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74.48.080 | Enforcement. | If a nursing facility fails to make timely payment of the safety net assessment, the department may seek a remedy provided by law, including, but not limited to: (1) Withholding any medical assistance reimbursement payments until such time as the assessment amount is recovered; (2) Suspension or revocation of the nursi... |
74.48.090 | Quality incentive payments. | (1) The department and the department of health, in consultation with the Washington state health care association, and aging services of Washington, shall design a system of skilled nursing facility quality incentive payments. The design of the system shall be submitted to the relevant policy and fiscal committees of ... |
74.48.900 | Severability—2011 1st sp.s. c 7. | Except as provided in RCW 74.48.060 , if any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
[ 2011 1st sp.s. c 7 s 24 .] |
74.48.901 | Effective date—2011 1st sp.s. c 7. | This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2011.
[ 2011 1st sp.s. c 7 s 26 .] |
74.55.010 | Demonstration sites—Selection criteria—Definition. | (1) The secretary shall establish demonstration sites for statewide implementation of a children's system of care. The demonstration sites shall be selected using the following criteria: (a) The system administrator must be the recipient of funding by the federal center for mental health services for the purpose of dev... |
74.55.020 | Goals. | The goals of the children's system of care are to: (1) Maintain a multiagency collaborative planning and system management mechanism at the state and local levels through the establishment of an oversight committee at the local level in accordance with the principles and program requirements associated with the federal... |
74.55.030 | Collaboration contract or memorandum of understanding. | The secretary shall assure collaboration with each demonstration site by child-serving entities operated directly by the department or by departmental contractors. A collaboration contract or memorandum of understanding shall be developed by the demonstration site and the secretary for that purpose.
[ 2002 c 309 s 3 .] |
74.55.050 | Funding—Report. | Funding for children's system of care projects following the expiration of the federal grant shall be determined using the process established in RCW 74.14A.060 and funded children's system of care projects shall be included in the annual report required by that section.
[ 2002 c 309 s 5 .] |
74.60.005 | Purpose—Findings—Intent. | (1) The purpose of this chapter is to establish a safety net program, including an assessment on certain nongovernmental medicaid prospective payment system hospitals and critical access hospitals and an allowance for intergovernmental transfers for designated public hospitals, which will be used solely as specified in... |
74.60.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Authority" means the health care authority. (2) "Base year" for medicaid fee-for-service payments for state fiscal year 2024 is state fiscal year 2021. For each following year's calculations, the base year ... |
74.60.020 | Hospital safety net assessment fund. | (1) A dedicated fund is hereby established within the state treasury to be known as the hospital safety net assessment fund. The purpose and use of the fund shall be to receive and disburse funds, together with accrued interest, in accordance with this chapter. Moneys in the fund, including interest earned, shall not b... |
74.60.030 | Assessments. | (1) Upon satisfaction of the conditions in RCW 74.60.150 (1), and so long as the conditions in RCW 74.60.150 (2) have not occurred, an annual assessment is imposed as set forth in this subsection, which shall be paid in equal quarterly installments. For calendar year 2024, the first assessment notice shall be sent on o... |
74.60.040 | Exemptions. | The following hospitals are exempt from any assessment under this chapter provided that if and to the extent any exemption is held invalid by a court of competent jurisdiction or by the centers for medicare and medicaid services, hospitals previously exempted shall be liable for assessments due after the date of final ... |
74.60.050 | Notices of assessment—Administration and collection. | (1) The authority, in cooperation with the office of financial management, shall develop rules for determining the amount to be assessed to individual hospitals, notifying individual hospitals of the assessed amount, and collecting the amounts due. Such rule making shall specifically include provision for: (a) Transmit... |
74.60.060 | Local assessments or taxes not authorized. | Nothing in this chapter shall be construed to authorize any unit of local government to impose a tax or assessment on hospitals, including but not limited to a tax or assessment measured by a hospital's income, earnings, bed days, or other similar measures.
[ 2010 1st sp.s. c 30 s 7 .] |
74.60.070 | Assessment part of operating overhead. | The incidence and burden of assessments imposed under this chapter shall be on hospitals and the expense associated with the assessments shall constitute a part of the operating overhead of hospitals. Hospitals shall not increase charges or billings to patients or third-party payers as a result of the assessments under... |
74.60.080 | Disbursements from hospital safety net assessment fund. | In each calendar year and upon satisfaction of the conditions in RCW 74.60.150 (1), and so long as none of the conditions in RCW 74.60.150 (2) occur, after deducting or reserving amounts authorized to be disbursed under RCW 74.60.020 (4) (d), (e), (f), and (g), disbursements from the fund must be made as follows: (1) $... |
74.60.090 | Medicaid directed payment program. | (1) In consultation with the Washington state hospital association, the authority shall design and implement a medicaid directed payment program, consistent with 42 C.F.R. Sec. 438.6(c), intended to promote access to high quality inpatient and outpatient care provided by designated public hospitals to medicaid benefici... |
74.60.100 | Grants to financially distressed hospitals. | (1) In each calendar year commencing upon satisfaction of the conditions in RCW 74.60.150 (1), the authority may make grants to financially distressed hospitals. (2) To qualify for a grant, a hospital must: (a) Be located in Washington, and not be part of a system of three or more hospitals; (b) Serve individuals enrol... |
74.60.110 | Small rural disproportionate share hospital payments. | In each fiscal year commencing upon satisfaction of the applicable conditions in RCW 74.60.150 (1), $2,040,000 must be distributed from the fund and, with available federal matching funds, paid to hospitals eligible for small rural disproportionate share payments under WAC 182-550-4900 or successor rule. Payments must ... |
74.60.120 | Direct supplemental payments to hospitals. | (1) For each calendar year, beginning January 1, 2024, or upon satisfaction of the applicable conditions in RCW 74.60.150 (1), whichever is later, the authority shall make supplemental payments directly to Washington hospitals, separately for inpatient and outpatient fee-for-service medicaid services, as follows unless... |
74.60.130 | Payments to medicaid managed care organizations. | (1) Beginning on the later of January 1, 2024, or 30 calendar days after satisfaction of the conditions in RCW 74.60.150 (1) and subsection (3) of this section, and for each subsequent calendar year so long as none of the conditions stated in RCW 74.60.150 (2) have occurred, the authority shall make quarterly payments ... |
74.60.140 | Multihospital locations, new hospitals, and changes in ownership. | (1) If an entity owns or operates more than one hospital subject to assessment under this chapter, the entity shall pay the assessment for each hospital separately. However, if the entity operates multiple hospitals under a single medicaid provider number, it may pay the assessment for the hospitals in the aggregate. (... |
74.60.150 | Conditions. | (1) The assessment, collection, and disbursement of funds under this chapter shall be conditional upon: (a) Final approval by the centers for medicare and medicaid services in order to implement the applicable sections of this chapter, except under RCW 74.60.090 , including, if necessary, waiver of the broad-based or u... |
74.60.160 | Contracting with health care authority. | (1) The legislature intends to provide the hospitals with an opportunity to contract with the authority each fiscal biennium to protect the hospitals from future legislative action during the biennium that could result in hospitals receiving less from supplemental payments, increased managed care payments, disproportio... |
74.60.170 | Estimated hospital net financial benefit determined by the authority—Formula—Modification. | (1) The estimated hospital net financial benefit under this chapter shall be determined by the authority by summing the following anticipated hospital payments, including all applicable federal matching funds, RCW 74.60.110 for payments to small rural disproportionate share hospitals, RCW 74.60.120 for supplemental pay... |
74.60.900 | Severability—2010 1st sp.s. c 30. | (1) The provisions of RCW 74.60.090 is [are] severable from the remainder of this chapter, unless the condition stated in RCW 74.60.150 (3)(c) occurs. The other provisions of this chapter are not severable; if the conditions set forth in RCW 74.60.150 (1) cannot be satisfied or if the conditions set forth in RCW 74.60.... |
74.60.902 | Expiration of chapter—2010 1st sp.s. c 30. | Upon expiration of chapter 74.60 RCW, inpatient and outpatient hospital reimbursement rates shall return to a funding level as if the four percent medicaid inpatient and outpatient rate reductions did not occur on July 1, 2009, using the rate structure in effect July 1, 2015, or as otherwise specified in the 2019-2021 ... |
74.62.005 | Findings—Intent—2011 1st sp.s. c 36. | (1) The legislature finds that: (a) Persons who have a long-term disability and apply for federal supplemental security income benefits should receive assistance while their application for federal benefits is pending; (b) Persons who are incapacitated from gainful employment for an extended period, but who may not mee... |
74.62.010 | Definitions. | For the purposes of this chapter, unless the context indicates otherwise, the following definitions shall apply: (1) "Aged, blind, and [or] disabled assistance program" means the program established under RCW 74.62.030 . (2) "Department" means the department of social and health services. (3) "Director" or "secretary" ... |
74.62.020 | Termination of disability lifeline program. | Effective October 31, 2011, the disability lifeline program, as defined under chapter 74.04 RCW, is terminated and all benefits provided under that program shall expire and cease to exist.
[ 2011 1st sp.s. c 36 s 2 .]
Effective date — 2011 1st sp.s. c 36: See note following RCW 74.62.005 . |
74.62.030 | Assistance programs—Eligibility criteria. | *** CHANGE IN 2026 *** (SEE 2632.SL ) ***
(1)(a) The aged, blind, or disabled assistance program shall provide financial grants to persons in need who: (i) Are not eligible to receive supplemental security income, refugee cash assistance, temporary assistance for needy families, or state family assistance benefits; (ii... |
74.64.005 | Intent. | It is the intent of the legislature to: (1) Implement waste, fraud, and abuse detection, prevention, and recovery solutions to improve program integrity for medical services programs in the state and create efficiency and cost savings through a shift from a retrospective "pay and chase" model to a prospective prepaymen... |
74.64.010 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Authority" means the Washington state health care authority. (2) "Enrollee" means an individual who receives benefits through a medical services program. (3) "Medical services programs" means those medical ... |
74.64.020 | Contracting for services. | (1) Not later than September 1, 2012, the authority shall issue a request for information to seek input from potential contractors on capabilities that the authority does not currently possess, functions that the authority is not currently performing, and the cost structures associated with implementing: (a) Advanced p... |
74.64.030 | Funding for chapter—Reimbursement methods. | It is the intent of the legislature that the savings achieved through this chapter shall more than cover the cost of implementation and administration. Therefore, to the extent possible, technology services used in carrying out this chapter must be secured using the savings generated by the program, whereby the state's... |
74.64.900 | Effective date—2012 c 234. | This act takes effect July 1, 2012.
[ 2012 c 234 s 7 .] |
74.66.005 | Short title. | This chapter may be known and cited as the medicaid fraud false claims act.
[ 2012 c 241 s 214 .]
Intent — Finding — 2012 c 241: See note following RCW 74.66.010 . |
74.66.010 | Definitions. | Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter: (1)(a) "Claim" means any request or demand made for a medicaid payment under chapter 74.09 RCW or other applicable law, whether under a contract or otherwise, for money or property and whether or not a governme... |
74.66.020 | Civil penalty—False or fraudulent claims. | (1) Subject to subsections (2) and (4) of this section, a person is liable to the government entity for a civil penalty of not less than the greater of ten thousand nine hundred fifty-seven dollars or the minimum inflation adjusted penalty amount imposed as provided by 31 U.S.C. Sec. 3729(a) and not more than the great... |
74.66.030 | Public records exemption. | Any information furnished pursuant to this chapter is exempt from disclosure under the public records act, chapter 42.56 RCW, until final disposition and all court-ordered seals are lifted.
[ 2012 c 241 s 203 .]
Intent — Finding — 2012 c 241: See note following RCW 74.66.010 . |
74.66.040 | Attorney general—Investigation—Civil action. | The attorney general must diligently investigate a violation under RCW 74.66.020 . If the attorney general finds that a person has violated or is violating RCW 74.66.020 , the attorney general may bring a civil action under this section against the person.
[ 2012 c 241 s 204 .]
Intent — Finding — 2012 c 241: See note f... |
74.66.050 | Qui tam action—Relator rights and duties. | (1) A person may bring a civil action for a violation of RCW 74.66.020 for the person and for the government entity. The action may be known as a qui tam action and the person bringing the action as a qui tam relator. The action must be brought in the name of the government entity. The action may be dismissed only if t... |
74.66.060 | Qui tam action—Attorney general authority. | (1) If the attorney general proceeds with the qui tam action, the attorney general shall have the primary responsibility for prosecuting the action, and is not bound by an act of the relator. The relator has the right to continue as a party to the action, subject to the limitations set forth in subsection (2) of this s... |
74.66.070 | Qui tam action—Award—Proceeds of action or settlement of claim. | (1)(a) Subject to (b) of this subsection, if the attorney general proceeds with a qui tam action, the relator must receive at least fifteen percent but not more than twenty-five percent of the proceeds of the action or settlement of the claim, depending upon the extent to which the relator substantially contributed to ... |
74.66.080 | Qui tam action—Restrictions—Dismissal. | (1) In no event may a person bring a qui tam action which is based upon allegations or transactions which are the subject of a civil suit or an administrative civil money penalty proceeding in which the state is already a party. (2)(a) The court must dismiss an action or claim under this section, unless opposed by the ... |
74.66.090 | Whistleblower relief. | (1) Any employee, contractor, or agent is entitled to all relief necessary to make that employee, contractor, or agent whole, if that employee, contractor, or agent , is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because o... |
74.66.100 | Procedure for civil actions. | (1) A subpoena requiring the attendance of a witness at a trial or hearing conducted under RCW 74.66.040 or 74.66.050 may be served at any place in the state of Washington. (2) A civil action under RCW 74.66.040 or 74.66.050 may be brought at any time, without limitation after the date on which the violation of RCW 74.... |
74.66.110 | Jurisdiction—Seal on action. | (1) Any action under RCW 74.66.040 or 74.66.050 may be brought in the superior court in any county in which the defendant or, in the case of multiple defendants, any one defendant can be found, resides, transacts business, or in which any act proscribed by RCW 74.66.020 occurred. The appropriate court must issue a summ... |
74.66.120 | Civil investigative demands. | (1)(a) Whenever the attorney general, or a designee, for purposes of this section, has reason to believe that any person may be in possession, custody, or control of any documentary material or information relevant to a false claims act investigation, the attorney general, or a designee, may, before commencing a civil ... |
74.66.130 | Reporting. | Beginning November 15, 2012, and annually thereafter, the attorney general in consultation with the health care authority must report results of implementing the medicaid fraud false claims act. This report must include: (1) The number of attorneys assigned to qui tam initiated actions; (2) The number of cases brought ... |
74.67.005 | Finding—Intent. | The legislature finds that medicaid provider fraud and the abuse and neglect of persons in nursing facilities, adult family homes, and long-term care services present a serious risk of harm to the people of the state of Washington in general and to vulnerable adults in particular. The legislature intends with this chap... |
74.67.010 | Medicaid fraud control unit—Establishment—Authority and criminal jurisdiction—Duties. | (1) The attorney general shall establish and maintain within his or her office the medicaid fraud control unit. (2) The attorney general shall employ and train personnel to achieve the purposes of this chapter, including attorneys, investigators, auditors, clerical support personnel, and other personnel as the attorney... |
74.70.010 | Finding—Purpose.(Contingent expiration date.) | The legislature finds that the payments to private emergency ambulance service providers for transports for medicaid recipients have not been increased since 2004, resulting in a loss for carriers who provide this service. This has resulted in the shifting of cost of medicaid transports to other payers. The purpose of ... |
74.70.020 | Definitions.(Contingent expiration date.) | *** CHANGE IN 2026 *** (SEE 2531.SL ) ***
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Aggregate fee schedule amount" means the product of the add-on calculated pursuant to RCW 74.70.060 (1) multiplied by the number of emergency ambulance transports f... |
74.70.030 | Ambulance transport fund—Sources—Use.(Contingent expiration date.) | (1) A dedicated fund is hereby established within the state treasury to be known as the ambulance transport fund. The purpose and use of the fund shall be to receive and disburse funds, together with accrued interest, in accordance with this chapter. Moneys in the fund, including interest earned, shall not be used or d... |
74.70.040 | Report to authority.(Contingent expiration date.) | (1) Each ambulance transport provider must report to the authority the number of emergency ambulance transports by payer type and the annual gross receipts for the state fiscal year ending June 30, 2020, pursuant to form and timing required by the authority. The authority shall establish the timing for such reporting t... |
74.70.050 | Quality assurance fee—Calculation—Assessment—Interest.(Contingent expiration date.) | *** CHANGE IN 2026 *** (SEE 2531.SL ) ***
(1) Beginning July 1, 2021, and annually thereafter, the authority shall assess each ambulance transport provider a quality assurance fee. Each ambulance transport provider must pay the quality assurance fee on a quarterly basis. The quarterly quality assurance fee payment shal... |
74.70.060 | Add-on increase—Funding.(Contingent expiration date.) | *** CHANGE IN 2026 *** (SEE 2531.SL ) ***
(1) Beginning July 1, 2021, and for each state fiscal year thereafter, reimbursement for emergency ambulance transports provided by ambulance transport providers shall be increased by application of an add-on to the associated medicaid fee-for-service payment schedule. The add-... |
74.70.070 | Rules.(Contingent expiration date.) | The authority may adopt rules to implement this chapter.
[ 2020 c 354 s 7 .]
Contingent expiration date — 2020 c 354: See RCW 74.70.100 (4)(b). |
74.70.080 | Federal approval.(Contingent expiration date.) | (1)(a) The authority shall request any approval from the federal centers for medicare and medicaid services it determines are necessary for the use of fees pursuant to this chapter and for the purpose of receiving associated federal matching funds. (b) This chapter shall be implemented only to the extent that any neces... |
74.70.090 | Delayed implementation—Retroactive fees.(Contingent expiration date.) | If there is a delay in the implementation of this chapter for any reason, including a delay in any required approval of the quality assurance fee and reimbursement methodology specified by the federal centers for medicare and medicaid services, the following shall apply: (1) An ambulance transport provider may be asses... |
74.70.100 | Operation and termination—Contingent expiration date.(Contingent expiration date.) | (1) The assessment, collection, and disbursement of funds under this chapter shall be conditional upon: (a) The federal centers for medicare and medicaid services not determining that the quality assurance fee revenues may not be used for the purposes set forth in this chapter; (b) The state not reducing its fee-for-se... |
74.70.900 | Effective date—2020 c 354. | This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 3, 2020].
[ 2020 c 354 s 14 .] |
74.74.010 | Purpose. | The purpose of this chapter is to establish the scope of refugee and immigrant assistance administered by the office of refugee and immigrant assistance within the department.
[ 2024 c 153 s 1 .] |
74.74.020 | Definitions. | The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Department" means the department of social and health services. (2) "Federal act" means Title IV of the federal immigration and nationality act, 8 U.S.C. Sec. 1521 et seq. as amended, including any federal ... |
74.74.030 | Coordination of statewide efforts. | The department shall coordinate statewide efforts to support the economic and social integration and basic needs of immigrants and refugees arriving and resettling in Washington. The department shall coordinate with local, state, and federal government agencies and other stakeholders.
[ 2024 c 153 s 3 .] |
74.74.040 | Washington state plan for refugee resettlement. | The department is designated as the lead state agency responsible for the development, review, and administration of the Washington state plan for refugee resettlement. The department shall submit the state plan to and seek approval from the federal office of refugee resettlement within the federal department of health... |
74.74.050 | Assistance and support services. | (1) The department shall provide refugee cash assistance, refugee medical assistance, and refugee support services in accordance with the federal act and the state plan. (2) The refugee support services described in this section may include: (a) Employment services; (b) English language instruction; (c) Case management... |
74.74.060 | Services for immigrants ineligible for federal services. | (1) The department may administer services to immigrants who are ineligible for federal services described in RCW 74.74.050 . (2) The department may contract with external entities, including community-based organizations, to provide the services authorized under this section. In contracting with community-based organi... |
74.74.070 | Rules. | The department may adopt rules in order to achieve the purposes of this chapter.
[ 2024 c 153 s 7 .] |
74.76.010 | Definitions.(Contingent expiration date.) | The definitions in this section apply throughout this chapter and chapter 48.208 RCW unless the context clearly requires otherwise. (1) "Authority" means the Washington state health care authority. (2) "Commissioner" means the insurance commissioner or his or her designee. (3) "Covered lives" means all persons residing... |
74.76.020 | Waiver requests—Funds.(Contingent expiration date.) | (1) By September 1, 2025, the authority shall submit any state plan amendments or waiver requests to the centers for medicare and medicaid services that are necessary to implement the medicaid access program established in RCW 74.76.050 . (2) The assessment, collection, and disbursement of funds for this program shall ... |
74.76.030 | Covered lives assessment—Notification.(Contingent expiration date.) | (1) All health carriers and medicaid managed care organizations shall pay an annual covered lives assessment beginning January 1st of the plan year following the approval in RCW 74.76.020 (2)(a) as follows: (a) For assessments due the first plan year: (i) The authority shall assess a per member per month assessment of ... |
74.76.040 | Medicaid access program account.(Contingent expiration date.) | (1) The medicaid access program account is created in the state treasury. All receipts from the assessments, interest, and penalties collected by the authority and commissioner under RCW 74.76.030 and 48.208.010 must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditure... |
74.76.050 | Medicaid access program—Rates—Study.(Contingent expiration date.) | (1) The medicaid access program is hereby created. (2) By January 1st of the second plan year after conditions of RCW 74.76.020 are met, professional services rates for anesthesia, diagnostics, intense outpatient, opioid treatment programs, emergency room, inpatient and outpatient surgery, inpatient visits, low-level b... |
74.76.060 | Medicaid access program—Rules.(Contingent expiration date.) | The authority may adopt rules and undertake actions necessary to carry out RCW 74.76.020 , 74.76.030 , and 74.76.050 including, but not limited to, rules prescribing the medicaid access program plan of operations, measures to enforce reporting of covered lives, audits of covered lives reporting, and payment of applicab... |
74.76.070 | Medicaid access program—Liability.(Contingent expiration date.) | The medicaid access program, health carriers and medicaid managed care organizations assessed by the program, the authority, and employees of the authority are not civilly or criminally liable and may not have any penalty or cause of action of any nature arise against them for any action or inaction, including any disc... |
74.76.900 | Construction—2025 c 359.(Contingent expiration date.) | Nothing in chapter 359, Laws of 2025 shall be construed to alter the requirements: (1) Under 42 C.F.R. Sec. 438.4 that the rates paid by the state to managed care organizations be actuarially sound; and (2) that the state develop the rates in compliance with standards under 42 C.F.R. Sec. 438.5.
[ 2025 c 359 s 7 .]
Eff... |
74.98.010 | Continuation of existing law. | The provisions of this title insofar as they are substantially the same as statutory provisions repealed by this chapter, and relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments.
[ 1959 c 26 s 74.98.010 .] |
74.98.020 | Title, chapter, section headings not part of law. | Title headings, chapter headings, and section or subsection headings, as used in this title do not constitute any part of the law.
[ 1959 c 26 s 74.98.020 .] |
74.98.030 | Invalidity of part of title not to affect remainder. | If any provision of this title, or its application to any person or circumstance is held invalid, the remainder of the title, the application of the provision to other persons or circumstances is not affected.
[ 1959 c 26 s 74.98.030 .] |
74.98.040 | Purpose—1959 c 26. | It is the purpose and intent of this title to provide for the public welfare by making available, in conjunction with federal matching funds, such public assistance as is necessary to insure to recipients thereof a reasonable subsistence compatible with decency and health.
[ 1959 c 26 s 74.98.040 .] |
74.98.050 | Repeals and saving. | See 1959 c 26 s 74.98.050 . |
74.98.060 | Emergency—1959 c 26. | This act is necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions, and shall take effect immediately.
[ 1959 c 26 s 74.98.060 .] |
76.04.005 | Definitions. | As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise. (1) "Additional fire hazard" means a condition existing on any land in the state: (a) Covered wholly or in part by forest debris which is likely to further the spread of fire and thereby endanger life... |
76.04.015 | Fire protection powers and duties of department—Enforcement—Investigation—Administration. | (1) The department may, at its discretion, appoint trained personnel possessing the necessary qualifications to carry out the duties and supporting functions of the department and may determine their respective salaries. (2) The department shall have direct charge of and supervision of all matters pertaining to the for... |
76.04.016 | Fire prevention and suppression capacity—Duties owed to public in general—Legislative intent. | The department when acting, in good faith, in its statutory capacity as a fire prevention and suppression agency, is carrying out duties owed to the public in general and not to any individual person or class of persons separate and apart from the public. Nothing contained in this title, including but not limited to an... |
76.04.021 | Department must accommodate livestock owner's request to retrieve or care for animals at risk due to a wildfire—Liability. | (1)(a) The department must make every reasonable effort to accommodate a livestock owner's request to retrieve or care for animals in his or her charge that are at risk due to a wildfire. (b) The department may only prohibit livestock owners, or the owner's employees or agents, from retrieving or caring for livestock t... |
76.04.025 | Federal funds. | The department shall receive and disburse any and all moneys contributed, allotted, or paid by the United States under the authority of any act of Congress for use in cooperation with the state of Washington in protecting and developing forests.
[ 1986 c 100 s 3 .] |
76.04.035 | Wardens—Appointment—Duties. | (1) The department may appoint any of its employees as wardens, at the times and localities as it considers the public welfare demands, within any area of the state where there is forestland requiring protection. (2) The duties of wardens shall be: (a) To provide forest fire prevention and protection information to the... |
76.04.045 | Rangers—Appointment—Ex officio rangers—Compensation. | (1) All Washington state patrol officers, fish and wildlife officers, deputy state fire marshals, and state park rangers, while in their respective jurisdictions, shall be ex officio rangers. (2) Employees of the United States forest service, when recommended by their forest supervisor, and citizens of the state advant... |
76.04.055 | Service of notices. | Any notice required by law to be served by the department, warden, or ranger shall be sufficient if a written or printed copy thereof is delivered, mailed, telegraphed, or electronically transmitted by the department, warden, or ranger to the person to receive the notice or to his or her responsible agent. If the name ... |
76.04.065 | Arrests without warrants. | Department employees appointed as wardens, persons commissioned as rangers, and all police officers may arrest persons violating this chapter, without warrant, as prescribed by law.
[ 1986 c 100 s 7 .] |
76.04.075 | Rules—Penalty. | Any person who violates any of the orders or rules adopted under this chapter for the protection of forests from fires is guilty of a misdemeanor and subject to the penalties for a misdemeanor under RCW 9A.20.021 , unless another penalty is provided.
[ 1986 c 100 s 8 .] |
76.04.085 | Penalty for violations. | Unless specified otherwise, violations of the provisions of this chapter shall be a misdemeanor and subject to the penalties for a misdemeanor under RCW 9A.20.021 .
[ 1986 c 100 s 9 .] |
76.04.095 | Cooperative protection. | When any responsible protective agency or agencies composed of timber owners other than the state agrees to undertake systematic forest protection in cooperation with the state and such cooperation appears to the department to be more advantageous to the state than the state-provided forest fire services, the departmen... |
76.04.105 | Contracts for protection and development. | The department may enter into contracts and undertakings with private corporations for the protection and development of the forestlands within the state, subject to the provisions of this chapter.
[ 1986 c 100 s 11 .] |
76.04.115 | Articles of incorporation—Requirements. | Before any private corporation may enter into any contract under RCW 76.04.105 , there shall be incorporated into the articles of incorporation or charter of such corporation a provision requiring that the corporation, out of its earnings or earned surplus, and in a manner satisfactory to the department, annually set a... |
76.04.125 | Requisites of contract. | Any undertaking for the protection and development of the forestlands of the state under RCW 76.04.105 shall be regulated and controlled by a contract to be entered into between the private corporation and the department. The contract shall outline the lands involved and the conditions and details of the undertaking, i... |
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