BP BHEAD INT S

AN ACT Relating to death investigations systems; amending RCW 43.43.680, 46.61.5054, 43.103.030, 43.103.090, 66.08.180, 68.50.107, and 70.58.107; and repealing 1994 c 275 s 44 (uncodified).

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

Sec. 1. RCW 43.43.680 and 1994 c 271 s 501 are each amended to read as follows:

(1) In all prosecutions involving the analysis of a controlled substance or a sample of a controlled substance by the crime laboratory system of the state patrol, a certified copy of the analytical report signed by the supervisor of the state patrol's crime laboratory or the forensic scientist conducting the analysis is prima facie evidence of the results of the analytical findings.

(2) The defendant or a prosecutor may subpoena the forensic scientist who conducted the analysis of the substance to testify at the preliminary hearing and trial of the issue at no cost to the defendant, if the subpoena is issued at least ten days prior to the trial date.

(3) In all prosecutions involving the analysis of a certified simulator solution by the Washington state toxicology laboratory ((~~of the University of Washington~~)), a certified copy of the analytical report signed by the state toxicologist or the toxicologist conducting the analysis is prima facie evidence of the results of the analytical findings, and of certification of the simulator solution used in the BAC verifier datamaster or any other alcohol/breath-testing equipment subsequently adopted by rule.

(4) The defendant of a prosecution may subpoena the toxicologist who conducted the analysis of the simulator solution to testify at the preliminary hearing and trial of the issue at no cost to the defendant, if thirty days prior to issuing the subpoena the defendant gives the state toxicologist notice of the defendant's intention to require the toxicologist's appearance.

Sec. 2. RCW 46.61.5054 and 1994 c 275 s 7 are each amended to read as follows:

(1)(a) In addition to penalties set forth in RCW 46.61.5051 through 46.61.5053, a one hundred twenty-five dollar fee shall be assessed to a person who is either convicted, sentenced to a lesser charge, or given deferred prosecution, as a result of an arrest for violating RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522. This fee is for the purpose of funding the Washington state toxicology laboratory and the Washington state patrol breath test program.

(b) Upon a verified petition by the person assessed the fee, the court may suspend payment of all or part of the fee if it finds that the person does not have the ability to pay.

(c) When a minor has been adjudicated a juvenile offender for an offense which, if committed by an adult, would constitute a violation of RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522, the court shall assess the one hundred twenty-five dollar fee under (a) of this subsection. Upon a verified petition by a minor assessed the fee, the court may suspend payment of all or part of the fee if it finds that the minor does not have the ability to pay the fee.

(2) The fee assessed under subsection (1) of this section shall be collected by the clerk of the court and distributed as follows:

(a) Forty percent shall be subject to distribution under RCW 3.46.120, 3.50.100, 35.20.220, 3.62.020, 3.62.040, or 10.82.070.

(b) ((~~If the case involves a blood test by the state toxicology laboratory,~~)) The remainder of the fee shall be forwarded to the state treasurer ((~~for~~)) who shall deposit: Fifteen percent in the death investigations account to be used solely for funding the state toxicology laboratory blood or breath testing programs((.

~~(c) Otherwise, the remainder of the fee shall be forwarded to the state treasurer for deposit~~)); and eighty-five percent in the state patrol highway account to be used solely for funding the Washington state patrol breath test program.

Sec. 3. RCW 43.103.030 and 1991 c 176 s 2 are each amended to read as follows:

There is created the Washington state death investigations council. The council shall ((~~oversee the~~)) provide a state toxicology laboratory and((~~, together with the president of the University of Washington,~~)) control the laboratory's operation. 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.

Sec. 4. RCW 43.103.090 and 1983 1st ex.s. c 16 s 9 are each amended to read as follows:

The council has the following powers:

(1) To 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 chairman;

(2) To adopt rules governing the council and the conduct of its meetings;

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

(4) To review and, if necessary, require changes in the budget request of the toxicology laboratory; ((~~and~~))

(5) To do anything, necessary or convenient, which enables the council to perform its duties and to exercise its powers;

(6) To appoint a toxicologist as state toxicologist to serve at the pleasure of the council; and

(7) To set the salary for the state toxicologist.

Sec. 5. RCW 66.08.180 and 1987 c 458 s 10 are each amended to read as follows:

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: AND PROVIDED FURTHER, That all license fees, penalties and forfeitures derived under this act from class H licenses or class H licensees shall every three months be disbursed by the board as follows:

(1) 5.95 percent to the University of Washington and 3.97 percent to Washington State University for alcoholism and drug abuse research and for the dissemination of such research;

(2) 1.75 percent, but in no event less than ((~~one~~)) three hundred ((~~fifty~~)) thousand dollars per biennium, to the ((~~University of Washington~~)) death investigations account for the death investigations council to conduct the state toxicological laboratory pursuant to RCW ((~~68.08.107~~)) 68.50.107;

(3) 88.33 percent to the general fund to be used by the department of social and health services solely to carry out the purposes of RCW ((~~70.96.085, as now or hereafter amended~~)) 70.96A.050;

(4) 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;

(5) Twenty percent of the remaining total amount derived from license fees pursuant to RCW 66.24.320, 66.24.330, 66.24.340, 66.24.350, 66.24.360, and 66.24.370, 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 ((~~70.96.085~~)) 70.96A.050; and

(6) 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. 6. RCW 68.50.107 and 1986 c 87 s 2 are each amended to read as follows:

There shall be established ((~~at the University of Washington Medical School~~)) under the authority of the state death 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. ((~~Annually the president of the University of Washington, with the consent of the state death investigations council,~~)) The state death investigations council shall appoint a ((~~competent~~)) toxicologist as state toxicologist ((who shall serve a one year term. The state toxicologist may be reappointed to as many additional one year terms as the president of the university and the death investigations council deem proper. The facilities of the police school of the Washington State University and the services of its professional staff shall be made available to coroners, medical examiners, and prosecuting attorneys in their investigations under this chapter. This)). The laboratory shall be funded by disbursement from the class H license fees as provided in RCW 66.08.180 and by appropriation from the death investigations account as provided in RCW 43.79.445.

Sec. 7. RCW 70.58.107 and 1991 c 3 s 343 are each amended to read as follows:

The department of health shall charge a fee of ((~~eleven~~)) thirteen dollars for certified copies of records and for copies or information provided for research, statistical, or administrative purposes, and eight dollars for a search of the files or records when no copy is made. The department shall prescribe by regulation fees to be paid for preparing sealed files and for opening sealed files.

No fee may be demanded or required for furnishing certified copies of a birth, death, fetal death, marriage, divorce, annulment, or legal separation record for use in connection with a claim for compensation or pension pending before the veterans administration.

The department shall keep a true and correct account of all fees received and turn the fees over to the state treasurer on a weekly basis.

Local registrars shall charge the same fees as the state as hereinabove provided and as prescribed by department regulation, except that local registrars shall charge ((~~eleven~~)) thirteen dollars for the first copy of a death certificate and ((~~six~~)) eight dollars for each additional copy of the same death certificate when the additional copies are ordered at the same time as the first copy. All such fees collected, except for ((~~three~~)) five dollars of each fee for the issuance of a certified copy, shall be paid to the jurisdictional health department.

All local registrars in cities and counties shall keep a true and correct account of all fees received under this section for the issuance of certified copies and shall turn ((~~three~~)) five dollars of the fee over to the state treasurer on or before the first day of January, April, July, and October.

((~~Three~~)) Five dollars of each fee imposed for the issuance of certified copies, except for copies suitable for display issued under RCW 70.58.085, at both the state and local levels shall be held by the state treasurer in the death investigations account established by RCW 43.79.445.

NEW SECTION. Sec. 8. 1994 c 275 s 44 (uncodified) is repealed.