S-0752.1  _______________________________________________

                         SENATE BILL 5453

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senator Deccio

Read first time 01/23/2001.  Referred to Committee on Environment, Energy & Water.

Authorizing an air pollution control officer to request a search warrant for investigative purposes.

    AN ACT Relating to the investigation of conditions by a control officer; and amending RCW 70.94.200.

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

    Sec. 1.  RCW 70.94.200 and 1987 c 109 s 38 are each amended to read as follows:

    For the purpose of investigating conditions specific to the control, recovery or release of air contaminants into the atmosphere, a control officer, the department, or their duly authorized representatives, shall have the power to enter at reasonable times upon any private or public property, excepting nonmultiple unit private dwellings housing two families or less.  ((No person shall refuse entry or access to any control officer, the department, or their duly authorized representatives, who requests entry for the purpose of inspection, and who presents appropriate credentials; nor shall any person obstruct, hamper or interfere with any such inspection.)) If entry is refused, the control officer, department, or their authorized representatives may apply to any court of competent jurisdiction for a search warrant authorizing access to such property.  The court may upon such application and a proper showing, issue the search warrant for the purposes requested.

                            --- END ---