WSR 04-19-057

PROPOSED RULES

DEPARTMENT OF

GENERAL ADMINISTRATION

[ Filed September 14, 2004, 4:43 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-10-112.

Title of Rule and Other Identifying Information: WAC 236-12-470 Prohibiting access to state capitol buildings and grounds while armed with dangerous weapons or with devices used to disrupt state business.

Hearing Location(s): General Administration Building, Auditorium, 210 Columbia Street, Olympia, WA 98504, on October 27, 2004, at 5:30 p.m. - 7:30 p.m.

Date of Intended Adoption: December 1, 2004.

Submit Written Comments to: Dave Schilperoort, P.O. Box 41019, Olympia, WA 98504-1019, e-mail Dschilp@ga.wa.gov, by November 10, 2004.

Assistance for Persons with Disabilities: Contact Sarah Purce by October 22, 2004, TTY (360) 664-3799 or (360) 902-0975.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department has granted a rule-making petition to amend WAC 236-12-470 relating to carrying firearms on state capitol grounds. The proposed amendment will repeal the prohibition against a person with a concealed pistol license from carrying a firearm on state capitol grounds. The effect will be that a person with a valid concealed pistol license may carry a firearm on state capitol grounds in accordance with the provisions of chapter 9.41 RCW.

Reasons Supporting Proposal: Chapter 9.41 RCW governs the regulation of firearms. RCW 9.41.290, enacted several years after general administration adopted WAC 236-12-470, preempted the field of firearms regulations. As a result, portions of WAC 236-12-470 are inconsistent with statute with regard to a person's authority to carry a firearm if they have a valid concealed pistol license. The proposed amendment to WAC 236-12-470 corrects this inconsistency.

Statutory Authority for Adoption: RCW 43.19.011, 43.19.125, and 46.08.150.

Statute Being Implemented: RCW 43.19.125 and 46.08.150, chapter 9.41 RCW.

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

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The Washington State Patrol provides law enforcement for the state capitol grounds and will be consulted throughout the rule development and implementation process. In addition, general administration's chief of security will consult with members of the Legislative Security Committee and other building tenants on implementation matters relative to the legislative building.

Name of Proponent: General Administration, governmental.

Name of Agency Personnel Responsible for Drafting: Dave Schilperoort, General Administration, 1058 Capitol Way South, Olympia, WA 98504, (360) 902-0944; Implementation: Bill Moore, General Administration, 1058 Capitol Way South, Olympia, WA 98504, (360) 902-0951; and Enforcement: Lowell Porter, Washington State Patrol, 210 Columbia Street, Olympia, WA 98504, (360) 753-6545.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The rule involves rights of individuals, not businesses. There is no cost to businesses.

A cost-benefit analysis is not required under RCW 34.05.328. Per RCW 34.05.328 (5)(a)(ii) the department has elected not to make this rule subject to the provisions of RCW 34.05.328.

September 14, 2004

R. D. Fukai

Director

OTS-7550.1


AMENDATORY SECTION(Amending WSR 99-19-022, filed 9/7/99, effective 10/8/99)

WAC 236-12-470   Prohibiting access to state capitol buildings and grounds while armed with dangerous weapons or with devices used to disrupt state business.   (1) No person shall carry any firearm or other dangerous weapon as described in chapter 9.41 RCW on the state capitol grounds or in any building on the state capitol grounds: Provided, That this regulation shall not apply to duly authorized federal, state, and local law enforcement officers or to any federal, state, and local government employee authorized to carry firearms in the course of their public employment; ((nor shall any)) and: Provided, That a person with a valid Washington state concealed pistol license may carry a firearm in accordance with chapter 9.41 RCW.

(2) No person may carry into any building on the state capitol grounds any voice-amplification equipment, blow horns, sirens, or other similar noise-producing devices which may be used to disrupt the conduct of state business by state employees.

[Statutory Authority: RCW 43.17.060, 43.19.125 and 46.08.150. 99-19-022, 236-12-470, filed 9/7/99, effective 10/8/99; 81-11-001 (Order 81-1), 236-12-470, filed 5/7/81; Order 76-7, 236-12-470, filed 10/18/76.]

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