Z-0586.1  _______________________________________________

                         SENATE BILL 5578

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Senators Patterson, Horn, Costa, Honeyford, Kohl‑Welles and Kline; by request of Forensic Investigation Council

Read first time 01/28/1999.  Referred to Committee on State & Local Government.

Enabling the bureau of forensic laboratory services.

    AN ACT Relating to the state toxicology laboratory; amending RCW 43.103.010, 43.103.020, 43.103.030, 43.103.090, 43.43.670, and 68.50.107; reenacting and amending RCW 66.08.180; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  (1)  All powers, duties, and functions of the state toxicology laboratory are transferred to the bureau of forensic laboratory services of the Washington state patrol.

    (2)(a) All reports, documents, surveys, books, records, files, papers, or written material in the possession of either the state toxicology laboratory or the state toxicologist pertaining to the powers, functions, and duties transferred shall be delivered to the custody of the Washington state patrol.  All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the state toxicology laboratory or the state toxicologist in carrying out the powers, functions, and duties transferred shall be delivered into the custody of the Washington state patrol.  All funds, credits, or other assets held in connection with the powers, functions, and duties transferred shall be assigned to the Washington state patrol.

    (b) Any appropriations made to the state toxicology laboratory or the state toxicologist for carrying out the powers, functions, and duties transferred shall, on the effective date of this section, be transferred and credited to the Washington state patrol to carry out the responsibilities of the bureau of forensic laboratory services under RCW 43.43.670.

    (c) Whenever any question arises as to the transfer of any personnel, funds, books, documents, records, papers, files, equipment, or other tangible property used or held in the exercise of the powers and the performance of the duties and functions transferred, the director of financial management shall make a determination as to the proper allocation and shall certify that determination to the state agencies concerned.

    (3) All employees of the state toxicology laboratory engaged in performing the powers, functions, and duties of the state toxicology laboratory are transferred to the jurisdiction of the Washington state patrol.  All employees classified under chapter 41.06 RCW, the state civil service law, are assigned to the Washington state patrol to perform their usual duties upon the same terms as formerly for the state toxicology laboratory, without any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules governing state civil service.

    (4) All rules and pending business before the state toxicologist pertaining to the powers, functions, and duties transferred shall be continued and acted upon by the Washington state patrol.  All existing contracts and obligations shall remain in full force and shall be performed by the Washington state patrol.

    (5) The transfer of the powers, duties, functions, and personnel of the state toxicology laboratory shall not affect the validity of any act performed before the effective date of this section.

    (6) If the apportionments of budgeted funds are required because of the transfers directed by this section, the director of financial management shall certify the apportionments to the agencies affected, the state auditor, and the state treasurer.  Each shall make the appropriate transfer and adjustments in funds and appropriation accounts and equipment records in accordance with the certification.

    (7) Nothing contained in this section may be construed to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until the agreement has expired or until the bargaining unit has been modified by action of the personnel board as provided by law.

    Sec. 2.  RCW 43.103.010 and 1995 c 398 s 2 are each amended to read as follows:

    The purposes of this act are declared by the legislature to be as follows:

    (1) To preserve and enhance the state crime laboratory and state toxicology laboratory, which ((is an)) are essential parts of the criminal justice and death investigation systems in the state of Washington;

    (2) To fund the death investigation system and to make related state and local institutions more efficient;

    (3) ((To preserve and enhance the state toxicology laboratory which is an essential part of the criminal justice and death investigation systems in the state of Washington;

    (4))) To provide resources necessary for the performance, by qualified pathologists, of autopsies which are also essential to the criminal justice and death investigation systems of this state and its counties;

    (((5))) (4) To improve the performance of death investigations and the criminal justice system through the formal training of county coroners and county medical examiners;

    (((6))) (5) To establish and maintain a dental identification system; and

    (((7))) (6) To provide flexibility so that any county may establish a county morgue when it serves the public interest.

    Sec. 3.  RCW 43.103.020 and 1995 c 398 s 3 are each amended to read as follows:

    As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise.

    (1) "Council" means the Washington state forensic investigations council.

    (2) "Crime laboratory" means the Washington state patrol crime laboratory system created in RCW 43.43.670 and under the bureau of forensic laboratory services of the Washington state patrol.

    (3) "State toxicology laboratory" means the Washington state toxicology laboratory and under the bureau of forensic laboratory services of the Washington state patrol.

    Sec. 4.  RCW 43.103.030 and 1995 c 398 s 4 are each amended to read as follows:

    There is created the Washington state forensic investigations council.  The council shall oversee the ((state toxicology)) bureau of forensic laboratory services and, ((together)) in consultation with the ((president)) chief of the ((University of)) Washington state patrol or the ((president's)) chief's designee, control the ((laboratory's)) operation and establish policies of the bureau of forensic laboratory services.  The council may also study and recommend cost-efficient improvements to the death investigation system in Washington and report its findings to the legislature.

    Further, the council shall, jointly with the chairperson of the pathology department of the University of Washington's School of Medicine, or the chairperson's designee, oversee the state forensic pathology fellowship program, determine the budget for the program and set the fellow's annual salary, and take those steps necessary to administer the program.

    The forensic investigations council shall be actively involved in the preparation of the ((crime)) bureau of forensic laboratory ((and toxicology laboratory)) services budget((s)) and shall approve the ((crime)) bureau of forensic laboratory ((and toxicology laboratory)) services budget((s)) prior to ((their)) its formal submission to the office of financial management pursuant to RCW 43.88.030.

    Sec. 5.  RCW 43.103.090 and 1995 c 398 s 8 are each amended to read as follows:

(1) The council may:

    (((1))) (a) Meet at such times and places as may be designated by a majority vote of the council members or, if a majority cannot agree, by the chair;

    (((2))) (b) Adopt rules governing the council and the conduct of its meetings;

    (((3) Require reports from the state toxicologist on matters pertaining to the toxicology laboratory;

    (4))) (c) Require reports from the chief of the Washington state patrol on matters pertaining to the ((crime)) bureau of forensic laboratory services;

    (((5) Be actively involved in the preparation of the crime laboratory and toxicology laboratory budgets and shall approve the crime laboratory and toxicology laboratory budgets prior to their formal submission to the office of financial management pursuant to RCW 43.88.030;

    (6))) (d) Do anything, necessary or convenient, which enables the council to perform its duties and to exercise its powers; and

    (((7) Appoint a toxicologist as state toxicologist to serve at the pleasure of the council; and

    (8))) (e) Be actively involved in the preparation of the bureau of forensic laboratory services budget and approve the bureau of forensic laboratory services budget prior to formal submission to the office of financial management pursuant to RCW 43.88.030.

(2) The council shall:

(a) Prescribe qualifications for the position of director of the bureau of forensic laboratory services, after consulting with the chief of the Washington state patrol.  The council shall submit to the chief of the Washington state patrol a list containing the names of up to three persons who the council believes meet its qualifications to serve as director of the bureau of forensic laboratory services.  Minimum qualifications for the director of the bureau of forensic laboratory services must include successful completion of a background investigation and polygraph examination.  If requested by the chief of the Washington state patrol, the forensic investigations council shall submit one additional list of up to three persons who the forensic investigations council believes meet its qualifications.  The appointment must be from one of the lists of persons submitted by the forensic investigations council, and the director of the bureau of forensic laboratory services shall report to the office of the chief of the Washington state patrol;

(b) After consulting with the chief of the Washington state patrol and the director of the bureau of forensic laboratory services, the council shall appoint a toxicologist as state toxicologist, who shall report to the director of the bureau of forensic laboratory services.  The appointee shall meet the minimum standards for employment with the Washington state patrol including successful completion of a background investigation and polygraph examination;

(c) Establish, after consulting with the chief of the Washington state patrol, the policies, objectives, and priorities of the bureau of forensic laboratory services, to be implemented and administered within constraints established by budgeted resources by the director of the bureau of forensic laboratory services;

(d) Set the salary for the director of the bureau of forensic laboratory services; and

(e) Set the salary for the state toxicologist.

    Sec. 6.  RCW 43.43.670 and 1995 c 398 s 1 are each amended to read as follows:

(1) There is created in the Washington state patrol a ((crime)) bureau of forensic laboratory services system which is authorized to:

    (((1))) (a) Provide laboratory services for the purpose of analyzing and scientifically handling any physical evidence relating to any crime.

    (((2))) (b) Provide training assistance for local law enforcement personnel.

    ((The crime laboratory system shall assign priority to a request for services with due regard to whether the case involves criminal activity against persons.  The Washington state forensic investigations council shall assist the crime laboratory system in devising policies to promote the most efficient use of laboratory resources consistent with this section.  The forensic investigations council shall be actively involved in the preparation of the crime laboratory budget and shall approve the crime laboratory budget prior to its formal submission by the state patrol to the office of financial management pursuant to RCW 43.88.030.))

(c) Provide all necessary toxicology services requested by all coroners, medical examiners, and prosecuting attorneys.

(2) The bureau of forensic laboratory services shall assign priority to a request for services with due regard to whether the case involves criminal activity against persons.  The Washington state forensic investigations council shall assist the bureau of forensic laboratory services in devising policies to promote the most efficient use of laboratory services consistent with this section.  The forensic investigations council shall be actively involved in the preparation of the bureau of forensic laboratory services budget and shall approve the bureau of forensic laboratory services budget prior to its formal submission by the state patrol to the office of financial management pursuant to RCW 43.88.030.

    Sec. 7.  RCW 66.08.180 and 1997 c 451 s 3 and 1997 c 321 s 57 are each reenacted and amended to read as follows:

    Except as provided in RCW 66.24.290(1), moneys in the liquor revolving fund shall be distributed by the board at least once every three months in accordance with RCW 66.08.190, 66.08.200 and 66.08.210:  PROVIDED, That the board shall reserve from distribution such amount not exceeding five hundred thousand dollars as may be necessary for the proper administration of this title.

    (1) All license fees, penalties and forfeitures derived under this act from ((class H)) spirits, beer, and wine restaurant licenses or ((class H)) spirits, beer, and wine restaurant licensees shall every three months be disbursed by the board as follows:

    (a) Three hundred thousand dollars per biennium, to the ((University of)) Washington state patrol for the ((forensic investigations council to conduct the)) state ((toxicological laboratory)) toxicology program pursuant to RCW 68.50.107; and

    (b) Of the remaining funds:

    (i) 6.06 percent to the University of Washington and 4.04 percent to Washington State University for alcoholism and drug abuse research and for the dissemination of such research; and

    (ii) 89.9 percent to the general fund to be used by the department of social and health services solely to carry out the purposes of RCW 70.96A.050;

    (2) The first fifty-five dollars per license fee provided in RCW 66.24.320 and 66.24.330 up to a maximum of one hundred fifty thousand dollars annually shall be disbursed every three months by the board to the general fund to be used for juvenile alcohol and drug prevention programs for kindergarten through third grade to be administered by the superintendent of public instruction;

    (3) Twenty percent of the remaining total amount derived from license fees pursuant to RCW 66.24.320, 66.24.330, 66.24.350, and 66.24.360, shall be transferred to the general fund to be used by the department of social and health services solely to carry out the purposes of RCW 70.96A.050; and

    (4) One-fourth cent per liter of the tax imposed by RCW 66.24.210 shall every three months be disbursed by the board to Washington State University solely for wine and wine grape research, extension programs related to wine and wine grape research, and resident instruction in both wine grape production and the processing aspects of the wine industry in accordance with RCW 28B.30.068.  The director of financial management shall prescribe suitable accounting procedures to ensure that the funds transferred to the general fund to be used by the department of social and health services and appropriated are separately accounted for.

    Sec. 8.  RCW 68.50.107 and 1995 c 398 s 10 are each amended to read as follows:

    There shall be established in conjunction with the ((University of)) chief of the Washington ((Medical School)) state patrol and under the authority of the state forensic investigations council a state toxicological laboratory under the direction of the state toxicologist whose duty it will be to perform all necessary toxicologic procedures requested by all coroners, medical examiners, and prosecuting attorneys.  The state forensic investigations council, after consulting with the chief of the Washington state patrol and director of the bureau of forensic laboratory services, shall appoint a toxicologist as state toxicologist, who shall report to the director of the bureau of forensic laboratory services and the office of the chief of the Washington state patrol.  ((The laboratory)) Toxicological services shall be funded by disbursement from the ((class H)) spirits, beer, and wine restaurant license fees as provided in RCW 66.08.180 and by appropriation from the death investigations account as provided in RCW 43.79.445.

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