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                          HOUSE BILL 1186

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State of Washington      57th Legislature     2001 Regular Session

By Representatives O'Brien, Lambert, G. Chandler, Casada, Quall, Delvin, Talcott, Reardon, Veloria, Schoesler, Esser, Haigh, Morell, Darneille and D. Schmidt; by request of Military Department

Read first time 01/19/2001.  Referred to Committee on State Government.

Designating the Washington national guard's counterdrug task force as a law enforcement agency for the purposes of participating in the federal asset forfeiture program.

    AN ACT Relating to the Washington national guard; adding a new section to chapter 38.08 RCW; and creating a new section.

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

NEW SECTION. Sec. 1.  The Washington national guard's counterdrug task force has been assisting local, state, and federal agencies in state-wide counternarcotic efforts for the last ten years.  The counterdrug task force supplies trained personnel and specialized equipment to support these antidrug efforts.

    The federal government is authorized to seize property used in connection with the illegal manufacture or distribution of controlled substances under the federal asset forfeiture program.  The departments of justice and treasury are authorized by federal statute to transfer this seized property to any state or local law enforcement agency that participated in the seizure of the property.  However, in order to be eligible to receive the property, the state or local agency that participated in the seizure must be deemed a law enforcement agency.

    The purpose of this act is to recognize the Washington national guard's counterdrug task force as a law enforcement agency strictly for the purposes of allowing the counterdrug task force to receive an equitable share of proceeds under the federal asset forfeiture program.

NEW SECTION. Sec. 2.  A new section is added to chapter 38.08 RCW to read as follows:

    For the limited and specific purpose of receiving an equitable share of proceeds under the federal asset forfeiture program (21 U.S.C. Sec. 881 et seq.), the Washington national guard's counterdrug task force is considered a law enforcement agency.  All proceeds received by the Washington national guard counterdrug task force under the federal asset forfeiture program must be spent in accordance with federal laws and regulations.

    Nothing in this section creates any new law enforcement powers, duties, or obligations for the Washington national guard or the counterdrug task force.  Nothing in this section creates any new rights, obligations, or benefits for pensions, funding, or liabilities afforded existing law enforcement agencies.

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