WSR 03-19-099

PROPOSED RULES

FORENSIC INVESTIGATIONS COUNCIL


[ Filed September 15, 2003, 2:59 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 01-24-097.

Title of Rule: Funding assistance of local jurisdictions for the investigation of multiple deaths.

Purpose: To set forth procedures governing applications for state death investigations account assistance.

Statutory Authority for Adoption: RCW 43.103.090 (1)(d).

Statute Being Implemented: RCW 43.103.090 (1)(d).

Summary: Rules defining terms and prescribing eligibility standards for funding assistance for local jurisdictions in the investigation of multiple deaths from unanticipated, extraordinary, and catastrophic events.

Reasons Supporting Proposal: Chapter 142, Laws of 1999, directed the Forensic Investigations Council to adopt such rules.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Fred A. Johnson, P.O. Box 397, Cathlamet, WA 98612, (360) 795-3652.

Name of Proponent: Washington State Forensic Investigations Council.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Chapter 142, Laws of 1999, authorized the expenditure of up to $250,000.00 per biennium from the state death investigations account to assist local jurisdictions in the investigations of multiple deaths. The act also directed the Forensic Investigations Council to draft implementing rules. The anticipated effect of this rule is to provide funding assistance to local jurisdictions involved in expensive investigations of multiple deaths.

Proposal Changes the Following Existing Rules: There is no existing rule. The proposed rule implements RCW 43.103.090 (1)(d).

No small business economic impact statement has been prepared under chapter 19.85 RCW. Not required by law. This proposed rule has no impact on small business. Because there will not be any increase in cost resulting from the proposed rule, a small business economic impact statement is not required.

RCW 34.05.328 does not apply to this rule adoption. The council is not an agency to which RCW 34.05.328 applies. The proposed rules are not significant legislative rules of the sort referenced in RCW 34.05.328(5).

Hearing Location: Washington Association of Counties Building, Conference Room, 206 Tenth Avenue S.E., Olympia, WA, on October 24, 2003, at 9:30 a.m.

Assistance for Persons with Disabilities: Contact Fred A. Johnson by October 17, 2003, TDD 1-800-833-6388 or (360) 795-3652.

Submit Written Comments to: Fred A. Johnson, P.O. Box 397, Cathlamet, WA 98612, (360) 795-6506, by October 23, 2003.

Date of Intended Adoption: October 24, 2003.

September 15, 2003

Fred A. Johnson

Chair

RULES RELATING TO THE AUTHORIZATION OF FUNDING ASSISTANCE TO LOCAL JURISDICTIONS FOR THE INVESTIGATION OF MULTIPLE DEATHS
NEW SECTION
WAC 218-10-005   Authority.   This chapter is adopted pursuant to Chapter 142, Washington Laws of 1999, relating to the authority of the Forensic Investigations Council to prescribe rules governing the disbursement of funds to local jurisdictions to assist them in the investigation of multiple deaths involving unanticipated, extraordinary, and catastrophic events, or involving multiple jurisdictions.

[]



[NEW SECTION]WAC 218-10-010   Purpose.   The purpose of this chapter is to set forth the procedures governing all applications for state death investigations account assistance.

[]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

[NEW SECTION]WAC 218-10-015   Definitions.   (1) "Death investigation budget" shall mean the local jurisdiction's appropriation into the coroner or medical examiner budgets for the determination of cause and manner of death.

(2) "Local jurisdiction" shall mean a city, town, or county of the State of Washington.

(3) "Multiple deaths involving multiple local jurisdictions" shall mean that the deaths occurred in two or more geographically distinct local jurisdictions.

(4) "Unanticipated" shall mean an event having a disproportionate fiscal impact, relative to the local jurisdiction's death investigation budget and which cannot be reasonably foreseen in the normal budget process.

[]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

[NEW SECTION]WAC 218-10-020   Eligibility standards.   (1) Only the following investigations are eligible for funding assistance:

(a) Investigations of multiple deaths involving unanticipated, extraordinary, and catastrophic events; or

(b) Investigations of multiple deaths involving multiple local jurisdictions.

(2) Funding assistance shall be limited to supplementations of the death investigation budget of a local jurisdiction.

(3) Funding assistance shall not be used to supplant monies reasonably available from other state or federal sources.

[]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

[NEW SECTION]WAC 218-10-025   Application process.   To qualify for consideration and eligibility for assistance from the state death investigations account, the legislative authority of the local jurisdiction shall:

(1) Submit to the Forensic Investigations Council an application on a form approved by the Council; and

(2) Provide any additional information requested by the Forensic Investigations Council, in order to evaluate the request for assistance.

[]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

[NEW SECTION]WAC 218-10-030   Effective date.   (1) This Rule shall take effect on December 1, 2003.

(2) Funding assistance shall be available only for death investigations that commenced after August 1, 2003.

[]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office