reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.24 - Insect Pests and Plant Diseases. › 17.24.061 - Protection of privileged or confidential information—Procedure—Notice—Declaratory judgment.

RCW 17.24.061
Protection of privileged or confidential information—Procedure—Notice—Declaratory judgment.
(1) In submitting data required by this chapter, the applicant may: (a) Mark clearly portions of data which in his or her opinion are trade secrets or commercial or financial information; and (b) submit the marked material separately from other material required to be submitted under this chapter.
(2) Notwithstanding any other provision of this chapter or other law, the director shall not make information submitted by an applicant or registrant under this chapter available to the public if, in the judgment of the director, the information is privileged or confidential because it contains or relates to trade secrets or commercial or financial information. Where necessary to carry out the provisions of this chapter, information relating to unpublished formulas of products acquired by authorization of this chapter may be revealed to any state or federal agency consulted and may be revealed at a public hearing or in findings of fact issued by the director.
(3) If the director proposes to release for inspection or to reveal at a public hearing or in findings of fact issued by the director, information that the applicant or registrant believes to be protected from disclosure under subsection (2) of this section, he or she shall notify the applicant or registrant in writing, by certified mail. The director may not make this data available for inspection nor reveal the information at a public hearing or in findings of fact issued by the director until thirty days after receipt of the notice by the applicant or registrant. During this period, the applicant or registrant may withdraw the application or may institute an action in the superior court of Thurston county for a declaratory judgment as to whether the information is subject to protection under subsection (2) of this section.
[ 1991 c 257 § 10.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.24 - Insect Pests and Plant Diseases. › 17.24.071 - Compliance agreements.

RCW 17.24.071
Compliance agreements.
The director may enter into compliance agreements with a person engaged in growing, handling, or moving articles, bees, plants, or plant products regulated under this chapter.
[ 1991 c 257 § 11.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.24 - Insect Pests and Plant Diseases. › 17.24.081 - Prohibited acts.

RCW 17.24.081
Prohibited acts.
It shall be unlawful for a person to:
(1) Sell, offer for sale, or distribute a noxious weed or a plant or plant product or regulated article infested or infected with a plant pest declared by rule to be a threat to the state's forest, agricultural, horticultural, floricultural, or beekeeping industries or environment;
(2) Knowingly receive a noxious weed, or a plant, plant product, bees, bee hive or appliances, or regulated article sold, given away, carried, shipped, or delivered for carriage or shipment within this state, in violation of the provisions of this chapter or the rules adopted under this chapter;
(3) Fail to immediately notify the department and isolate and hold the noxious weed, bees, bee hives or appliances, plants or plant products, or other thing unopened or unused subject to inspection or other disposition as may be provided by the department, where the item has been received without knowledge of the violation and the receiver has become subsequently aware of the potential problem;
(4) Knowingly conceal or willfully withhold available information regarding an infected or infested plant, plant product, regulated article, or noxious weed;
(5) Introduce or move into this state, or to move or dispose of in this state, a plant, plant product, or other item included in a quarantine, except under rules as may be prescribed by the department, after a quarantine order has been adopted under this chapter against a place, nursery, orchard, vineyard, apiary, other agricultural establishment, county of this state, another state, territory, or a foreign country as to a plant pest, bee pest, or noxious weed or genetically engineered plant or plant pest organism, until such quarantine is removed;
(6) Introduce or move nonnative managed bumble bees into this state to be used in open-field agricultural use.
[ 2021 c 278 § 5; 1991 c 257 § 12.]
NOTES:
Purpose—Intent—2021 c 278: See note following RCW 43.23.320.
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.24 - Insect Pests and Plant Diseases. › 17.24.091 - Impound and disposition.

RCW 17.24.091
Impound and disposition.
(1) If upon inspection, the director finds that an inspected plant or plant product or bees are infected or infested or that a regulated article is being held or transported in violation of a rule or quarantine of the department, the director shall notify the owner that a violation of this chapter exists. The director may impound or order the impounding of the infected or infested or regulated article in such a manner as may be necessary to prevent the threat of infestation. The notice shall be in writing and sent by certified mail or personal service identifying the impounded article and giving notice that the articles will be treated, returned to the shipper or to a quarantined area, or destroyed in a manner as to prevent infestation. The impounded article shall not be destroyed unless the director determines that (a) no effective treatment can be carried out; and (b) the impounded article cannot be returned to the shipper or shipped back to a quarantine area without threat of infestation to this state; and (c) mere possession by the owner constitutes an emergency.
(2) Before taking action to treat, return, or destroy the impounded article, the director shall notify the owner of the owner's right to a hearing before the director under chapter 34.05 RCW. Within ten days after the notice has been given the owner may request a hearing. The request must be in writing.
(3) The cost to impound articles along with the cost, if any, to treat, return, or destroy the articles shall be at the owner's expense. The owner is not entitled to compensation for infested or infected articles destroyed by the department under this section.
[ 1991 c 257 § 13.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.24 - Insect Pests and Plant Diseases. › 17.24.100 - Penalties—Second and subsequent offenses.

RCW 17.24.100
Penalties—Second and subsequent offenses.
(1) Except as provided in subsection (2) of this section, every person who violates or fails to comply with any rule or regulation adopted and promulgated by the director of agriculture in accordance with and under the provision of this chapter is guilty of a misdemeanor.
(2) A second and each subsequent violation or failure to comply with the provisions of this chapter or rule or regulation adopted hereunder is a gross misdemeanor.
[ 2003 c 53 § 119; 1981 c 296 § 26; 1927 c 292 § 7; RRS § 2786. Prior: 1921 c 105 § 7.]
NOTES:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.
Severability—1981 c 296: See note following RCW 15.08.010.
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.24 - Insect Pests and Plant Diseases. › 17.24.101 - Statewide survey and control activity.

RCW 17.24.101
Statewide survey and control activity.
If there is reason to believe that a plant or bee pest may adversely impact the forestry, agricultural, horticultural, floricultural, or related industries of the state; or may cause harm to the environment of the state; or such information is needed to facilitate or allow the movement of forestry, agricultural, horticultural, or related products to out-of-state, foreign and domestic markets, the director may conduct, or cause to be conducted, surveys to determine the presence, absence, or distribution of a pest.
The director may take such measures as may be required to control or eradicate such pests where such measures are determined to be in the public interest, are technically feasible, and for which funds are appropriated or provided through cooperative agreements.
[ 1991 c 257 § 14.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.24 - Insect Pests and Plant Diseases. › 17.24.111 - Director's cooperation with other agencies.

RCW 17.24.111
Director's cooperation with other agencies.
The director may enter into cooperative arrangements with a person, municipality, county, Washington State University or any of its experiment stations, or other agencies of this state, and with boards, officers, and authorities of other states and the United States, including the United States department of agriculture, for the inspection of bees, plants and plant parts and products and the control or eradication of plant pests, bee pests, or noxious weeds and to carry out other provisions of this chapter.
[ 1991 c 257 § 15.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.24 - Insect Pests and Plant Diseases. › 17.24.121 - Acquisition of lands, water supply, or other properties for quarantine locations.

RCW 17.24.121
Acquisition of lands, water supply, or other properties for quarantine locations.
The director may acquire, in fee or in trust, by gift, or whenever funds are appropriated for such purposes, by purchase, easement, lease, or condemnation, lands or other property, water supplies, as may be deemed necessary for use by the department for establishing quarantine stations for the purpose of the isolation, prevention, eradication, elimination, and control of insect pests or plant pathogens that affect the agricultural or horticultural products of the state; for the propagation of biological control agents; or the isolation of genetically engineered plants or plant pests; or the isolation of bee pests.
[ 1991 c 257 § 16.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.24 - Insect Pests and Plant Diseases. › 17.24.131 - Requested inspections—Fee for service—Disbursements in lieu of fee.

RCW 17.24.131
Requested inspections—Fee for service—Disbursements in lieu of fee.
To facilitate the movement or sale of forest, agricultural, floricultural, horticultural and related products, or bees and related products, the director may provide, if requested by farmers, growers, or other interested persons, special inspections, pest identifications, plant identifications, plant diagnostic services, pest control activities, other special certifications and activities not otherwise authorized by statute and prescribe a fee for that service. The fee shall, as closely as practical, cover the cost of the service rendered, including the salaries and expenses of the personnel involved. Moneys collected shall be deposited in the plant pest account, which is hereby created within the agricultural local fund. No appropriation is required for disbursement from the plant pest account to provide the services authorized by this section. In lieu of a fee, assessments and other funds deposited in the plant pest account may be disbursed to provide the services authorized by this section.
[ 1997 c 227 § 2; 1991 c 257 § 17.]
NOTES:
Effective date—1997 c 227: "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 26, 1997]." [ 1997 c 227 § 3.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.24 - Insect Pests and Plant Diseases. › 17.24.141 - Penalties—Criminal and civil penalty.

RCW 17.24.141
Penalties—Criminal and civil penalty.
Whenever the director finds that a person has committed a violation of any of the provisions of this chapter, and that violation has not been punished pursuant to RCW 17.24.100, the director may impose upon and collect from the violator a civil penalty not exceeding five thousand dollars per violation. Each violation shall be a separate and distinct offense. A person who knowingly, through an act of commission or omission, procures or aids or abets in the violation shall be considered to have violated this section and may be subject to the civil penalty.
[ 1991 c 257 § 18.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.24 - Insect Pests and Plant Diseases. › 17.24.151 - Violations—Costs of control.

RCW 17.24.151
Violations—Costs of control.
A person who, through a knowing and willful violation of a quarantine established under this chapter, causes an infestation to become established, may be required to pay the costs of public control or eradication measures caused as a result of that violation.
[ 1991 c 257 § 19.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.24 - Insect Pests and Plant Diseases. › 17.24.161 - Funds for technical and scientific services.

RCW 17.24.161
Funds for technical and scientific services.
The director may, at the director's discretion, provide funds for technical or scientific services, labor, materials and supplies, and biological control agents for the control of plant pests, bee pests, and noxious weeds.
[ 1991 c 257 § 20.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.24 - Insect Pests and Plant Diseases. › 17.24.171 - Determination of imminent danger of infestation of plant pests or plant diseases—Emergency measures—Conditions—Procedures.

RCW 17.24.171
Determination of imminent danger of infestation of plant pests or plant diseases—Emergency measures—Conditions—Procedures.
(1) If the director determines that there exists an imminent danger of an infestation of plant pests or plant diseases that seriously endangers the agricultural or horticultural industries of the state, or that seriously threatens life, health, economic well-being, or the environment, the director shall request the governor to order emergency measures to control the pests or plant diseases under RCW 43.06.010(13). The director's findings shall contain an evaluation of the affect of the emergency measures on public health.
(2) If an emergency is declared pursuant to RCW 43.06.010(13), the director may appoint a committee to advise the governor through the director and to review emergency measures necessary under the authority of RCW 43.06.010(13) and this section and make subsequent recommendations to the governor. The committee shall include representatives of the agricultural industries, state and local government, public health interests, technical service providers, and environmental organizations.
(3) Upon the order of the governor of the use of emergency measures, the director is authorized to implement the emergency measures to prevent, control, or eradicate plant pests or plant diseases that are the subject of the emergency order. Such measures, after thorough evaluation of all other alternatives, may include the aerial application of pesticides.
(4) Upon the order of the governor of the use of emergency measures, the director is authorized to enter into agreements with individuals, companies, or agencies, to accomplish the prevention, control, or eradication of plant pests or plant diseases, notwithstanding the provisions of chapter 15.58 or 17.21 RCW, or any other statute.
(5) The director shall continually evaluate the emergency measures taken and report to the governor at intervals of not less than ten days. The director shall immediately advise the governor if he or she finds that the emergency no longer exists or if certain emergency measures should be discontinued.
[ 2003 c 314 § 6; 1991 c 257 § 21.]
NOTES:
Findings—2003 c 314: See note following RCW 17.24.220.
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.24 - Insect Pests and Plant Diseases. › 17.24.210 - Indemnity contracts for damages resulting from prevention, control, or eradication measures—Authorized—Conditions.

RCW 17.24.210
Indemnity contracts for damages resulting from prevention, control, or eradication measures—Authorized—Conditions.
The director of agriculture may, on the behalf of the state of Washington, enter into indemnity contracts wherein the state of Washington agrees to repay any person, firm, corporation, or other entity acting under the direction or control of the proper authority to provide plant pest or plant disease prevention, control, or eradication measures as provided in this chapter or any rule adopted pursuant to the provisions of this chapter, for losses and damages incurred as a result of such prevention, control, or eradication measures if all of the following conditions occur:
(1) At the time of the incident the worker is performing services as an emergency measures worker and is acting within the course of his or her duties as an emergency measures worker;
(2) At the time of the injury, loss, or damage, the organization providing emergency measures by which the worker is employed is an approved organization for providing emergency measures;
(3) The injury, loss, or damage is proximately caused by his or her service either with or without negligence as an emergency measures worker;
(4) The injury, loss, or damage is not caused by the intoxication of the worker; and
(5) The injury, loss, or damage is not due to willful misconduct or gross negligence on the part of a worker.
Where an act or omission by an emergency services provider in the course of providing emergency services injures a person or property, the provider and the state may be jointly and severally liable for the injury, if state liability is proved under existing or hereafter enacted law.
[ 2011 c 336 § 461; 2011 c 103 § 43; 1982 c 153 § 3.]
NOTES:
Reviser's note: This section was amended by 2011 c 103 § 43 and by 2011 c 336 § 461, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Purpose—2011 c 103: See note following RCW 15.26.120.
Severability—1982 c 153: "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." [ 1982 c 153 § 5.]
Effective date—1982 c 153: "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 shall take effect April 1, 1982." [ 1982 c 153 § 7.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.24 - Insect Pests and Plant Diseases. › 17.24.220 - Sudden oak death syndrome—Coordinated response effort.

RCW 17.24.220
Sudden oak death syndrome—Coordinated response effort.
The department and the department of natural resources shall coordinate their sudden oak death syndrome response efforts with other plant pest agencies and private organizations to exchange information, monitor the confirmed incidences of the disease, and take action as appropriate under existing plant pest control authorities to prevent the introduction of the disease into Washington and to control or eradicate the disease if it is determined to be present in the state.
[ 2003 c 314 § 8.]
NOTES:
Findings—2003 c 314: "The legislature finds that since 1995 large numbers of oak and tanoak trees have been dying in the coastal counties of California. The legislature also finds that the disease causing the tree loss, which is commonly referred to as sudden oak death syndrome, has, as of July 27, 2003, been confirmed in twelve California counties, and one Oregon county. The legislature also finds that in addition to affecting several species of oak, this disease has been confirmed to affect several plant species common in Washington's forests, including Douglas Fir, big leaf maple, huckleberry, rhododendron, madrone, and manzanita. The legislature recognizes that the state of California and the United States department of agriculture have adopted restrictions on the movement of articles that may host the disease, and the state of Oregon and the Canadian government have adopted restrictions on the importation of potential host articles. The legislature finds that an introduction of sudden oak death syndrome into Washington could cause potential damage to the state's forest health, leading to both economic and ecological losses." [ 2003 c 314 § 7.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.26 - Control of Spartina and Purple Loosestrife. › 17.26.006 - Findings—Purpose.

RCW 17.26.006
Findings—Purpose.
This state is facing an environmental disaster that will affect other states as well as other nations. The legislature finds that six years is sufficient time for state agencies to debate solutions to the spartina and purple loosestrife problems that are occurring in state waters. One of the purposes of chapter 255, Laws of 1995 is to focus agency action on control and future eradication of spartina and purple loosestrife. It is the mandate of the legislature that one state agency, the department of agriculture, be responsible for a unified effort to eliminate spartina and control purple loosestrife, with the advice of the state noxious weed control board, and that state agency shall be directly accountable to the legislature on the progress of the spartina eradication and purple loosestrife control program.
[ 1995 c 255 § 2.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.26 - Control of Spartina and Purple Loosestrife. › 17.26.007 - Findings—Application to appropriations.

RCW 17.26.007
Findings—Application to appropriations.
This section applies to appropriations made to the department of agriculture specifically for the removal or control of spartina or purple loosestrife or both plants. The legislature finds that: The presence of spartina or purple loosestrife on private lands threatens wildlife habitat and provides a source of renewed infestation for public lands; and effective eradication or control of spartina or purple loosestrife requires concerted efforts on both public and private lands to protect public resources. The department of agriculture may grant funds to other state agencies, local governments, and nonprofit corporations for eradication or control purposes and may use those moneys itself. The department of agriculture may match private funds for eradication or control programs on private property on a fifty-fifty matching basis. The accounting and supervision of the funds at the local level shall be conducted by the department of agriculture.
[ 1995 c 255 § 11.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.26 - Control of Spartina and Purple Loosestrife. › 17.26.010 - Restriction on state agencies and local governments.

RCW 17.26.010
Restriction on state agencies and local governments.
State agencies and local governments may not use any other local, state, or federal permitting requirement, regulatory authority, or legal mechanism to override the legislative intent and statutory mandates of chapter 255, Laws of 1995.
[ 1995 c 255 § 8.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.26 - Control of Spartina and Purple Loosestrife. › 17.26.011 - Spartina removal includes restoration—Study.

RCW 17.26.011
Spartina removal includes restoration—Study.
Spartina removal shall include restoration to return intertidal land and other infested lands to the condition found on adjacent unaffected lands in the same tidal elevation. The department of fish and wildlife, the department of ecology, the department of agriculture, and the department of natural resources shall develop a restoration plan in cooperation with owners of spartina infested lands and shall submit the plan to the appropriate standing committees of the house of representatives and the senate by December 31, 1995.
[ 1995 c 255 § 9.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.26 - Control of Spartina and Purple Loosestrife. › 17.26.015 - Lead agency—Responsibilities.

RCW 17.26.015
Lead agency—Responsibilities.
(1) The state department of agriculture is the lead agency for the control of spartina and purple loosestrife with the advice of the state noxious weed control board.
(2) Responsibilities of the lead agency include:
(a) Coordination of the control program including memorandums of understanding, contracts, and agreements with local, state, federal, and tribal governmental entities and private parties;
(b) Preparation of a statewide spartina management plan utilizing integrated vegetation management strategies that encompass all of Washington's tidelands. The plan shall be developed in cooperation with local, state, federal, and tribal governments, private landowners, and concerned citizens. The plan shall prioritize areas for control. Nothing in this subsection prohibits the department from taking action to control spartina in a particular area of the state in accordance with a plan previously prepared by the state while preparing the statewide plan;
(c) Directing on the ground control efforts that include, but are not limited to: (i) Control work and contracts; (ii) spartina survey; (iii) collection and maintenance of spartina location data; (iv) purchasing equipment, goods, and services; (v) survey of threatened and endangered species; and (vi) site-specific environmental information and documents; and
(d) Evaluating the effectiveness of the control efforts.
The lead agency shall report to the appropriate standing committees of the house of representatives and the senate no later than December 15th of each year through the year 1999 on the progress of the program, the number of acres treated by various methods of control, and on the funds spent.
[ 1998 c 245 § 4; 1995 c 255 § 10.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.26 - Control of Spartina and Purple Loosestrife. › 17.26.020 - High priority for all state agencies—Definitions.

RCW 17.26.020
High priority for all state agencies—Definitions.
(1) Facilitating the control of spartina and purple loosestrife is a high priority for all state agencies.
(2) The department of natural resources is responsible for spartina and purple loosestrife control on state-owned aquatic lands managed by the department of natural resources.
(3) The department of fish and wildlife is responsible for spartina and purple loosestrife control on state-owned aquatic lands managed by the department of fish and wildlife.
(4) The state parks and recreation commission is responsible for spartina and purple loosestrife control on state-owned aquatic lands managed by the state parks and recreation commission.
(5) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout this chapter, RCW 90.48.020, 90.58.030, and 77.55.081:
(a) "Spartina" means Spartina alterniflora, Spartina anglica, Spartina x townsendii, and Spartina patens.
(b) "Purple loosestrife" means Lythrum salicaria and Lythrum virgatum.
(c) "Aquatic noxious weed" means an aquatic weed on the state noxious weed list adopted under RCW 17.10.080.
[ 2011 c 103 § 13; 2003 c 39 § 10; 1995 c 255 § 12.]
NOTES:
Purpose—2011 c 103: See note following RCW 15.26.120.
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.26 - Control of Spartina and Purple Loosestrife. › 17.26.901 - Effective date—1995 c 255.

RCW 17.26.901
Effective date—1995 c 255.
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 shall take effect immediately [May 5, 1995].
[ 1995 c 255 § 15.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.28 - Mosquito Control Districts. › 17.28.010 - Definitions.

RCW 17.28.010
Definitions.
When used in this chapter, the following terms, words or phrases shall have the following meaning:
(1) "District" means any mosquito control district formed pursuant to this chapter.
(2) "Board" or "district board" means the board of trustees governing the district.
(3) "County commissioners" means the governing body of the county.
(4) "Unit" means all unincorporated territory in a proposed district in one county, regarded as an entity, or each city in a proposed district, likewise regarded as an entity.
(5) "Territory" means any city or county or portion of either or both city or county having a population of not less than one hundred persons.
(6) "Person" means any individual, firm, partnership, corporation, company, association, or joint stock association, and the legal successor thereof.
[ 1957 c 153 § 1.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.28 - Mosquito Control Districts. › 17.28.020 - Districts may be organized in counties—Petition, presentment, signatures.

RCW 17.28.020
Districts may be organized in counties—Petition, presentment, signatures.
Any number of units of a territory within the state of Washington in Adams, Benton, Franklin, Grant, Kittitas, Walla Walla and Yakima counties or any other county may be organized as a mosquito control district under the provisions of this chapter.
A petition to form a district may consist of any number of separate instruments which shall be presented at a regular meeting of the county commissioners of the county in which the greater area of the proposed district is located. Petitions shall be signed by registered voters of each unit of the proposed district, equal in number to not less than ten percent of the votes cast in each unit respectively for the office of governor at the last gubernatorial election prior to the time of presenting the petition.
[ 1969 c 96 § 1; 1957 c 153 § 2.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.28 - Mosquito Control Districts. › 17.28.030 - Petition method—Description of boundaries—Verification of signatures—Resolution to include city.

RCW 17.28.030
Petition method—Description of boundaries—Verification of signatures—Resolution to include city.
Before a city can be included as a part of the proposed district its governing body shall have requested that the city be included by resolution, duly authenticated.
The petition shall set forth and describe the boundaries of the proposed district and it shall request that it be organized as a mosquito control district. Upon receipt of such a petition, the auditor of the county in which the greater area of the proposed district is located shall be charged with the responsibility of examining the same and certifying to the sufficiency of the signatures thereon. For the purpose of examining the signatures on such petitions, the auditor shall be permitted access to the voters' registration books of each city and county located in the proposed district and may appoint the respective county auditors and city clerks thereof as his or her deputies. No person may withdraw his or her name from a petition after it has been filed with the auditor. Within thirty days following the receipt of such petition, the auditor shall transmit the same to the board of commissioners of the county in which the greater area of the proposed district is located, together with his or her certificate as to the sufficiency thereof.
[ 2011 c 336 § 462; 1957 c 153 § 3.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.28 - Mosquito Control Districts. › 17.28.040 - Petition method—Publication of petition and notice of meeting.

RCW 17.28.040
Petition method—Publication of petition and notice of meeting.
Upon receipt of a duly certified petition, the board of commissioners shall cause the text of the petition to be published once a week for at least three consecutive weeks in one or more newspapers of general circulation within the county where the petition is presented and at each city a portion of which is included in the proposed district. If any portion of the proposed district lies in another county, the petition and notice shall be likewise published in that county.
Only one copy of the petition need be published even though the district embraces more than one unit. No more than five of the names attached to the petition need appear in the publication of the petition and notice, but the number of signers shall be stated.
With the publication of the petition there shall be published a notice of the time of the meeting of the county commissioners when the petition will be considered, stating that all persons interested may appear and be heard.
[ 1957 c 153 § 4.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.28 - Mosquito Control Districts. › 17.28.050 - Resolution method.

RCW 17.28.050
Resolution method.
Such districts may also be organized upon the adoption by the county commissioners of a resolution of intention so to do, in lieu of the procedure hereinbefore provided for the presentation of petitions. In the event the county commissioners adopt a resolution of intention, such resolution shall describe the boundaries of the proposed district and shall set a time and place at which they will consider the organization of the district, and shall state that all persons interested may appear and be heard. Such resolution of intention shall be published in the same manner and for the same length of time as a petition.
[ 1957 c 153 § 5.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.28 - Mosquito Control Districts. › 17.28.060 - Hearing—Defective petition—Establishment of boundaries.

RCW 17.28.060
Hearing—Defective petition—Establishment of boundaries.
At the time stated in the notice of the filing of the petition or the time mentioned in the resolution of intention, the county commissioners shall consider the organization of the district and hear those appearing and all protests and objections to it. The commissioners may adjourn the hearing from time to time, not exceeding two months in all.
No defect in the contents of the petition or in the title to or form of the notice or signatures, or lack of signatures thereto, shall vitiate any proceedings if the petition has a sufficient number of qualified signatures.
On the final hearing the county commissioners shall make such changes in the proposed boundaries as are advisable, and shall define and establish the boundaries.
[ 1957 c 153 § 6.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.28 - Mosquito Control Districts. › 17.28.070 - Procedure to include other territory.

RCW 17.28.070
Procedure to include other territory.
If the county commissioners deem it proper to include any territory not proposed for inclusion within the proposed boundaries, they shall first cause notice of intention to do so to be mailed to each owner of land in the territory whose name appears as owner on the last completed assessment roll of the county in which the territory lies, addressed to the owner at his or her address given on the assessment roll, or if no address is given, to his or her last known address; or if it is not known, at the county seat of the county in which his or her land lies. The notice shall describe the territory and shall fix a time, not less than two weeks from the date of mailing, when all persons interested may appear before the county commissioners and be heard.
The boundaries of a district lying in a city shall not be altered unless the governing board of the city, by resolution, consents to the alteration.
[ 2011 c 336 § 463; 1957 c 153 § 7.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.28 - Mosquito Control Districts. › 17.28.080 - Determination of public necessity and compliance with chapter.

RCW 17.28.080
Determination of public necessity and compliance with chapter.
Upon the hearing of the petition the county commissioners shall determine whether the public necessity or welfare of the proposed territory and of its inhabitants requires the formation of the district, and shall also determine whether the petition complies with the provisions of this chapter, and for that purpose shall hear all competent and relevant testimony offered.
[ 1957 c 153 § 8.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.28 - Mosquito Control Districts. › 17.28.100 - Election on proposition to levy tax.

RCW 17.28.100
Election on proposition to levy tax.
At the same election there shall be submitted to the voters residing within the district, for their approval or rejection, a proposition authorizing the mosquito control district, if formed, to levy at the earliest time permitted by law on all taxable property located within the mosquito control district a general tax, for one year, of up to twenty-five cents per thousand dollars of assessed value in excess of any constitutional or statutory limitation for authorized purposes of the mosquito control district. The proposition shall be expressed on the ballots in substantially the following form:
"ONE YEAR  . . . . . . CENTS PER THOUSAND
DOLLARS OF ASSESSED VALUE LEVY
Shall the mosquito control district, if formed, levy a general tax of  . . . . . . cents per thousand dollars of assessed value for one year upon all the taxable property within said district in excess of the constitutional and/or statutory tax limits for authorized purposes of the district?
YES
. . . .
□
NO
. . . .
□"
Such proposition to be effective must be approved by a majority of at least three-fifths of the persons voting on the proposition to levy such tax in the manner set forth in Article VII, section 2(a) of the Constitution of this state, as amended by Amendment 59 and as thereafter amended.
[ 1982 c 217 § 1; 1973 1st ex.s. c 195 § 2; 1957 c 153 § 10.]
NOTES:
Severability—Effective dates and termination dates—Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.28 - Mosquito Control Districts. › 17.28.110 - Board of trustees—Composition.

RCW 17.28.110
Board of trustees—Composition.
Within thirty days after the filing with the secretary of state of the certified copy of the order of formation, a governing board of trustees for the district shall be appointed. The district board shall be appointed as follows:
(1) If the district is situated in one county only and consists wholly of unincorporated territory, five members shall be appointed by the county commissioners of the county.
(2) If the district is situated entirely in one county and includes both incorporated and unincorporated territory one member shall be appointed from each commissioner district lying wholly or partly within the district by the county commissioners of the county, and one member from each city, the whole or part of which is situated in the district, by the governing body of the city; but if the district board created consists of less than five members, the county commissioners shall appoint from the district at large enough additional members to make a board of five members.
(3) If the district is situated in two or more counties and is comprised wholly of incorporated territory, one member shall be appointed from each commissioner district of each county or portion of a county situated in the district by the county commissioners; but if the district board created consists of less than five members, the county commissioners of the county in which the greater area of the district is situated shall appoint from the district at large enough additional members to make a board of five members.
(4) If the district is situated in two or more counties and consists of both incorporated and unincorporated territory, one member shall be appointed by the county commissioners of each of the counties from that portion of the district lying within each commissioner district within its jurisdiction; and one member from each city, a portion of which is situated in the district by the governing body of the city; but if the board created consists of less than five members, the county commissioners in which the greater area of the district is situated shall appoint from the district at large enough additional members to make a board of five members.
[ 1959 c 64 § 1; 1957 c 153 § 11.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.28 - Mosquito Control Districts. › 17.28.120 - Board of trustees—Name of board—Qualification of members.

RCW 17.28.120
Board of trustees—Name of board—Qualification of members.
The district board shall be called "The board of trustees of . . . . . . mosquito control district."
Each member of the board appointed by the governing body of a city shall be an elector of the city from which he or she is appointed and a resident of that portion of the city which is in the district.
Each member appointed from a county or portion of a county shall be an elector of the county and a resident of that portion of the county which is in the district.
Each member appointed at large shall be an elector of the district.
[ 2011 c 336 § 465; 1957 c 153 § 12.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.28 - Mosquito Control Districts. › 17.28.130 - Board of trustees—Terms—Vacancies.

RCW 17.28.130
Board of trustees—Terms—Vacancies.
The members of the first board in any district shall classify themselves by lot at their first meeting so that:
(1) If the total membership is an even number, the terms of one-half the members will expire at the end of one year, and the terms of the remainder at the end of two years, from the second day of the calendar year next succeeding their appointment.
(2) If the total membership is an odd number, the terms of a bare majority of the members will expire at the end of one year, and the terms of the remainder at the end of two years, from the second day of the calendar year next succeeding their appointment.
The term of each subsequent member is two years from and after the expiration of the term of his or her predecessor.
In event of the resignation, death, or disability of any member, his or her successor shall be appointed by the governing body which appointed him or her.
[ 2011 c 336 § 466; 1957 c 153 § 13.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.28 - Mosquito Control Districts. › 17.28.140 - Board of trustees—Organization—Officers—Compensation—Expenses.

RCW 17.28.140
Board of trustees—Organization—Officers—Compensation—Expenses.
The members of the first district board shall meet on the first Monday subsequent to thirty days after the filing with the secretary of state of the certificate of incorporation of the district. They shall organize by the election of one of their members as president and one as secretary.
The members of the district board shall serve without compensation; but the necessary expenses of each member for actual traveling in connection with meetings or business of the board may be allowed and paid.
The secretary shall receive such compensation as shall be fixed by the district board.
[ 1957 c 153 § 14.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.28 - Mosquito Control Districts. › 17.28.150 - Board of trustees—Meetings—Rules—Quorum.

RCW 17.28.150
Board of trustees—Meetings—Rules—Quorum.
The district board shall provide for the time and place of holding its regular meetings, and the manner of calling them, and shall establish rules for its proceedings.
Special meetings may be called by three members, notice of which shall be given to each member at least twenty-four hours before the meeting.
All of its sessions, whether regular or special, shall be open to the public.
A majority of the members shall constitute a quorum for the transaction of business.
[ 1957 c 153 § 15.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.28 - Mosquito Control Districts. › 17.28.160 - Powers of district.

RCW 17.28.160
Powers of district.
A mosquito control district organized under this chapter may:
(1) Take all necessary or proper steps for the extermination of mosquitoes.
(2) Subject to the paramount control of the county or city in which they exist, abate as nuisances all stagnant pools of water and other breeding places for mosquitoes.
(3) If necessary or proper, in the furtherance of the objects of this chapter, build, construct, repair, and maintain necessary dikes, levees, cuts, canals, or ditches upon any land, and acquire by purchase, condemnation, or by other lawful means, in the name of the district, any lands, rights-of-way, easements, property, or material necessary for any of those purposes.
(4) Make contracts to indemnify or compensate any owner of land or other property for any injury or damage necessarily caused by the use or taking of property for dikes, levees, cuts, canals, or ditches.
(5)(a) Enter upon without hindrance any lands within the district and adjacent thereto for the purpose of inspection to ascertain whether breeding places of mosquitoes exist upon such lands; or to abate public nuisances in accordance with this chapter; or to ascertain if notices to abate the breeding of mosquitoes upon such lands have been complied with; or to treat using integrated pest management, as defined in RCW 17.15.010, methods in places where mosquitoes are found or are likely to exist upon such lands.
(b) For land adjacent to land within the district, a district must give prior written notice to the property owner of the district's intent to enter upon the land for the purposes specified in (a) of this subsection.
(6) Sell or lease any land, rights-of-way, easements, property or material acquired by the district.
(7) Issue warrants payable at the time stated therein to evidence the obligation to repay money borrowed or any other obligation incurred by the district, warrants so issued to draw interest at a rate fixed by the board payable annually or semiannually as the board may prescribe.
(8) Make contracts with the United States, or any state, municipality, or any department of those entities for carrying out the general purpose for which the district is formed.
(9) Acquire by gift, devise, bequest, lease, or purchase, real and personal property necessary or convenient for its purposes.
(10) Make contracts, employ engineers, health officers, sanitarians, physicians, laboratory personnel, attorneys, and other technical or professional assistants; and publish information or literature and do any and all other things necessary or incident to the powers granted by, and to carry out the projects specified in this chapter.
(11) Subject to management considerations identified during consultation with the landowner, cut or remove shrubbery or undergrowth as necessary or proper in order to carry out this chapter.
[ 2013 c 208 § 1; 1981 c 156 § 1; 1957 c 153 § 16.]
2023 Revised Code of Washington › Title 17 - Weeds, Rodents, and Pests › Chapter 17.28 - Mosquito Control Districts. › 17.28.170 - Mosquito breeding places declared public nuisance—Abatement.

RCW 17.28.170
Mosquito breeding places declared public nuisance—Abatement.
Any breeding place for mosquitoes which exists by reason of any use made of the land on which it is found or of any artificial change in its natural condition is a public nuisance: PROVIDED, That conditions or usage of land which are beyond the control of the landowner or are not contrary to normal, accepted practices of water usage in the district, shall not be considered a public nuisance.
The nuisance may be abated in any action or proceeding, or by any remedy provided by law.
[ 1959 c 64 § 2; 1957 c 153 § 17.]