H-1042.1 _______________________________________________
HOUSE BILL 1692
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State of Washington 52nd Legislature 1991 Regular Session
By Representatives Padden, Hargrove, Morton, Hochstatter, Fuhrman, Broback, D. Sommers, Holland and Paris.
Read first time February 6, 1991. Referred to Committee on Judiciary.
AN ACT Relating to administrative searches; adding a new section to Title 4 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that the privacy of Washington residents is protected by both the state and federal Constitutions, but local governments can violate the privacy rights of citizens with administrative searches. The legislature further finds that administrative searches of residences should only be made with the informed consent of the occupant of the residence.
NEW SECTION. Sec. 2. A new section is added to Title 4 RCW to read as follows:
A court in this state shall not issue an administrative search warrant for a private residence. This requirement applies to all noncriminal searches. An administrative search of a residence may only be conducted with the fully informed consent of the occupant. The consent must be in writing, with full knowledge that consent to the search is voluntary, that no warrant can be issued, and if a complaint-based inspection program is available, that fact must be disclosed.
"Residence" as used in sections 1 and 2 of this act means a dwelling unit whether such unit be separate or part of a multiunit dwelling, including the land on which such dwelling stands. The term shall also include a share ownership in a cooperative housing association, corporation, or partnership if the person can establish that his or her share represents the specific unit or portion of such structure in which he or she resides.