HB 1064 -
By Committee on Law & Justice
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 6.21.040 and 1987 c 442 s 604 are each amended to
read as follows:
The notice of sale shall be printed or typed and shall be in
substantially the following form, except that if the sale is not
pursuant to a judgment of foreclosure of a mortgage or a statutory
lien, the notice shall also contain a statement that the sheriff has
been informed that there is not sufficient personal property to satisfy
the judgment and that if the judgment debtor or debtors do have
sufficient personal property to satisfy the judgment, the judgment
debtor or debtors should contact the sheriff's office immediately:
Sec. 2 RCW 6.23.030 and 1987 c 442 s 703 are each amended to read
as follows:
(1) If the property is subject to a homestead as provided in
chapter 6.13 RCW, the purchaser, or the redemptioner if the property
has been redeemed, shall send a notice, in the form prescribed in
subsection (3) of this section, at least forty but not more than sixty
days before the expiration of the judgment debtor's redemption period
both by regular mail and by certified mail, return receipt requested,
to the judgment debtor or debtors and to each of them separately, if
there is more than one judgment debtor, at their last known address or
addresses and to "occupant" at the property address. The party who
sends the notice shall file a copy of the notice with an affidavit of
mailing with the clerk of the court and deliver or mail a copy to the
sheriff.
(2) Failure to comply with this section extends the judgment
debtor's redemption period six months. If the redemption period is
extended, no further notice need be sent. Time for redemption by
redemptioners shall not be extended.
(3) The notice and affidavit of mailing required by subsection (1)
of this section shall be in substantially the following form:
Sec. 3 RCW 9.96.020 and 2012 c 117 s 4 are each amended to read
as follows:
Whenever the governor shall determine to restore his or her civil
rights to any person convicted of an infamous crime in any superior
court of this state, he or she shall execute and file in the office of
the secretary of state an instrument in writing in substantially the
following form:
Sec. 4 RCW 10.14.085 and 1992 c 143 s 12 are each amended to read
as follows:
(1) If the respondent was not personally served with the petition,
notice of hearing, and ex parte order before the hearing, the court
shall reset the hearing for twenty-four days from the date of entry of
the order and may order service by publication instead of personal
service under the following circumstances:
(a) The sheriff or municipal officer files an affidavit stating
that the officer was unable to complete personal service upon the
respondent. The affidavit must describe the number and types of
attempts the officer made to complete service;
(b) The petitioner files an affidavit stating that the petitioner
believes that the respondent is hiding from the server to avoid
service. The petitioner's affidavit must state the reasons for the
belief that the ((petitioner [respondent])) respondent is avoiding
service;
(c) The server has deposited a copy of the summons, in
substantially the form prescribed in subsection (3) of this section,
notice of hearing, and the ex parte order of protection in the post
office, directed to the respondent at the respondent's last known
address, unless the server states that the server does not know the
respondent's address; and
(d) The court finds reasonable grounds exist to believe that the
respondent is concealing himself or herself to avoid service, and that
further attempts to personally serve the respondent would be futile or
unduly burdensome.
(2) The court shall reissue the temporary order of protection not
to exceed another twenty-four days from the date of reissuing the ex
parte protection order and order to provide service by publication.
(3) The publication shall be made in a newspaper of general
circulation in the county where the petition was brought and in the
county of the last known address of the respondent once a week for
three consecutive weeks. The newspaper selected must be one of the
three most widely circulated papers in the county. The publication of
summons shall not be made until the court orders service by publication
under this section. Service of the summons shall be considered
complete when the publication has been made for three consecutive
weeks. The summons must be signed by the petitioner. The summons
shall contain the date of the first publication, and shall require the
respondent upon whom service by publication is desired, to appear and
answer the petition on the date set for the hearing. The summons shall
also contain a brief statement of the reason for the petition and a
summary of the provisions under the ex parte order. The summons shall
be essentially in the following form:
| In the . . . . . . . . . court of the state of Washington for
the county of . . . . . . . . . | |||
| . . . . . . . . . . . . . . . , Petitioner | |||
| vs. | No. . . . . . . | ||
| . . . . . . . . . . . . . . . , Respondent | |||
| The state of Washington to . . . . . . . . . (respondent): | |||
| You are hereby summoned to appear on the . . . . day
of . . . . . . , (( | |||
| . . . . . . . . . . . . | |||
| Petitioner . . . . . . . . . . . . | |||
Sec. 5 RCW 10.37.040 and 2010 c 8 s 1036 are each amended to read
as follows:
The indictment may be substantially in the following form:
Sec. 6 RCW 11.28.090 and 2009 c 549 s 1004 are each amended to
read as follows:
Letters testamentary to be issued to executors under the provisions
of this chapter shall be signed by the clerk, and issued under the seal
of the court, and may be in the following form:
State of Washington, county of . . . . . .
In the superior court of the county of . . . . . .
Whereas, the last will of A B, deceased, was, on the . . . . day
of . . . . . . , ((A.D., . . . .)) (year). . . . , duly exhibited,
proven, and recorded in our said superior court; and whereas, it
appears in and by said will that C D is appointed executor thereon,
and, whereas, said C D has duly qualified, now, therefore, know all
persons by these presents, that we do hereby authorize the said C D to
execute said will according to law.
Witness my hand and the seal of said court this . . . . day of
. . . . . ., ((A.D., 19. . .)) (year). . . .
Sec. 7 RCW 11.28.140 and 2009 c 549 s 1005 are each amended to
read as follows:
Letters of administration shall be signed by the clerk, and be
under the seal of the court, and may be substantially in the following
form:
State of Washington, County of . . . . . .
Whereas, A.B., late of . . . . . . on or about the . . . . day of
. . . . . . ((A.D., . . . .)) (year). . . . died intestate, leaving at
the time of his or her death, property in this state subject to
administration: Now, therefore, know all persons by these presents,
that we do hereby appoint . . . . . . . . . administrator upon said
estate, and whereas said administrator has duly qualified, hereby
authorize him or her to administer the same according to law.
Witness my hand and the seal of said court this . . . . day of
. . . . . . ((A.D., 19. . .)) (year). . . .
Sec. 8 RCW 11.68.110 and 1998 c 292 s 202 are each amended to
read as follows:
(1) If a personal representative who has acquired nonintervention
powers does not apply to the court for either of the final decrees
provided for in RCW 11.68.100 as now or hereafter amended, the personal
representative shall, when the administration of the estate has been
completed, file a declaration that must state as follows:
(a) The date of the decedent's death and the decedent's residence
at the time of death;
(b) Whether or not the decedent died testate or intestate;
(c) If the decedent died testate, the date of the decedent's last
will and testament and the date of the order probating the will;
(d) That each creditor's claim which was justly due and properly
presented as required by law has been paid or otherwise disposed of by
agreement with the creditor, and that the amount of estate taxes due as
the result of the decedent's death has been determined, settled, and
paid;
(e) That the personal representative has completed the
administration of the decedent's estate without court intervention, and
the estate is ready to be closed;
(f) If the decedent died intestate, the names, addresses (if
known), and relationship of each heir of the decedent, together with
the distributive share of each heir; and
(g) The amount of fees paid or to be paid to each of the following:
(i) Personal representative or representatives; (ii) lawyer or lawyers;
(iii) appraiser or appraisers; and (iv) accountant or accountants; and
that the personal representative believes the fees to be reasonable and
does not intend to obtain court approval of the amount of the fees or
to submit an estate accounting to the court for approval.
(2) Subject to the requirement of notice as provided in this
section, unless an heir, devisee, or legatee of a decedent petitions
the court either for an order requiring the personal representative to
obtain court approval of the amount of fees paid or to be paid to the
personal representative, lawyers, appraisers, or accountants, or for an
order requiring an accounting, or both, within thirty days from the
date of filing a declaration of completion of probate, the personal
representative will be automatically discharged without further order
of the court and the representative's powers will cease thirty days
after the filing of the declaration of completion of probate, and the
declaration of completion of probate shall, at that time, be the
equivalent of the entry of a decree of distribution in accordance with
chapter 11.76 RCW for all legal intents and purposes.
(3) Within five days of the date of the filing of the declaration
of completion, the personal representative or the personal
representative's lawyer shall mail a copy of the declaration of
completion to each heir, legatee, or devisee of the decedent, who: (a)
Has not waived notice of the filing, in writing, filed in the cause;
and (b) either has not received the full amount of the distribution to
which the heir, legatee, or devisee is entitled or has a property right
that might be affected adversely by the discharge of the personal
representative under this section, together with a notice which shall
be substantially as follows:
Sec. 9 RCW 11.88.140 and 2011 c 329 s 7 are each amended to read
as follows:
(1) TERMINATION WITHOUT COURT ORDER. A guardianship or limited
guardianship is terminated:
(a) Upon the attainment of full and legal age, as defined in RCW
26.28.010 as now or hereafter amended, of any person defined as an
incapacitated person pursuant to RCW 11.88.010 as now or hereafter
amended solely by reason of youth, RCW 26.28.020 to the contrary
notwithstanding, subject to subsection (2) of this section;
(b) By an adjudication of capacity or an adjudication of
termination of incapacity;
(c) By the death of the incapacitated person;
(d) By expiration of the term of limited guardianship specified in
the order appointing the limited guardian, unless prior to such
expiration a petition has been filed and served, as provided in RCW
11.88.040 as now or hereafter amended, seeking an extension of such
term.
(2) TERMINATION OF GUARDIANSHIP FOR A MINOR BY DECLARATION OF
COMPLETION. A guardianship for the benefit of a minor may be
terminated upon the minor's attainment of legal age, as defined in RCW
26.28.010 as now or hereafter amended, by the guardian filing a
declaration that states:
(a) The date the minor attained legal age;
(b) That the guardian has paid all of the minor's funds in the
guardian's possession to the minor, who has signed a receipt for the
funds, and that the receipt has been filed with the court;
(c) That the guardian has completed the administration of the
minor's estate and the guardianship is ready to be closed; and
(d) The amount of fees paid or to be paid to each of the following:
(i) The guardian, (ii) lawyer or lawyers, (iii) accountant or
accountants; and that the guardian believes the fees are reasonable and
does not intend to obtain court approval of the amount of the fees or
to submit a guardianship accounting to the court for approval. Subject
to the requirement of notice as provided in this section, unless the
minor petitions the court either for an order requiring the guardian to
obtain court approval of the amount of fees paid or to be paid to the
guardian, lawyers, or accountants, or for an order requiring an
accounting, or both, within thirty days from the filing of the
declaration of completion of guardianship, the guardian shall be
automatically discharged without further order of the court. The
guardian's powers will cease thirty days after filing the declaration
of completion of guardianship. The declaration of completion of
guardianship shall, at the time, be the equivalent of an entry of a
decree terminating the guardianship, distributing the assets, and
discharging the guardian for all legal intents and purposes.
Within five days of the date of filing the declaration of
completion of guardianship, the guardian or the guardian's lawyer shall
mail a copy of the declaration of completion to the minor together with
a notice that shall be substantially as follows:
| CAPTION OF CASE | NOTICE OF FILING A
DECLARATION OF
COMPLETION OF
GUARDIANSHIP |
| NOTICE IS GIVEN that the attached Declaration of
Completion of Guardianship was filed by the undersigned
in the above-entitled court on the . . . . . . day of . . . . . . ,
(( | |
| If you file and serve a petition within the period
specified, the undersigned will request the court to fix a
time and place for the hearing of your petition, and you will
be notified of the time and place of the hearing, by mail, or
by personal service, not less than ten days before the
hearing on the petition. | |
| DATED this . . . . . . day of . . . . . . , (( | |
| . . . . . . . . . . . . | |
| Guardian | |
Sec. 10 RCW 12.04.020 and 2010 c 8 s 3001 are each amended to
read as follows:
A party desiring to commence an action before a justice of the
peace, for the recovery of a debt by summons, shall file his or her
claim with the justice of the peace, verified by his or her own oath,
or that of his or her agent or attorney, and thereupon the justice of
the peace shall, on payment of his or her fees, if demanded, issue a
summons to the opposite party, which summons shall be in the following
form, or as nearly as the case will admit, viz:
Sec. 11 RCW 12.04.030 and 2010 c 8 s 3002 are each amended to
read as follows:
Any person desiring to commence an action before a justice of the
peace, by the service of a complaint and notice, can do so by filing
his or her complaint verified by his or her own oath or that of his or
her agent or attorney with the justice, and when such complaint is so
filed, upon payment of his or her fees if demanded, the justice shall
attach thereto a notice, which shall be substantially as follows:
Sec. 12 RCW 12.04.100 and 1985 c 469 s 6 are each amended to read
as follows:
In case personal service cannot be had by reason of the absence of
the defendant from the county in which the action is sought to be
commenced, it shall be proper to publish the summons or notice with a
brief statement of the object and prayer of the claim or complaint, in
some newspaper of general circulation in the county wherein the action
is commenced, which notice shall be published not less than once a week
for three weeks prior to the time fixed for the hearing of the cause,
which shall not be less than four weeks from the first publication of
the notice.
The notice may be substantially as follows:
Sec. 13 RCW 12.04.201 and 2010 c 8 s 3014 are each amended to
read as follows:
Sec. 14 RCW 12.04.203 and 2010 c 8 s 3015 are each amended to
read as follows:
Sec. 15 RCW 12.04.204 and 1957 c 89 s 6 are each amended to read
as follows:
Sec. 16 RCW 12.04.205 and 1957 c 89 s 7 are each amended to read
as follows:
Sec. 17 RCW 12.04.206 and 2010 c 8 s 3016 are each amended to
read as follows:
Sec. 18 RCW 12.04.207 and 2010 c 8 s 3017 are each amended to
read as follows:
Sec. 19 RCW 12.40.110 and 1998 c 52 s 6 are each amended to read
as follows:
(1) If the losing party fails to pay the judgment according to the
terms and conditions thereof within thirty days or is in arrears on any
payment plan, and the prevailing party so notifies the court, the court
shall certify the judgment in substantially the following form:
Sec. 20 RCW 17.28.090 and 2011 c 336 s 464 are each amended to
read as follows:
If, from the testimony given before the county commissioners, it
appears to that board that the public necessity or welfare requires the
formation of the district, it shall, by an order entered on its
minutes, declare that to be its finding, and shall further declare and
order that the territory within the boundaries so fixed and determined
be organized as a district, under an appropriate name to be selected by
the county commissioners, subject to approval of the voters of the
district as hereinafter provided. The name shall contain the words
"mosquito control district."
At the time of the declaration establishing and naming the
district, the county commissioners shall by resolution call a special
election to be held not less than thirty days and not more than sixty
days from the date thereof, and shall cause to be published a notice of
such election at least once a week for three consecutive weeks in a
newspaper of general circulation in the county, setting forth the hours
during which the polls will be open, the boundaries of the proposed
district as finally adopted, and the object of the election. If any
portion of the proposed district lies in another county, a notice of
such election shall likewise be published in that county.
The election on the formation of the mosquito control district
shall be conducted by the auditor of the county in which the greater
area of the proposed district is located in accordance with the general
election laws of the state and the results thereof shall be canvassed
by that county's canvassing board. For the purpose of conducting an
election under this section, the auditor of the county in which the
greater area of the proposed district is located may appoint the
auditor of any county or the city clerk of any city lying wholly or
partially within the proposed district as his or her deputies. No
person shall be entitled to vote at such election unless he or she is
a qualified voter under the laws of the state in effect at the time of
such election and has resided within the mosquito control district for
at least thirty days preceding the date of the election. The ballot
proposition shall be in substantially the following form:
Sec. 21 RCW 18.44.251 and 2011 1st sp.s. c 21 s 47 are each
amended to read as follows:
A request for a waiver of the required errors and omissions policy
may be accomplished under the statute by submitting to the director an
affidavit that substantially addresses the following:
Sec. 22 RCW 19.120.040 and 1986 c 320 s 5 are each amended to
read as follows:
Notwithstanding the terms of any motor fuel franchise, the interest
of a motor fuel retailer under such an agreement shall be considered
personal property and shall devolve on the death of the motor fuel
retailer to a designated successor in interest of the retailer, limited
to the retailer's spouse, adult child, or adult stepchild or, if no
successor in interest is designated, to the retailer's spouse, if any.
The designation shall be made, witnessed in writing by at least two
persons, and delivered to the motor fuel refiner-supplier during the
term of the franchise. The designation may be revised at any time by
the motor fuel retailer and shall be substantially in the following
form:
"I (motor fuel retailer name) at the . . . . . . service station located at . . . . . ., in the City of . . . . . ., Washington, designate . . . . . . as my successor in interest under RCW 19.120.030 and . . . . . . as my alternate successor if the originally designated successor is unable or unwilling so to act.
I so specify this . . . . day of . . . . . ., ((19. . .)) (year). . . . "
Sec. 23 RCW 26.04.090 and 1967 c 26 s 4 are each amended to read
as follows:
A person solemnizing a marriage shall, within thirty days
thereafter, make and deliver to the county auditor of the county
wherein the license was issued a certificate for the files of the
county auditor, and a certificate for the files of the state registrar
of vital statistics. The certificate for the files of the county
auditor shall be substantially as follows:
Sec. 24 RCW 26.18.100 and 2008 c 6 s 1033 are each amended to
read as follows:
The wage assignment order shall be substantially in the following
form:
WHETHER OR NOT YOU OWE ANYTHING TO THE OBLIGOR, YOUR FAILURE TO ANSWER AS REQUIRED MAY MAKE YOU LIABLE FOR THE AMOUNT OF SUPPORT MONEYS THAT SHOULD HAVE BEEN WITHHELD FROM THE OBLIGOR'S EARNINGS OR SUBJECT TO CONTEMPT OF COURT.
| . . . . . . . . . . . . | . . . . . . . . . . . . |
| Obligee, | Judge/Court Commissioner |
| or obligee's attorney | |
| Send withheld payments to: | . . . . . . . . . . . . |
| . . . . . . . . . . . . | |
| . . . . . . . . . . . . | |
| . . . . . . . . . . . . |
Sec. 25 RCW 26.50.085 and 1992 c 143 s 4 are each amended to read
as follows:
(1) If the respondent was not personally served with the petition,
notice of hearing, and ex parte order before the hearing, the court
shall reset the hearing for twenty-four days from the date of entry of
the order and may order service by publication instead of personal
service under the following circumstances:
(a) The sheriff or municipal officer files an affidavit stating
that the officer was unable to complete personal service upon the
respondent. The affidavit must describe the number and types of
attempts the officer made to complete service;
(b) The petitioner files an affidavit stating that the petitioner
believes that the respondent is hiding from the server to avoid
service. The petitioner's affidavit must state the reasons for the
belief that the ((petitioner [respondent])) respondent is avoiding
service;
(c) The server has deposited a copy of the summons, in
substantially the form prescribed in subsection (3) of this section,
notice of hearing, and the ex parte order of protection in the post
office, directed to the respondent at the respondent's last known
address, unless the server states that the server does not know the
respondent's address; and
(d) The court finds reasonable grounds exist to believe that the
respondent is concealing himself or herself to avoid service, and that
further attempts to personally serve the respondent would be futile or
unduly burdensome.
(2) The court shall reissue the temporary order of protection not
to exceed another twenty-four days from the date of reissuing the ex
parte protection order and order to provide service by publication.
(3) The publication shall be made in a newspaper of general
circulation in the county where the petition was brought and in the
county of the last known address of the respondent once a week for
three consecutive weeks. The newspaper selected must be one of the
three most widely circulated papers in the county. The publication of
summons shall not be made until the court orders service by publication
under this section. Service of the summons shall be considered
complete when the publication has been made for three consecutive
weeks. The summons must be signed by the petitioner. The summons
shall contain the date of the first publication, and shall require the
respondent upon whom service by publication is desired, to appear and
answer the petition on the date set for the hearing. The summons shall
also contain a brief statement of the reason for the petition and a
summary of the provisions under the ex parte order. The summons shall
be essentially in the following form:
Sec. 26 RCW 35.22.110 and 1965 ex.s. c 47 s 10 are each amended
to read as follows:
The authentication of the charter shall be by certificate of the
mayor in substance as follows:
"I . . . . . ., mayor of the city of . . . . . . do hereby certify
that in accordance with the provisions of the Constitution and statutes
of the State of Washington, the city of . . . . . . caused fifteen
freeholders to be elected on the . . . . day of . . . . . . ((19. . .))
(year). . . . to prepare a charter for the city; that due notice of
that election was given in the manner provided by law and that the
following persons were declared elected to prepare and propose a
charter for the city, to wit: . . . . . . . . .
That thereafter on the . . . . day of . . . . . . ((19. . .))
(year). . . . the board of freeholders returned a proposed charter for
the city of . . . . . . signed by the following members thereof:
. . . . . . . . .
That thereafter the proposed charter was published in (Indicate
name of newspaper in which published) for at least once each week for
four weeks next preceding the day of submitting the same to the
electors for their approval. (Indicate dates of publication)
That thereafter on the . . . . day of . . . . . . ((19. . .))
(year). . . . , at an election duly called and held, the proposed
charter was submitted to the qualified electors thereof, and the
returns canvassed resulting as follows: For the proposed charter,
. . . . votes; against the proposed charter, . . . . votes; majority
for the proposed charter, . . . . votes; whereupon the charter was
declared adopted by a majority of the qualified electors voting at the
election.
I further certify that the foregoing is a full, true and complete
copy of the proposed charter so voted upon and adopted as aforesaid.
IN TESTIMONY WHEREOF, I hereunto set my hand and affix the
corporate seal of said city at my office this . . . . day of
. . . . . . ((19. . .)) (year). . . .
Attest:
Sec. 27 RCW 35.58.090 and 1993 c 240 s 3 are each amended to read
as follows:
The election on the formation of the metropolitan municipal
corporation shall be conducted by the auditor of the central county in
accordance with the general election laws of the state and the results
thereof shall be canvassed by the county canvassing board of the
central county, which shall certify the result of the election to the
county legislative authority of the central county, and shall cause a
certified copy of such canvass to be filed in the office of the
secretary of state. Notice of the election shall be published in one
or more newspapers of general circulation in each component county in
the manner provided in the general election laws. No person shall be
entitled to vote at such election unless that person is a qualified
voter under the laws of the state in effect at the time of such
election and has resided within the metropolitan area for at least
thirty days preceding the date of the election. The ballot proposition
shall be in substantially the following form:
Shall a metropolitan municipal corporation be established for the area described in a resolution of the county legislative authority of . . . . . . county adopted on the . . . . day of . . . . . ., ((19. . .)) (year). . . . , to perform the metropolitan functions of . . . . . . (here insert the title of each of the functions to be authorized as set forth in the petition or initial resolution).
Shall the metropolitan municipal corporation, if formed, levy a general tax of twenty-five cents per thousand dollars of assessed value for one year upon all the taxable property within said corporation in excess of the constitutional and/or statutory tax limits for authorized purposes of the corporation?
Sec. 28 RCW 35A.08.120 and 1967 ex.s. c 119 s 35A.08.120 are each
amended to read as follows:
The authentication of the charter shall be by certificate of the
mayor in substance as follows:
"I, . . . . . ., mayor of the city of . . . . . ., do hereby
certify that in accordance with the provisions of the Constitution and
statutes of the state of Washington, the city of . . . . . . caused
fifteen freeholders to be elected on the . . . . . . day of
. . . . . ., ((19. . .)) (year). . . . as a charter commission to
prepare a charter for the city; that due notice of that election was
given in the manner provided by law and that the following persons were
declared elected to prepare and propose a charter for the city, to wit:
. . . . . . . . . . . .
That thereafter on the . . . . day of . . . . . ., ((19. . .))
(year). . . . the charter commission returned a proposed charter for
the city of . . . . . . signed by the following members thereof:
. . . . . .
That thereafter the proposed charter was published in
. . . . . . . . . (indicate name of newspaper in which published), for
at least once each week for four weeks next preceding the day of
submitting the same to the electors for their approval.
(Indicate dates of publication.)
That thereafter on the . . . . day of . . . . . ., ((19. . .))
(year). . . . , at an election duly called and held, the proposed
charter was submitted to the qualified electors thereof, and the
returns canvassed resulting as follows: For the proposed charter
. . . . votes; against the proposed charter, . . . . votes; majority
for the proposed charter, . . . . votes; whereupon the charter was
declared adopted by a majority of the qualified electors voting at the
election.
I further certify that the foregoing is a full, true and complete
copy of the proposed charter so voted upon and adopted as aforesaid.
IN TESTIMONY WHEREOF, I hereunto set my hand and affix the
corporate seal of the said city at my office this . . . . day of
. . . . . ., ((19. . .)) (year). . . .
Sec. 29 RCW 36.24.110 and 2009 c 549 s 4037 are each amended to
read as follows:
The coroner's warrant shall be in substantially the following form:
Sec. 30 RCW 36.60.020 and 1983 c 303 s 9 are each amended to read
as follows:
(1) A county legislative authority proposing to establish a county
rail district, or to modify the boundaries of an existing county rail
district, or to dissolve an existing county rail district, shall
conduct a hearing at the time and place specified in a notice published
at least once, not less than ten days prior to the hearing, in a
newspaper of general circulation within the proposed county rail
district. This notice shall be in addition to any other notice
required by law to be published. Additional notice of the hearing may
be given by mail, posting within the proposed county rail district, or
in any manner the county legislative authority deems necessary to
notify affected persons. All hearings shall be public and the county
legislative authority shall hear objections from any person affected by
the formation, modification of the boundaries, or dissolution of the
county rail district.
(2) Following the hearing held under subsection (1) of this
section, the county legislative authority may adopt a resolution
providing for the submission of a proposal to establish a county rail
district, modify the boundaries of an existing county rail district, or
dissolve an existing county rail district, if the county legislative
authority finds the proposal to be in the public interest. The
resolution shall contain the boundaries of the district if applicable.
A proposition to create a county rail district, modify the
boundaries of an existing county rail district, or dissolve an existing
rail district shall be submitted to the affected voters at the next
general election held sixty or more days after the adoption of the
resolution providing for the submittal by the county legislative
authority. The resolution shall establish the boundaries of the
district and include a finding that the creation of the district is in
the public interest and that the area included within the district can
reasonably be expected to benefit from its creation. No portion of a
city may be included in such a district unless the entire city is
included.
The district shall be created upon approval of the proposition by
simple majority vote. The ballot proposition submitted to the voters
shall be in substantially the following form:
Yes. . . . . . . .
No . . . . . . . .
Sec. 31 RCW 36.68.470 and 1981 c 210 s 6 are each amended to read
as follows:
(1) Upon making findings under the provisions of RCW 36.68.460, the
county legislative authority shall, by resolution, order an election of
the voters of the proposed park and recreation service area to
determine if the service area shall be formed. The county legislative
authority shall in their resolution direct the county auditor to set
the election to be held at the next general election or at a special
election held for such purpose; describe the purposes of the proposed
service area; set forth the estimated cost of any initial improvements
or services to be financed by the service area should it be formed;
describe the method of financing the initial improvements or services
described in the resolution or petition; and order that notice of
election be published in a newspaper of general circulation in the
county at least twice prior to the election date.
(2) A proposition to form a park and recreation service area shall
be submitted to the voters of the proposed service area. Upon approval
by a majority of the voters voting on the proposition, a park and
recreation service area shall be established. The proposition
submitted to the voters by the county auditor on the ballot shall be in
substantially the following form:
Sec. 32 RCW 41.50.590 and 1991 c 365 s 8 are each amended to read
as follows:
The mandatory benefits assignment order shall be in the following
form:
Sec. 33 RCW 43.20B.040 and 1990 c 100 s 3 are each amended to
read as follows:
The form of the lien in RCW 43.20B.060 shall be substantially as
follows:
| STATE OF WASHINGTON, DEPARTMENT | ||||
| OF SOCIAL AND HEALTH SERVICES | ||||
| By: . . . . . . . . . . . . (Title) | ||||
| STATE OF WASHINGTON | | > | | | |||
| ss. | ||||
| COUNTY OF | ||||
| I, . . . . . ., being first duly sworn, on oath state: That I
am . . . . . . (title); that I have read the foregoing Statement
of Lien, know the contents thereof, and believe the same to
be true. | ||||
| . . . . . . . . . . . . | ||||
| Signed and sworn to or affirmed before me this . . . .
day of . . . . . ., (( | ||||
| by . . . . . . . . . . . . | ||||
| (name of person making statement). | ||||
| (Seal or stamp) | ||||
| . . . . . . . . . . . . | ||||
| Notary Public in and for the State | ||||
| of Washington | ||||
| My appointment expires: . . . . . . . . . . . . | ||||
Sec. 34 RCW 58.09.080 and 1973 c 50 s 8 are each amended to read
as follows:
Certificates shall appear on the record of survey map as follows:
Sec. 35 RCW 60.08.020 and 2012 c 117 s 131 are each amended to
read as follows:
In order to make such lien effectual, the lien claimant shall,
within ninety days from the date of delivery of such chattel to the
owner, file in the office of the auditor of the county in which such
chattel is kept, a lien notice, which notice shall state the name of
the claimant, the name of the owner, a description of the chattel upon
which the claimant has performed labor or furnished material, the
amount for which a lien is claimed, and the date upon which such
expenditure of labor or material was completed, which notice shall be
signed by the claimant or someone on his or her behalf, and may be in
substantially the following form:
Sec. 36 RCW 61.12.020 and 1929 c 33 s 12 are each amended to read
as follows:
Mortgages of land may be made in substantially the following form:
The mortgagor (here insert name or names) mortgages to (here insert
name or names) to secure the payment of (here insert the nature and
amount of indebtedness, showing when due, rate of interest, and whether
evidenced by note, bond or other instrument or not) the following
described real estate (here insert description) situated in the county
of . . . . . ., state of Washington.
Dated this . . . . day of . . . . . ., ((19. . .)) (year). . . .
Every such mortgage, when otherwise properly executed, shall be deemed
and held a good and sufficient conveyance and mortgage to secure the
payment of the money therein specified. The parties may insert in such
mortgage any lawful agreement or condition.
Sec. 37 RCW 64.04.030 and 2012 c 117 s 186 are each amended to
read as follows:
Warranty deeds for the conveyance of land may be substantially in
the following form, without express covenants:
The grantor (here insert the name or names and place or residence)
for and in consideration of (here insert consideration) in hand paid,
conveys and warrants to (here insert the grantee's name or names) the
following described real estate (here insert description), situated in
the county of . . . . . ., state of Washington. Dated this . . . . day
of . . . . . ., ((19. . .)) (year). . . .
Every deed in substance in the above form, when otherwise duly
executed, shall be deemed and held a conveyance in fee simple to the
grantee, his or her heirs and assigns, with covenants on the part of
the grantor: (1) That at the time of the making and delivery of such
deed he or she was lawfully seized of an indefeasible estate in fee
simple, in and to the premises therein described, and had good right
and full power to convey the same; (2) that the same were then free
from all encumbrances; and (3) that he or she warrants to the grantee,
his or her heirs and assigns, the quiet and peaceable possession of
such premises, and will defend the title thereto against all persons
who may lawfully claim the same, and such covenants shall be obligatory
upon any grantor, his or her heirs and personal representatives, as
fully and with like effect as if written at full length in such deed.
Sec. 38 RCW 64.04.040 and 2012 c 117 s 187 are each amended to
read as follows:
Bargain and sale deeds for the conveyance of land may be
substantially in the following form, without express covenants:
The grantor (here insert name or names and place of residence), for
and in consideration of (here insert consideration) in hand paid,
bargains, sells, and conveys to (here insert the grantee's name or
names) the following described real estate (here insert description)
situated in the county of . . . . . ., state of Washington. Dated this
. . . . day of . . . . . ., ((19. . .)) (year). . . .
Every deed in substance in the above form when otherwise duly executed,
shall convey to the grantee, his or her heirs or assigns an estate of
inheritance in fee simple, and shall be adjudged an express covenant to
the grantee, his or her heirs or assigns, to wit: That the grantor was
seized of an indefeasible estate in fee simple, free from encumbrances,
done or suffered from the grantor, except the rents and services that
may be reserved, and also for quiet enjoyment against the grantor, his
or her heirs and assigns, unless limited by express words contained in
such deed; and the grantee, his or her heirs, executors,
administrators, and assigns may recover in any action for breaches as
if such covenants were expressly inserted.
Sec. 39 RCW 64.04.050 and 2012 c 117 s 188 are each amended to
read as follows:
Quitclaim deeds may be in substance in the following form:
The grantor (here insert the name or names and place of residence),
for and in consideration of (here insert consideration) conveys and
quitclaims to (here insert grantee's name or names) all interest in the
following described real estate (here insert description), situated in
the county of . . . . . ., state of Washington. Dated this . . . . day
of . . . . . ., ((19. . .)) (year). . . .
Every deed in substance in the above form, when otherwise duly
executed, shall be deemed and held a good and sufficient conveyance,
release and quitclaim to the grantee, his or her heirs and assigns in
fee of all the then existing legal and equitable rights of the grantor
in the premises therein described, but shall not extend to the after
acquired title unless words are added expressing such intention.
Sec. 40 RCW 64.08.060 and 1988 c 69 s 2 are each amended to read
as follows:
A certificate of acknowledgment for an individual, substantially in
the following form or, after December 31, 1985, substantially in the
form set forth in RCW 42.44.100(1), shall be sufficient for the
purposes of this chapter and for any acknowledgment required to be
taken in accordance with this chapter:
Sec. 41 RCW 64.08.070 and 2012 c 117 s 191 are each amended to
read as follows:
A certificate of acknowledgment for a corporation, substantially in
the following form or, after December 31, 1985, substantially in the
form set forth in RCW 42.44.100(2), shall be sufficient for the
purposes of this chapter and for any acknowledgment required to be
taken in accordance with this chapter:
Sec. 42 RCW 65.12.035 and 2009 c 521 s 145 are each amended to
read as follows:
The form of application may, with appropriate changes, be
substantially as follows:
Sec. 43 RCW 65.12.125 and 1907 c 250 s 206 are each amended to
read as follows:
The summons provided for in RCW 65.12.135 shall be in substance in
the form following, to wit:
Sec. 44 RCW 65.12.230 and 1917 c 62 s 3 are each amended to read
as follows:
The owner or owners of registered lands, desiring to withdraw the
same from registration, shall make and file with the registrar of
titles in the county in which said lands are situated, an application
in substantially the following form:
Sec. 45 RCW 65.12.235 and 2012 c 117 s 227 are each amended to
read as follows:
Upon the filing of such application and the payment of a fee of
five dollars, the registrar of titles, if it shall appear that the
application is signed and acknowledged by all the registered owners of
said land, shall issue to the applicant a certificate in substantially
the following form:
Sec. 46 RCW 65.12.255 and 2012 c 117 s 229 are each amended to
read as follows:
The certificate of registration shall contain the name of the
owner, a description of the land and of the estate of the owner, and
shall by memorial or notation contain a description of all
incumbrances, liens, and interests to which the estate of the owner is
subject; it shall state the residence of the owner and, if a minor,
give his or her age; if under disability, it shall state the nature of
the disability; it shall state whether married or not, and, if married,
the name of the husband or wife; in case of a trust, condition or
limitation, it shall state the trust, condition, or limitation, as the
case may be; and shall contain and conform in respect to all statements
to the certified copy of the decree of registration filed with the
registrar of titles as hereinbefore provided; and shall be in form
substantially as follows:
Sec. 47 RCW 65.12.270 and 1907 c 250 s 38 are each amended to
read as follows:
All certificates subsequent to the first shall be in like form,
except that they shall be entitled: "Transfer from No. . . . .", (the
number of the next previous certificate relating to the same land), and
shall also contain the words "Originally registered on the . . . . day
of . . . . . ., ((19. . .)) (year). . . . , and entered in the book
. . . . . . at page . . . . of register."
Sec. 48 RCW 67.38.030 and 1982 1st ex.s. c 22 s 3 are each
amended to read as follows:
(1) The process to create a cultural arts, stadium and convention
district may be initiated by:
(a) The adoption of a resolution by the county legislative
authority calling for a public hearing on the proposed creation of such
a district and delineating proposed boundaries of the district; or
(b) The governing bodies of two or more cities located within the
same county adopting resolutions calling for a public hearing on the
proposed creation of such a district and delineating proposed
boundaries of such a district: PROVIDED, That this method may not be
used more frequently than once in any twelve month period in the same
county; or
(c) The filing of a petition with the county legislative authority,
calling for a public hearing on the proposed creation of such a
district and delineating proposed boundaries of the district, that is
signed by at least ten percent of the registered voters residing in the
proposed district at the last general election. Such signatures will
be certified by the county auditor or the county elections department.
(2) Within sixty days of the adoption of such resolutions, or
presentation of such a petition, the county legislative authority shall
hold a public hearing on the proposed creation of such a district.
Notice of the hearing shall be published at least once a week for three
consecutive weeks in one or more newspapers of general circulation
within the proposed boundaries of the district. The notice shall
include a general description and map of the proposed boundaries.
Additional notice shall also be mailed to the governing body of each
city and municipality located all or partially within the proposed
district. At such hearing, or any continuation thereof, any interested
party may appear and be heard on the formation of the proposed
district.
The county legislative authority shall delete the area included
within the boundaries of a city from the proposed district if prior to
the public hearing the city submits to the county legislative authority
a copy of an adopted resolution requesting its deletion from the
proposed district. The county legislative authority may delete any
other areas from the proposed boundaries. Additional territory may be
included within the proposed boundaries, but only if such inclusion is
subject to a subsequent hearing, with notice provided in the same
manner as for the original hearing.
(3) A proposition to create a cultural arts, stadium and convention
district shall be submitted to the voters of the proposed district
within two years of the adoption of a resolution providing for such
submittal by the county legislative authority at the conclusion of such
hearings. The resolution shall establish the boundaries of the
district and include a finding that the creation of the district is in
the public interest and that the area included within the district can
reasonably be expected to benefit from its creation. No portion of a
city may be included in such a district unless the entire city is
included. The boundaries of such a district shall follow school
district or community college boundaries in as far as practicable.
(4) The proposition to create a cultural arts, stadium and
convention district shall be submitted to the voters of the proposed
district at the next general election held sixty or more days after the
adoption of the resolution. The district shall be created upon
approval of the proposition by simple majority vote. The ballot
proposition submitted to the voters shall be in substantially the
following form:
Yes. . . . . . . .
No . . . . . . . .
Sec. 49 RCW 84.40.320 and 1988 c 222 s 18 are each amended to
read as follows:
The assessor shall add up and note the amount of each column in the
detail and assessment lists in such manner as prescribed or approved by
the state department of revenue, as will provide a convenient and
permanent record of assessment. The assessor shall also make, under
proper headings, a certification of the assessment rolls and on the
15th day of July shall file the same with the clerk of the county board
of equalization for the purpose of equalization by the said board.
Such certificate shall be verified by an affidavit, substantially in
the following form:
State of Washington, . . . . . . County, ss.
I, . . . . . ., Assessor . . . . . ., do solemnly swear that the
assessment rolls and this certificate contain a correct and full list
of all the real and personal property subject to taxation in this
county for the assessment year ((19. . .)) (year). . . . , so far as I
have been able to ascertain the same; and that the assessed value set
down in the proper column, opposite the several kinds and descriptions
of property, is in each case, except as otherwise provided by law, one
hundred percent of the true and fair value of such property, to the
best of my knowledge and belief, and that the assessment rolls and this
certificate are correct, as I verily believe.
. . . . . . . . . . , Assessor.
Subscribed and sworn to before me this . . . . day of . . . . . .,
((19. . .)) (year). . . .
(L. S.) . . . . . ., Auditor of . . . . . . county.
PROVIDED, That the failure of the assessor to complete the certificate
shall in nowise invalidate the assessment. After the same has been
duly equalized by the county board of equalization, the same shall be
delivered to the county assessor.
Sec. 50 RCW 85.28.060 and 2013 c 23 s 442 are each amended to
read as follows:
Upon the filing of the report of the viewers aforesaid, a summons
shall be issued in the same manner as summons are issued in civil
actions, and served upon each person owning or interested in any lands
over which the proposed ditch or drain will pass. Said summons must
inform the person to whom it is directed of the appointment and report
of the viewers; a description of the land over which said ditch will
pass of which such person is the owner, or in which he or she has an
interest; the width and depth of said proposed ditch, and the distance
which it traverses said land, also an accurate description of the
course thereof. It must also show the amount of damages to said land
as estimated by said viewers; and that unless the person so summoned
appears and files objections to the report of the viewers, within
twenty days after the service of said summons upon him or her,
exclusive of the day of service, the same will be approved by the
court, which summons may be in the following form:
In the Superior Court of the State of Washington, for . . . . . .
County.
In the matter of the application of . . . . . . for a private
ditch.
The state of Washington to . . . . . .
Whereas, on the . . . . day of . . . . . . ((19. . .))
(year) . . . . filed his or her petition in the above entitled court
praying that a private ditch or drain be established across the
following described lands, to wit: . . . . . . . . . . . .
. . . . . . . . . . . .
for the purpose of draining certain lands belonging to said
. . . . . ., and whereas, on the . . . . day of . . . . . .,
((19. . .)) (year) . . . ., Messrs. . . . . . . and . . . . . . with
. . . . . . county surveyor of . . . . . . county, were appointed to
view said premises in the manner provided by law, and said viewers
having, on the . . . . day of . . . . . ., ((19. . .)) (year) . . .,
filed their report in this court, finding in favor of said ditch and
locating the same upon the following course: . . . . . . . . . . . for
a distance of . . . . . . upon said land, and of a width of . . . .
feet and a depth of . . . . feet; and they further find that said land
will be damaged by the establishing and construction of said ditch in
the sum of $. . . .: Now therefore, you are hereby summoned to appear
within twenty days after the service of this summons, exclusive of the
day of service, and file your objections to said petition and the
report of said viewers, with this court; and in case of your failure so
to do, said report will be approved and said petition granted.
Sec. 51 RCW 88.32.070 and 1985 c 469 s 95 are each amended to
read as follows:
After the return of the assessment roll to the county legislative
authority it shall make an order setting a day for the hearing upon any
objections to the assessment roll by any parties affected thereby who
shall be heard by the county legislative authority as a board of
equalization, which date shall be at least twenty days after the filing
of such roll. It shall be the duty of the county legislative authority
to give, or cause to be given, notice of such assessment, and of the
day fixed for the hearing, as follows:
(1) They shall send or cause to be sent, by mail, to each owner of
premises assessed, whose name and place of residence is known to them,
a notice, substantially in this form, to wit:
" . . . . . . . . . . . .
"Your property (here describe the property) is assessed
$. . . . . . for river and harbor improvement to be made in this
county.
"Hearing on the assessment roll will be had before the undersigned,
at the office of the county commissioners, on the . . . . day of
. . . . . . ((19. . .)) (year). . . .
Sec. 52 RCW 88.32.140 and 2013 c 23 s 541 are each amended to
read as follows:
(1) In all cases, the county, as the agent of the local improvement
district, shall, by resolution of its county legislative authority,
cause to be issued in the name of the county, the bonds for such local
improvement district for the whole estimated cost of such improvement,
less such amounts as shall have been paid within the thirty days
provided for redemption, as hereinabove specified. Such bonds shall be
called "Local Improvement Bonds, District No. . . . ., County of
. . . . . ., State of Washington", and shall be payable not more than
ten years after date, and shall be subject to annual call by the county
treasurer, in such manner and amounts as he or she may have cash on
hand to pay the same in the respective local improvement fund from
which such bonds are payable, interest to be paid at the office of the
county treasurer. Such bonds shall be issued and delivered to the
contractor for the work from month to month in such amounts as the
engineer of the government, in charge of the improvement, shall certify
to be due on account of work performed, or, if said county legislative
authority resolves so to do, such bonds may be offered for sale after
thirty days public notice thereof given, to be delivered to the highest
bidder therefor, but in no case shall such bonds be sold for less than
par, the proceeds to be applied in payment for such improvement:
PROVIDED, That unless the contractor for the work shall agree to take
such bonds in payment for his or her work at par, such work shall not
be begun until the bonds shall have been sold and the proceeds shall
have been paid into a fund to be called "Local Improvement Fund No.
. . . ., County of . . . . . .", and the owner or owners of such bonds
shall look only to such fund for the payment of either the principal or
interest of such bonds.
Such bonds shall be issued in denominations of one hundred dollars
each, and shall be substantially in the following form:
"Local Improvement Bond, District Number . . . . of the County of
. . . . . ., State of Washington.
Sec. 53 RCW 91.08.380 and 1911 c 23 s 36 are each amended to read
as follows:
The treasurer receiving such certified copy of the assessment roll
and judgment shall immediately give notice thereof by publishing such
notice at least once in the official newspaper or newspapers of such
county, if such newspaper or newspapers there be; and if there be no
such official newspaper, then by publishing such notice in some
newspaper of general circulation in the county. Such notice may be in
substantially the following form:
HB 1064 -
By Committee on Law & Justice
On page 1, line 1 of the title, after "designations;" strike the remainder of the title and insert "and amending RCW 6.21.040, 6.23.030, 6.27.100, 6.27.105, 6.27.265, 6.27.340, 6.27.370, 9.96.020, 10.14.085, 10.37.040, 11.28.090, 11.28.140, 11.68.110, 11.88.127, 11.88.140, 11.96A.250, 11.98.005, 12.04.020, 12.04.030, 12.04.100, 12.04.201, 12.04.203, 12.04.204, 12.04.205, 12.04.206, 12.04.207, 12.40.110, 17.28.090, 18.44.251, 19.120.040, 26.04.090, 26.18.100, 26.50.085, 35.22.110, 35.58.090, 35A.08.120, 36.24.110, 36.60.020, 36.68.470, 41.50.590, 43.20B.040, 58.09.080, 59.18.257, 59.18.575, 60.08.020, 61.12.020, 61.24.045, 62A.3-522, 62A.3-540, 64.04.030, 64.04.040, 64.04.050, 64.08.060, 64.08.070, 65.12.035, 65.12.125, 65.12.230, 65.12.235, 65.12.255, 65.12.270, 67.38.030, 84.40.320, 84.52.080, 85.28.060, 88.32.070, 88.32.140, and 91.08.380."