Chapter 43.131 RCW

WASHINGTON SUNSET ACT OF 1977

Sections

GENERAL PROVISIONS
43.131.010Short title.
43.131.020Findings.
43.131.030Definitions.
43.131.040Reestablishment of entity scheduled for terminationReview.
43.131.051Program and fiscal reviewReports.
43.131.055Program and fiscal reviewAlternative public works contracting procedures.
43.131.061Sunset termination and reviewPerformance measuresMinimum period for sunset termination.
43.131.071Scope of reviewRecommendations to the legislature.
43.131.090Termination of entityProceduresEmployee transfersProperty dispositionFunds and moneysRulesContracts.
43.131.100Termination of entityPending businessSavings.
43.131.110CommitteesReference to include successor.
43.131.130LegislaturePowers unaffected by enactment of chapter.
43.131.150Termination of entitiesReview under Sunset Act.
ENTITIES SCHEDULED FOR SUNSET
43.131.393Underground storage tank programTermination.
43.131.394Underground storage tank programRepeal.
43.131.400Program reviewRangeland damage.
43.131.407Alternative public works contracting proceduresTermination.
43.131.408Alternative public works contracting proceduresRepeal.
43.131.417Joint center for aerospace technology innovationTermination.
43.131.418Joint center for aerospace technology innovationRepeal.
43.131.419Medicaid fraud false claims actTermination.
43.131.420Medicaid fraud false claims actRepeal.
43.131.421Mercury-containing lights product stewardship programTermination.
43.131.422Mercury-containing lights product stewardship programRepeal.
43.131.423Drug take-back programTermination.
43.131.424Drug take-back programRepeal.
43.131.425Office of the corrections ombudsTermination.
43.131.426Office of the corrections ombudsRepeal.
43.131.427Washington dual enrollment scholarship pilot programTermination.
43.131.428Washington dual enrollment scholarship pilot programRepeal.
CONSTRUCTION
43.131.900Expiration of RCW 43.131.010 through 43.131.150Exception.

NOTES:

Termination of tax preferences: Chapter 43.136 RCW.


Short title. (Expires June 30, 2025.)

This chapter may be known and cited as the Washington Sunset Act.



Findings. (Expires June 30, 2025.)

The state legislature finds that state entities may fail to deliver services as effectively and efficiently as is expected by the general public and as originally contemplated by the legislature. It further finds that state government actions have produced a substantial increase in numbers of entities, growth of programs, and proliferation of rules, and that the entire process has evolved without sufficient legislative and executive oversight, regulatory accountability, or a system of checks and balances. The legislature further finds that by establishing a system for the termination, continuation, or modification of state entities, coupled with a system of scheduled review of such entities, it will be in a better position to: Evaluate the need for the continued existence of existing and future state entities; assess the effectiveness and performance of agencies, boards, commissions, and programs; and ensure public accountability. The legislature recognizes that the executive branch shares in this duty and responsibility to assure that state government operates in an efficient, orderly, and responsive manner.



Definitions. (Expires June 30, 2025.)

As used in this chapter the following words and phrases shall have the following meanings unless the context clearly requires otherwise.
(1) "Entity" includes every state office, department, board, commission, unit or subunit, and agency of the state, and where provided by law, programs and activities involving less than the full responsibility of a state agency. "Entity" also includes any part of the Revised Code of Washington scheduled for repeal, expiration, or program termination.
(2) "Person" includes every natural person, firm, partnership, corporation, association, or organization.



Reestablishment of entity scheduled for terminationReview. (Expires June 30, 2025.)

Any state entity scheduled for termination by the processes provided in this chapter may be reestablished by the legislature for a specified period of time or indefinitely. The legislature may again review the state entity in a manner consistent with the provisions of this chapter and reestablish, modify, or consolidate such state entity or allow it to be terminated.



Program and fiscal reviewReports. (Expires June 30, 2025.)

The joint legislative audit and review committee shall conduct a program and fiscal review of any entity scheduled for termination under this chapter. This program and fiscal review shall be completed and a preliminary report prepared during the calendar year prior to the date established for termination. These reports shall be prepared in the manner set forth in RCW 44.28.071 and 44.28.075. Upon completion of its preliminary report, the joint legislative audit and review committee shall transmit copies of the report to the office of financial management and any affected entity. The final report shall include the response, if any, of the affected entity and the office of financial management in the same manner as set forth in RCW 44.28.088, except the affected entity and the office of financial management shall have sixty days to respond to the report. The joint legislative audit and review committee shall transmit the final report to the legislature, to the state entity affected, to the governor, and to the state library.



Program and fiscal reviewAlternative public works contracting procedures. (Expires July 1, 2022.)

(1) If the sunset review process in RCW 43.131.010 through 43.131.150 expires before June 30, 2021, the joint legislative audit and review committee must conduct a program and fiscal review of the alternative public works contracting procedures authorized in chapter 39.10 RCW. The review must be completed by June 30, 2021, and findings reported to the office of financial management and any affected entities. The report must be prepared in the manner set forth in RCW 44.28.071 and 44.28.075.
(2) This section expires July 1, 2022.

NOTES:

Contingent effective date2013 c 222 § 24: "Section 24 of this act takes effect upon the expiration of RCW 43.131.051." [ 2013 c 222 § 25.]



Sunset termination and reviewPerformance measuresMinimum period for sunset termination. (Expires June 30, 2025.)

(1) Any entity may be scheduled for sunset termination and review under this chapter by law.
(2) An entity scheduled for sunset termination shall establish performance measures, as required under subsection (3) of this section, and must be evaluated, in part, in terms of the results. The entity has the burden of demonstrating the extent to which performance results have been achieved. The sunset termination legislation shall name a lead entity, if more than one entity is impacted by scheduled termination. The affected entity or lead entity has the responsibility for developing and implementing a data collection plan and submitting the resulting performance information to the joint legislative audit and review committee.
(3) An entity shall develop performance measures and a data collection plan and submit them for review and comment to the joint legislative audit and review committee within one year of the effective date of the legislation establishing the sunset termination.
(4) Unless specified otherwise, sunset terminations under this chapter shall be a minimum of seven years. The joint legislative audit and review committee shall complete its review in the year prior to the date of termination.



Scope of reviewRecommendations to the legislature. (Expires June 30, 2025.)

(1) In conducting the review of an entity, the joint legislative audit and review committee shall determine the scope and objectives of the review and consider, but not be limited to, the following factors, if applicable:
(a) The extent to which the entity has complied with legislative intent;
(b) The extent to which the entity is operating in an efficient and economical manner which results in optimum performance;
(c) The extent to which the entity is operating in the public interest by controlling costs;
(d) The extent to which the entity duplicates the activities of other entities or of the private sector;
(e) The extent to which the entity is meeting the performance measures developed under RCW 43.131.061; and
(f) The possible impact of the termination or modification of the entity.
(2) After completing the review under subsection (1) of this section, the committee shall make its recommendations to the legislature.



Termination of entityProceduresEmployee transfersProperty dispositionFunds and moneysRulesContracts. (Expires June 30, 2025.)

Unless the legislature specifies a shorter period of time, a terminated entity shall continue in existence until June 30th of the next succeeding year for the purpose of concluding its affairs: PROVIDED, That the powers and authority of the entity shall not be reduced or otherwise limited during this period. Unless otherwise provided:
(1) All employees of terminated entities classified under chapter 41.06 RCW, the state civil service law, shall be transferred as appropriate or as otherwise provided in the procedures adopted by the director of financial management pursuant to RCW 41.06.150;
(2) All documents and papers, equipment, or other tangible property in the possession of the terminated entity shall be delivered to the custody of the entity assuming the responsibilities of the terminated entity or if such responsibilities have been eliminated, documents and papers shall be delivered to the state archivist and equipment or other tangible property to the department of enterprise services;
(3) All funds held by, or other moneys due to, the terminated entity shall revert to the fund from which they were appropriated, or if that fund is abolished to the general fund;
(4) Notwithstanding the provisions of RCW 34.05.020, all rules made by a terminated entity shall be repealed, without further action by the entity, at the end of the period provided in this section, unless assumed and reaffirmed by the entity assuming the related legal responsibilities of the terminated entity;
(5) All contractual rights and duties of an entity shall be assigned or delegated to the entity assuming the responsibilities of the terminated entity, or if there is none to such entity as the governor shall direct.
[ 2015 3rd sp.s. c 1 § 322; (2011 1st sp.s. c 43 § 459 expired June 30, 2015); (2002 c 354 § 230 expired June 30, 2015); 2000 c 189 § 7; 1993 c 281 § 54; 1983 1st ex.s. c 27 § 4; 1977 ex.s. c 289 § 9.]

NOTES:

Expiration date2011 1st sp.s. c 43 § 459: "Section 459 of this act expires June 30, 2015." [ 2011 1st sp.s. c 43 § 482.]
Effective datePurpose2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Expiration date2002 c 354 § 230: "Section 230 of this act expires June 30, 2015." [ 2002 c 354 § 412.]
Short titleHeadings, captions not lawSeverabilityEffective dates2002 c 354: See RCW 41.80.907 through 41.80.910.
Effective date1993 c 281: See note following RCW 41.06.022.



Termination of entityPending businessSavings. (Expires June 30, 2025.)

This chapter shall not affect the right to institute or prosecute any cause of action by or against an entity terminated pursuant to this chapter if the cause of action arose prior to the end of the period provided in RCW 43.131.090. Such causes of action may be instituted, prosecuted, or defended in the name of the state of Washington by the office of the attorney general. Any hearing or other proceeding pending before an entity to be terminated and not completed before the end of the period provided in RCW 43.131.090, may be completed by the entity assuming the responsibilities of the terminated entity.



CommitteesReference to include successor. (Expires June 30, 2025.)

Any reference in this chapter to a committee of the legislature including the joint legislative audit and review committee shall also refer to the successor of that committee.



LegislaturePowers unaffected by enactment of chapter. (Expires June 30, 2025.)

Nothing in this chapter or RCW 43.06.010 shall prevent the legislature from abolishing or modifying an entity scheduled for termination prior to the entity's established termination date or from abolishing or modifying any other entity.



Termination of entitiesReview under Sunset Act. (Expires June 30, 2025.)

The entities scheduled for termination under this chapter shall be subject to all of the processes provided in this chapter.



Underground storage tank programTermination.

The underground storage tank program shall be terminated on July 1, 2029, as provided in RCW 43.131.394.



Underground storage tank programRepeal.

The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective July 1, 2030:
(1) RCW 90.76.005 and 2007 c 147 s 1 & 1989 c 346 s 1;
(2) RCW 90.76.010 and 2013 c 144 s 53, 2011 c 298 s 39, 2007 c 147 s 2, 1998 c 155 s 1, & 1989 c 346 s 2;
(3) RCW 90.76.020 and 2013 c 144 s 54, 2011 c 298 s 40, 2007 c 147 s 3, 1998 c 155 s 2, & 1989 c 346 s 3;
(4) RCW 90.76.040 and 1998 c 155 s 3 & 1989 c 346 s 5;
(5) RCW 90.76.050 and 2007 c 147 s 4, 1998 c 155 s 4, & 1989 c 346 s 6;
(6) RCW 90.76.060 and 1998 c 155 s 5 & 1989 c 346 s 7;
(7) RCW 90.76.070 and 2007 c 147 s 5 & 1989 c 346 s 8;
(8) RCW 90.76.080 and 2007 c 147 s 6, 1995 c 403 s 639, & 1989 c 346 s 9;
(9) RCW 90.76.090 and 2007 c 147 s 7, 1998 c 155 s 6, & 1989 c 346 s 10;
(10) RCW 90.76.100 and 1991 sp.s. c 13 s 72 & 1989 c 346 s 11;
(11) RCW 90.76.110 and 2007 c 147 s 8, 1991 c 83 s 1, & 1989 c 346 s 12;
(13) RCW 90.76.901 and 1989 c 346 s 14; and



Program reviewRangeland damage.

The joint legislative audit and review committee must conduct a program review, as provided in this chapter, of the program to reimburse landowners for damage to rangeland used for grazing or browsing of domestic livestock caused by deer and elk, established in sections 1 through 3, chapter 274, Laws of 2001. The review must be completed by January 1, 2004.

NOTES:

Effective date2001 c 274: See note following RCW 77.36.010.



Alternative public works contracting proceduresTermination.

The alternative public works contracting procedures under chapter 39.10 RCW shall be terminated June 30, 2021, as provided in RCW 43.131.408.

NOTES:

Effective date2013 c 222: See note following RCW 39.10.210.
Part headings and captions not lawEffective datesSeverability2007 c 494: See RCW 39.10.903 through 39.10.905.



Alternative public works contracting proceduresRepeal.

The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2022:
(1) RCW 39.10.200 and 2010 1st sp.s. c 21 s 2, 2007 c 494 s 1, & 1994 c 132 s 1;
(2) RCW 39.10.210 and 2019 c 212 s 1, 2014 c 42 s 1, & 2013 c 222 s 1;
(3) RCW 39.10.220 and 2013 c 222 s 2, 2007 c 494 s 102, & 2005 c 377 s 1;
(4) RCW 39.10.230 and 2013 c 222 s 3, 2010 1st sp.s. c 21 s 3, 2009 c 75 s 1, 2007 c 494 s 103, & 2005 c 377 s 2;
(5) RCW 39.10.240 and 2013 c 222 s 4 & 2007 c 494 s 104;
(6) RCW 39.10.250 and 2019 c 212 s 2, 2013 c 222 s 5, 2009 c 75 s 2, & 2007 c 494 s 105;
(7) RCW 39.10.260 and 2013 c 222 s 6 & 2007 c 494 s 106;
(8) RCW 39.10.270 and 2019 c 212 s 3, 2017 c 211 s 1, 2013 c 222 s 7, 2009 c 75 s 3, & 2007 c 494 s 107;
(9) RCW 39.10.280 and 2014 c 42 s 2, 2013 c 222 s 8, & 2007 c 494 s 108;
(11) RCW 39.10.300 and 2019 c 212 s 4, 2013 c 222 s 9, 2009 c 75 s 4, & 2007 c 494 s 201;
(12) RCW 39.10.320 and 2019 c 212 s 5, 2013 c 222 s 10, 2007 c 494 s 203, & 1994 c 132 s 7;
(13) RCW 39.10.330 and 2019 c 212 s 6, 2014 c 19 s 1, 2013 c 222 s 11, 2009 c 75 s 5, & 2007 c 494 s 204;
(14) RCW 39.10.340 and 2014 c 42 s 3, 2013 c 222 s 12, & 2007 c 494 s 301;
(15) RCW 39.10.350 and 2014 c 42 s 4 & 2007 c 494 s 302;
(16) RCW 39.10.360 and 2014 c 42 s 5, 2013 c 222 s 13, 2009 c 75 s 6, & 2007 c 494 s 303;
(17) RCW 39.10.370 and 2014 c 42 s 6 & 2007 c 494 s 304;
(18) RCW 39.10.380 and 2013 c 222 s 14 & 2007 c 494 s 305;
(19) RCW 39.10.385 and 2013 c 222 s 15 & 2010 c 163 s 1;
(20) RCW 39.10.390 and 2014 c 42 s 7, 2013 c 222 s 16, & 2007 c 494 s 306;
(21) RCW 39.10.400 and 2013 c 222 s 17 & 2007 c 494 s 307;
(23) RCW 39.10.420 and 2019 c 212 s 7, 2017 c 136 s 1, & 2016 c 52 s 1;
(24) RCW 39.10.430 and 2019 c 212 s 8 & 2007 c 494 s 402;
(25) RCW 39.10.440 and 2019 c 212 s 9, 2015 c 173 s 1, 2013 c 222 s 19, & 2007 c 494 s 403;
(26) RCW 39.10.450 and 2019 c 212 s 10, 2012 c 102 s 2, & 2007 c 494 s 404;
(27) RCW 39.10.460 and 2012 c 102 s 3 & 2007 c 494 s 405;
(28) RCW 39.10.470 and 2019 c 212 s 11, 2014 c 19 s 2, 2005 c 274 s 275, & 1994 c 132 s 10;
(30) RCW 39.10.490 and 2013 c 222 s 20, 2007 c 494 s 501, & 2001 c 328 s 5;
(34) RCW 39.10.904 and 2007 c 494 s 512; and

NOTES:

Effective date2013 c 222: See note following RCW 39.10.210.
Intent2010 1st sp.s. c 21: See note following RCW 39.10.200.
Part headings and captions not lawEffective datesSeverability2007 c 494: See RCW 39.10.903 through 39.10.905.



Joint center for aerospace technology innovationTermination.

The joint center for aerospace technology innovation shall be terminated July 1, 2020, as provided in RCW 43.131.418.



Joint center for aerospace technology innovationRepeal.

The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective July 1, 2021:
(1) RCW 28B.155.010 and 2014 c 112 s 102 & 2012 c 242 s 1; and



Medicaid fraud false claims actTermination.

The qui tam provisions of the medicaid fraud false claims act as established under chapter 74.66 RCW shall be terminated on June 30, 2023, as provided in RCW 43.131.420.

NOTES:

IntentFinding2012 c 241: See note following RCW 74.66.010.



Medicaid fraud false claims actRepeal.

The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective June 30, 2024:

NOTES:

IntentFinding2012 c 241: See note following RCW 74.66.010.



Mercury-containing lights product stewardship programTermination.

The mercury-containing lights product stewardship program as established under chapter 70.275 RCW is terminated July 1, 2025, as provided in RCW 43.131.422.

NOTES:

Finding2014 c 119: See note following RCW 70.275.020.



Mercury-containing lights product stewardship programRepeal.

The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective July 1, 2026:
(1) RCW 70.275.010 (FindingsPurpose) and 2010 c 130 s 1;
(2) RCW 70.275.020 (Definitions) and 2014 c 119 s 2 & 2010 c 130 s 2;
(3) RCW 70.275.030 (Product stewardship program) and 2014 c 119 s 3 & 2010 c 130 s 3;
(4) RCW 70.275.040 (Submission of proposed product stewardship plansDepartment to establish rulesPublic reviewPlan updateAnnual report) and 2017 c 254 s 2, 2014 c 119 s 4, & 2010 c 130 s 4;
(5) RCW 70.275.050 (Financing the mercury-containing light recycling program) and 2017 c 254 s 1, 2014 c 119 s 5, & 2010 c 130 s 5;
(6) RCW 70.275.060 (Collection and management of mercury) and 2010 c 130 s 6;
(7) RCW 70.275.070 (Collectors of unwanted mercury-containing lightsDuties) and 2010 c 130 s 7;
(8) RCW 70.275.090 (Producers must participate in an approved product stewardship program) and 2010 c 130 s 9;
(9) RCW 70.275.100 (Written warningPenaltyAppeal) and 2010 c 130 s 10;
(10) RCW 70.275.110 (Department's web site to list producers participating in product stewardship planRequired participation in a product stewardship planWritten warningPenaltyRulesExemptions) and 2010 c 130 s 11;
(11) RCW 70.275.130 (Product stewardship programs account) and 2017 c 254 s 3 & 2010 c 130 s 13;
(12) RCW 70.275.140 (Adoption of rulesReport to the legislatureInvitation to entities to comment on issuesEstimate of statewide recycling rate for mercury-containing lightsMercury vapor barrier packaging) and 2010 c 130 s 14;
(13) RCW 70.275.150 (Application of chapter to the Washington utilities and transportation commission) and 2010 c 130 s 15;
(14) RCW 70.275.160 (Application of chapter to entities regulated under chapter 70.105 RCW) and 2010 c 130 s 16;
(15) RCW 70.275.900 (Chapter liberally construed) and 2010 c 130 s 17;
(16) RCW 70.275.901 (Severability2010 c 130) and 2010 c 130 s 21; and

NOTES:

Finding2014 c 119: See note following RCW 70.275.020.



Drug take-back programTermination.

The authorization for drug take-back programs created in chapter 196, Laws of 2018 shall be terminated on January 1, 2029, as provided in RCW 43.131.424.



Drug take-back programRepeal.

The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective January 1, 2030:
(18) RCW 69.48.190 and 2018 c 196 s 19; and



Office of the corrections ombudsTermination.

The office of the corrections ombuds is terminated July 1, 2028, as provided in RCW 43.131.426.



Office of the corrections ombudsRepeal.

The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective July 1, 2029:
(7) RCW 43.06C.060 and 2018 c 270 s 7; and



Washington dual enrollment scholarship pilot programTermination.

The Washington dual enrollment scholarship pilot program is terminated July 1, 2025, as provided in RCW 43.131.428.



Washington dual enrollment scholarship pilot programRepeal.

The following acts or parts of acts, as now existing or hereafter amended, are each repealed, effective July 1, 2026:



Expiration of RCW 43.131.010 through 43.131.150Exception.

RCW 43.131.010 through 43.131.150 expire June 30, 2025, unless extended by law for an additional fixed period of time.

NOTES:

FindingIntent2013 c 44: "The legislature finds that the sunset review process allows the legislature to evaluate the need for the continued existence of agencies and programs, to assess the effectiveness and performance of these agencies and programs, and to ensure public accountability. It is the intent of the legislature to continue using this important accountability tool." [ 2013 c 44 § 1.]