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                    ENGROSSED SENATE BILL 6561

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State of Washington      56th Legislature     2000 Regular Session

By Senators Rossi, Patterson, Horn, Loveland, Heavey, Deccio, Rasmussen, Winsley, T. Sheldon and Haugen

Read first time 01/19/2000.  Referred to Committee on State & Local Government.

Designating the Washington national guard as a law enforcement agency for the purposes of federal drug asset forfeiture laws.

    AN ACT Relating to the Washington national guard; and amending RCW 43.17.150.

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

    Sec. 1.  RCW 43.17.150 and 1986 c 246 s 1 are each amended to read as follows:

    (1) Each state agency is authorized to receive property or money made available by the attorney general of the United States under section 881(e) of Title 21 of the United States Code and, except as required to the contrary under subsection (2) of this section, to use the property or spend the money for such purposes as are permitted under both federal law and the state law specifying the powers and duties of the agency.

    (2) Unless precluded by federal law, all funds received by a state agency under section 881(e) of Title 21 of the United States Code shall be promptly deposited into the public safety and education account established in RCW 43.08.250.

(3) For the limited and specific purpose only, of receiving property or money made available by the attorney general of the United States under section 881(e) of Title 21 of the United States Code, the Washington national guard shall be considered a law enforcement agency.  The Washington national guard shall keep a record of property or money received under this subsection.  The record must include, consistent with 21 U.S.C. Sec. 881, the following:  Whether the national guard retained or disposed of the property; the amount of money received directly; a description of property received and the amount of money realized from disposition of the property; a description and record of the national guard's use of the money or property; and any additional information the national guard deems appropriate.  The Washington national guard shall file an annual report with the legislature and governor setting forth the information required to be recorded under this subsection. Nothing in this subsection creates any new law enforcement powers, duties, or obligations for the Washington national guard.  Nothing in this subsection with respect to the Washington national guard creates any new obligation for pensions, funding, or liabilities afforded existing law enforcement agencies.

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