HOUSE BILL REPORT

                 ESHB 1360

                    As Passed Legislature

Title:  An act relating to private employment for Washington state patrol officers.

Brief Description:  Allowing state patrol officers to engage in private employment.

Sponsors:  By House Committee on Government Administration (originally sponsored by  Representatives K. Schmidt, Scott, Zellinsky and Schoesler).

Brief History:

Committee Activity:

Government Administration:  2/5/97, 2/11/97 [DPS].

Floor Activity:

Passed House:  3/7/97, 95‑0.

Senate Amended.

House Concurred.

Passed Legislature.

HOUSE COMMITTEE ON GOVERNMENT ADMINISTRATION

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  Signed by 12 members:  Representatives D. Schmidt, Chairman; D. Sommers, Vice Chairman; Scott, Ranking Minority Member; Doumit; Dunn; Dunshee; Murray; Reams; Smith; L. Thomas; Wensman and Wolfe.

Staff:  Bronwyn Mauldin (786-7093).

Background: No state employee or officer may use any person, money, or property under his or her official control or direction for private benefit or gain by the employee, officer, or any other person.  An ethics board may adopt rules to allow occasional exceptions to this prohibition.

There is no express authority for, or prohibition against, Washington State Patrol officers engaging in off-duty law enforcement employment for private benefit.

Summary of Bill:  Washington State Patrol officers may engage in private law enforcement off-duty employment, in uniform or private benefit, under guidelines adopted by the chief of the state patrol.  Use of their uniforms will be considered a de minimus use of state property.

The state is immune from liability for actions taken by Washington State Patrol officers while the officers are engaged in private law enforcement off-duty employment.  If a person attempts to sue the state for such actions, that suit must be dismissed. State patrol officers engaged in private law enforcement off-duty employment must inform their private employers in writing that the state is immune from liability for tortious conduct by state patrol officers when they are on duty at such private jobs.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  This bill would allow state troopers to supplement their incomes, which are among the lowest for law enforcement officers in Washington.  It would allow state troopers to do what many police officers and deputy sheriffs in Washington already do.  The Washington State Patrol already contracts out with private firms and other state agencies to provide off-duty law enforcement.

Testimony Against:  There were concerns with the original bill regarding the state=s liability for actions taken by troopers while engaged in off-duty employment, and with which body should be making rules regulating their off-duty employment.

Testified:  Representative Karen Schmidt, prime sponsor; Annette Sandberg, Washington State Patrol (with concerns); Stu Halsan and Bill Ford, Washington State Patrol Lieutenants Associations (pro); Rick Jensen and Mark Soper, Washington State Patrol Troopers Association (pro); and Mike Patrick, Washington State Council of Police Chiefs (pro).