BILL REQ. #: H-3311.5
| State of Washington | 59th Legislature | 2006 Regular Session |
Prefiled 1/6/2006. Read first time 01/09/2006. Referred to Committee on State Government Operations & Accountability.
AN ACT Relating to the department of public safety; amending RCW 41.06.070, 41.06.167, 41.56.473, 41.56.475, 42.17.2401, 42.56.230, 43.17.010, 43.43.020, 43.43.030, 43.43.050, 43.43.060, 43.43.070, 43.43.080, 43.43.090, 43.43.100, 43.43.110, 43.43.115, 43.43.952, 43.43.970, 43.43.971, 43.43.972, 43.43.973, 43.43.974, 43.43.975, 43.43.500, 43.43.540, 43.43.560, 43.43.570, 43.43.670, 43.43.680, 43.43.700, 43.43.705, 43.43.710, 43.43.715, 43.43.725, 43.43.740, 43.43.742, 43.43.745, 43.43.750, 43.43.752, 43.43.753, 43.43.7532, 43.43.754, 43.43.7541, 43.43.756, 43.43.758, 43.43.759, 43.43.760, 43.43.765, 43.43.815, 43.43.820, 43.43.830, 43.43.832, 43.43.8321, 43.43.834, 43.43.836, 43.43.838, 43.43.839, 43.43.842, 43.43.854, 43.43.856, 43.43.858, 43.43.862, 43.43.864, 43.43.880, 43.43.930, 43.43.934, 43.43.936, 43.43.938, 43.43.940, 43.43.942, 43.43.944, 43.43.946, 43.43.948, 43.43.960, 43.43.961, 43.43.962, 43.43.963, 43.43.964, 43.43.035, 43.43.111, 43.43.112, 43.43.340, 43.43.040, 43.43.120, 43.43.130, 43.43.139, 43.43.165, 43.43.220, 43.43.260, 43.43.270, 43.43.290, 43.43.310, 41.26.030, 41.26.030, 41.37.010, 41.37.015, 4.24.350, 4.24.400, 5.60.060, 7.68.360, 9.35.040, 9.40.100, 9.41.045, 9.41.070, 9.41.090, 9.41.098, 9.41.170, 9.46.130, 9.92.066, 9.94A.612, 9.95.240, 9.96.060, 9A.44.130, 9A.44.135, 9A.44.145, 10.73.170, 10.77.163, 10.93.020, 10.93.140, 10.97.040, 10.97.045, 10.97.080, 10.97.090, 10.98.030, 10.98.040, 10.98.110, 10.98.210, 13.50.050, 13.60.010, 13.60.030, 13.60.100, 13.60.110, 13.60.120, 18.20.130, 18.46.110, 18.51.140, 18.51.145, 18.165.070, 18.170.130, 18.185.040, 18.185.250, 19.27A.110, 19.220.010, 26.10.135, 26.33.190, 26.44.020, 28A.195.080, 28A.400.303, 28A.400.306, 28A.410.010, 29A.08.651, 34.12.035, 34.12.060, 35A.21.161, 36.27.110, 36.28A.070, 38.52.040, 43.06.270, 43.79.445, 43.79.470, 43.89.010, 43.89.030, 43.101.030, 43.101.380, 43.103.020, 43.103.030, 43.103.040, 43.105.330, 46.04.040, 46.08.065, 46.12.047, 46.52.065, 46.72A.090, 46.82.325, 48.05.320, 48.06.040, 48.15.070, 48.17.090, 48.48.030, 48.48.040, 48.48.050, 48.48.060, 48.48.065, 48.48.070, 48.48.080, 48.48.090, 48.48.110, 48.48.140, 48.48.150, 48.48.160, 48.50.020, 48.50.040, 48.53.020, 48.53.060, 48.56.030, 48.102.015, 48.125.050, 63.35.010, 63.35.020, 63.35.060, 66.08.030, 66.24.010, 66.24.025, 66.32.090, 68.50.310, 68.50.320, 68.50.330, 69.43.170, 69.43.180, 70.41.080, 70.74.191, 70.74.360, 70.75.020, 70.75.030, 70.75.040, 70.77.170, 70.77.236, 70.77.250, 70.77.252, 70.77.270, 70.77.305, 70.77.315, 70.77.325, 70.77.330, 70.77.343, 70.77.355, 70.77.360, 70.77.365, 70.77.415, 70.77.430, 70.77.435, 70.77.440, 70.77.450, 70.77.455, 70.77.460, 70.77.548, 70.77.575, 70.77.580, 70.97.210, 70.108.040, 70.160.060, 71.09.115, 71.09.140, 71.12.485, 74.15.030, 74.15.050, 74.15.080, 74.18.123, 82.14.310, 82.14.320, 82.14.330, 82.36.060, 82.38.110, and 82.42.040; reenacting and amending RCW 43.17.020, 43.43.845, 43.08.250, 43.103.090, 68.50.107, 70.77.375, and 79A.05.030; adding a new section to chapter 41.06 RCW; adding a new section to chapter 43.20A RCW; adding a new chapter to Title 43 RCW; adding a new chapter to Title 41 RCW; creating new sections; recodifying RCW 43.43.020, 43.43.030, 43.43.050, 43.43.060, 43.43.070, 43.43.080, 43.43.090, 43.43.100, 43.43.110, 43.43.115, 43.43.550, 43.43.952, 43.43.960, 43.43.961, 43.43.962, 43.43.963, 43.43.964, 43.43.970, 43.43.971, 43.43.972, 43.43.973, 43.43.974, 43.43.975, 43.43.930, 43.43.932, 43.43.934, 43.43.936, 43.43.938, 43.43.940, 43.43.942, 43.43.944, 43.43.946, 43.43.948, 43.43.500, 43.43.510, 43.43.530, 43.43.540, 43.43.560, 43.43.565, 43.43.570, 43.43.670, 43.43.680, 43.43.690, 43.43.700, 43.43.705, 43.43.710, 43.43.715, 43.43.720, 43.43.725, 43.43.730, 43.43.735, 43.43.740, 43.43.742, 43.43.745, 43.43.750, 43.43.752, 43.43.753, 43.43.7532, 43.43.754, 43.43.7541, 43.43.756, 43.43.758, 43.43.759, 43.43.760, 43.43.765, 43.43.770, 43.43.810, 43.43.815, 43.43.820, 43.43.830, 43.43.832, 43.43.8321, 43.43.833, 43.43.834, 43.43.836, 43.43.838, 43.43.839, 43.43.840, 43.43.845, 43.43.854, 43.43.856, 43.43.858, 43.43.860, 43.43.862, 43.43.864, 43.43.866, 43.43.880, 43.43.015, 43.43.035, 43.43.111, 43.43.112, 43.43.330, 43.43.340, 43.43.350, 43.43.360, 43.43.370, 43.43.390, 43.43.400, 43.43.480, 43.43.490, 43.43.900, 43.43.910, 43.43.911, 43.43.040, 43.43.120, 43.43.130, 43.43.135, 43.43.137, 43.43.138, 43.43.139, 43.43.165, 43.43.220, 43.43.230, 43.43.235, 43.43.250, 43.43.260, 43.43.263, 43.43.264, 43.43.270, 43.43.271, 43.43.274, 43.43.278, 43.43.280, 43.43.285, 43.43.290, 43.43.295, 43.43.310, 43.43.320, and 43.43.842; decodifying RCW 43.43.142, 43.43.775, 43.43.780, 43.43.785, 43.43.800, 43.43.852, 43.43.870, 43.89.040, and 43.89.050; repealing RCW 41.06.093, 43.43.010, 43.43.037, 43.43.380, 43.43.600, 43.43.610, 43.43.620, 43.43.630, 43.43.640, 43.43.650, 43.43.655, and 43.43.850; providing effective dates; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 It is the purpose of this act to create a
new department of public safety to provide integrated, efficient, and
appropriate public safety services to the citizens of the state. To
effectuate this purpose, all powers, duties, and functions provided by
the Washington state patrol will be administered through the department
of public safety, which will consist of the Washington state patrol,
the bureau of fire protection, and the newly formed Washington bureau
of investigation. The Washington state patrol will be restructured to
have as its core mission public safety on the state's roadways through
enforcement of the traffic laws, commercial vehicle laws, vehicle
collision investigations, and motorist assistance. The bureau of fire
protection will perform its functions under the department of public
safety rather than under the state patrol. The Washington bureau of
investigation will be created as a division of the department of public
safety to serve as a comprehensive state investigative agency with
jurisdiction to investigate crimes relating to organized crime
activities, drug law violations, and identity theft, and to assist
local jurisdictions, at their request, in the investigation of any
crime. In addition, the Washington bureau of investigation will
maintain and operate the state's forensic laboratory services and
criminal justice information services.
NEW SECTION. Sec. 101 Unless the context clearly requires
otherwise, the definitions in this section apply throughout this
chapter.
(1) "Agent" means an agent of the Washington bureau of
investigation.
(2) "Chief" means the head of the bureau named the Washington state
patrol.
(3) "Department" means the department of public safety.
(4) "Director" means the director of public safety.
(5) "Director of fire protection" means the head of the bureau of
fire protection.
(6) "Director of investigation" means the head of the Washington
bureau of investigation.
(7) "Officer" means an officer of the Washington state patrol.
(8) "Organized crime" means those activities that are conducted and
carried on by members of an organized, disciplined association, engaged
in supplying illegal goods and services and/or engaged in criminal
activities in contravention of the laws of this state or of the United
States.
(9) "Patrol," "state patrol," and "Washington state patrol" mean
the bureau named the Washington state patrol.
NEW SECTION. Sec. 102 There is created a department of state
government to be known as the department of public safety. The
department is vested with all powers and duties transferred to it under
this chapter and such other powers and duties as may be authorized by
law.
NEW SECTION. Sec. 103 The executive head and appointing
authority of the department is the director. The director shall be
appointed by the governor, with the consent of the senate, and shall
serve at the pleasure of the governor. The director shall be paid a
salary to be fixed by the governor in accordance with RCW 43.03.040.
If a vacancy occurs in the position while the senate is not in session,
the governor shall make a temporary appointment until the next meeting
of the senate.
NEW SECTION. Sec. 104 It is the intent of the legislature
wherever possible to place the internal affairs of the department under
the control of the director in order that the director may institute
therein the flexible, alert, and intelligent management of its business
that changing contemporary circumstances require. Therefore, whenever
the director's authority is not specifically limited by law, the
director has complete charge and supervisory powers over the
department. The director may create such administrative structures as
the director considers appropriate, except as otherwise specified by
law. The director may employ such assistants and personnel as
necessary for the general administration of the department. This
employment shall be in accordance with the state civil service law,
chapter 41.06 RCW, except as otherwise provided. The functions of
audit and inspection, government and media, labor and risk management,
management services, and departmental psychologist shall reside within
the office of the director.
NEW SECTION. Sec. 105 The department shall be subdivided into
three bureaus: The Washington state patrol; the Washington bureau of
investigation; and the bureau of fire protection. Except as otherwise
specified or as federal requirements may differently require, these
bureaus shall be established and organized in accordance with this
chapter and plans to be prepared by the director and approved by the
governor. In preparing such plans, the director shall endeavor to
promote efficient public management, to improve programs, and to take
full advantage of the economies, both fiscal and administrative, to be
gained from the consolidation of functions and agencies under this
chapter.
NEW SECTION. Sec. 106 The director shall appoint a deputy
director, a department personnel director, and such bureau directors
and assistant directors as may be needed to administer the department.
The appointments of the chief and the director of investigation are
subject to consent of the senate, as provided in sections 110 and 111
of this act. The deputy director shall have charge and general
supervision of the department in the absence or disability of the
director and, in case of a vacancy in the office of director, shall
continue in charge of the department until a successor is appointed and
qualified, or until the governor appoints an acting director.
NEW SECTION. Sec. 107 Any power or duty vested in or transferred
to the director by law or executive order may be delegated by the
director to the deputy director or to any other assistant or
subordinate; but the director shall be responsible for the official
acts of the officers and employees of the department.
NEW SECTION. Sec. 108 The director may appoint such advisory
committees or councils as may be required by any federal legislation as
a condition to the receipt of federal funds by the department. The
director may also appoint statewide committees or councils on such
subject matters as are or come within the department's
responsibilities. The statewide committees and councils shall have
representation from both major political parties and shall have
substantial consumer representation. The committees or councils shall
be constituted as required by federal law or as the director may
determine. The members of the committees or councils shall hold office
as follows: One-third to serve one year; one-third to serve two years;
and one-third to serve three years. Upon expiration of the original
terms, subsequent appointments shall be for three years except in the
case of a vacancy, in which event appointment shall be only for the
remainder of the unexpired term for which the vacancy occurs. No
member may serve more than two consecutive terms.
Members of such state advisory committees or councils may be paid
their travel expenses in accordance with RCW 43.03.050 and 43.03.060.
NEW SECTION. Sec. 109 In furtherance of the policy of the state
to cooperate with the federal government in all of the programs under
the jurisdiction of the department, such rules as may become necessary
to entitle the state to participate in federal funds may be adopted,
unless expressly prohibited by law. Any internal reorganization
carried out under the terms of this chapter shall meet federal
requirements that are a necessary condition to state receipt of federal
funds. Any section or provision of law dealing with the department
that may be susceptible to more than one construction shall be
interpreted in favor of the construction most likely to comply with
federal laws entitling this state to receive federal funds for the
various programs of the department. If any law dealing with the
department is ruled to be in conflict with federal requirements that
are a prescribed condition of the allocation of federal funds to the
state, or to any departments or agencies thereof, the conflicting part
is declared to be inoperative solely to the extent of the conflict.
NEW SECTION. Sec. 110 The Washington state patrol shall be
headed by the chief of the Washington state patrol. The chief shall be
appointed by the director with the consent of the senate. Members of
the Washington state patrol shall be known as Washington state patrol
officers. The core functions of this bureau are providing traffic law
enforcement, collision investigation, and motorist assists on state and
interstate highways; enforcing commercial motor vehicle rules; and
providing protection for executive branch officers.
NEW SECTION. Sec. 111 (1) The Washington bureau of investigation
shall be headed by the director of investigation. The director of
investigation shall be appointed by the director with the consent of
the senate. Members of the investigative divisions of the Washington
bureau of investigation shall be known as Washington bureau of
investigation agents.
(2) The Washington bureau of investigation has four core functions:
(a) Assisting local law enforcement agencies, at their request,
with investigations of crimes;
(b) Investigating crimes relating to organized crime activities,
drug law violations, public misconduct and corruption cases, and
identity theft;
(c) Providing forensic science services to law enforcement agencies
throughout the state; and
(d) Maintaining the state's criminal justice information system.
(3) The Washington bureau of investigation shall consist of four
divisions as provided for in this subsection.
(a) The criminal investigations division, which:
(i) May, only upon the request of a local law enforcement agency,
aid local jurisdictions in the investigation of any crime; and
(ii) Has jurisdiction to investigate any crime relating to
organized crime activities, public corruption and misconduct, and
identity theft;
(b) The narcotics investigation division, which:
(i) Has jurisdiction to investigate all drug crimes;
(ii) Provides investigative assistance to law enforcement agencies
for the purpose of enforcement of drug laws, including coordinating
local, state, and federal interjurisdictional narcotics investigations,
and providing training to local undercover narcotics agents; and
(iii) Participates in and/or may supervise local and
multijurisdictional narcotics task forces;
(c) The forensic laboratory services division, which shall continue
the functions of the forensic laboratory services bureau of the
Washington state patrol before the effective date of this section, by
performing forensic laboratory services, including the crime lab and
the toxicology lab; and
(d) The criminal justice information division, which shall continue
the functions of the criminal records division of the Washington state
patrol before the effective date of this section, including:
(i) Identification and criminal history, including criminal history
record information and the automated fingerprint identification system;
and
(ii) Criminal telecommunications such as ACCESS, the national law
enforcement telecommunications system, and the national crime
information center systems.
NEW SECTION. Sec. 112 (1) The public safety commission is
created. The purpose of the public safety commission is to provide
effective communication between the department and the public and to
establish and maintain accountability and credibility of the department
with the public.
(2) The public safety commission has the following powers:
(a) To hear any complaint against the department, any of the
divisions within the department, and any officer or agent of the
department. The commission shall establish procedures for the filing
and hearing of complaints. The commission shall have access to
relevant information, personnel or investigative files, or other
records of the department relating to the complaint being investigated.
The commission shall maintain the confidentiality of all such records
or files that are confidential and not subject to public disclosure.
A hearing on a complaint must be conducted in executive session and not
be open to the public. Any evidence or information received in
connection with a hearing is confidential and not subject to public
disclosure;
(b) To make recommendations to the director of needed disciplinary
action as a result of an investigation conducted pursuant to the
commission's complaint process;
(c) To review and make findings regarding completed internal or
disciplinary investigations conducted by the department; and
(d) To study and make recommendations to the director regarding
department policies and practices relating to hiring, training, and
disciplinary processes, and other policies and practices that impact
the department's relationship with and accountability to the community.
(3) The commission consists of seven members who are appointed by
the governor and confirmed by the senate. Four members of the
commission shall represent the lay citizenry, one member shall be a
prosecuting attorney, one member shall be a sheriff, and one member
shall be a chief of police.
(4) The term of office of each commission member is four years,
except that for the first appointments, the following terms apply: One
member for a term of one year; two members for a term of two years; two
members for a term of three years; and two members for a term of four
years. A member may serve more than one term on the commission. Each
member shall continue to serve so long as the member is qualified until
a successor is appointed and confirmed by the senate. A vacancy
occurring during a term shall be filled for the unexpired portion of
the term by the same procedure used to make regular appointments.
(5) The commission shall annually elect a chair and vice-chair from
among its members. The commission shall adopt rules of procedure for
the performance of its functions.
(6) Members of the commission shall serve without salary but may be
reimbursed for travel and other expenses in performing their duties in
accordance with RCW 43.03.050 and 43.03.060.
NEW SECTION. Sec. 113 The bureau of fire protection shall
continue the programs that were performed by the fire protection bureau
of the Washington state patrol before the effective date of this
section. The bureau is responsible for maintaining a comprehensive
state policy regarding fire protection services and advising the
director on matters relating to the duties of the department under
state law.
NEW SECTION. Sec. 114 A new section is added to chapter 41.06
RCW to read as follows:
In addition to the exemptions under RCW 41.06.070, the provisions
of this chapter shall not apply in the department of public safety to
the director, the director's personal secretary, the deputy director,
all bureau directors and assistant directors, and one confidential
secretary for each of these officers.
Sec. 115 RCW 41.06.070 and 2002 c 354 s 209 are each amended to
read as follows:
(1) The provisions of this chapter do not apply to:
(a) The members of the legislature or to any employee of, or
position in, the legislative branch of the state government including
members, officers, and employees of the legislative council, joint
legislative audit and review committee, statute law committee, and any
interim committee of the legislature;
(b) The justices of the supreme court, judges of the court of
appeals, judges of the superior courts or of the inferior courts, or to
any employee of, or position in the judicial branch of state
government;
(c) Officers, academic personnel, and employees of technical
colleges;
(d) The officers of the Washington state patrol and agents of the
Washington bureau of investigation;
(e) Elective officers of the state;
(f) The chief executive officer of each agency;
(g) In the departments of employment security and social and health
services, the director and the director's confidential secretary; in
all other departments, the executive head of which is an individual
appointed by the governor, the director, his or her confidential
secretary, and his or her statutory assistant directors;
(h) In the case of a multimember board, commission, or committee,
whether the members thereof are elected, appointed by the governor or
other authority, serve ex officio, or are otherwise chosen:
(i) All members of such boards, commissions, or committees;
(ii) If the members of the board, commission, or committee serve on
a part-time basis and there is a statutory executive officer: The
secretary of the board, commission, or committee; the chief executive
officer of the board, commission, or committee; and the confidential
secretary of the chief executive officer of the board, commission, or
committee;
(iii) If the members of the board, commission, or committee serve
on a full-time basis: The chief executive officer or administrative
officer as designated by the board, commission, or committee; and a
confidential secretary to the chair of the board, commission, or
committee;
(iv) If all members of the board, commission, or committee serve ex
officio: The chief executive officer; and the confidential secretary
of such chief executive officer;
(i) The confidential secretaries and administrative assistants in
the immediate offices of the elective officers of the state;
(j) Assistant attorneys general;
(k) Commissioned and enlisted personnel in the military service of
the state;
(l) Inmate, student, part-time, or temporary employees, and part-time professional consultants, as defined by the Washington personnel
resources board;
(m) The public printer or to any employees of or positions in the
state printing plant;
(n) Officers and employees of the Washington state fruit
commission;
(o) Officers and employees of the Washington ((state)) apple
((advertising)) commission;
(p) Officers and employees of the Washington state dairy products
commission;
(q) Officers and employees of the Washington tree fruit research
commission;
(r) Officers and employees of the Washington state beef commission;
(s) Officers and employees of any commission formed under chapter
15.66 RCW;
(t) Officers and employees of agricultural commissions formed under
chapter 15.65 RCW;
(u) Officers and employees of the nonprofit corporation formed
under chapter 67.40 RCW;
(v) Executive assistants for personnel administration and labor
relations in all state agencies employing such executive assistants
including but not limited to all departments, offices, commissions,
committees, boards, or other bodies subject to the provisions of this
chapter and this subsection shall prevail over any provision of law
inconsistent herewith unless specific exception is made in such law;
(w) In each agency with fifty or more employees: Deputy agency
heads, assistant directors or division directors, and not more than
three principal policy assistants who report directly to the agency
head or deputy agency heads;
(x) All employees of the marine employees' commission;
(y) Staff employed by the department of community, trade, and
economic development to administer energy policy functions and manage
energy site evaluation council activities under RCW 43.21F.045(2)(m);
(z) Staff employed by Washington State University to administer
energy education, applied research, and technology transfer programs
under RCW 43.21F.045 as provided in RCW 28B.30.900(5).
(2) The following classifications, positions, and employees of
institutions of higher education and related boards are hereby exempted
from coverage of this chapter:
(a) Members of the governing board of each institution of higher
education and related boards, all presidents, vice-presidents, and
their confidential secretaries, administrative, and personal
assistants; deans, directors, and chairs; academic personnel; and
executive heads of major administrative or academic divisions employed
by institutions of higher education; principal assistants to executive
heads of major administrative or academic divisions; other managerial
or professional employees in an institution or related board having
substantial responsibility for directing or controlling program
operations and accountable for allocation of resources and program
results, or for the formulation of institutional policy, or for
carrying out personnel administration or labor relations functions,
legislative relations, public information, development, senior computer
systems and network programming, or internal audits and investigations;
and any employee of a community college district whose place of work is
one which is physically located outside the state of Washington and who
is employed pursuant to RCW 28B.50.092 and assigned to an educational
program operating outside of the state of Washington;
(b) The governing board of each institution, and related boards,
may also exempt from this chapter classifications involving research
activities, counseling of students, extension or continuing education
activities, graphic arts or publications activities requiring
prescribed academic preparation or special training as determined by
the board: PROVIDED, That no nonacademic employee engaged in office,
clerical, maintenance, or food and trade services may be exempted by
the board under this provision;
(c) Printing craft employees in the department of printing at the
University of Washington.
(3) In addition to the exemptions specifically provided by this
chapter, the director of personnel may provide for further exemptions
pursuant to the following procedures. The governor or other
appropriate elected official may submit requests for exemption to the
director of personnel stating the reasons for requesting such
exemptions. The director of personnel shall hold a public hearing,
after proper notice, on requests submitted pursuant to this subsection.
If the director determines that the position for which exemption is
requested is one involving substantial responsibility for the
formulation of basic agency or executive policy or one involving
directing and controlling program operations of an agency or a major
administrative division thereof, the director of personnel shall grant
the request and such determination shall be final as to any decision
made before July 1, 1993. The total number of additional exemptions
permitted under this subsection shall not exceed one percent of the
number of employees in the classified service not including employees
of institutions of higher education and related boards for those
agencies not directly under the authority of any elected public
official other than the governor, and shall not exceed a total of
twenty-five for all agencies under the authority of elected public
officials other than the governor.
The salary and fringe benefits of all positions presently or
hereafter exempted except for the chief executive officer of each
agency, full-time members of boards and commissions, administrative
assistants and confidential secretaries in the immediate office of an
elected state official, and the personnel listed in subsections (1)(j)
through (u) and (x) and (2) of this section, shall be determined by the
director of personnel. Changes to the classification plan affecting
exempt salaries must meet the same provisions for classified salary
increases resulting from adjustments to the classification plan as
outlined in RCW 41.06.152.
Any person holding a classified position subject to the provisions
of this chapter shall, when and if such position is subsequently
exempted from the application of this chapter, be afforded the
following rights: If such person previously held permanent status in
another classified position, such person shall have a right of
reversion to the highest class of position previously held, or to a
position of similar nature and salary.
Any classified employee having civil service status in a classified
position who accepts an appointment in an exempt position shall have
the right of reversion to the highest class of position previously
held, or to a position of similar nature and salary.
A person occupying an exempt position who is terminated from the
position for gross misconduct or malfeasance does not have the right of
reversion to a classified position as provided for in this section.
Sec. 116 RCW 41.06.167 and 2005 c 274 s 279 are each amended to
read as follows:
The department of personnel shall undertake comprehensive
compensation surveys for officers and entry-level officer candidates of
the Washington state patrol and agents and entry-level agent candidates
of the Washington bureau of investigation, with such surveys to be
conducted in the year prior to the convening of every other one hundred
five day regular session of the state legislature. Salary and fringe
benefit survey information collected from private employers which
identifies a specific employer with the salary and fringe benefit rates
which that employer pays to its employees shall not be subject to
public disclosure under chapter 42.56 RCW.
Sec. 117 RCW 41.56.473 and 2005 c 438 s 1 are each amended to
read as follows:
(1) In addition to the entities listed in RCW 41.56.020, this
chapter applies to the state with respect to the officers of the
Washington state patrol and agents of the Washington bureau of
investigation appointed under RCW 43.43.020 (as recodified by this
act), except that the state is prohibited from negotiating any matters
relating to retirement benefits or health care benefits or other
employee insurance benefits.
(2) For the purposes of negotiating wages, wage-related matters,
and nonwage matters, the state shall be represented by the governor or
the governor's designee who is appointed under chapter 41.80 RCW, and
costs of the negotiations under this section shall be reimbursed as
provided in RCW 41.80.140.
(3) The governor or the governor's designee shall consult with the
((chief of the Washington state patrol)) director of the department of
public safety regarding collective bargaining.
(4) The negotiation of provisions pertaining to wages and wage-related matters in a collective bargaining agreement between the state
and the Washington state patrol officers and agents of the Washington
bureau of investigation is subject to the following:
(a) The state's bargaining representative must periodically consult
with a subcommittee of the joint committee on employment relations
created in RCW 41.80.010(5) which shall consist of the four members
appointed to the joint committee with leadership positions in the
senate and the house of representatives, and the chairs and ranking
minority members of the senate transportation committee and the house
transportation committee, or their successor committees. The
subcommittee must be consulted regarding the appropriations necessary
to implement these provisions in a collective bargaining agreement and,
on completion of negotiations, must be advised on the elements of these
provisions.
(b) Provisions that are entered into before the legislature
approves the funds necessary to implement the provisions must be
conditioned upon the legislature's subsequent approval of the funds.
(5) The governor shall submit a request for funds necessary to
implement the wage and wage-related matters in the collective
bargaining agreement or for legislation necessary to implement the
agreement. Requests for funds necessary to implement the provisions of
bargaining agreements may not be submitted to the legislature by the
governor unless such requests:
(a) Have been submitted to the director of financial management by
October 1st before the legislative session at which the requests are to
be considered; and
(b) Have been certified by the director of financial management as
being feasible financially for the state or reflects the decision of an
arbitration panel reached under RCW 41.56.475.
Sec. 118 RCW 41.56.475 and 2005 c 438 s 2 are each amended to
read as follows:
In addition to the classes of employees listed in RCW 41.56.030(7),
the provisions of RCW 41.56.430 through 41.56.452 and 41.56.470,
41.56.480, and 41.56.490 also apply to Washington state patrol officers
and Washington bureau of investigation agents appointed under RCW
43.43.020 (as recodified by this act) as provided in this section,
subject to the following:
(1) The mediator or arbitration panel may consider only matters
that are subject to bargaining under RCW 41.56.473.
(2) The decision of an arbitration panel is not binding on the
legislature and, if the legislature does not approve the funds
necessary to implement provisions pertaining to wages and wage-related
matters of an arbitrated collective bargaining agreement, is not
binding on the state or the ((Washington state patrol)) department of
public safety.
(3) In making its determination, the arbitration panel shall be
mindful of the legislative purpose enumerated in RCW 41.56.430 and, as
additional standards or guidelines to aid it in reaching a decision,
shall take into consideration the following factors:
(a) The constitutional and statutory authority of the employer;
(b) Stipulations of the parties;
(c) Comparison of the hours and conditions of employment of
personnel involved in the proceedings with the hours and conditions of
employment of like personnel of like employers of similar size on the
west coast of the United States;
(d) Changes in any of the foregoing circumstances during the
pendency of the proceedings; and
(e) Such other factors, not confined to the foregoing, which are
normally or traditionally taken into consideration in the determination
of matters that are subject to bargaining under RCW 41.56.473.
Sec. 119 RCW 42.17.2401 and 2005 c 424 s 17 are each amended to
read as follows:
For the purposes of RCW 42.17.240, the term "executive state
officer" includes:
(1) The chief administrative law judge, the director of
agriculture, the administrator of the Washington basic health plan, the
director of the department of services for the blind, the director of
the state system of community and technical colleges, the director of
community, trade, and economic development, the secretary of
corrections, the director of ecology, the commissioner of employment
security, the chair of the energy facility site evaluation council, the
secretary of the state finance committee, the director of financial
management, the director of fish and wildlife, the executive secretary
of the forest practices appeals board, the director of the gambling
commission, the director of general administration, the secretary of
health, the administrator of the Washington state health care
authority, the executive secretary of the health care facilities
authority, the executive secretary of the higher education facilities
authority, the executive secretary of the horse racing commission, the
executive secretary of the human rights commission, the executive
secretary of the indeterminate sentence review board, the director of
the department of information services, the director of the interagency
committee for outdoor recreation, the executive director of the state
investment board, the director of labor and industries, the director of
licensing, the director of the lottery commission, the director of the
office of minority and women's business enterprises, the director of
parks and recreation, the director of personnel, the executive director
of the public disclosure commission, the director of retirement
systems, the director of revenue, the secretary of social and health
services, the ((chief of the Washington state patrol)) director of
public safety, the executive secretary of the board of tax appeals, the
secretary of transportation, the secretary of the utilities and
transportation commission, the director of veterans affairs, the
president of each of the regional and state universities and the
president of The Evergreen State College, each district and each campus
president of each state community college;
(2) Each professional staff member of the office of the governor;
(3) Each professional staff member of the legislature; and
(4) Central Washington University board of trustees, board of
trustees of each community college, each member of the state board for
community and technical colleges, state convention and trade center
board of directors, committee for deferred compensation, Eastern
Washington University board of trustees, Washington economic
development finance authority, The Evergreen State College board of
trustees, executive ethics board, forest practices appeals board,
forest practices board, gambling commission, life sciences discovery
fund authority board of trustees, Washington health care facilities
authority, each member of the Washington health services commission,
higher education coordinating board, higher education facilities
authority, horse racing commission, state housing finance commission,
human rights commission, indeterminate sentence review board, board of
industrial insurance appeals, information services board, interagency
committee for outdoor recreation, state investment board, commission on
judicial conduct, legislative ethics board, liquor control board,
lottery commission, marine oversight board, Pacific Northwest electric
power and conservation planning council, parks and recreation
commission, ((personnel appeals board,)) board of pilotage
commissioners, pollution control hearings board, public disclosure
commission, public pension commission, shorelines hearing board, public
employees' benefits board, salmon recovery funding board, board of tax
appeals, transportation commission, University of Washington board of
regents, utilities and transportation commission, Washington state
maritime commission, Washington personnel resources board, Washington
public power supply system executive board, Washington State University
board of regents, Western Washington University board of trustees, and
fish and wildlife commission.
Sec. 120 RCW 42.56.230 and 2005 c 274 s 403 are each amended to
read as follows:
The following personal information is exempt from public inspection
and copying under this chapter:
(1) Personal information in any files maintained for students in
public schools, patients or clients of public institutions or public
health agencies, or welfare recipients;
(2) Personal information in files maintained for employees,
appointees, or elected officials of any public agency to the extent
that disclosure would violate their right to privacy;
(3) Information or evidence received in connection with hearings
conducted by the public safety commission under section 112 of this
act;
(4) Information required of any taxpayer in connection with the
assessment or collection of any tax if the disclosure of the
information to other persons would (a) be prohibited to such persons by
RCW 84.08.210, 82.32.330, 84.40.020, or 84.40.340 or (b) violate the
taxpayer's right to privacy or result in unfair competitive
disadvantage to the taxpayer; and
(((4))) (5) Credit card numbers, debit card numbers, electronic
check numbers, card expiration dates, or bank or other financial
account numbers, except when disclosure is expressly required by or
governed by other law.
Sec. 121 RCW 43.17.010 and 2005 c 333 s 10 are each amended to
read as follows:
There shall be departments of the state government which shall be
known as (1) the department of social and health services, (2) the
department of ecology, (3) the department of labor and industries, (4)
the department of agriculture, (5) the department of fish and wildlife,
(6) the department of transportation, (7) the department of licensing,
(8) the department of general administration, (9) the department of
community, trade, and economic development, (10) the department of
veterans affairs, (11) the department of revenue, (12) the department
of retirement systems, (13) the department of corrections, (14) the
department of health, (15) the department of financial institutions,
((and)) (16) the department of archaeology and historic preservation,
and (17) the department of public safety, which shall be charged with
the execution, enforcement, and administration of such laws, and
invested with such powers and required to perform such duties, as the
legislature may provide.
Sec. 122 RCW 43.17.020 and 2005 c 333 s 11 and 2005 c 319 s 2 are
each reenacted and amended to read as follows:
There shall be a chief executive officer of each department to be
known as: (1) The secretary of social and health services, (2) the
director of ecology, (3) the director of labor and industries, (4) the
director of agriculture, (5) the director of fish and wildlife, (6) the
secretary of transportation, (7) the director of licensing, (8) the
director of general administration, (9) the director of community,
trade, and economic development, (10) the director of veterans affairs,
(11) the director of revenue, (12) the director of retirement systems,
(13) the secretary of corrections, (14) the secretary of health, (15)
the director of financial institutions, ((and)) (16) the director of
the department of archaeology and historic preservation, and (17) the
director of public safety.
Such officers, except the director of fish and wildlife, shall be
appointed by the governor, with the consent of the senate, and hold
office at the pleasure of the governor. The director of fish and
wildlife shall be appointed by the fish and wildlife commission as
prescribed by RCW 77.04.055.
NEW SECTION. Sec. 123 (1) The powers, duties, and functions of
the Washington state patrol are hereby transferred to the department of
public safety. Except when referring to the bureau named the
Washington state patrol or the person in charge of that bureau,
references to the chief or the Washington state patrol in the Revised
Code of Washington shall be construed to mean the director or the
department of public safety. Any references to the authority of the
chief or the chief of the Washington state patrol in the Revised Code
of Washington to adopt rules or standards shall be construed to mean
the director.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material in the possession of the Washington state
patrol shall be delivered to the custody of the department of public
safety. All cabinets, furniture, office equipment, motor vehicles, and
other tangible property employed by the Washington state patrol shall
be made available to the department of public safety. All funds,
credits, or other assets held by the Washington state patrol shall be
assigned to the department of public safety.
(b) Any appropriations made to the Washington state patrol shall,
on the effective date of this section, be transferred and credited to
the department of public safety.
(c) If any question arises as to the transfer of any personnel,
funds, books, documents, records, papers, files, equipment, or other
tangible property used or held in the exercise of the powers and the
performance of the duties and functions transferred, the director of
financial management shall make a determination as to the proper
allocation and certify the same to the state agencies concerned.
(3) All employees of the Washington state patrol are transferred to
the jurisdiction of the department of public safety. All employees
classified under chapter 41.06 RCW, the state civil service law, are
assigned to the department of public safety to perform their usual
duties upon the same terms as formerly, without any loss of rights,
subject to any action that may be appropriate thereafter in accordance
with the laws and rules governing state civil service.
(4) All rules and all pending business before the Washington state
patrol shall be continued and acted upon by the department of public
safety. All existing contracts and obligations shall remain in full
force and shall be performed by the department of public safety.
(5) The transfer of the powers, duties, functions, and personnel of
the Washington state patrol shall not affect the validity of any act
performed before the effective date of this section.
(6) If apportionments of budgeted funds are required because of the
transfers directed by this section, the director of financial
management shall certify the apportionments to the agencies affected,
the state auditor, and the state treasurer. Each of these shall make
the appropriate transfer and adjustments in funds and appropriation
accounts and equipment records in accordance with the certification.
(7) Nothing contained in this section may be construed to alter any
existing collective bargaining unit or the provisions of any existing
collective bargaining agreement until the agreement has expired or
until the bargaining unit has been modified by action of the personnel
resources board as provided by law.
Sec. 201 RCW 43.43.020 and 2005 c 434 s 4 are each amended to
read as follows:
((The governor, with the advice and consent of the senate, shall
appoint the chief of the Washington state patrol, determine his
compensation, and may remove him at will.))
The ((chief)) director shall appoint a sufficient number of
competent persons to act as Washington state patrol officers and bureau
of investigation agents, may remove them for cause, as provided in this
chapter, and shall make promotional appointments, determine their
compensation, and define their rank and duties, as ((hereinafter))
provided in this chapter. Before a person may be appointed to act as
((a Washington state patrol)) an officer or an agent, the person shall
meet the minimum standards for employment with the ((Washington state
patrol)) department, including successful completion of a psychological
examination and polygraph examination or similar assessment procedure
administered by the ((chief)) director or his or her designee in
accordance with the requirements of RCW 43.101.095(2). Agents must
complete the on-the-job training required for Washington state patrol
officers at the state patrol academy.
The ((chief)) director may appoint employees of the Washington
state patrol or Washington bureau of investigation to serve as special
deputies, with such restricted police authority as the ((chief))
director shall designate as being necessary and consistent with their
assignment to duty. Such appointment and conferral of authority shall
not qualify said employees for membership in the Washington state
patrol retirement system, nor shall it grant tenure of office as a
regular officer of the Washington state patrol.
The ((chief)) director may personally appoint, with the consent of
the state treasurer, employees of the office of the state treasurer who
are qualified under the standards of the criminal justice training
commission, or who have comparable training and experience, to serve as
special deputies. The law enforcement powers of any special deputies
appointed in the office of the state treasurer shall be designated by
the ((chief)) director and shall be restricted to those powers
necessary to provide for statewide security of the holdings or property
of or under the custody of the office of the state treasurer. These
appointments may be revoked by the ((chief)) director at any time and
shall be revoked upon the written request of the state treasurer or by
operation of law upon termination of the special deputy's employment
with the office of the state treasurer or thirty days after the
((chief)) director who made the appointment leaves office. The
((chief)) director shall be civilly immune for the acts of such special
deputies. Such appointment and conferral of authority ((shall)) does
not qualify such employees for membership in the ((Washington)) state
patrol retirement system, nor ((shall)) does it grant tenure of office
as a regular officer ((of the Washington state patrol)) or an agent.
Sec. 202 RCW 43.43.030 and 1965 c 8 s 43.43.030 are each amended
to read as follows:
The director of investigation and agents of the Washington bureau
of investigation, and the chief and other officers of the Washington
state patrol shall have and exercise, throughout the state, such police
powers and duties as are vested in sheriffs and peace officers
generally, and such other powers and duties as are prescribed by law.
Sec. 203 RCW 43.43.050 and 1965 c 8 s 43.43.050 are each amended
to read as follows:
((Washington state patrol)) Officers and agents shall be entitled
to retain their ranks and positions until death or resignation, or
until suspended, demoted, or discharged in the manner hereinafter
provided.
Sec. 204 RCW 43.43.060 and 1984 c 141 s 1 are each amended to
read as follows:
The ((chief of the Washington state patrol)) director may suspend
or demote any officer or agent with probationary status, without
preferring charges against the officer or agent, and without a hearing.
Sec. 205 RCW 43.43.070 and 1984 c 141 s 2 are each amended to
read as follows:
Discharge of any officer or agent with probationary status and
discharge, demotion, or suspension of any officer or agent with
nonprobationary status shall be only for cause, which shall be clearly
stated in a written complaint, sworn to by the person preferring the
charges, and served upon the officer or agent complained of.
Upon being so served, any ((such)) officer ((shall be)) is entitled
to a public hearing before a trial board consisting of two ((Washington
state patrol)) officers of the rank of captain, and one officer of
equal rank with the officer complained of, who shall be selected by the
((chief of the Washington state patrol)) director by lot from the
roster of the patrol. An agent is entitled to a hearing before a trial
board consisting of three agents, who shall be selected by the director
by lot from a roster of agents. In the case of complaint by an officer
or agent, such officer or agent shall not be a member of the trial
board.
Sec. 206 RCW 43.43.080 and 1989 c 28 s 1 are each amended to read
as follows:
When the complaint served upon an officer or agent is of a criminal
nature calling for the discharge of the officer or agent, the ((chief
of the patrol)) director may immediately suspend the officer or agent
without pay pending a trial board hearing. The board shall be convened
no later than forty-five days from the date of suspension. However,
this does not preclude the granting of a mutually agreed upon
extension; in such cases the officer or agent shall remain on
suspension without pay.
An officer or agent complained of may waive a hearing and accept
the proposed discipline by written notice to the ((chief of the
patrol)) director.
Sec. 207 RCW 43.43.090 and 1989 c 28 s 2 are each amended to read
as follows:
At the hearing, an administrative law judge appointed under chapter
34.12 RCW shall be the presiding officer, and shall make all necessary
rulings in the course of the hearing, but shall not be entitled to
vote.
The complainant and the officer or agent complained of may submit
evidence, and be represented by counsel, and a full and complete record
of the proceedings, and all testimony, shall be taken down by a
stenographer.
After hearing, the findings of the trial board shall be submitted
to the ((chief)) director. Such findings shall be final if the charges
are not sustained. In the event the charges are sustained the
((chief)) director may determine the proper disciplinary action and
declare it by written order served upon the officer or agent complained
of.
Sec. 208 RCW 43.43.100 and 1984 c 141 s 4 are each amended to
read as follows:
Any officer or agent subjected to disciplinary action may, within
ten days after the service of the order upon the officer or agent,
apply to the superior court of Thurston county for a writ of review to
have the reasonableness and lawfulness of the order inquired into and
determined.
The superior court shall review the determination of the ((chief of
the Washington state patrol)) director in a summary manner, based upon
the record of the hearing before the trial board, and shall render its
decision within ninety days, either affirming or reversing the order of
the ((chief)) director, or remanding the matter to the ((chief))
director for further action. A transcript of the trial board hearing
shall be provided to the court by the ((state patrol)) department after
being paid for by the officer or agent subjected to disciplinary
action. However, if the officer or agent prevails before the court,
the ((state patrol)) department shall reimburse the officer or agent
for the cost of the transcript.
Sec. 209 RCW 43.43.110 and 1965 c 8 s 43.43.110 are each amended
to read as follows:
If as a result of any trial board hearing, or review proceeding, an
officer or agent complained of is found not guilty of the charges
against him or her, he or she shall be immediately reinstated to his or
her former position, and be reimbursed for any loss of salary suffered
by reason of the previous disciplinary action.
Sec. 210 RCW 43.43.115 and 1993 c 438 s 1 are each amended to
read as follows:
Whenever real property owned by the state of Washington and under
the jurisdiction of the ((Washington state patrol)) department is no
longer required, it may be sold at fair market value. All proceeds
received from the sale of real property, less any real estate broker
commissions, shall be deposited into the state patrol highway account:
PROVIDED, That if accounts or funds other than the state patrol highway
account have contributed to the purchase or improvement of the real
property, the office of financial management shall determine the
proportional equity of each account or fund in the property and
improvements, and shall direct the proceeds to be deposited
proportionally therein.
Sec. 211 RCW 43.43.952 and 1995 c 369 s 64 are each amended to
read as follows:
(1) The legislature finds that provisions for information systems
relating to statistics and reporting for fire prevention, suppression,
and damage control do not adequately address the needs of ongoing
investigations of fire incidents where the cause is suspected or
determined to be the result of negligence or otherwise suggestive of
some criminal activity, particularly that of arson. It is the intent
of the legislature to establish an information and reporting system
designed specifically to assist state and local officers in conducting
such investigations and, where substantiated, to undertake prosecution
of individuals suspected of such activities.
(2)(a) In addition to the information provided by local officials
about the cause, origin, and extent of loss in fires under chapter
48.48 RCW, there is hereby created the state arson investigation
information system in the ((Washington state patrol)) department.
(b) The ((chief of the Washington state patrol)) director shall
develop the arson investigation information system in consultation with
representatives of the various state and local officials charged with
investigating fires resulting from suspicious or criminal activities
under chapter 48.48 RCW and of the insurance industry.
(c) The arson investigation information system shall be designed to
include at least the following attributes: (i) The information
gathered and reported shall meet the diverse needs of state and local
investigating agencies; (ii) the forms and reports are drafted in
understandable terms of common usage; and (iii) the results shall be
adaptable to the varying levels of available resources, maintained in
a manner to foster data sharing and mutual aid activities, and made
available to other law enforcement agencies responsible for criminal
investigations.
(d) All insurers required to report claim information under the
provisions of chapter 48.50 RCW shall cooperate fully with any requests
from the ((chief of the Washington state patrol)) director in
developing and maintaining the arson investigation information system.
The confidentiality provisions of that chapter shall be fully enforced.
Sec. 212 RCW 43.43.970 and 2003 c 405 s 6 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Agency" means any general purpose law enforcement agency as
defined in RCW 10.93.020.
(2) "Board" means the state law enforcement mobilization policy
board.
(3) (("Chief" means the chief of the Washington state patrol.)) "Chief law enforcement officer" means the chief of police or
sheriff responsible for law enforcement services in the jurisdiction in
which the emergency is occurring.
(4)
(((5))) (4) "General authority Washington peace officer" means a
general authority Washington peace officer as defined in RCW 10.93.020.
(((6))) (5) "Host agency" means the law enforcement agency that
requests statewide mobilization under RCW 43.43.970 through 43.43.975
(as recodified by this act).
(((7))) (6) "Mobilization" means a redistribution of regional and
statewide law enforcement resources in response to an emergency or
disaster situation.
(((8))) (7) "Mutual aid" means emergency interagency assistance
provided without compensation pursuant to an agreement under chapter
39.34 RCW.
(((9))) (8) "Resource coordination" means the effort to locate and
arrange for the delivery of resources needed by chief law enforcement
officers.
(((10))) (9) "State law enforcement resource coordinator" means a
designated individual or agency selected by the ((chief)) director to
perform the responsibilities of that position.
Sec. 213 RCW 43.43.971 and 2003 c 405 s 7 are each amended to
read as follows:
(1) The state law enforcement mobilization policy board shall be
established by the ((chief)) director and shall have representatives
from each of the regions established in RCW 43.43.974 (as recodified by
this act). In carrying out its duty, the board shall consult with and
solicit recommendations from representatives of the state and local law
enforcement and emergency management organizations, and regional law
enforcement mobilization committees.
(2) The board shall establish and make recommendations to the
((chief)) director on the refinement and maintenance of the Washington
state law enforcement mobilization plan, including the procedures to be
used during an emergency or disaster response requiring coordination of
local, regional, and state law enforcement resources.
(3) The ((chief)) director shall review the Washington state law
enforcement mobilization plan, as submitted by the board, recommend
changes as necessary, and may approve the plan. The plan shall be
consistent with the Washington state comprehensive emergency management
plan. The ((chief)) director may recommend the plan for inclusion
within the state comprehensive emergency management plan established
under chapter 38.52 RCW.
Sec. 214 RCW 43.43.972 and 2003 c 405 s 8 are each amended to
read as follows:
(1) Local law enforcement may request mobilization only in response
to an emergency or disaster exceeding the capabilities of available
local resources and those available through existing mutual aid
agreements. Upon finding that the local jurisdiction has exhausted all
available resources, it is the responsibility of the ((chief)) director
to determine whether mobilization is the appropriate response to the
emergency or disaster and, if so, to mobilize jurisdictions under the
Washington state law enforcement mobilization plan.
(2) Upon mobilization, the ((chief)) director shall appoint a state
law enforcement resource coordinator, and an alternate, who shall serve
jointly with the chief law enforcement officer from the host agency to
command the mobilization effort consistent with incident command system
procedures.
(3) Upon mobilization, all law enforcement resources including
those of the host agency and those that responded earlier under an
existing mutual aid or other agreement shall be mobilized.
Mobilization may include the redistribution of regional or statewide
law enforcement resources to either direct emergency incident
assignments or to assignments in communities where law enforcement
resources are needed.
(4) For the duration of the mobilization:
(a) Host agency resources shall become state law enforcement
mobilization resources, under the command of the state law enforcement
resource coordinator and the chief law enforcement officer from the
host agency, consistent with the state law enforcement mobilization
plan and incident command system procedures; and
(b) All law enforcement authorities providing resources in response
to a mobilization declaration shall be eligible for expense
reimbursement as provided by this chapter.
(5) The ((chief)) director, in consultation with the regional law
enforcement resource coordinator, shall determine when mobilization is
no longer required and shall then declare the end to the mobilization.
Sec. 215 RCW 43.43.973 and 2003 c 405 s 9 are each amended to
read as follows:
(1) The state law enforcement resource coordinator, or alternate,
shall serve in that capacity for the duration of the mobilization.
(2) The duties of the coordinator are to:
(a) Coordinate the mobilization of law enforcement and other
support resources within a region;
(b) Be primarily responsible for the coordination of resources in
conjunction with the regional law enforcement mobilization committees,
in the case of incidents involving more than one region or when
resources from more than one region must be mobilized; and
(c) Advise and consult with the ((chief)) director regarding what
resources are required in response to the emergency or disaster and in
regard to when the mobilization should end.
Sec. 216 RCW 43.43.974 and 2003 c 405 s 10 are each amended to
read as follows:
(1) Regions within the state are initially established as follows
and may be adjusted as necessary by the state law enforcement policy
board, but should remain consistent with the Washington state fire
defense regions:
(a) Central region - Grays Harbor, Thurston, Pacific, and Lewis
counties;
(b) Lower Columbia region - Kittitas, Yakima, and Klickitat
counties;
(c) Mid-Columbia region - Chelan, Douglas, and Grant counties;
(d) Northeast region - Okanogan, Ferry, Stevens, Pend Oreille,
Spokane, Adams, and Lincoln counties;
(e) Northwest region - Whatcom, Skagit, Snohomish, San Juan, and
Island counties;
(f) Olympic region - Clallam and Jefferson counties;
(g) South Puget Sound region - Kitsap, Mason, King, and Pierce
counties;
(h) Southeast region - Benton, Franklin, Walla Walla, Columbia,
Whitman, Garfield, and Asotin counties;
(i) Southwest region - Wahkiakum, Cowlitz, Clark, and Skamania
counties.
(2) Within each of the regions there is created a regional law
enforcement mobilization committee. The committees shall consist of
the sheriff of each county in the region, ((the district commander of
the Washington state patrol from the region)) a regional representative
of the department, a number of police chiefs within the region
equivalent to the number of counties within the region plus one, and
the director of the counties' emergency management office. The police
chief members of each regional committee must include the chiefs of
police of each city of ninety-five thousand or more population, and the
number of members of the committee shall be increased if necessary to
accommodate such chiefs. Members of each regional mobilization
committee shall select a chair, who shall have authority to implement
the regional plan, and a secretary as officers. Members serving on the
regional mobilization committees shall not be eligible for
reimbursement for meeting-related expenses from the state.
(3) The regional mobilization committees shall work with the
relevant local government entities to facilitate development of
intergovernmental agreements if any such agreements are required to
implement a regional law enforcement mobilization plan.
(4) Regional mobilization committees shall develop regional law
enforcement mobilization plans that include provisions for organized
law enforcement agencies to respond across municipal, county, or
regional boundaries. Each regional mobilization plan shall be
consistent with the incident command system, the Washington state law
enforcement mobilization plan, and regional response plans adopted
prior to July 27, 2003.
(5) Each regional plan adopted under subsection (4) of this section
shall be approved by the state law enforcement mobilization policy
board before implementation.
Sec. 217 RCW 43.43.975 and 2003 c 405 s 11 are each amended to
read as follows:
The ((state patrol)) department in consultation with the Washington
association of sheriffs and police chiefs and the office of financial
management shall develop procedures to facilitate reimbursement to
jurisdictions from funds appropriated specifically for this purpose
when jurisdictions are mobilized under the Washington state law
enforcement mobilization plan.
Nothing in this chapter shall be construed or interpreted to limit
the eligibility of any nonhost law enforcement authority for
reimbursement of expenses incurred in providing law enforcement
resources for mobilization.
Sec. 301 RCW 43.43.500 and 1998 c 67 s 1 are each amended to read
as follows:
There is established the Washington state crime information center
to be located in the ((records)) criminal justice information division
of the Washington ((state patrol)) bureau of investigation and to
function under the direction of the ((chief of the Washington state
patrol)) director of investigation. The center shall serve to
coordinate crime information, by means of data processing, for all law
enforcement agencies in the state. It shall make such use of the
facilities of the law enforcement teletype system as is practical. It
shall provide access to the national crime information center, to motor
vehicle and driver license information, to the sex offender central
registry, and to such other public records as may be accessed by data
processing and which are pertinent to law enforcement.
Sec. 302 RCW 43.43.540 and 2002 c 118 s 2 are each amended to
read as follows:
The county sheriff shall (1) forward the information, photographs,
and fingerprints obtained pursuant to RCW 9A.44.130, including any
notice of change of address, to the Washington ((state patrol)) bureau
of investigation within five working days; and (2) upon implementation
of RCW 4.24.550(5)(a), forward any information obtained pursuant to RCW
9A.44.130 that is necessary to operate the registered sex offender web
site described in RCW 4.24.550(5)(a) to the Washington association of
sheriffs and police chiefs within five working days of receiving the
information, including any notice of change of address or change in
risk level notification. The ((state patrol)) bureau of investigation
shall maintain a central registry of sex offenders and kidnapping
offenders required to register under RCW 9A.44.130 and shall adopt
rules consistent with chapters 10.97((,)) and 10.98((,)) RCW and
((43.43 RCW)) this chapter as are necessary to carry out the purposes
of RCW 9A.44.130, 9A.44.140, 10.01.200, 43.43.540 (as recodified by
this act), 46.20.187, 70.48.470, and 72.09.330. The Washington ((state
patrol)) bureau of investigation shall reimburse the counties for the
costs of processing the offender registration, including taking the
fingerprints and the photographs.
Sec. 303 RCW 43.43.560 and 1986 c 196 s 1 are each amended to
read as follows:
(((1))) To support criminal justice services in the local
communities throughout this state, the ((state patrol)) bureau of
investigation shall ((develop a plan for and implement an)) administer
the automatic fingerprint information system. In ((implementing))
administering the automatic fingerprint information system, the ((state
patrol)) bureau of investigation shall either purchase or lease the
appropriate computer systems. If the ((state patrol)) bureau of
investigation leases a system, the lease agreement shall include
purchase options. The ((state patrol)) bureau of investigation shall
procure the most efficient system available.
(((2) The state patrol shall report on the automatic fingerprint
information system to the legislature no later than January 1, 1987.
The report shall include a time line for implementing each stage, a
local agency financial participation analysis, a system analysis, a
full cost/purchase analysis, a vendor bid evaluation, and a space
location analysis that includes a site determination. The state patrol
shall coordinate the preparation of this report with the office of
financial management.))
Sec. 304 RCW 43.43.570 and 2005 c 373 s 2 are each amended to
read as follows:
(1) No local law enforcement agency may establish or operate an
automatic fingerprint identification system unless both the hardware
and software of the local system use an interface compatible with the
state system under RCW 43.43.560 (as recodified by this act). The
local law enforcement agency shall be able to transmit a tenprint
record to the state system through any available protocol which meets
accepted industry standards, and the state system must be able to
accept tenprint records which comply with those requirements. When
industry transmission protocols change, the Washington ((state patrol))
bureau of investigation shall incorporate these new standards as
funding and reasonable system engineering practices permit. The
tenprint transmission from any local law enforcement agency must be in
accordance with the current version of the state electronic fingerprint
transmission specification.
(2) No later than January 1, 2007, the Washington ((state
patrol's)) bureau of investigation's automatic fingerprint
identification system shall be capable of instantly accepting
electronic latent search records from any Washington state local law
enforcement agency. If specific funding for the purposes of this
subsection is not provided by June 30, 2006, in the omnibus
appropriations act, or if funding is not obtained from another source
by June 30, 2006, this subsection is null and void.
(3) A local law enforcement agency operating an automatic
fingerprint identification system shall transmit data on fingerprint
entries to the Washington ((state patrol)) bureau of investigation
electronically. This requirement shall be in addition to those under
RCW 10.98.050 and 43.43.740 (as recodified by this act).
(4) Any personnel functions necessary to prepare fingerprints for
searches under this section shall be the responsibility of the
submitting agency.
(5) The ((Washington state patrol)) department shall adopt rules to
implement this section.
Sec. 305 RCW 43.43.670 and 1999 c 40 s 6 are each amended to read
as follows:
(1) ((There is created in)) The Washington ((state patrol a))
bureau of investigation forensic laboratory services ((system which))
division is authorized to:
(a) Provide laboratory services for the purpose of analyzing and
scientifically handling any physical evidence relating to any crime.
(b) Provide training assistance for local law enforcement
personnel.
(c) Provide all necessary toxicology services requested by all
coroners, medical examiners, and prosecuting attorneys.
(2) The ((bureau of)) forensic laboratory services division shall
assign priority to a request for services with due regard to whether
the case involves criminal activity against persons. The Washington
state forensic investigations council shall assist the ((bureau of))
forensic laboratory services division in devising policies to promote
the most efficient use of laboratory services consistent with this
section. The forensic investigations council shall be actively
involved in the preparation of the bureau of forensic laboratory
services budget and shall approve the bureau of forensic laboratory
services budget prior to its formal submission by the ((state patrol))
director to the office of financial management pursuant to RCW
43.88.030.
Sec. 306 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)) bureau of investigation, a certified
copy of the analytical report signed by the supervisor of the ((state
patrol's)) bureau of investigation'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/
(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. 307 RCW 43.43.700 and 1998 c 141 s 2 are each amended to
read as follows:
((There is hereby established within)) The Washington ((state
patrol)) bureau of investigation's criminal justice information
division shall operate a section on identification, child abuse,
vulnerable adult abuse, and criminal history ((hereafter)), referred to
in RCW 43.43.700 through 43.43.770 (as recodified by this act) as the
section.
In order to aid the administration of justice the section shall
install systems for the identification of individuals, including the
fingerprint system and such other systems as the chief deems necessary.
The section shall keep a complete record and index of all information
received in convenient form for consultation and comparison.
The section shall obtain from whatever source available and file
for record the fingerprints, palmprints, photographs, or such other
identification data as it deems necessary, of persons who have been or
shall hereafter be lawfully arrested and charged with, or convicted of
any criminal offense. The section may obtain like information
concerning persons arrested for or convicted of crimes under the laws
of another state or government.
The section shall also contain like information concerning persons,
over the age of eighteen years, who have been found to have physically
abused or sexually abused or exploited a child pursuant to a dependency
proceeding under chapter 13.34 RCW, or to have abused or financially
exploited a vulnerable adult pursuant to a protection proceeding under
chapter 74.34 RCW.
Sec. 308 RCW 43.43.705 and 1999 c 151 s 1101 are each amended to
read as follows:
Upon the receipt of identification data from criminal justice
agencies within this state, the section shall immediately cause the
files to be examined and upon request shall promptly return to the
contributor of such data a transcript of the record of previous arrests
and dispositions of the persons described in the data submitted.
Upon application, the section shall furnish to criminal justice
agencies, or to the department of social and health services,
((hereinafter)) referred to in RCW 43.43.700 through 43.43.770 (as
recodified by this act) as the "department", a transcript of the
criminal offender record information, dependency record information, or
protection proceeding record information available pertaining to any
person of whom the section has a record.
For the purposes of RCW 43.43.700 through 43.43.785 (as recodified
by this act) the following words and phrases shall have the following
meanings:
"Criminal offender record information" includes, and shall be
restricted to identifying data and public record information recorded
as the result of an arrest or other initiation of criminal proceedings
and the consequent proceedings related thereto. "Criminal offender
record information" shall not include intelligence, analytical, or
investigative reports and files.
"Criminal justice agencies" are those public agencies within or
outside the state which perform, as a principal function, activities
directly relating to the apprehension, prosecution, adjudication or
rehabilitation of criminal offenders.
"Dependency record information" includes and shall be restricted to
identifying data regarding a person, over the age of eighteen, who was
a party to a dependency proceeding brought under chapter 13.34 RCW and
who has been found, pursuant to such dependency proceeding, to have
sexually abused or exploited or physically abused a child.
"Protection proceeding record information" includes and shall be
restricted to identifying data regarding a person, over eighteen, who
was a respondent to a protection proceeding brought under chapter 74.34
RCW and who has been found pursuant to such a proceeding to have abused
or financially exploited a vulnerable adult.
The section may refuse to furnish any information pertaining to the
identification or history of any person or persons of whom it has a
record, or other information in its files and records, to any applicant
if the ((chief)) director of investigation determines that the
applicant has previously misused information furnished to such
applicant by the section or the ((chief)) director of investigation
believes that the applicant will not use the information requested
solely for the purpose of due administration of the criminal laws or
for the purposes enumerated in RCW 43.43.760(((3))) (4) (as recodified
by this act). The applicant may appeal such determination by notifying
the ((chief)) director of investigation in writing within thirty days.
The hearing shall be before an administrative law judge appointed under
chapter 34.12 RCW and in accordance with procedures for adjudicative
proceedings under chapter 34.05 RCW.
Sec. 309 RCW 43.43.710 and 1995 c 369 s 13 are each amended to
read as follows:
Information contained in the files and records of the section
relative to the commission of any crime by any person shall be
considered privileged and shall not be made public or disclosed for any
personal purpose or in any civil court proceedings except upon a
written order of the judge of a court wherein such civil proceedings
are had. All information contained in the files of the section
relative to criminal records and personal histories of persons arrested
for the commission of a crime shall be available to all criminal
justice agencies upon the filing of an application as provided in RCW
43.43.705 (as recodified by this act).
Although no application for information has been made to the
section as provided in RCW 43.43.705 (as recodified by this act), the
section may transmit such information in the ((chief's)) director of
investigation's discretion, to such agencies as are authorized by RCW
43.43.705 (as recodified by this act) to make application for it.
Sec. 310 RCW 43.43.715 and 1989 c 334 s 8 are each amended to
read as follows:
The section shall, consistent with the procedures set forth in
chapter 152, Laws of 1972 ex. sess., cooperate with all other criminal
justice agencies, and the department of social and health services,
within or without the state, in an exchange of information regarding
convicted criminals and those suspected of or wanted for the commission
of crimes, and persons who are the subject of dependency record
information or protection proceeding record information, to the end
that proper identification may rapidly be made and the ends of justice
served.
Sec. 311 RCW 43.43.725 and 1985 c 201 s 11 are each amended to
read as follows:
Any copy of a criminal offender record, photograph, fingerprint, or
other paper or document in the files of the section, including
dependency record information, certified by the ((chief)) director of
investigation or his or her designee to be a true and complete copy of
the original or of information on file with the section, shall be
admissible in evidence in any court of this state pursuant to the
provisions of RCW 5.44.040.
Sec. 312 RCW 43.43.740 and 1989 c 334 s 10 are each amended to
read as follows:
(1) It shall be the duty of the sheriff or director of public
safety of every county, and the chief of police of every city or town,
and of every chief officer of other law enforcement agencies duly
operating within this state to furnish within seventy-two hours from
the time of arrest to the section the required sets of fingerprints
together with other identifying data as may be prescribed by the
((chief)) director of investigation, of any person lawfully arrested,
fingerprinted, and photographed pursuant to RCW 43.43.735 (as
recodified by this act).
(2) Law enforcement agencies may retain and file copies of the
fingerprints, photographs, and other identifying data and information
obtained pursuant to RCW 43.43.735 (as recodified by this act). Said
records shall remain in the possession of the law enforcement agency as
part of the identification record and are not returnable to the
subjects thereof.
(3) It shall be the duty of the court having jurisdiction over the
dependency action to furnish dependency record information, obtained
pursuant to RCW 43.43.735 (as recodified by this act), to the section
within seven days, excluding Saturdays, Sundays, and holidays, from the
date that the court enters a finding, pursuant to a dependency action
brought under chapter 13.34 RCW, that a person over the age of
eighteen, who is a party to the dependency action, has sexually abused
or exploited or physically abused a child.
(4) The court having jurisdiction over the dependency or protection
proceeding action may retain and file copies of the fingerprints,
photographs, and other identifying data and information obtained
pursuant to RCW 43.43.735 (as recodified by this act). These records
shall remain in the possession of the court as part of the
identification record and are not returnable to the subjects thereof.
(5) It shall be the duty of a court having jurisdiction over the
protection proceeding to furnish protection proceeding record
information, obtained under RCW 43.43.735 (as recodified by this act)
to the section within seven days, excluding Saturdays, Sundays, and
holidays, from the date that the court enters a final order pursuant to
a protection proceeding brought under chapter 74.34 RCW, that a person
over the age of eighteen, who is the respondent to the protection
proceeding, has abused or financially exploited a vulnerable adult as
that term is defined in RCW 43.43.830 (as recodified by this act).
(6) The section shall administer periodic compliance audits for the
department of licensing and each court having jurisdiction over
dependency and protection proceeding actions as defined in chapters
13.34 and 74.34 RCW, respectively. Such audits shall ensure that all
dependency record information regarding persons over the age of
eighteen years has been furnished to the section as required in
subsection (3) of this section.
Sec. 313 RCW 43.43.742 and 1987 c 450 s 4 are each amended to
read as follows:
The ((Washington state patrol)) department shall adopt rules
concerning submission of fingerprints taken by local agencies after
July 26, 1987, from persons for license application or other
noncriminal purposes. The ((Washington state patrol)) department may
charge fees for submission of fingerprints which will cover as nearly
as practicable the direct and indirect costs to the ((Washington state
patrol)) department of processing such submission.
Sec. 314 RCW 43.43.745 and 1994 c 129 s 7 are each amended to
read as follows:
(1) It shall be the duty of the sheriff or director of public
safety of every county, of the chief of police of each city or town, or
of every chief officer of other law enforcement agencies operating
within this state, to record the fingerprints of all persons held in or
remanded to their custody when convicted of any crime as provided for
in RCW 43.43.735 (as recodified by this act) for which the penalty of
imprisonment might be imposed and to disseminate and file such
fingerprints in the same manner as those recorded upon arrest pursuant
to RCW 43.43.735 and 43.43.740 (as recodified by this act).
(2) Every time the secretary authorizes a furlough as provided for
in RCW 72.66.012 the department of corrections shall notify, thirty
days prior to the beginning of such furlough, the sheriff or director
of public safety of the county to which the prisoner is being
furloughed, the nearest Washington ((state patrol)) bureau of
investigation district facility in the county wherein the furloughed
prisoner is to be residing, and other similar criminal justice agencies
that the named prisoner has been granted a furlough, the place to which
furloughed, and the dates and times during which the prisoner will be
on furlough status. In the case of an emergency furlough the thirty-day time period shall not be required but notification shall be made as
promptly as possible and before the prisoner is released on furlough.
(3) Disposition of the charge for which the arrest was made shall
be reported to the section at whatever stage in the proceedings a final
disposition occurs by the arresting law enforcement agency, county
prosecutor, city attorney, or court having jurisdiction over the
offense: PROVIDED, That the ((chief)) director shall ((promulgate))
adopt rules pursuant to chapter 34.05 RCW to carry out the provisions
of this subsection.
(4) Whenever a person serving a sentence for a term of confinement
in a state correctional facility for convicted felons, pursuant to
court commitment, is released on an order of the state indeterminate
sentence review board, or is discharged from custody on expiration of
sentence, the department of corrections shall promptly notify the
sheriff or director of public safety, the nearest Washington ((state
patrol)) bureau of investigation district facility, and other similar
criminal justice agencies that the named person has been released or
discharged, the place to which such person has been released or
discharged, and the conditions of his or her release or discharge.
Local law enforcement agencies shall require persons convicted of
sex offenses to register pursuant to RCW 9A.44.130. In addition,
nothing in this section shall be construed to prevent any local law
enforcement authority from recording the residency and other
information concerning any convicted felon or other person convicted of
a criminal offense when such information is obtained from a source
other than from registration pursuant to RCW 9A.44.130 which source may
include any officer or other agency or subdivision of the state.
(5) The existence of the notice requirement in subsection (2) of
this section will not require any extension of the release date in the
event the release plan changes after notification.
Sec. 315 RCW 43.43.750 and 1972 ex.s. c 152 s 11 are each amended
to read as follows:
In exercising their duties and authority under RCW 43.43.735 and
43.43.740 (as recodified by this act), the sheriffs, directors of
public safety, chiefs of police, and other chief law enforcement
officers, may, consistent with constitutional and legal requirements,
use such reasonable force as is necessary to compel an unwilling person
to submit to being photographed, or fingerprinted, or to submit to any
other identification procedure, except interrogation, which will result
in obtaining physical evidence serving to identify such person. No one
having the custody of any person subject to the identification
procedures provided for in chapter 152, Laws of 1972 ex. sess., and no
one acting in his aid or under his direction, and no one concerned in
such publication as is provided for in RCW 43.43.740 (as recodified by
this act), shall incur any liability, civil or criminal, for anything
lawfully done in the exercise of the provisions of chapter 152, Laws of
1972 ex. sess.
Sec. 316 RCW 43.43.752 and 1989 c 350 s 2 are each amended to
read as follows:
(1) To support criminal justice services in the local communities
throughout this state, the ((state patrol)) bureau of investigation in
consultation with the University of Washington school of medicine shall
develop a plan for and establish a DNA identification system. In
implementing the plan, the ((state patrol)) bureau of investigation
shall purchase the appropriate equipment and supplies. The ((state
patrol)) bureau of investigation shall procure the most efficient
equipment available.
(2) The DNA identification system as established shall be
compatible with that ((utilized)) used by the federal bureau of
investigation.
(((3) The state patrol and the University of Washington school of
medicine shall report on the DNA identification system to the
legislature no later than November 1, 1989. The report shall include
a timeline for implementing each stage, a local agency financial
participation analysis, a system analysis, a full cost/purchase
analysis, a vendor bid evaluation, and a space location analysis that
includes a site determination. The state patrol shall coordinate the
preparation of this report with the office of financial management.))
Sec. 317 RCW 43.43.753 and 2002 c 289 s 1 are each amended to
read as follows:
The legislature finds that recent developments in molecular biology
and genetics have important applications for forensic science. It has
been scientifically established that there is a unique pattern to the
chemical structure of the deoxyribonucleic acid (DNA) contained in each
cell of the human body. The process for identifying this pattern is
called "DNA identification."
The legislature further finds that DNA data bases are important
tools in criminal investigations, in the exclusion of individuals who
are the subject of investigations or prosecutions, and in detecting
recidivist acts. It is the policy of this state to assist federal,
state, and local criminal justice and law enforcement agencies in both
the identification and detection of individuals in criminal
investigations and the identification and location of missing and
unidentified persons. Therefore, it is in the best interest of the
state to establish a DNA data base and DNA data bank containing DNA
samples submitted by persons convicted of felony offenses and DNA
samples necessary for the identification of missing persons and
unidentified human remains.
The legislature further finds that the DNA identification system
used by the federal bureau of investigation and the Washington ((state
patrol)) bureau of investigation has no ability to predict genetic
disease or predisposal to illness. Nonetheless, the legislature
intends that biological samples collected under RCW 43.43.754 (as
recodified by this act), and DNA identification data obtained from the
samples, be used only for purposes related to criminal investigation,
identification of human remains or missing persons, or improving the
operation of the system authorized under RCW 43.43.752 through
43.43.758 (as recodified by this act).
Sec. 318 RCW 43.43.7532 and 2002 c 289 s 5 are each amended to
read as follows:
The state DNA data base account is created in the custody of the
state treasurer. All receipts under RCW 43.43.7541 (as recodified by
this act) must be deposited into the account. Expenditures from the
account may be used only for creation, operation, and maintenance of
the DNA data base under RCW 43.43.754 (as recodified by this act).
Only the ((chief of the Washington state patrol)) director or the
((chief's)) director's designee may authorize expenditures from the
account. The account is subject to allotment procedures under chapter
43.88 RCW, but an appropriation is not required for expenditures.
Sec. 319 RCW 43.43.754 and 2002 c 289 s 2 are each amended to
read as follows:
(1) Every adult or juvenile individual convicted of a felony,
stalking under RCW 9A.46.110, harassment under RCW 9A.46.020,
communicating with a minor for immoral purposes under RCW 9.68A.090, or
adjudicated guilty of an equivalent juvenile offense must have a
biological sample collected for purposes of DNA identification analysis
in the following manner:
(a) For persons convicted of such offenses or adjudicated guilty of
an equivalent juvenile offense who do not serve a term of confinement
in a department of corrections facility, and do serve a term of
confinement in a city or county jail facility, the city or county shall
be responsible for obtaining the biological samples either as part of
the intake process into the city or county jail or detention facility
for those persons convicted on or after July 1, 2002, or within a
reasonable time after July 1, 2002, for those persons incarcerated
before July 1, 2002, who have not yet had a biological sample
collected, beginning with those persons who will be released the
soonest.
(b) For persons convicted of such offenses or adjudicated guilty of
an equivalent juvenile offense who do not serve a term of confinement
in a department of corrections facility, and do not serve a term of
confinement in a city or county jail facility, the local police
department or sheriff's office is responsible for obtaining the
biological samples after sentencing on or after July 1, 2002.
(c) For persons convicted of such offenses or adjudicated guilty of
an equivalent juvenile offense, who are serving or who are to serve a
term of confinement in a department of corrections facility or a
department of social and health services facility, the facility holding
the person shall be responsible for obtaining the biological samples
either as part of the intake process into such facility for those
persons convicted on or after July 1, 2002, or within a reasonable time
after July 1, 2002, for those persons incarcerated before July 1, 2002,
who have not yet had a biological sample collected, beginning with
those persons who will be released the soonest.
(2) Any biological sample taken pursuant to RCW 43.43.752 through
43.43.758 (as recodified by this act) may be retained by the forensic
laboratory services ((bureau)) division, and shall be used solely for
the purpose of providing DNA or other tests for identification analysis
and prosecution of a criminal offense or for the identification of
human remains or missing persons. Nothing in this section prohibits
the submission of results derived from the biological samples to the
federal bureau of investigation combined DNA index system.
(3) The ((director of the)) forensic laboratory services ((bureau))
division of the Washington ((state patrol)) bureau of investigation
shall perform testing on all biological samples collected under
subsection (1) of this section, to the extent allowed by funding
available for this purpose. The ((director)) forensic laboratory
services division shall give priority to testing on samples collected
from those adults or juveniles convicted of a felony or adjudicated
guilty of an equivalent juvenile offense that is defined as a sex
offense or a violent offense in RCW 9.94A.030.
(4) This section applies to all adults who are convicted of a sex
or violent offense after July 1, 1990; and to all adults who were
convicted of a sex or violent offense on or prior to July 1, 1990, and
who are still incarcerated on or after July 25, 1999. This section
applies to all juveniles who are adjudicated guilty of a sex or violent
offense after July 1, 1994; and to all juveniles who were adjudicated
guilty of a sex or violent offense on or prior to July 1, 1994, and who
are still incarcerated on or after July 25, 1999. This section applies
to all adults and juveniles who are convicted of a felony other than a
sex or violent offense, stalking under RCW 9A.46.110, harassment under
RCW 9A.46.020, or communicating with a minor for immoral purposes under
RCW 9.68A.090, or adjudicated guilty of an equivalent juvenile offense,
on or after July 1, 2002; and to all adults and juveniles who were
convicted or adjudicated guilty of such an offense before July 1, 2002,
and are still incarcerated on or after July 1, 2002.
(5) This section creates no rights in a third person. No cause of
action may be brought based upon the noncollection or nonanalysis or
the delayed collection or analysis of a biological sample authorized to
be taken under RCW 43.43.752 through 43.43.758 (as recodified by this
act).
(6) The detention, arrest, or conviction of a person based upon a
data base match or data base information is not invalidated if it is
determined that the sample was obtained or placed in the data base by
mistake, or if the conviction or juvenile adjudication that resulted in
the collection of the biological sample was subsequently vacated or
otherwise altered in any future proceeding including but not limited to
posttrial or postfact-finding motions, appeals, or collateral attacks.
Sec. 320 RCW 43.43.7541 and 2002 c 289 s 4 are each amended to
read as follows:
Every sentence imposed under chapter 9.94A RCW, for a felony
specified in RCW 43.43.754 (as recodified by this act) that is
committed on or after July 1, 2002, must include a fee of one hundred
dollars for collection of a biological sample as required under RCW
43.43.754 (as recodified by this act), unless the court finds that
imposing the fee would result in undue hardship on the offender. The
fee is a court-ordered legal financial obligation as defined in RCW
9.94A.030, payable by the offender after payment of all other legal
financial obligations included in the sentence has been completed. The
clerk of the court shall transmit fees collected to the state treasurer
for deposit in the state DNA data base account created under RCW
43.43.7532 (as recodified by this act).
Sec. 321 RCW 43.43.756 and 1989 c 350 s 5 are each amended to
read as follows:
The ((state patrol)) bureau of investigation in consultation with
the University of Washington school of medicine may:
(1) Provide DNA analysis services to law enforcement agencies
throughout the state after July 1, 1990;
(2) Provide assistance to law enforcement officials and prosecutors
in the preparation and utilization of DNA evidence for presentation in
court; and
(3) Provide expert testimony in court on DNA evidentiary issues.
Sec. 322 RCW 43.43.758 and 1990 c 230 s 2 are each amended to
read as follows:
(1) Except as provided in subsection (2) of this section, no local
law enforcement agency may establish or operate a DNA identification
system before July 1, 1990, and unless:
(a) The equipment of the local system is compatible with that of
the state system under RCW 43.43.752 (as recodified by this act);
(b) The local system is equipped to receive and answer inquiries
from the Washington ((state patrol)) bureau of investigation DNA
identification system and transmit data to the Washington ((state
patrol)) bureau of investigation DNA identification system; and
(c) The procedure and rules for the collection, analysis, storage,
expungement, and use of DNA identification data do not conflict with
procedures and rules applicable to the ((state patrol)) bureau of
investigation DNA identification system.
(2) Nothing in this section shall prohibit a local law enforcement
agency from performing DNA identification analysis in individual cases
to assist law enforcement officials and prosecutors in the preparation
and use of DNA evidence for presentation in court.
Sec. 323 RCW 43.43.759 and 2002 c 289 s 3 are each amended to
read as follows:
The ((Washington state patrol)) director shall consult with the
forensic investigations council and adopt rules to implement RCW
43.43.752 through 43.43.758 (as recodified by this act). The rules
shall prohibit the use of DNA identification data for any research or
other purpose that is not related to a criminal investigation, to the
identification of human remains or missing persons, or to improving the
operation of the system authorized by RCW 43.43.752 through 43.43.758
(as recodified by this act). The rules must also identify appropriate
sources and collection methods for biological samples needed for
purposes of DNA identification analysis.
Sec. 324 RCW 43.43.760 and 2002 c 115 s 5 are each amended to
read as follows:
(1) Whenever a resident of this state appears before any law
enforcement agency and requests an impression of his or her
fingerprints to be made, such agency may comply with his or her request
and make the required copies of the impressions on forms marked
"Personal Identification". The required copies shall be forwarded to
the section and marked "for personal identification only".
The section shall accept and file such fingerprints submitted
voluntarily by such resident, for the purpose of securing a more
certain and easy identification in case of death, injury, loss of
memory, or other similar circumstances. Upon the request of such
person, the section shall return his or her identification data.
(2) Whenever a person claiming to be a victim of identity theft
appears before any law enforcement agency and requests an impression of
his or her fingerprints to be made, such agency may comply with this
request and make the required copies of the impressions on forms marked
"Personal Identification." The required copies shall be forwarded to
the section and marked "for personal identification only."
The section shall accept and file such fingerprints submitted by
such resident, for the purpose of securing a more certain and easy
identification in cases of identity theft. The section shall provide
a statement showing that the victim's impression of fingerprints has
been accepted and filed with the section.
The statement provided to the victim shall state clearly in twelve-point print:
"The person holding this statement has claimed to be a victim of
identity theft. Pursuant to chapter 9.35 RCW, a business is required
by law to provide this victim with copies of all relevant application
and transaction information related to the transaction being alleged as
a potential or actual identity theft. A business must provide this
information once the victim makes a request in writing, shows this
statement, any government issued photo identification card, and a copy
of a police report."
Upon the request of such person, the section shall return his or
her identification data.
(3) Whenever any person is an applicant for appointment to any
position or is an applicant for employment or is an applicant for a
license to be issued by any governmental agency, and the law or a
regulation of such governmental agency requires that the applicant be
of good moral character or not have been convicted of a crime, or is an
applicant for appointment to or employment with a criminal justice
agency, or the department of social and health services, or is an
applicant for the services of an international matchmaking
organization, the applicant may request any law enforcement agency to
make an impression of his or her fingerprints to be submitted to the
section. The law enforcement agency may comply with such request and
make copies of the impressions on forms marked "applicant", and submit
such copies to the section.
The section shall accept such fingerprints and shall cause its
files to be examined and shall promptly send to the appointing
authority, employer, licensing authority, or international matchmaking
organization indicated on the form of application, a transcript of the
record of previous crimes committed by the person described on the data
submitted, or a transcript of the dependency record information
regarding the person described on the data submitted, or if there is no
record of his or her commission of any crimes, or if there is no
dependency record information, a statement to that effect.
(4) The ((Washington state patrol)) department shall charge fees
for processing of noncriminal justice system requests for criminal
history record information pursuant to this section which will cover,
as nearly as practicable, the direct and indirect costs to the
((patrol)) department of processing such requests.
Any law enforcement agency may charge a fee not to exceed five
dollars for the purpose of taking fingerprint impressions or searching
its files of identification for noncriminal purposes.
Sec. 325 RCW 43.43.765 and 1990 c 3 s 131 are each amended to
read as follows:
The principal officers of the jails, correctional institutions,
state mental institutions and all places of detention to which a person
is committed under chapter 10.77 RCW, chapter 71.06 RCW, or chapter
71.09 RCW for treatment or under a sentence of imprisonment for any
crime as provided for in RCW 43.43.735 (as recodified by this act)
shall within seventy-two hours, report to the section, any
interinstitutional transfer, release or change of release status of any
person held in custody pursuant to the rules promulgated by the chief.
The principal officers of all state mental institutions to which a
person has been committed under chapter 10.77 RCW, chapter 71.06 RCW,
or chapter 71.09 RCW shall keep a record of the photographs,
description, fingerprints, and other identification data as may be
obtainable from the appropriate criminal justice agency.
Sec. 326 RCW 43.43.815 and 1995 c 169 s 1 are each amended to
read as follows:
(1) Notwithstanding any provision of RCW 43.43.700 through
43.43.810 (as recodified by this act) to the contrary, the Washington
((state patrol)) bureau of investigation shall furnish a conviction
record, as defined in RCW 10.97.030, pertaining to any person of whom
the Washington ((state patrol)) bureau of investigation has a record
upon the written or electronic request of any employer for the purpose
of:
(a) Securing a bond required for any employment;
(b) Conducting preemployment and postemployment evaluations of
employees and prospective employees who, in the course of employment,
may have access to information affecting national security, trade
secrets, confidential or proprietary business information, money, or
items of value; or
(c) Assisting an investigation of suspected employee misconduct
where such misconduct may also constitute a penal offense under the
laws of the United States or any state.
(2) When an employer has received a conviction record under
subsection (1) of this section, the employer shall notify the subject
of the record of such receipt within thirty days after receipt of the
record, or upon completion of an investigation under subsection (1)(c)
of this section. The employer shall make the record available for
examination by its subject and shall notify the subject of such
availability.
(3) The ((Washington state patrol)) department shall charge fees
for disseminating records pursuant to this section which will cover, as
nearly as practicable, the direct and indirect costs to the
((Washington state patrol)) department of disseminating such records.
(4) Information disseminated pursuant to this section or RCW
43.43.760 (as recodified by this act) shall be available only to
persons involved in the hiring, background investigation, or job
assignment of the person whose record is disseminated and shall be used
only as necessary for those purposes enumerated in subsection (1) of
this section.
(5) Any person may maintain an action to enjoin a continuance of
any act or acts in violation of any of the provisions of this section,
and if injured thereby, for the recovery of damages and for the
recovery of reasonable attorneys' fees. If, in such action, the court
finds that the defendant is violating or has violated any of the
provisions of this section, it shall enjoin the defendant from a
continuance thereof, and it shall not be necessary that actual damages
to the plaintiff be alleged or proved. In addition to such injunctive
relief, the plaintiff in the action is entitled to recover from the
defendant the amount of the actual damages, if any, sustained by him if
actual damages to the plaintiff are alleged and proved. In any suit
brought to enjoin a violation of this chapter, the prevailing party may
be awarded reasonable attorneys' fees, including fees incurred upon
appeal. Commencement, pendency, or conclusion of a civil action for
injunction or damages shall not affect the liability of a person or
agency to criminal prosecution for a violation of chapter 10.97 RCW.
(6) Neither the section, its employees, nor any other agency or
employee of the state is liable for defamation, invasion of privacy,
negligence, or any other claim in connection with any dissemination of
information pursuant to this section or RCW 43.43.760 (as recodified by
this act).
(7) The ((Washington state patrol)) department may adopt rules and
forms to implement this section and to provide for security and privacy
of information disseminated pursuant hereto, giving first priority to
the criminal justice requirements of chapter ((43.43)) 43.--- RCW (the
new chapter created in section 906 of this act). Such rules may
include requirements for users, audits of users, and other procedures
to prevent use of criminal history record information inconsistent with
this section.
(8) Nothing in this section shall authorize an employer to make an
inquiry not otherwise authorized by law, or be construed to affect the
policy of the state declared in RCW 9.96A.010, encouraging the
employment of ex-offenders.
Sec. 327 RCW 43.43.820 and 1972 ex.s. c 152 s 25 are each amended
to read as follows:
Stale records shall be destroyed in a manner to be prescribed by
the ((chief)) director.
Sec. 328 RCW 43.43.830 and 2005 c 421 s 1 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout RCW 43.43.830 through 43.43.845 (as
recodified by this act).
(1) "Applicant" means:
(a) Any prospective employee who will or may have unsupervised
access to children under sixteen years of age or developmentally
disabled persons or vulnerable adults during the course of his or her
employment or involvement with the business or organization;
(b) Any prospective volunteer who will have regularly scheduled
unsupervised access to children under sixteen years of age,
developmentally disabled persons, or vulnerable adults during the
course of his or her employment or involvement with the business or
organization under circumstances where such access will or may involve
groups of (i) five or fewer children under twelve years of age, (ii)
three or fewer children between twelve and sixteen years of age, (iii)
developmentally disabled persons, or (iv) vulnerable adults;
(c) Any prospective adoptive parent, as defined in RCW 26.33.020;
or
(d) Any prospective custodian in a nonparental custody proceeding
under chapter 26.10 RCW.
(2) "Business or organization" means a business or organization
licensed in this state, any agency of the state, or other governmental
entity, that educates, trains, treats, supervises, houses, or provides
recreation to developmentally disabled persons, vulnerable adults, or
children under sixteen years of age, including but not limited to
public housing authorities, school districts, and educational service
districts.
(3) "Civil adjudication proceeding" is a judicial or administrative
adjudicative proceeding that results in a finding of, or upholds an
agency finding of, domestic violence, abuse, sexual abuse, neglect, or
exploitation or financial exploitation of a child or vulnerable adult
under chapter 13.34, 26.44, or 74.34 RCW, or rules adopted under
chapters 18.51 and 74.42 RCW. "Civil adjudication proceeding" also
includes judicial or administrative orders that become final due to the
failure of the alleged perpetrator to timely exercise a right afforded
to him or her to administratively challenge findings made by the
department of social and health services or the department of health
under chapter 13.34, 26.44, or 74.34 RCW, or rules adopted under
chapters 18.51 and 74.42 RCW.
(4) "Conviction record" means "conviction record" information as
defined in RCW 10.97.030 and 10.97.050 relating to a crime committed by
either an adult or a juvenile. It does not include a conviction for an
offense that has been the subject of an expungement, pardon, annulment,
certificate of rehabilitation, or other equivalent procedure based on
a finding of the rehabilitation of the person convicted, or a
conviction that has been the subject of a pardon, annulment, or other
equivalent procedure based on a finding of innocence. It does include
convictions for offenses for which the defendant received a deferred or
suspended sentence, unless the record has been expunged according to
law.
(5) "Crime against children or other persons" means a conviction of
any of the following offenses: Aggravated murder; first or second
degree murder; first or second degree kidnaping; first, second, or
third degree assault; first, second, or third degree assault of a
child; first, second, or third degree rape; first, second, or third
degree rape of a child; first or second degree robbery; first degree
arson; first degree burglary; first or second degree manslaughter;
first or second degree extortion; indecent liberties; incest; vehicular
homicide; first degree promoting prostitution; communication with a
minor; unlawful imprisonment; simple assault; sexual exploitation of
minors; first or second degree criminal mistreatment; endangerment with
a controlled substance; ((child)) abuse or neglect as defined in RCW
26.44.020; first or second degree custodial interference; first or
second degree custodial sexual misconduct; malicious harassment; first,
second, or third degree child molestation; first or second degree
sexual misconduct with a minor; patronizing a juvenile prostitute;
child abandonment; promoting pornography; selling or distributing
erotic material to a minor; custodial assault; violation of child abuse
restraining order; child buying or selling; prostitution; felony
indecent exposure; criminal abandonment; or any of these crimes as they
may be renamed in the future.
(6) "Crimes relating to drugs" means a conviction of a crime to
manufacture, delivery, or possession with intent to manufacture or
deliver a controlled substance.
(7) "Crimes relating to financial exploitation" means a conviction
for first, second, or third degree extortion; first, second, or third
degree theft; first or second degree robbery; forgery; or any of these
crimes as they may be renamed in the future.
(8) "Unsupervised" means not in the presence of:
(a) Another employee or volunteer from the same business or
organization as the applicant; or
(b) Any relative or guardian of any of the children or
developmentally disabled persons or vulnerable adults to which the
applicant has access during the course of his or her employment or
involvement with the business or organization.
(9) "Vulnerable adult" means "vulnerable adult" as defined in
chapter 74.34 RCW, except that for the purposes of requesting and
receiving background checks pursuant to RCW 43.43.832 (as recodified by
this act), it shall also include adults of any age who lack the
functional, mental, or physical ability to care for themselves.
(10) "Financial exploitation" means "financial exploitation" as
defined in RCW 74.34.020.
(11) "Agency" means any person, firm, partnership, association,
corporation, or facility which receives, provides services to, houses
or otherwise cares for vulnerable adults.
Sec. 329 RCW 43.43.832 and 2005 c 421 s 2 are each amended to
read as follows:
(1) The legislature finds that businesses and organizations
providing services to children, developmentally disabled persons, and
vulnerable adults need adequate information to determine which
employees or licensees to hire or engage. The legislature further
finds that many developmentally disabled individuals and vulnerable
adults desire to hire their own employees directly and also need
adequate information to determine which employees or licensees to hire
or engage. Therefore, the Washington ((state patrol)) bureau of
investigation identification and criminal history section shall
disclose, upon the request of a business or organization as defined in
RCW 43.43.830 (as recodified by this act), a developmentally disabled
person, or a vulnerable adult as defined in RCW 43.43.830 (as
recodified by this act) or his or her guardian, an applicant's record
for convictions as defined in chapter 10.97 RCW.
(2) The legislature also finds that the state board of education
may request of the Washington ((state patrol)) bureau of investigation
criminal identification system information regarding a certificate
applicant's record for convictions under subsection (1) of this
section.
(3) The legislature also finds that law enforcement agencies, the
office of the attorney general, prosecuting authorities, and the
department of social and health services may request this same
information to aid in the investigation and prosecution of child,
developmentally disabled person, and vulnerable adult abuse cases and
to protect children and adults from further incidents of abuse.
(4) The legislature further finds that the secretary of the
department of social and health services must establish rules and set
standards to require specific action when considering the information
listed in subsection (1) of this section, and when considering
additional information including but not limited to civil adjudication
proceedings as defined in RCW 43.43.830 (as recodified by this act) and
any out-of-state equivalent, in the following circumstances:
(a) When considering persons for state employment in positions
directly responsible for the supervision, care, or treatment of
children, vulnerable adults, or individuals with mental illness or
developmental disabilities;
(b) When considering persons for state positions involving
unsupervised access to vulnerable adults to conduct comprehensive
assessments, financial eligibility determinations, licensing and
certification activities, investigations, surveys, or case management;
or for state positions otherwise required by federal law to meet
employment standards;
(c) When licensing agencies or facilities with individuals in
positions directly responsible for the care, supervision, or treatment
of children, developmentally disabled persons, or vulnerable adults,
including but not limited to agencies or facilities licensed under
chapter 74.15 or 18.51 RCW;
(d) When contracting with individuals or businesses or
organizations for the care, supervision, case management, or treatment
of children, developmentally disabled persons, or vulnerable adults,
including but not limited to services contracted for under chapter
18.20, ((18.48,)) 70.127, 70.128, 72.36, or 74.39A RCW or Title 71A
RCW;
(e) When individual providers are paid by the state or providers
are paid by home care agencies to provide in-home services involving
unsupervised access to persons with physical, mental, or developmental
disabilities or mental illness, or to vulnerable adults as defined in
chapter 74.34 RCW, including but not limited to services provided under
chapter 74.39 or 74.39A RCW.
(5) Whenever a state conviction record check is required by state
law, persons may be employed or engaged as volunteers or independent
contractors on a conditional basis pending completion of the state
background investigation. Whenever a national criminal record check
through the federal bureau of investigation is required by state law,
a person may be employed or engaged as a volunteer or independent
contractor on a conditional basis pending completion of the national
check. The Washington personnel resources board shall adopt rules to
accomplish the purposes of this subsection as it applies to state
employees.
(6)(a) For purposes of facilitating timely access to criminal
background information and to reasonably minimize the number of
requests made under this section, recognizing that certain health care
providers change employment frequently, health care facilities may,
upon request from another health care facility, share copies of
completed criminal background inquiry information.
(b) Completed criminal background inquiry information may be shared
by a willing health care facility only if the following conditions are
satisfied: The licensed health care facility sharing the criminal
background inquiry information is reasonably known to be the person's
most recent employer, no more than twelve months has elapsed from the
date the person was last employed at a licensed health care facility to
the date of their current employment application, and the criminal
background information is no more than two years old.
(c) If criminal background inquiry information is shared, the
health care facility employing the subject of the inquiry must require
the applicant to sign a disclosure statement indicating that there has
been no conviction or finding as described in RCW 43.43.842 (as
recodified by this act) since the completion date of the most recent
criminal background inquiry.
(d) Any health care facility that knows or has reason to believe
that an applicant has or may have a disqualifying conviction or finding
as described in RCW 43.43.842 (as recodified by this act), subsequent
to the completion date of their most recent criminal background
inquiry, shall be prohibited from relying on the applicant's previous
employer's criminal background inquiry information. A new criminal
background inquiry shall be requested pursuant to RCW 43.43.830 through
43.43.842 (as recodified by this act).
(e) Health care facilities that share criminal background inquiry
information shall be immune from any claim of defamation, invasion of
privacy, negligence, or any other claim in connection with any
dissemination of this information in accordance with this subsection.
(f) Health care facilities shall transmit and receive the criminal
background inquiry information in a manner that reasonably protects the
subject's rights to privacy and confidentiality.
(g) For the purposes of this subsection, "health care facility"
means a nursing home licensed under chapter 18.51 RCW, a boarding home
licensed under chapter 18.20 RCW, or an adult family home licensed
under chapter 70.128 RCW.
(7) If a federal bureau of investigation check is required in
addition to the state background check by the department of social and
health services, an applicant who is not disqualified based on the
results of the state background check shall be eligible for a one
hundred twenty day provisional approval to hire, pending the outcome of
the federal bureau of investigation check. The department may extend
the provisional approval until receipt of the federal bureau of
investigation check. If the federal bureau of investigation check
disqualifies an applicant, the department shall notify the requestor
that the provisional approval to hire is withdrawn and the applicant
may be terminated.
Sec. 330 RCW 43.43.8321 and 2005 c 421 s 10 are each amended to
read as follows:
When the Washington ((state patrol)) bureau of investigation
disseminates conviction record information in response to a request
under RCW 43.43.832 (as recodified by this act), it shall clearly state
that: (1) The conviction record data does not include information on
civil adjudications, administrative findings, or disciplinary board
final decisions and that all such information must be obtained from the
courts and licensing agencies; (2) the conviction record that is being
disseminated includes information for which a person is currently being
processed by the criminal justice system relating to only crimes
against a person as defined in RCW 9.94A.411 and that it does not
include any other current or pending charge information for which a
person could be in the current process of being processed by the
criminal justice system; and (3) an arrest is not a conviction or a
finding of guilt.
Sec. 331 RCW 43.43.834 and 2005 c 421 s 3 are each amended to
read as follows:
(1) A business or organization shall not make an inquiry to the
Washington ((state patrol)) bureau of investigation under RCW 43.43.832
(as recodified by this act) or an equivalent inquiry to a federal law
enforcement agency unless the business or organization has notified the
applicant who may be offered a position as an employee or volunteer,
that an inquiry may be made.
(2) A business or organization shall require each applicant to
disclose to the business or organization whether the applicant:
(a) Has been convicted of a crime;
(b) Has had findings made against him or her in any civil
((adjudicative)) adjudication proceeding as defined in RCW 43.43.830
(as recodified by this act); or
(c) Has both a conviction under (a) of this subsection and findings
made against him or her under (b) of this subsection.
(3) The business or organization shall pay such reasonable fee for
the records check as the state patrol may require under RCW 43.43.838
(as recodified by this act).
(4) The business or organization shall notify the applicant of the
state patrol's response within ten days after receipt by the business
or organization. The employer shall provide a copy of the response to
the applicant and shall notify the applicant of such availability.
(5) The business or organization shall use this record only in
making the initial employment or engagement decision. Further
dissemination or use of the record is prohibited, except as provided in
RCW 28A.320.155. A business or organization violating this subsection
is subject to a civil action for damages.
(6) An insurance company shall not require a business or
organization to request background information on any employee before
issuing a policy of insurance.
(7) The business and organization shall be immune from civil
liability for failure to request background information on an applicant
unless the failure to do so constitutes gross negligence.
Sec. 332 RCW 43.43.836 and 2005 c 421 s 4 are each amended to
read as follows:
An individual may contact the ((state patrol)) Washington bureau of
investigation to ascertain whether an individual has a conviction
record. The ((state patrol)) Washington bureau of investigation shall
disclose such information, subject to the fee established under RCW
43.43.838 (as recodified by this act).
Sec. 333 RCW 43.43.838 and 2005 c 421 s 5 are each amended to
read as follows:
(1) After January 1, 1988, and notwithstanding any provision of RCW
43.43.700 through 43.43.810 (as recodified by this act) to the
contrary, the ((state patrol)) Washington bureau of investigation shall
furnish a transcript of the conviction record pertaining to any person
for whom the ((state patrol)) Washington bureau of investigation or the
federal bureau of investigation has a record upon the written request
of:
(a) The subject of the inquiry;
(b) Any business or organization for the purpose of conducting
evaluations under RCW 43.43.832 (as recodified by this act);
(c) The department of social and health services;
(d) Any law enforcement agency, prosecuting authority, or the
office of the attorney general; or
(e) The department of social and health services for the purpose of
meeting responsibilities set forth in chapter 74.15, 18.51, 18.20, or
72.23 RCW, or any later-enacted statute which purpose is to regulate or
license a facility which handles vulnerable adults. However, access to
conviction records pursuant to this subsection (1)(e) does not limit or
restrict the ability of the department to obtain additional information
regarding conviction records and pending charges as set forth in RCW
74.15.030(2)(b).
(2) The ((state patrol)) department shall by rule establish fees
for disseminating records under this section to recipients identified
in subsection (1)(a) and (b) of this section. The ((state patrol))
department shall also by rule establish fees for disseminating records
in the custody of the national crime information center. The revenue
from the fees shall cover, as nearly as practicable, the direct and
indirect costs to the ((state patrol)) department of disseminating the
records. No fee shall be charged to a nonprofit organization for the
records check. In the case of record checks using fingerprints
requested by school districts and educational service districts, the
((state patrol)) department shall charge only for the incremental costs
associated with checking fingerprints in addition to name and date of
birth. Record checks requested by school districts and educational
service districts using only name and date of birth shall continue to
be provided free of charge.
(3) No employee of the state, employee of a business or
organization, or the business or organization is liable for defamation,
invasion of privacy, negligence, or any other claim in connection with
any lawful dissemination of information under RCW 43.43.830 through
43.43.840 or 43.43.760 (as recodified by this act).
(4) ((Before July 26, 1987,)) The ((state patrol)) department shall
adopt rules and forms to implement this section and to provide for
security and privacy of information disseminated under this section,
giving first priority to the criminal justice requirements of this
chapter. The rules may include requirements for users, audits of
users, and other procedures to prevent use of civil adjudication record
information or criminal history record information inconsistent with
this chapter.
(5) Nothing in RCW 43.43.830 through 43.43.840 (as recodified by
this act) shall authorize an employer to make an inquiry not
specifically authorized by this chapter, or be construed to affect the
policy of the state declared in chapter 9.96A RCW.
Sec. 334 RCW 43.43.839 and 1995 c 169 s 2 are each amended to
read as follows:
The fingerprint identification account is created in the custody of
the state treasurer. All receipts from incremental charges of
fingerprint checks requested for noncriminal justice purposes and
electronic background requests shall be deposited in the account.
Receipts for fingerprint checks by the federal bureau of investigation
may also be deposited in the account. Expenditures from the account
may be used only for the cost of record checks. Only the ((chief of
the state patrol)) director or the ((chief's)) director's designee may
authorize expenditures from the account. The account is subject to
allotment procedures under chapter 43.88 RCW. No appropriation is
required for expenditures prior to July 1, 1997. After June 30, 1997,
the account shall be subject to appropriation.
Sec. 335 RCW 43.43.842 and 1998 c 10 s 4 are each amended to read
as follows:
(1)(a) The secretary of social and health services and the
secretary of health shall adopt additional requirements for the
licensure or relicensure of agencies, facilities, and licensed
individuals who provide care and treatment to vulnerable adults,
including nursing pools registered under chapter 18.52C RCW. These
additional requirements shall ensure that any person associated with a
licensed agency or facility having unsupervised access with a
vulnerable adult shall not have been: (i) Convicted of a crime against
persons as defined in RCW 43.43.830 (as recodified by this act), except
as provided in this section; (ii) convicted of crimes relating to
financial exploitation as defined in RCW 43.43.830 (as recodified by
this act), except as provided in this section; (iii) found in any
disciplinary board final decision to have abused a vulnerable adult
under RCW 43.43.830 (as recodified by this act); or (iv) the subject in
a protective proceeding under chapter 74.34 RCW.
(b) A person associated with a licensed agency or facility who has
unsupervised access with a vulnerable adult shall make the disclosures
specified in RCW 43.43.834(2) (as recodified by this act). The person
shall make the disclosures in writing, sign, and swear to the contents
under penalty of perjury. The person shall, in the disclosures,
specify all crimes against children or other persons, all crimes
relating to financial exploitation, and all crimes relating to drugs as
defined in RCW 43.43.830 (as recodified by this act), committed by the
person.
(2) The rules adopted under this section shall permit the licensee
to consider the criminal history of an applicant for employment in a
licensed facility when the applicant has one or more convictions for a
past offense and:
(a) The offense was simple assault, assault in the fourth degree,
or the same offense as it may be renamed, and three or more years have
passed between the most recent conviction and the date of application
for employment;
(b) The offense was prostitution, or the same offense as it may be
renamed, and three or more years have passed between the most recent
conviction and the date of application for employment;
(c) The offense was theft in the third degree, or the same offense
as it may be renamed, and three or more years have passed between the
most recent conviction and the date of application for employment;
(d) The offense was theft in the second degree, or the same offense
as it may be renamed, and five or more years have passed between the
most recent conviction and the date of application for employment;
(e) The offense was forgery, or the same offense as it may be
renamed, and five or more years have passed between the most recent
conviction and the date of application for employment.
The offenses set forth in (a) through (e) of this subsection do not
automatically disqualify an applicant from employment by a licensee.
Nothing in this section may be construed to require the employment of
any person against a licensee's judgment.
(3) In consultation with law enforcement personnel, the secretary
of social and health services and the secretary of health shall
investigate, or cause to be investigated, the conviction record and the
protection proceeding record information under this chapter of the
staff of each agency or facility under their respective jurisdictions
seeking licensure or relicensure. An individual responding to a
criminal background inquiry request from his or her employer or
potential employer shall disclose the information about his or her
criminal history under penalty of perjury. The secretaries shall use
the information solely for the purpose of determining eligibility for
licensure or relicensure. Criminal justice agencies shall provide the
secretaries such information as they may have and that the secretaries
may require for such purpose.
Sec. 336 RCW 43.43.845 and 2005 c 421 s 7 and 2005 c 237 s 1 are
each reenacted and amended to read as follows:
(1) Upon a guilty plea or conviction of a person of any felony
crime involving the physical neglect of a child under chapter 9A.42
RCW, the physical injury or death of a child under chapter 9A.32 or
9A.36 RCW (except motor vehicle violations under chapter 46.61 RCW),
sexual exploitation of a child under chapter 9.68A RCW, sexual offenses
under chapter 9A.44 RCW, promoting prostitution of a minor under
chapter 9A.88 RCW, or the sale or purchase of a minor child under RCW
9A.64.030, the prosecuting attorney shall notify the ((state patrol))
Washington bureau of investigation of such guilty pleas or convictions.
(2) When the ((state patrol)) Washington bureau of investigation
receives information that a person has pled guilty to or been convicted
of one of the felony crimes under subsection (1) of this section, the
((state patrol)) Washington bureau of investigation shall transmit that
information to the superintendent of public instruction. It shall be
the duty of the superintendent of public instruction to identify
whether the person holds a certificate or permit issued under chapters
28A.405 and 28A.410 RCW or is employed by a school district, and
provide this information to the state board of education and the school
district employing the individual who pled guilty or was convicted of
the crimes identified in subsection (1) of this section.
Sec. 337 RCW 43.43.854 and 1973 1st ex.s. c 202 s 3 are each
amended to read as follows:
The Washington bureau of investigation's criminal investigation
division shall include an organized crime intelligence unit. The
organized crime intelligence unit shall collect, evaluate, collate, and
analyze data and specific investigative information concerning the
existence, structure, activities and operations of organized crime and
the participants involved therein; coordinate such intelligence data
into a centralized system of intelligence information; furnish and
exchange pertinent intelligence data with law enforcement agencies and
prosecutors with such security and confidentiality as the ((chief of
the Washington state patrol)) director of investigation may determine;
develop intelligence data concerning the infiltration of organized
crime into legitimate businesses within the state of Washington and
furnish pertinent intelligence information thereon to law enforcement
agencies and prosecutors in affected jurisdictions; and may assist law
enforcement agencies and prosecutors in developing evidence for
purposes of criminal prosecution of organized crime activities ((upon
request)).
Sec. 338 RCW 43.43.856 and 2005 c 274 s 298 are each amended to
read as follows:
(1)(a) On and after April 26, 1973, it shall be unlawful for any
person to divulge specific investigative information pertaining to
activities related to organized crime which he or she has obtained by
reason of public employment with the state of Washington or its
political subdivisions unless such person is authorized or required to
do so by operation of state or federal law.
(b) Any person violating (a) of this subsection is guilty of a
class B felony punishable according to chapter 9A.20 RCW.
(2) Except as provided in RCW 43.43.854 (as recodified by this
act), or pursuant to the rules of the supreme court of Washington, all
of the information and data collected and processed by the organized
crime intelligence unit shall be confidential and not subject to
examination or publication pursuant to chapter 42.56 RCW.
(3) The ((chief of the Washington state patrol)) director or the
director's designee shall prescribe such standards and procedures
relating to the security of the records and files of the organized
crime intelligence unit, as he or she deems to be in the public
interest with the advice of the governor and the board.
Sec. 339 RCW 43.43.858 and 2000 c 38 s 1 are each amended to read
as follows:
There is hereby created the organized crime advisory board of the
state of Washington. The board shall consist of fourteen voting and
two nonvoting members.
The lieutenant governor shall appoint four members of the senate to
the board, no more than two of whom shall be from the same political
party.
The governor shall appoint six members to the board. Two members
shall be county prosecuting attorneys and shall be appointed from a
list of four county prosecutors agreed upon and submitted to the
governor by the elected county prosecutors. One member shall be a
municipal police chief, and one member shall be a county sheriff, both
of whom shall be appointed from a list of three police chiefs and three
sheriffs agreed upon and submitted to the governor by the association
of sheriffs and police chiefs (RCW 36.28A.010). One member shall be a
retired judge of a court of record. One member shall be the secretary
of corrections or the secretary's designee.
The United States attorneys for the western and eastern districts
of Washington shall be requested to serve on the board as nonvoting
members and shall not be eligible to serve as chairperson.
The speaker of the house shall appoint four members of the house of
representatives to the board, no more than two of whom shall be from
the same political party.
The members of the board shall be qualified on the basis of
knowledge and experience in matters relating to crime prevention and
security or with such other abilities as may be expected to contribute
to the effective performance of the board's duties. The members of the
board shall meet with the ((chief of the Washington state patrol))
director of investigation at least four times a year to perform the
duties enumerated in RCW 43.43.862 (as recodified by this act) and to
discuss any other matters related to organized crime. Additional
meetings of the board may be convened at the call of the chairperson or
by a majority of the members. The board shall elect its own
chairperson from among its members. Legislative members shall receive
reimbursement for travel expenses incurred in the performance of their
duties in accordance with RCW 44.04.120, and the other members in
accordance with RCW 43.03.050 and 43.03.060.
Sec. 340 RCW 43.43.862 and 1973 1st ex.s. c 202 s 7 are each
amended to read as follows:
The board shall:
(1) Advise the governor on the objectives, conduct, management, and
coordination of the various activities encompassing the overall
statewide organized crime intelligence effort;
(2) Conduct a continuing review and assessment of organized crime
and related activities in which the organized crime intelligence unit
of the Washington ((state patrol)) bureau of investigation is engaged;
(3) Receive, consider and take appropriate action with respect to
matters related to the board by the organized crime intelligence unit
of the Washington ((state patrol)) bureau of investigation in which the
support of the board will further the effectiveness of the statewide
organized crime intelligence effort; and
(4) Report to the governor concerning the board's findings and
appraisals, and make appropriate recommendations for actions to achieve
increased effectiveness of the state's organized crime intelligence
effort in meeting state and national organized crime intelligence
needs.
Sec. 341 RCW 43.43.864 and 1973 1st ex.s. c 202 s 8 are each
amended to read as follows:
In order to facilitate performance of the board's functions, the
((chief)) director of ((the Washington state patrol)) investigation
shall make available to the board all information with respect to
organized crime and related matters which the board may require for the
purpose of carrying out its responsibilities to the governor in
accordance with the provisions of RCW ((43.43.850)) 43.43.854 through
43.43.864 (as recodified by this act). Such information made available
to the board shall be given all necessary security protection in
accordance with the terms and provisions of applicable laws and
regulations and shall not be revealed or divulged publicly or privately
by members of the board.
Sec. 342 RCW 43.43.880 and 1988 c 21 s 1 are each amended to read
as follows:
The ((Washington state patrol)) director or the director's designee
may negotiate and enter into bilateral agreements with designated
representatives of contiguous states. Agreements may provide for the
manning and operation of jointly occupied ports of entry, for the
collection of highway user fees, registration fees, and taxes that may
be required by statute or rule. Agreements may further provide for the
collection of these fees and taxes by either party state at jointly
occupied ports of entry before authorization is given for vehicles to
legally operate within that state or jurisdiction, and for the
enforcement of safety, size, and weight statutes or rules of the
respective states.
Sec. 401 RCW 43.43.930 and 1995 c 369 s 14 are each amended to
read as follows:
The legislature finds that fire protection services at the state
level are provided by different, independent state agencies. This has
resulted in a lack of a comprehensive state-level focus for state fire
protection services, funding, and policy. The legislature further
finds that the paramount duty of the state in fire protection services
is to enhance the capacity of all local jurisdictions to assure that
their personnel with fire suppression, prevention, inspection, origin
and cause, and arson investigation responsibilities are adequately
trained to discharge their responsibilities. It is the intent of the
legislature to consolidate fire protection services into a single state
agency and to create a state board with the responsibility of (1)
establishing a comprehensive state policy regarding fire protection
services and (2) advising the ((chief of the Washington state patrol))
director and the director of fire protection on matters relating to
their duties under state law. It is also the intent of the legislature
that the fire protection services program created herein will assist
local fire protection agencies in program development without
encroaching upon their historic autonomy. It is the further intent of
the legislature that the fire protection services program be
implemented incrementally to assure a smooth transition, to build
local, regional, and state capacity, and to avoid undue burdens on
jurisdictions with limited resources.
Sec. 402 RCW 43.43.934 and 2003 c 316 s 1 are each amended to
read as follows:
Except for matters relating to the statutory duties of the ((chief
of the Washington state patrol)) director that are to be carried out
through the director of fire protection, the board shall have the
responsibility of developing a comprehensive state policy regarding
fire protection services. In carrying out its duties, the board shall:
(1)(a) Adopt a state fire training and education master plan that
allows to the maximum feasible extent for negotiated agreements: (i)
With the state board for community and technical colleges to provide
academic, vocational, and field training programs for the fire service
and (ii) with the higher education coordinating board and the state
colleges and universities to provide instructional programs requiring
advanced training, especially in command and management skills;
(b) Adopt minimum standards for each level of responsibility among
personnel with fire suppression, prevention, inspection, and
investigation responsibilities that assure continuing assessment of
skills and are flexible enough to meet emerging technologies. With
particular respect to training for fire investigations, the master plan
shall encourage cross training in appropriate law enforcement skills.
To meet special local needs, fire agencies may adopt more stringent
requirements than those adopted by the state;
(c) Cooperate with the common schools, technical and community
colleges, institutions of higher education, and any department or
division of the state, or of any county or municipal corporation in
establishing and maintaining instruction in fire service training and
education in accordance with any act of congress and legislation
enacted by the legislature in pursuance thereof and in establishing,
building, and operating training and education facilities.
Industrial fire departments and private fire investigators may
participate in training and education programs under this chapter for
a reasonable fee established by rule;
(d) Develop and adopt a master plan for constructing, equipping,
maintaining, and operating necessary fire service training and
education facilities subject to the provisions of chapter 43.19 RCW;
(e) Develop and adopt a master plan for the purchase, lease, or
other acquisition of real estate necessary for fire service training
and education facilities in a manner provided by law; and
(f) Develop and adopt a plan with a goal of providing fire fighter
one and wildland training, as defined by the board, to all fire
fighters in the state. Wildland training reimbursement will be
provided if a fire protection district or a city fire department has
and is fulfilling their interior attack policy or if they do not have
an interior attack policy. The plan will include a reimbursement for
fire protection districts and city fire departments of not less than
three dollars for every hour of fire fighter one or wildland training.
The ((Washington state patrol)) department shall not provide
reimbursement for more than two hundred hours of fire fighter one or
wildland training for each fire fighter trained.
(2) In addition to its responsibilities for fire service training,
the board shall:
(a) Adopt a state fire protection master plan;
(b) Monitor fire protection in the state and develop objectives and
priorities to improve fire protection for the state's citizens
including: (i) The comprehensiveness of state and local inspections
required by law for fire and life safety; (ii) the level of skills and
training of inspectors, as well as needs for additional training; and
(iii) the efforts of local, regional, and state inspection agencies to
improve coordination and reduce duplication among inspection efforts;
(c) Establish and promote state arson control programs and ensure
development of local arson control programs;
(d) Provide representation for local fire protection services to
the governor in state-level fire protection planning matters such as,
but not limited to, hazardous materials control;
(e) Recommend to the adjutant general rules on minimum information
requirements of automatic location identification for the purposes of
enhanced 911 emergency service;
(f) Seek and solicit grants, gifts, bequests, devises, and matching
funds for use in furthering the objectives and duties of the board, and
establish procedures for administering them;
(g) Promote mutual aid and disaster planning for fire services in
this state;
(h) Assure the dissemination of information concerning the amount
of fire damage including that damage caused by arson, and its causes
and prevention; and
(i) Implement any legislation enacted by the legislature to meet
the requirements of any acts of congress that apply to this section.
(3) In carrying out its statutory duties, the board shall give
particular consideration to the appropriate roles to be played by the
state and by local jurisdictions with fire protection responsibilities.
Any determinations on the division of responsibility shall be made in
consultation with local fire officials and their representatives.
To the extent possible, the board shall encourage development of
regional units along compatible geographic, population, economic, and
fire risk dimensions. Such regional units may serve to: (a) Reinforce
coordination among state and local activities in fire service training,
reporting, inspections, and investigations; (b) identify areas of
special need, particularly in smaller jurisdictions with inadequate
resources; (c) assist the state in its oversight responsibilities; (d)
identify funding needs and options at both the state and local levels;
and (e) provide models for building local capacity in fire protection
programs.
Sec. 403 RCW 43.43.936 and 1995 c 369 s 17 are each amended to
read as follows:
In regards to the statutory duties of the ((chief of the Washington
state patrol)) director that are to be carried out through the director
of fire protection, the board shall serve in an advisory capacity in
order to enhance the continuity of state fire protection services. In
this capacity, the board shall:
(1) Advise the ((chief of the Washington state patrol)) director
and the director of fire protection on matters pertaining to their
duties under law; and
(2) Advise the ((chief of the Washington state patrol)) director
and the director of fire protection on all budgeting and fiscal matters
pertaining to the duties of the director of fire protection and the
board.
Sec. 404 RCW 43.43.938 and 1995 c 369 s 18 are each amended to
read as follows:
(1) Wherever the term state fire marshal appears in the Revised
Code of Washington or the Washington Administrative Code it shall mean
the director of fire protection.
(2) The ((chief of the Washington state patrol)) director shall
appoint an officer who shall be known as the director of fire
protection. The board, after consulting with the ((chief of the
Washington state patrol)) director, shall prescribe qualifications for
the position of director of fire protection. The board shall submit to
the ((chief of the Washington state patrol)) director a list containing
the names of three persons whom the board believes meet its
qualifications. If requested by the ((chief of the Washington state
patrol)) director, the board shall submit one additional list of three
persons whom the board believes meet its qualifications. The
appointment shall be from one of the lists of persons submitted by the
board.
(3) The director of fire protection may designate one or more
deputies and may delegate to those deputies his or her duties and
authorities as deemed appropriate.
(4) The director of fire protection, in accordance with the
policies, objectives, and priorities of the fire protection policy
board, shall prepare a biennial budget pertaining to fire protection
services. Such biennial budget shall be submitted as part of the
((Washington state patrol's)) department's budget request.
(5) The director of fire protection, shall implement and
administer, within constraints established by budgeted resources, the
policies, objectives, and priorities of the board and all duties of the
((chief of the Washington state patrol)) director that are to be
carried out through the director of fire protection. Such
administration shall include negotiation of agreements with the state
board for community and technical colleges, the higher education
coordinating board, and the state colleges and universities as provided
in RCW ((43.63A.320)) 43.43.934 (as recodified by this act). Programs
covered by such agreements shall include, but not be limited to,
planning curricula, developing and delivering instructional programs
and materials, and using existing instructional personnel and
facilities. Where appropriate, such contracts shall also include
planning and conducting instructional programs at the state fire
service training center.
(6) The ((chief of the Washington state patrol)) director, through
the director of fire protection, shall seek the advice of the board in
carrying out his or her duties under law.
Sec. 405 RCW 43.43.940 and 1995 c 369 s 19 are each amended to
read as follows:
The ((Washington state patrol)) department may accept any and all
donations, grants, bequests, and devises, conditional or otherwise, or
money, property, service, or other things of value which may be
received from the United States or any agency thereof, any governmental
agency, any institution, person, firm, or corporation, public and
private, to be held, used, or applied for the purposes of the fire
service training program established in RCW 43.43.934 (as recodified by
this act).
Sec. 406 RCW 43.43.942 and 1995 c 369 s 20 are each amended to
read as follows:
The ((Washington state patrol)) department may: (1) Impose and
collect fees for fire service training; and (2) establish and set fee
schedules for fire service training.
Sec. 407 RCW 43.43.944 and 2005 c 518 s 929 are each amended to
read as follows:
(1) The fire service training account is hereby established in the
state treasury. The fund shall consist of:
(a) All fees received by the ((Washington state patrol)) department
for fire service training;
(b) All grants and bequests accepted by the ((Washington state
patrol)) department under RCW 43.43.940 (as recodified by this act);
and
(c) Twenty percent of all moneys received by the state on fire
insurance premiums.
(2) Moneys in the account may be appropriated only for fire service
training. During the 2005-2007 fiscal biennium, the legislature may
appropriate funds from this account for school fire prevention
activities within the ((Washington state patrol)) department.
Sec. 408 RCW 43.43.946 and 1991 c 135 s 2 are each amended to
read as follows:
The fire services trust fund is created in the state treasury. All
receipts designated by the legislature shall be deposited in the fund.
Appropriations from the fund may be made exclusively for the purposes
specified in RCW ((43.63A.377)) 43.43.948 (as recodified by this act).
Sec. 409 RCW 43.43.948 and 1995 c 369 s 22 are each amended to
read as follows:
Money from the fire services trust fund may be expended for the
following purposes:
(1) Training of fire service personnel, including both classroom
and hands-on training at the state fire training center or other
locations approved by the ((chief of the Washington state patrol))
director through the director of fire protection services;
(2) Maintenance and operation at the state's fire training center
near North Bend. If in the future the state builds or leases other
facilities as other fire training centers, a portion of these moneys
may be used for the maintenance and operation at these centers;
(3) Lease or purchase of equipment for use in the provisions of
training to fire service personnel;
(4) Grants or subsidies to local jurisdictions to allow them to
perform their functions under this section;
(5) Costs of administering these programs under this section;
(6) Licensing and enforcement of state laws governing the sales of
fireworks; and
(7) Development with the legal fireworks industry and funding of a
statewide public education program for fireworks safety.
Sec. 410 RCW 43.43.960 and 2003 c 405 s 1 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this subchapter.
(1) (("Chief" means the chief of the Washington state patrol.)) "State fire marshal" means the director of fire protection in
the ((
(2)Washington state patrol)) department.
(((3))) (2) "Fire chief" includes the chief officer of a
statutorily authorized fire agency, or the fire chief's authorized
representative. Also included are the department of natural resources
fire control chief, and the department of natural resources regional
managers.
(((4))) (3) "Jurisdiction" means state, county, city, fire
district, or port district fire fighting units, or other units covered
by this chapter.
(((5))) (4) "Mobilization" means that fire fighting resources
beyond those available through existing agreements will be requested
and, when available, sent in response to an emergency or disaster
situation that has exceeded the capabilities of available local
resources. During a large scale emergency, mobilization includes the
redistribution of regional or statewide fire fighting resources to
either direct emergency incident assignments or to assignment in
communities where fire fighting resources are needed.
When mobilization is declared and authorized as provided in this
chapter, all fire fighting resources including those of the host fire
protection authorities, i.e. incident jurisdiction, shall be deemed as
mobilized under this chapter, including those that responded earlier
under existing mutual aid or other agreement. All nonhost fire
protection authorities providing fire fighting resources in response to
a mobilization declaration shall be eligible for expense reimbursement
as provided by this chapter from the time of the mobilization
declaration.
This chapter shall not reduce or suspend the authority or
responsibility of the department of natural resources under chapter
76.04 RCW.
(((6))) (5) "Mutual aid" means emergency interagency assistance
provided without compensation under an agreement between jurisdictions
under chapter 39.34 RCW.
Sec. 411 RCW 43.43.961 and 2003 c 405 s 2 are each amended to
read as follows:
Because of the possibility of the occurrence of disastrous fires or
other disasters of unprecedented size and destructiveness, the need to
insure that the state is adequately prepared to respond to such a fire
or disaster, the need to establish a mechanism and a procedure to
provide for reimbursement to state agencies and local fire fighting
agencies that respond to help others in time of need or to a host fire
district that experiences expenses beyond the resources of the fire
district, and generally to protect the public peace, health, safety,
lives, and property of the people of Washington, it is hereby declared
necessary to:
(1) Provide the policy and organizational structure for large scale
mobilization of fire fighting resources in the state through creation
of the Washington state fire services mobilization plan;
(2) Confer upon the ((chief)) director the powers provided
((herein)) in this chapter;
(3) Provide a means for reimbursement to state agencies and local
fire jurisdictions that incur expenses when mobilized by the ((chief))
director under the Washington state fire services mobilization plan;
and
(4) Provide for reimbursement of the host fire department or fire
protection district when it has: (a) Exhausted all of its resources;
and (b) invoked its local mutual aid network and exhausted those
resources. Upon implementation of state fire mobilization, the host
district resources shall become state fire mobilization resources
consistent with the fire mobilization plan.
It is the intent of the legislature that mutual aid and other
interlocal agreements providing for enhanced emergency response be
encouraged as essential to the public peace, safety, health, and
welfare, and for the protection of the lives and property of the people
of the state of Washington. If possible, mutual aid agreements should
be without stated limitations as to resources available, time, or area.
Nothing in this chapter shall be construed or interpreted to limit the
eligibility of any nonhost fire protection authority for reimbursement
of expenses incurred in providing fire fighting resources for
mobilization.
Sec. 412 RCW 43.43.962 and 2003 c 405 s 3 are each amended to
read as follows:
The state fire protection policy board shall review and make
recommendations to the ((chief)) director on the refinement and
maintenance of the Washington state fire services mobilization plan,
which shall include the procedures to be used during fire and other
emergencies for coordinating local, regional, and state fire
jurisdiction resources. In carrying out this duty, the fire protection
policy board shall consult with and solicit recommendations from
representatives of state and local fire and emergency management
organizations, regional fire defense boards, and the department of
natural resources. The Washington state fire services mobilization
plan shall be consistent with, and made part of, the Washington state
comprehensive emergency management plan. The ((chief)) director shall
review the fire services mobilization plan as submitted by the fire
protection policy board, recommend changes that may be necessary, and
approve the fire services mobilization plan for inclusion within the
state comprehensive emergency management plan.
It is the responsibility of the ((chief)) director to mobilize
jurisdictions under the Washington state fire services mobilization
plan. The ((state fire marshal)) director of fire protection shall
serve as the state fire resources coordinator when the Washington state
fire services mobilization plan is mobilized.
Sec. 413 RCW 43.43.963 and 1997 c 49 s 11 are each amended to
read as follows:
Regions within the state are initially established as follows but
may be adjusted as necessary by the ((state fire marshal)) director of
fire protection:
(1) Northwest region - Whatcom, Skagit, Snohomish, San Juan, and
Island counties;
(2) Northeast region - Okanogan, Ferry, Stevens, Pend Oreille,
Spokane, and Lincoln counties;
(3) Olympic region - Clallam and Jefferson counties;
(4) South Puget Sound region - Kitsap, Mason, King, and Pierce
counties;
(5) Southeast region - Chelan, Douglas, Kittitas, Grant, Adams,
Whitman, Yakima, Klickitat, Benton, Franklin, Walla Walla, Columbia,
Garfield, and Asotin counties;
(6) Central region - Grays Harbor, Thurston, Pacific, and Lewis
counties; and
(7) Southwest region - Wahkiakum, Cowlitz, Clark, and Skamania
counties.
Within each of these regions there is created a regional fire
defense board. The regional fire defense boards shall consist of two
members from each county in the region. One member from each county
shall be appointed by the county fire chiefs' association or, in the
event there is no such county association, by the county's legislative
authority. Each county's office of emergency management or, in the
event there is no such office, the county's legislative authority shall
select the second representative to the regional board. The department
of natural resources fire control chief shall appoint a representative
from each department of natural resources region to serve as a member
of the appropriate regional fire defense board. Members of each
regional board will select a chairperson and secretary as officers.
Members serving on the regional boards do so in a voluntary capacity
and are not eligible for reimbursement for meeting-related expenses
from the state.
Regional defense boards shall develop regional fire service plans
that include provisions for organized fire agencies to respond across
municipal, county, or regional boundaries. Each regional plan shall be
consistent with the incident command system, the Washington state fire
services mobilization plan, and regional response plans already adopted
and in use in the state. The regional boards shall work with the
relevant local government entities to facilitate development of
intergovernmental agreements if any such agreements are required to
implement a regional fire service plan. Each regional plan shall be
approved by the fire protection policy board before implementation.
Sec. 414 RCW 43.43.964 and 2003 c 405 s 4 are each amended to
read as follows:
The ((Washington state patrol)) department in consultation with the
office of financial management and the Washington military department
shall develop procedures to facilitate reimbursement to state agencies
and jurisdictions from appropriate federal and state funds when state
agencies and jurisdictions are mobilized by the ((chief)) director
under the Washington state fire services mobilization plan. The
((Washington state patrol)) department shall ensure that these
procedures provide reimbursement to the host district in as timely a
manner as possible.
Sec. 501 RCW 43.43.035 and 1991 c 63 s 1 are each amended to read
as follows:
The chief of the Washington state patrol ((is directed to)) shall
provide security and protection for the governor, the governor's
family, and the lieutenant governor to the extent and in the manner the
governor and the chief ((of the Washington state patrol)) deem adequate
and appropriate.
In the same manner, the chief ((of the Washington state patrol is
directed to)) shall provide security and protection for the governor-elect from the time of the November election.
The chief of the Washington state patrol shall provide such
security and protection for both houses of the legislative building
while in session as in the opinion of the speaker of the house and the
president of the senate may be necessary therefor upon the advice of
the respective sergeant-at-arms of each legislative body.
Sec. 502 RCW 43.43.111 and 2005 c 27 s 2 are each amended to read
as follows:
To ensure transparency, integrity, and credibility during
Washington state patrol vehicle accident investigations, the ((agency))
department will continue to review and reform the agency policies and
procedures regarding ((Washington state patrol)) officers ((that)) who
are involved in vehicle accidents. The ((agency)) department shall
develop agency policies and include as part of the terms of ((their))
its collective bargaining agreements a progressive corrective process
addressing ((Washington state patrol)) officer vehicle accidents that
may include retraining in vehicle handling, wage or benefit reductions,
and termination of employment. The ((agency)) department shall develop
a process for tracking accidents and an accident review process.
Annually, a collision data report must be produced designating each
accident during the year as minor or severe and any resulting
disciplinary actions and be available for review by the legislature.
The ((agency)) department shall implement communication procedures for
the victims involved in the accidents from the time the accident occurs
until the investigative process has been concluded. The policies must
also provide for outside supervision of accident investigations by a
qualified independent agency under certain circumstances.
((Before the legislative committee assembly in September 2005, the
Washington state patrol shall have an outside entity that has a
reputation for and has proven experience in law enforcement management
and reviewing law enforcement and criminal justice policies and
procedures review the agency's proposed law enforcement vehicle
accident policies and procedures where a law enforcement officer is
involved. The agency will present the proposed policies and procedures
to the legislature and finalize the policies and procedures based on
input from the legislature. The Washington state patrol shall report
to the house and senate transportation committees by November 30, 2005,
on the updated policies, processes, and procedures. Once the policies
and procedures are completed, other law enforcement agencies may adopt
the policies and procedures for their agencies.))
Sec. 503 RCW 43.43.112 and 2005 c 124 s 1 are each amended to
read as follows:
((Washington state patrol)) Officers may engage in private law
enforcement off-duty employment, in uniform or in plainclothes for
private benefit, subject to guidelines adopted by the director, in
consultation with the chief ((of the Washington state patrol)). These
guidelines must ensure that the integrity and professionalism of the
Washington state patrol is preserved. Use of Washington state patrol
officer's uniforms shall be considered de minimis use of state
property.
Sec. 504 RCW 43.43.340 and 1985 c 365 s 6 are each amended to
read as follows:
(1) The names of all officers who have passed examinations
satisfactorily shall be placed on an eligible list in the order of the
grade attained in the examinations. The chief, or the committee
mentioned in RCW 43.43.330 (as recodified by this act) at the chief's
request, may determine the lowest examination grade which will qualify
an officer for inclusion of his or her name on an eligible list.
Examination papers shall be graded promptly and an eligible list shall
be made up immediately thereafter. All officers taking an examination
shall be informed of the grade earned.
(2) After an eligible list is made up all promotions shall be made
from the five top names on the applicable list, and if needed to comply
with affirmative action goals three additional names referred under
subsection (3) of this section. Not all three additional names need be
promoted at the time they are referred and they may be referred more
than once. Each officer shall be informed in writing as his or her
name is included in the top five on an eligible list or referred under
subsection (3) of this section. No officer whose name appears within
the top five on any eligible list shall be passed over for promotion
more than three times.
(3) If the vacancy to be filled is identified as part of the state
patrol's affirmative action goals as established under its affirmative
action plan, the chief may refer for consideration up to three
additional names per vacancy of individuals who are on the eligible
list and who are members of one or more of the protected groups under
Title VII of the 1964 Civil Rights Act and chapter 49.60 RCW, or for
federal contract compliance purposes, veterans and disabled veterans as
defined in the Vietnam Era Veterans Readjustment Act of 1974, Title 41
C.F.R., chapter 60, part 60-250.
The three additional names referred for each vacancy shall be the
top three members of the protected groups designated by the chief for
referral for that vacancy in accordance with the state patrol's
affirmative action goals. These names shall be drawn in rank order
from the remaining names of protected group members on the eligible
list, after ranking by examination grade. For each vacancy, a total of
three supplementary names may be referred.
(4) After having qualified for promotion hereunder an officer must
pass a medical examination and must be certified as to physical fitness
to perform the duties of the advanced position by one of three doctors
designated by the chief of the Washington state patrol.
(5) The state patrol shall consult with the human rights commission
in the development of rules pertaining to affirmative action. The
state patrol shall transmit a report annually to the human rights
commission which states the progress the state patrol has made in
meeting affirmative action goals and timetables.
Sec. 601 RCW 43.43.040 and 1998 c 194 s 1 are each amended to
read as follows:
(1) The ((chief of the Washington state patrol)) director of public
safety shall relieve from active duty Washington state patrol officers
or commissioned agents who, while in the performance of their official
duties, or while on standby or available for duty, have been or
hereafter may be injured or incapacitated to such an extent as to be
mentally or physically incapable of active service: PROVIDED, That:
(a) Any officer or commissioned agent disabled while performing
line duty who is found by the ((chief)) director of public safety to be
physically incapacitated shall be placed on disability leave for a
period not to exceed six months from the date of injury or the date
incapacitated. During this period, the officer or commissioned agent
shall be entitled to all pay, benefits, insurance, leave, and
retirement contributions awarded to an officer or commissioned agent on
active status, less any compensation received through the department of
labor and industries. No such disability leave shall be approved until
an officer or commissioned agent has been unavailable for duty for more
than forty consecutive work hours. Prior to the end of the six-month
period, the ((chief)) director of public safety shall either place the
officer or commissioned agent on disability status or return the
officer or commissioned agent to active status.
For the purposes of this section, "line duty" is active service
which encompasses the traffic law enforcement duties and/or other law
enforcement responsibilities of the state patrol or Washington bureau
of investigation. These activities encompass all enforcement practices
of the laws, accident and criminal investigations, or actions requiring
physical exertion or exposure to hazardous elements.
The ((chief)) director of public safety shall define by rule the
situations where a disability has occurred during line duty;
(b) Benefits under this section for a disability that is incurred
while in other employment will be reduced by any amount the officer or
commissioned agent receives or is entitled to receive from workers'
compensation, social security, group insurance, other pension plan, or
any other similar source provided by another employer on account of the
same disability;
(c) An officer or commissioned agent injured while engaged in
willfully tortious or criminal conduct shall not be entitled to
disability benefits under this section; and
(d) Should a disability beneficiary whose disability was not
incurred in line of duty, prior to attaining age fifty, engage in a
gainful occupation, the ((chief)) director of public safety shall
reduce the amount of ((his)) the beneficiary's retirement allowance to
an amount which when added to the compensation earned by ((him)) the
beneficiary in such occupation shall not exceed the basic salary
currently being paid for the rank the retired officer or commissioned
agent held at the time he or she was disabled. All such disability
beneficiaries under age fifty shall file with the ((chief)) director of
public safety every six months a signed and sworn statement of earnings
and any person who shall knowingly swear falsely on such statement
shall be subject to prosecution for perjury. Should the earning
capacity of such beneficiary be further altered, the chief may further
alter his disability retirement allowance as indicated above. The
failure of any officer to file the required statement of earnings shall
be cause for cancellation of retirement benefits.
(2) Officers or commissioned agents on disability status shall
receive one-half of their compensation at the existing wage, during the
time the disability continues in effect, less any compensation received
through the department of labor and industries. They shall be subject
to mental or physical examination at any state institution or otherwise
under the direction of the ((chief of the patrol)) director of public
safety at any time during such relief from duty to ascertain whether or
not they are able to resume active duty.
Sec. 602 RCW 43.43.120 and 2001 c 329 s 3 are each amended to
read as follows:
((As used in the following sections, unless a different meaning is
plainly required by the context:)) The definitions in this section
apply throughout this chapter, unless the context clearly requires
otherwise.
(1) "Retirement system" means the Washington state patrol
retirement system.
(2) "Retirement fund" means the Washington state patrol retirement
fund.
(3) "State treasurer" means the treasurer of the state of
Washington.
(4) "Member" means any person included in the membership of the
retirement fund.
(5) "Employee" means any commissioned employee of the Washington
state patrol or commissioned agent.
(6)(a) "Cadet," for a person who became a member of the retirement
system after June 12, 1980, is a person who has passed the Washington
state patrol's entry-level oral, written, physical performance, and
background examinations and is, thereby, appointed by the ((chief))
director of public safety as a candidate to be a commissioned officer
of the Washington state patrol.
(b) "Cadet," for a person who became a member of the retirement
system before June 12, 1980, is a trooper cadet, patrol cadet, or
employee of like classification, employed for the express purpose of
receiving the on-the-job training required for attendance at the state
patrol academy and for becoming a commissioned trooper. "Like
classification" includes: Radio operators or dispatchers; persons
providing security for the governor or legislature; patrolmen; drivers'
license examiners; weighmasters; vehicle safety inspectors; central
wireless operators; and warehousemen.
(7) "Beneficiary" means any person in receipt of retirement
allowance or any other benefit allowed by this chapter.
(8) "Regular interest" means interest compounded annually at such
rates as may be determined by the director.
(9) (("Retirement board" means the board provided for in this
chapter.)) "Insurance commissioner" means the insurance commissioner of
the state of Washington.
(10)
(((11))) (10) "Lieutenant governor" means the lieutenant governor
of the state of Washington.
(((12))) (11) "Service" shall mean services rendered to the state
of Washington or any political subdivisions thereof for which
compensation has been paid. Full time employment for seventy or more
hours in any given calendar month shall constitute one month of
service. An employee who is reinstated in accordance with RCW
43.43.110 (as recodified by this act) shall suffer no loss of service
for the period reinstated subject to the contribution requirements of
this chapter. Only months of service shall be counted in the
computation of any retirement allowance or other benefit provided for
herein. Years of service shall be determined by dividing the total
number of months of service by twelve. Any fraction of a year of
service as so determined shall be taken into account in the computation
of such retirement allowance or benefit.
(((13))) (12) "Prior service" shall mean all services rendered by
a member to the state of Washington, or any of its political
subdivisions prior to August 1, 1947, unless such service has been
credited in another public retirement or pension system operating in
the state of Washington.
(((14))) (13) "Current service" shall mean all service as a member
rendered on or after August 1, 1947.
(((15))) (14)(a) "Average final salary," for members commissioned
prior to January 1, 2003, shall mean the average monthly salary
received by a member during the member's last two years of service or
any consecutive two-year period of service, whichever is the greater,
as an employee of the Washington state patrol; or if the member has
less than two years of service, then the average monthly salary
received by the member during the member's total years of service.
(b) "Average final salary," for members commissioned on or after
January 1, 2003, shall mean the average monthly salary received by a
member for the highest consecutive sixty service credit months; or if
the member has less than sixty months of service, then the average
monthly salary received by the member during the member's total months
of service.
(((16))) (15) "Actuarial equivalent" shall mean a benefit of equal
value when computed upon the basis of such mortality table as may be
adopted and such interest rate as may be determined by the director.
(((17))) (16) Unless the context expressly indicates otherwise,
words importing the masculine gender shall be extended to include the
feminine gender and words importing the feminine gender shall be
extended to include the masculine gender.
(((18))) (17) "Director" means the director of the department of
retirement systems.
(((19))) (18) "Department" means the department of retirement
systems created in chapter 41.50 RCW.
(((20))) (19) "State actuary" or "actuary" means the person
appointed pursuant to RCW 44.44.010(2).
(((21))) (20) "Contributions" means the deduction from the
compensation of each member in accordance with the contribution rates
established under chapter 41.45 RCW.
(((22))) (21) "Annual increase" means as of July 1, 1999, seventy-seven cents per month per year of service which amount shall be
increased each subsequent July 1st by three percent, rounded to the
nearest cent.
(((23))) (22)(a) "Salary," for members commissioned prior to July
1, 2001, shall exclude any overtime earnings related to RCW 47.46.040,
or any voluntary overtime, earned on or after July 1, 2001.
(b) "Salary," for members commissioned on or after July 1, 2001,
shall exclude any overtime earnings related to RCW 47.46.040 or any
voluntary overtime, lump sum payments for deferred annual sick leave,
unused accumulated vacation, unused accumulated annual leave, holiday
pay, or any form of severance pay.
(((24))) (23) "Plan 2" means the Washington state patrol retirement
system plan 2, providing the benefits and funding provisions covering
commissioned employees who first become members of the system on or
after January 1, 2003.
(24) "Commissioned agent" means a commissioned agent of the
Washington bureau of investigation.
Sec. 603 RCW 43.43.130 and 1994 c 197 s 33 are each amended to
read as follows:
(1) A Washington state patrol retirement fund is hereby established
for members of the Washington state patrol and commissioned agents
which shall include funds created and placed under the management of
((a retirement board)) the director for the payment of retirement
allowances and other benefits under the provisions hereof.
(2) Any employee of the Washington state patrol or the Washington
bureau of investigation, upon date of commissioning, shall be eligible
to participate in the retirement plan and shall start contributing to
the fund immediately. Any employee of the Washington state patrol
employed by the state of Washington or any of its political
subdivisions prior to August 1, 1947, unless such service has been
credited in another public retirement or pension system operating in
the state of Washington shall receive full credit for such prior
service but after that date each new commissioned employee must
automatically participate in the fund. If a member shall terminate
service in the patrol and later reenter, he shall be treated in all
respects as a new employee.
(3)(a) A member who reenters or has reentered service within ten
years from the date of his termination, shall upon completion of six
months of continuous service and upon the restoration of all withdrawn
contributions, plus interest as determined by the director, which
restoration must be completed within five years after resumption of
service, be returned to the status of membership he earned at the time
of termination.
(b) A member who does not meet the time limitations for restoration
under (a) of this subsection, may restore the service credit destroyed
by the withdrawn contributions by paying the amount required under RCW
41.50.165(2) prior to retirement.
(4)(a) An employee of the Washington state patrol who becomes a
member of the retirement system after June 12, 1980, and who has
service as a cadet in the patrol training program may make an
irrevocable election to transfer the service to the retirement system.
Any member upon making such election shall have transferred all
existing service credited in a prior public retirement system in this
state for periods of employment as a cadet. Transfer of credit under
this subsection is contingent on completion of the transfer of funds
specified in (b) of this subsection.
(b) Within sixty days of notification of a member's cadet service
transfer as provided in (a) of this subsection, the department of
retirement systems shall transfer the employee's accumulated
contributions attributable to the periods of service as a cadet,
including accumulated interest.
(5) A member of the retirement system who has served or shall serve
on active federal service in the armed forces of the United States
pursuant to and by reason of orders by competent federal authority, who
left or shall leave the Washington state patrol or the Washington
bureau of investigation to enter such service, and who within one year
from termination of such active federal service, resumes employment as
a state employee, shall have his service in such armed forces credited
to him as a member of the retirement system: PROVIDED, That no such
service in excess of five years shall be credited unless such service
was actually rendered during time of war or emergency.
(6) An active employee of the Washington state patrol who either
became a member of the retirement system prior to June 12, 1980, and
who has prior service as a cadet in the public employees' retirement
system may make an irrevocable election to transfer such service to the
retirement system within a period ending June 30, 1985, or, if not an
active employee on July 1, 1983, within one year of returning to
commissioned service, whichever date is later. Any member upon making
such election shall have transferred all existing service credited in
the public employees' retirement system which constituted service as a
cadet together with the employee's contributions plus credited
interest. If the employee has withdrawn the employee's contributions,
the contributions must be restored to the public employees' retirement
system before the transfer of credit can occur and such restoration
must be completed within the time limits specified in this subsection
for making the elective transfer.
(7) An active employee of the Washington state patrol who either
became a member of the retirement system prior to June 12, 1980, or who
has prior service as a cadet in the public employees' retirement system
may make an irrevocable election to transfer such service to the
retirement system if they have not met the time limitations of
subsection (6) of this section by paying the amount required under RCW
41.50.165(2) less the contributions transferred. Any member upon
making such election shall have transferred all existing service
credited in the public employees' retirement system that constituted
service as a cadet together with the employee's contributions plus
credited interest. If the employee has withdrawn the employee's
contributions, the contributions must be restored to the public
employees' retirement system before the transfer of credit can occur
and such restoration must be completed within the time limits specified
in subsection (6) of this section for making the elective transfer.
(8) An active employee of the Washington state patrol or the
Washington bureau of investigation may establish up to six months'
retirement service credit in the state patrol retirement system for any
period of employment by the Washington state patrol or the Washington
bureau of investigation as a cadet if service credit for such
employment was not previously established in the public employees'
retirement system, subject to the following:
(a) Certification by the ((patrol)) director of public safety that
such employment as a cadet was for the express purpose of receiving on-the-job training required for attendance at the state patrol academy
and for becoming a commissioned trooper or commissioned agent.
(b) Payment by the member of employee contributions in the amount
of seven percent of the total salary paid for each month of service to
be established, plus interest at seven percent from the date of the
probationary service to the date of payment. This payment shall be
made by the member no later than July 1, 1988.
(c) If the payment required under (b) of this subsection was not
made by July 1, 1988, the member may establish the probationary service
by paying the amount required under RCW 41.50.165(2).
(d) A written waiver by the member of the member's right to ever
establish the same service in the public employees' retirement system
at any time in the future.
(9) The department of retirement systems shall make the requested
transfer subject to the conditions specified in subsections (6) and (7)
of this section or establish additional credit as provided in
subsection (8) of this section. Employee contributions and credited
interest transferred shall be credited to the employee's account in the
Washington state patrol retirement system.
Sec. 604 RCW 43.43.139 and 1997 c 123 s 1 are each amended to
read as follows:
Any member of the retirement system who, on or after January 1,
1995, is on leave of absence for the purpose of serving as a state
legislator, may elect to continue to be a member of this retirement
system. The member shall continue to receive service credit subject to
the following:
(1) The member will not receive more than one month's service
credit in a calendar month;
(2) Employer contributions shall be paid by the legislature;
(3) Contributions shall be based on the regular compensation which
the member would have received had such a member not served in the
legislature;
(4) The service and compensation credit under this section shall be
granted only for periods during which the legislature is in session;
and
(5) No service credit for service as a legislator will be allowed
after a member separates from employment with the Washington state
patrol or the Washington bureau of investigation.
Sec. 605 RCW 43.43.165 and 1965 c 8 s 43.43.165 are each amended
to read as follows:
Contributions may be received by the ((Washington state patrol
retirement board)) director from any public or private source for
deposit into the Washington state patrol retirement fund, and said
contributions shall be dealt with in the same manner as other state
patrol retirement funds and subject to the terms of the contribution.
Sec. 606 RCW 43.43.220 and 1989 c 273 s 25 are each amended to
read as follows:
The Washington state patrol retirement fund shall be the fund from
which shall be paid all retirement allowances or benefits in lieu
thereof which are payable as provided herein. The expenses of
operating the retirement system shall be paid from appropriations made
for the operation of the ((Washington state patrol)) department of
public safety.
Sec. 607 RCW 43.43.260 and 2005 c 64 s 10 are each amended to
read as follows:
Upon retirement from service as provided in RCW 43.43.250 (as
recodified by this act), a member shall be granted a retirement
allowance which shall consist of:
(1) A prior service allowance which shall be equal to two percent
of the member's average final salary multiplied by the number of years
of prior service rendered by the member.
(2) A current service allowance which shall be equal to two percent
of the member's average final salary multiplied by the number of years
of service rendered while a member of the retirement system.
(3)(a) Any member commissioned prior to January 1, 2003, with
twenty-five years service in the Washington state patrol or the
Washington bureau of investigation may have the member's service in the
uniformed services credited as a member whether or not the individual
left the employ of the Washington state patrol or the Washington bureau
of investigation to enter such uniformed services: PROVIDED, That in
no instance shall military service in excess of five years be credited:
AND PROVIDED FURTHER, That in each instance, a member must restore all
withdrawn accumulated contributions, which restoration must be
completed on the date of the member's retirement, or as provided under
RCW 43.43.130 (as recodified by this act), whichever occurs first: AND
PROVIDED FURTHER, That this section shall not apply to any individual,
not a veteran within the meaning of RCW 41.06.150.
(b) A member who leaves the Washington state patrol or the
Washington bureau of investigation to enter the uniformed services of
the United States shall be entitled to retirement system service credit
for up to five years of military service. This subsection shall be
administered in a manner consistent with the requirements of the
federal uniformed services employment and reemployment rights act.
(i) The member qualifies for service credit under this subsection
if:
(A) Within ninety days of the member's honorable discharge from the
uniformed services of the United States, the member applies for
reemployment with the employer who employed the member immediately
prior to the member entering the uniformed services; and
(B) The member makes the employee contributions required under RCW
41.45.0631 and 41.45.067 within five years of resumption of service or
prior to retirement, whichever comes sooner; or
(C) Prior to retirement and not within ninety days of the member's
honorable discharge or five years of resumption of service the member
pays the amount required under RCW 41.50.165(2).
(ii) Upon receipt of member contributions under (b)(i)(B),
(b)(iv)(C), and (b)(v)(C) of this subsection, the department shall
establish the member's service credit and shall bill the employer for
its contribution required under RCW 41.45.060 for the period of
military service, plus interest as determined by the department.
(iii) The contributions required under (b)(i)(B), (b)(iv)(C), and
(b)(v)(C) of this subsection shall be based on the compensation the
member would have earned if not on leave, or if that cannot be
estimated with reasonable certainty, the compensation reported for the
member in the year prior to when the member went on military leave.
(iv) The surviving spouse or eligible child or children of a member
who left the employ of an employer to enter the uniformed services of
the United States and died while serving in the uniformed services may,
on behalf of the deceased member, apply for retirement system service
credit under this subsection up to the date of the member's death in
the uniformed services. The department shall establish the deceased
member's service credit if the surviving spouse or eligible child or
children:
(A) Provides to the director proof of the member's death while
serving in the uniformed services;
(B) Provides to the director proof of the member's honorable
service in the uniformed services prior to the date of death; and
(C) If the member was commissioned on or after January 1, 2003,
pays the employee contributions required under chapter 41.45 RCW within
five years of the date of death or prior to the distribution of any
benefit, whichever comes first.
(v) A member who leaves the employ of an employer to enter the
uniformed services of the United States and becomes totally
incapacitated for continued employment by an employer while serving in
the uniformed services is entitled to retirement system service credit
under this subsection up to the date of discharge from the uniformed
services if:
(A) The member obtains a determination from the director that he or
she is totally incapacitated for continued employment due to conditions
or events that occurred while serving in the uniformed services;
(B) The member provides to the director proof of honorable
discharge from the uniformed services; and
(C) If the member was commissioned on or after January 1, 2003, the
member pays the employee contributions required under chapter 41.45 RCW
within five years of the director's determination of total disability
or prior to the distribution of any benefit, whichever comes first.
(4) In no event shall the total retirement benefits from
subsections (1), (2), and (3) of this section, of any member exceed
seventy-five percent of the member's average final salary.
(5) Beginning July 1, 2001, and every year thereafter, the
department shall determine the following information for each retired
member or beneficiary whose retirement allowance has been in effect for
at least one year:
(a) The original dollar amount of the retirement allowance;
(b) The index for the calendar year prior to the effective date of
the retirement allowance, to be known as "index A";
(c) The index for the calendar year prior to the date of
determination, to be known as "index B"; and
(d) The ratio obtained when index B is divided by index A.
The value of the ratio obtained shall be the annual adjustment to
the original retirement allowance and shall be applied beginning with
the July payment. In no event, however, shall the annual adjustment:
(i) Produce a retirement allowance which is lower than the original
retirement allowance;
(ii) Exceed three percent in the initial annual adjustment; or
(iii) Differ from the previous year's annual adjustment by more
than three percent.
For the purposes of this section, "index" means, for any calendar
year, that year's average consumer price index for the Seattle-Tacoma-Bremerton Washington area for urban wage earners and clerical workers,
all items, compiled by the bureau of labor statistics, United States
department of labor.
The provisions of this section shall apply to all members presently
retired and to all members who shall retire in the future.
Sec. 608 RCW 43.43.270 and 2002 c 158 s 15 are each amended to
read as follows:
For members commissioned prior to January 1, 2003:
(1) The normal form of retirement allowance shall be an allowance
which shall continue as long as the member lives.
(2) If a member should die while in service the member's lawful
spouse shall be paid an allowance which shall be equal to fifty percent
of the average final salary of the member. If the member should die
after retirement the member's lawful spouse shall be paid an allowance
which shall be equal to the retirement allowance then payable to the
member or fifty percent of the final average salary used in computing
the member's retirement allowance, whichever is less. The allowance
paid to the lawful spouse shall continue as long as the spouse lives:
PROVIDED, That if a surviving spouse who is receiving benefits under
this subsection marries another member of this retirement system who
subsequently predeceases such spouse, the spouse shall then be entitled
to receive the higher of the two survivors' allowances for which
eligibility requirements were met, but a surviving spouse shall not
receive more than one survivor's allowance from this system at the same
time under this subsection. To be eligible for an allowance the lawful
surviving spouse of a retired member shall have been married to the
member prior to the member's retirement and continuously thereafter
until the date of the member's death or shall have been married to the
retired member at least two years prior to the member's death. The
allowance paid to the lawful spouse may be divided with an ex spouse of
the member by a dissolution order as defined in RCW 41.50.500(3)
incident to a divorce occurring after July 1, 2002. The dissolution
order must specifically divide both the member's benefit and any
spousal survivor benefit, and must fully comply with RCW 41.50.670 and
41.50.700.
(3) If a member should die, either while in service or after
retirement, the member's surviving unmarried children under the age of
eighteen years shall be provided for in the following manner:
(a) If there is a surviving spouse, each child shall be entitled to
a benefit equal to five percent of the final average salary of the
member or retired member. The combined benefits to the surviving
spouse and all children shall not exceed sixty percent of the final
average salary of the member or retired member; and
(b) If there is no surviving spouse or the spouse should die, the
child or children shall be entitled to a benefit equal to thirty
percent of the final average salary of the member or retired member for
one child and an additional ten percent for each additional child. The
combined benefits to the children under this subsection shall not
exceed sixty percent of the final average salary of the member or
retired member. Payments under this subsection shall be prorated
equally among the children, if more than one.
(4) If a member should die in the line of duty while employed by
the Washington state patrol or the Washington bureau of investigation,
the member's surviving children under the age of twenty years and
eleven months if attending any high school, college, university, or
vocational or other educational institution accredited or approved by
the state of Washington shall be provided for in the following manner:
(a) If there is a surviving spouse, each child shall be entitled to
a benefit equal to five percent of the final average salary of the
member. The combined benefits to the surviving spouse and all children
shall not exceed sixty percent of the final average salary of the
member;
(b) If there is no surviving spouse or the spouse should die, the
unmarried child or children shall be entitled to receive a benefit
equal to thirty percent of the final average salary of the member or
retired member for one child and an additional ten percent for each
additional child. The combined benefits to the children under this
subsection shall not exceed sixty percent of the final average salary.
Payments under this subsection shall be prorated equally among the
children, if more than one; and
(c) If a beneficiary under this subsection reaches the age of
twenty-one years during the middle of a term of enrollment the benefit
shall continue until the end of that term.
(5) The provisions of this section shall apply to members who have
been retired on disability as provided in RCW 43.43.040 (as recodified
by this act) if the officer or commissioned agent was a member of the
Washington state patrol retirement system at the time of such
disability retirement.
Sec. 609 RCW 43.43.290 and 1982 1st ex.s. c 52 s 30 are each
amended to read as follows:
A person receiving benefits under RCW 43.43.040 (as recodified by
this act) will be a nonactive member. If any person who is or has been
receiving benefits under RCW 43.43.040 (as recodified by this act)
returns or has returned to active duty with the Washington state patrol
or the Washington bureau of investigation, the person shall become an
active member of the retirement system on the first day of
reemployment. The person may acquire service credit for the period of
disablement by paying into the retirement fund all contributions
required based on the compensation which would have been received had
the person not been disabled. To acquire service credit, the person
shall complete the required payment within five years of return to
active service or prior to retirement, whichever occurs first. Persons
who return to active service prior to July 1, 1982, shall complete the
required payment within five years of July 1, 1982, or prior to
retirement, whichever occurs first. No service credit for the
disability period may be allowed unless full payment is made. Interest
shall be charged at the rate set by the director of retirement systems
from the date of return to active duty or from July 1, 1982, whichever
is later, until the date of payment. The ((Washington state patrol))
department of public safety shall pay into the retirement system the
amount which it would have contributed had the person not been
disabled. The payment shall become due and payable, in total, when the
person makes the first payment. If the person fails to complete the
full payment required within the time period specified, any payments
made to the retirement fund under this section shall be refunded with
interest and any payment by the ((Washington state patrol)) department
of public safety to the retirement fund for this purpose shall be
refunded.
Sec. 610 RCW 43.43.310 and 1991 c 365 s 23 are each amended to
read as follows:
(1) Except as provided in subsections (2) and (3) of this section,
the right of any person to a retirement allowance or optional
retirement allowance under the provisions hereof and all moneys and
investments and income thereof are exempt from any state, county,
municipal, or other local tax and shall not be subject to execution,
garnishment, attachment, the operation of bankruptcy or the insolvency
laws, or other processes of law whatsoever and shall be unassignable
except as herein specifically provided.
(2) Subsection (1) of this section shall not prohibit the
department of retirement systems from complying with (a) a wage
assignment order for child support issued pursuant to chapter 26.18
RCW, (b) an order to withhold and deliver issued pursuant to chapter
74.20A RCW, (c) a notice of payroll deduction issued pursuant to RCW
26.23.060, (d) a mandatory benefits assignment order issued pursuant to
chapter 41.50 RCW, (e) a court order directing the department of
retirement systems to pay benefits directly to an obligee under a
dissolution order as defined in RCW 41.50.500(3) which fully complies
with RCW 41.50.670 and 41.50.700, or (f) any administrative or court
order expressly authorized by federal law.
(3) Subsection (1) of this section shall not be deemed to prohibit
a beneficiary of a retirement allowance from authorizing deductions
therefrom for payment of premiums due on any group insurance policy or
plan issued for the benefit of a group comprised of members of the
Washington state patrol, the Washington bureau of investigation, or
other public employees of the state of Washington, or for contributions
to the Washington state patrol memorial foundation.
Sec. 611 RCW 41.26.030 and 2005 c 459 s 1 are each amended to
read as follows:
As used in this chapter, unless a different meaning is plainly
required by the context:
(1) "Retirement system" means the "Washington law enforcement
officers' and fire fighters' retirement system" provided herein.
(2)(a) "Employer" for plan 1 members, means the legislative
authority of any city, town, county, or district or the elected
officials of any municipal corporation that employs any law enforcement
officer and/or fire fighter, any authorized association of such
municipalities, and, except for the purposes of RCW 41.26.150, any
labor guild, association, or organization, which represents the fire
fighters or law enforcement officers of at least seven cities of over
20,000 population and the membership of each local lodge or division of
which is composed of at least sixty percent law enforcement officers or
fire fighters as defined in this chapter.
(b) "Employer" for plan 2 members, means the following entities to
the extent that the entity employs any law enforcement officer and/or
fire fighter:
(i) The legislative authority of any city, town, county, or
district;
(ii) The elected officials of any municipal corporation;
(iii) The governing body of any other general authority law
enforcement agency; or
(iv) A four-year institution of higher education having a fully
operational fire department as of January 1, 1996.
(3) "Law enforcement officer" beginning January 1, 1994, means any
person who is commissioned and employed by an employer on a full time,
fully compensated basis to enforce the criminal laws of the state of
Washington generally, with the following qualifications:
(a) No person who is serving in a position that is basically
clerical or secretarial in nature, and who is not commissioned shall be
considered a law enforcement officer;
(b) Only those deputy sheriffs, including those serving under a
different title pursuant to county charter, who have successfully
completed a civil service examination for deputy sheriff or the
equivalent position, where a different title is used, and those persons
serving in unclassified positions authorized by RCW 41.14.070 except a
private secretary will be considered law enforcement officers;
(c) Only such full time commissioned law enforcement personnel as
have been appointed to offices, positions, or ranks in the police
department which have been specifically created or otherwise expressly
provided for and designated by city charter provision or by ordinance
enacted by the legislative body of the city shall be considered city
police officers;
(d) The term "law enforcement officer" also includes the executive
secretary of a labor guild, association or organization (which is an
employer under RCW 41.26.030(2)) if that individual has five years
previous membership in the retirement system established in chapter
41.20 RCW. The provisions of this subsection (3)(d) shall not apply to
plan 2 members; and
(e) The term "law enforcement officer" also includes a person
employed on or after January 1, 1993, as a public safety officer or
director of public safety, so long as the job duties substantially
involve only either police or fire duties, or both, and no other duties
in a city or town with a population of less than ten thousand. The
provisions of this subsection (3)(e) shall not apply to any public
safety officer or director of public safety who is receiving a
retirement allowance under this chapter as of May 12, 1993, nor to an
employee of the Washington state department of public safety or the
director of the Washington state department of public safety.
(4) "Fire fighter" means:
(a) Any person who is serving on a full time, fully compensated
basis as a member of a fire department of an employer and who is
serving in a position which requires passing a civil service
examination for fire fighter, and who is actively employed as such;
(b) Anyone who is actively employed as a full time fire fighter
where the fire department does not have a civil service examination;
(c) Supervisory fire fighter personnel;
(d) Any full time executive secretary of an association of fire
protection districts authorized under RCW 52.12.031. The provisions of
this subsection (4)(d) shall not apply to plan 2 members;
(e) The executive secretary of a labor guild, association or
organization (which is an employer under RCW 41.26.030(2) as now or
hereafter amended), if such individual has five years previous
membership in a retirement system established in chapter 41.16 or 41.18
RCW. The provisions of this subsection (4)(e) shall not apply to plan
2 members;
(f) Any person who is serving on a full time, fully compensated
basis for an employer, as a fire dispatcher, in a department in which,
on March 1, 1970, a dispatcher was required to have passed a civil
service examination for fire fighter;
(g) Any person who on March 1, 1970, was employed on a full time,
fully compensated basis by an employer, and who on May 21, 1971, was
making retirement contributions under the provisions of chapter 41.16
or 41.18 RCW; and
(h) Any person who is employed on a full-time, fully compensated
basis by an employer as an emergency medical technician.
(5) "Department" means the department of retirement systems created
in chapter 41.50 RCW.
(6) "Surviving spouse" means the surviving widow or widower of a
member. "Surviving spouse" shall not include the divorced spouse of a
member except as provided in RCW 41.26.162.
(7)(a) "Child" or "children" means an unmarried person who is under
the age of eighteen or mentally or physically handicapped as determined
by the department, except a handicapped person in the full time care of
a state institution, who is:
(i) A natural born child;
(ii) A stepchild where that relationship was in existence prior to
the date benefits are payable under this chapter;
(iii) A posthumous child;
(iv) A child legally adopted or made a legal ward of a member prior
to the date benefits are payable under this chapter; or
(v) An illegitimate child legitimized prior to the date any
benefits are payable under this chapter.
(b) A person shall also be deemed to be a child up to and including
the age of twenty years and eleven months while attending any high
school, college, or vocational or other educational institution
accredited, licensed, or approved by the state, in which it is located,
including the summer vacation months and all other normal and regular
vacation periods at the particular educational institution after which
the child returns to school.
(8) "Member" means any fire fighter, law enforcement officer, or
other person as would apply under subsections (3) or (4) of this
section whose membership is transferred to the Washington law
enforcement officers' and fire fighters' retirement system on or after
March 1, 1970, and every law enforcement officer and fire fighter who
is employed in that capacity on or after such date.
(9) "Retirement fund" means the "Washington law enforcement
officers' and fire fighters' retirement system fund" as provided for
herein.
(10) "Employee" means any law enforcement officer or fire fighter
as defined in subsections (3) and (4) of this section.
(11)(a) "Beneficiary" for plan 1 members, means any person in
receipt of a retirement allowance, disability allowance, death benefit,
or any other benefit described herein.
(b) "Beneficiary" for plan 2 members, means any person in receipt
of a retirement allowance or other benefit provided by this chapter
resulting from service rendered to an employer by another person.
(12)(a) "Final average salary" for plan 1 members, means (i) for a
member holding the same position or rank for a minimum of twelve months
preceding the date of retirement, the basic salary attached to such
same position or rank at time of retirement; (ii) for any other member,
including a civil service member who has not served a minimum of twelve
months in the same position or rank preceding the date of retirement,
the average of the greatest basic salaries payable to such member
during any consecutive twenty-four month period within such member's
last ten years of service for which service credit is allowed, computed
by dividing the total basic salaries payable to such member during the
selected twenty-four month period by twenty-four; (iii) in the case of
disability of any member, the basic salary payable to such member at
the time of disability retirement; (iv) in the case of a member who
hereafter vests pursuant to RCW 41.26.090, the basic salary payable to
such member at the time of vesting.
(b) "Final average salary" for plan 2 members, means the monthly
average of the member's basic salary for the highest consecutive sixty
service credit months of service prior to such member's retirement,
termination, or death. Periods constituting authorized unpaid leaves
of absence may not be used in the calculation of final average salary.
(13)(a) "Basic salary" for plan 1 members, means the basic monthly
rate of salary or wages, including longevity pay but not including
overtime earnings or special salary or wages, upon which pension or
retirement benefits will be computed and upon which employer
contributions and salary deductions will be based.
(b) "Basic salary" for plan 2 members, means salaries or wages
earned by a member during a payroll period for personal services,
including overtime payments, and shall include wages and salaries
deferred under provisions established pursuant to sections 403(b),
414(h), and 457 of the United States Internal Revenue Code, but shall
exclude lump sum payments for deferred annual sick leave, unused
accumulated vacation, unused accumulated annual leave, or any form of
severance pay. In any year in which a member serves in the legislature
the member shall have the option of having such member's basic salary
be the greater of:
(i) The basic salary the member would have received had such member
not served in the legislature; or
(ii) Such member's actual basic salary received for nonlegislative
public employment and legislative service combined. Any additional
contributions to the retirement system required because basic salary
under (b)(i) of this subsection is greater than basic salary under
(b)(ii) of this subsection shall be paid by the member for both member
and employer contributions.
(14)(a) "Service" for plan 1 members, means all periods of
employment for an employer as a fire fighter or law enforcement
officer, for which compensation is paid, together with periods of
suspension not exceeding thirty days in duration. For the purposes of
this chapter service shall also include service in the armed forces of
the United States as provided in RCW 41.26.190. Credit shall be
allowed for all service credit months of service rendered by a member
from and after the member's initial commencement of employment as a
fire fighter or law enforcement officer, during which the member worked
for seventy or more hours, or was on disability leave or disability
retirement. Only service credit months of service shall be counted in
the computation of any retirement allowance or other benefit provided
for in this chapter.
(i) For members retiring after May 21, 1971 who were employed under
the coverage of a prior pension act before March 1, 1970, "service"
shall also include (A) such military service not exceeding five years
as was creditable to the member as of March 1, 1970, under the member's
particular prior pension act, and (B) such other periods of service as
were then creditable to a particular member under the provisions of RCW
41.18.165, 41.20.160 or 41.20.170. However, in no event shall credit
be allowed for any service rendered prior to March 1, 1970, where the
member at the time of rendition of such service was employed in a
position covered by a prior pension act, unless such service, at the
time credit is claimed therefor, is also creditable under the
provisions of such prior act.
(ii) A member who is employed by two employers at the same time
shall only be credited with service to one such employer for any month
during which the member rendered such dual service.
(b) "Service" for plan 2 members, means periods of employment by a
member for one or more employers for which basic salary is earned for
ninety or more hours per calendar month which shall constitute a
service credit month. Periods of employment by a member for one or
more employers for which basic salary is earned for at least seventy
hours but less than ninety hours per calendar month shall constitute
one-half service credit month. Periods of employment by a member for
one or more employers for which basic salary is earned for less than
seventy hours shall constitute a one-quarter service credit month.
Members of the retirement system who are elected or appointed to a
state elective position may elect to continue to be members of this
retirement system.
Service credit years of service shall be determined by dividing the
total number of service credit months of service by twelve. Any
fraction of a service credit year of service as so determined shall be
taken into account in the computation of such retirement allowance or
benefits.
If a member receives basic salary from two or more employers during
any calendar month, the individual shall receive one service credit
month's service credit during any calendar month in which multiple
service for ninety or more hours is rendered; or one-half service
credit month's service credit during any calendar month in which
multiple service for at least seventy hours but less than ninety hours
is rendered; or one-quarter service credit month during any calendar
month in which multiple service for less than seventy hours is
rendered.
(15) "Accumulated contributions" means the employee's contributions
made by a member, including any amount paid under RCW 41.50.165(2),
plus accrued interest credited thereon.
(16) "Actuarial reserve" means a method of financing a pension or
retirement plan wherein reserves are accumulated as the liabilities for
benefit payments are incurred in order that sufficient funds will be
available on the date of retirement of each member to pay the member's
future benefits during the period of retirement.
(17) "Actuarial valuation" means a mathematical determination of
the financial condition of a retirement plan. It includes the
computation of the present monetary value of benefits payable to
present members, and the present monetary value of future employer and
employee contributions, giving effect to mortality among active and
retired members and also to the rates of disability, retirement,
withdrawal from service, salary and interest earned on investments.
(18) "Disability board" for plan 1 members means either the county
disability board or the city disability board established in RCW
41.26.110.
(19) "Disability leave" means the period of six months or any
portion thereof during which a member is on leave at an allowance equal
to the member's full salary prior to the commencement of disability
retirement. The definition contained in this subsection shall apply
only to plan 1 members.
(20) "Disability retirement" for plan 1 members, means the period
following termination of a member's disability leave, during which the
member is in receipt of a disability retirement allowance.
(21) "Position" means the employment held at any particular time,
which may or may not be the same as civil service rank.
(22) "Medical services" for plan 1 members, shall include the
following as minimum services to be provided. Reasonable charges for
these services shall be paid in accordance with RCW 41.26.150.
(a) Hospital expenses: These are the charges made by a hospital,
in its own behalf, for
(i) Board and room not to exceed semiprivate room rate unless
private room is required by the attending physician due to the
condition of the patient.
(ii) Necessary hospital services, other than board and room,
furnished by the hospital.
(b) Other medical expenses: The following charges are considered
"other medical expenses", provided that they have not been considered
as "hospital expenses".
(i) The fees of the following:
(A) A physician or surgeon licensed under the provisions of chapter
18.71 RCW;
(B) An osteopathic physician and surgeon licensed under the
provisions of chapter 18.57 RCW;
(C) A chiropractor licensed under the provisions of chapter 18.25
RCW.
(ii) The charges of a registered graduate nurse other than a nurse
who ordinarily resides in the member's home, or is a member of the
family of either the member or the member's spouse.
(iii) The charges for the following medical services and supplies:
(A) Drugs and medicines upon a physician's prescription;
(B) Diagnostic x-ray and laboratory examinations;
(C) X-ray, radium, and radioactive isotopes therapy;
(D) Anesthesia and oxygen;
(E) Rental of iron lung and other durable medical and surgical
equipment;
(F) Artificial limbs and eyes, and casts, splints, and trusses;
(G) Professional ambulance service when used to transport the
member to or from a hospital when injured by an accident or stricken by
a disease;
(H) Dental charges incurred by a member who sustains an accidental
injury to his or her teeth and who commences treatment by a legally
licensed dentist within ninety days after the accident;
(I) Nursing home confinement or hospital extended care facility;
(J) Physical therapy by a registered physical therapist;
(K) Blood transfusions, including the cost of blood and blood
plasma not replaced by voluntary donors;
(L) An optometrist licensed under the provisions of chapter 18.53
RCW.
(23) "Regular interest" means such rate as the director may
determine.
(24) "Retiree" for persons who establish membership in the
retirement system on or after October 1, 1977, means any member in
receipt of a retirement allowance or other benefit provided by this
chapter resulting from service rendered to an employer by such member.
(25) "Director" means the director of the department.
(26) "State actuary" or "actuary" means the person appointed
pursuant to RCW 44.44.010(2).
(27) "State elective position" means any position held by any
person elected or appointed to statewide office or elected or appointed
as a member of the legislature.
(28) "Plan 1" means the law enforcement officers' and fire
fighters' retirement system, plan 1 providing the benefits and funding
provisions covering persons who first became members of the system
prior to October 1, 1977.
(29) "Plan 2" means the law enforcement officers' and fire
fighters' retirement system, plan 2 providing the benefits and funding
provisions covering persons who first became members of the system on
and after October 1, 1977.
(30) "Service credit year" means an accumulation of months of
service credit which is equal to one when divided by twelve.
(31) "Service credit month" means a full service credit month or an
accumulation of partial service credit months that are equal to one.
(32) "General authority law enforcement agency" means any agency,
department, or division of a municipal corporation, political
subdivision, or other unit of local government of this state, and any
agency, department, or division of state government, having as its
primary function the detection and apprehension of persons committing
infractions or violating the traffic or criminal laws in general, but
not including the Washington state patrol or the Washington bureau of
investigation. Such an agency, department, or division is
distinguished from a limited authority law enforcement agency having as
one of its functions the apprehension or detection of persons
committing infractions or violating the traffic or criminal laws
relating to limited subject areas, including but not limited to, the
state departments of natural resources and social and health services,
the state gambling commission, the state lottery commission, the state
parks and recreation commission, the state utilities and transportation
commission, the state liquor control board, and the state department of
corrections.
Sec. 612 RCW 41.26.030 and 2003 c 388 s 2 are each amended to
read as follows:
As used in this chapter, unless a different meaning is plainly
required by the context:
(1) "Retirement system" means the "Washington law enforcement
officers' and fire fighters' retirement system" provided herein.
(2)(a) "Employer" for plan 1 members, means the legislative
authority of any city, town, county, or district or the elected
officials of any municipal corporation that employs any law enforcement
officer and/or fire fighter, any authorized association of such
municipalities, and, except for the purposes of RCW 41.26.150, any
labor guild, association, or organization, which represents the fire
fighters or law enforcement officers of at least seven cities of over
20,000 population and the membership of each local lodge or division of
which is composed of at least sixty percent law enforcement officers or
fire fighters as defined in this chapter.
(b) "Employer" for plan 2 members, means the following entities to
the extent that the entity employs any law enforcement officer and/or
fire fighter:
(i) The legislative authority of any city, town, county, or
district;
(ii) The elected officials of any municipal corporation;
(iii) The governing body of any other general authority law
enforcement agency; or
(iv) A four-year institution of higher education having a fully
operational fire department as of January 1, 1996.
(3) "Law enforcement officer" beginning January 1, 1994, means any
person who is commissioned and employed by an employer on a full time,
fully compensated basis to enforce the criminal laws of the state of
Washington generally, with the following qualifications:
(a) No person who is serving in a position that is basically
clerical or secretarial in nature, and who is not commissioned shall be
considered a law enforcement officer;
(b) Only those deputy sheriffs, including those serving under a
different title pursuant to county charter, who have successfully
completed a civil service examination for deputy sheriff or the
equivalent position, where a different title is used, and those persons
serving in unclassified positions authorized by RCW 41.14.070 except a
private secretary will be considered law enforcement officers;
(c) Only such full time commissioned law enforcement personnel as
have been appointed to offices, positions, or ranks in the police
department which have been specifically created or otherwise expressly
provided for and designated by city charter provision or by ordinance
enacted by the legislative body of the city shall be considered city
police officers;
(d) The term "law enforcement officer" also includes the executive
secretary of a labor guild, association or organization (which is an
employer under RCW 41.26.030(2)) if that individual has five years
previous membership in the retirement system established in chapter
41.20 RCW. The provisions of this subsection (3)(d) shall not apply to
plan 2 members; and
(e) The term "law enforcement officer" also includes a person
employed on or after January 1, 1993, as a public safety officer or
director of public safety, so long as the job duties substantially
involve only either police or fire duties, or both, and no other duties
in a city or town with a population of less than ten thousand. The
provisions of this subsection (3)(e) shall not apply to any public
safety officer or director of public safety who is receiving a
retirement allowance under this chapter as of May 12, 1993, nor to an
employee of the Washington state department of public safety or to the
director of the Washington state department of public safety.
(4) "Fire fighter" means:
(a) Any person who is serving on a full time, fully compensated
basis as a member of a fire department of an employer and who is
serving in a position which requires passing a civil service
examination for fire fighter, and who is actively employed as such;
(b) Anyone who is actively employed as a full time fire fighter
where the fire department does not have a civil service examination;
(c) Supervisory fire fighter personnel;
(d) Any full time executive secretary of an association of fire
protection districts authorized under RCW 52.12.031. The provisions of
this subsection (4)(d) shall not apply to plan 2 members;
(e) The executive secretary of a labor guild, association or
organization (which is an employer under RCW 41.26.030(2) as now or
hereafter amended), if such individual has five years previous
membership in a retirement system established in chapter 41.16 or 41.18
RCW. The provisions of this subsection (4)(e) shall not apply to plan
2 members;
(f) Any person who is serving on a full time, fully compensated
basis for an employer, as a fire dispatcher, in a department in which,
on March 1, 1970, a dispatcher was required to have passed a civil
service examination for fire fighter; and
(g) Any person who on March 1, 1970, was employed on a full time,
fully compensated basis by an employer, and who on May 21, 1971, was
making retirement contributions under the provisions of chapter 41.16
or 41.18 RCW.
(5) "Department" means the department of retirement systems created
in chapter 41.50 RCW.
(6) "Surviving spouse" means the surviving widow or widower of a
member. "Surviving spouse" shall not include the divorced spouse of a
member except as provided in RCW 41.26.162.
(7)(a) "Child" or "children" means an unmarried person who is under
the age of eighteen or mentally or physically handicapped as determined
by the department, except a handicapped person in the full time care of
a state institution, who is:
(i) A natural born child;
(ii) A stepchild where that relationship was in existence prior to
the date benefits are payable under this chapter;
(iii) A posthumous child;
(iv) A child legally adopted or made a legal ward of a member prior
to the date benefits are payable under this chapter; or
(v) An illegitimate child legitimized prior to the date any
benefits are payable under this chapter.
(b) A person shall also be deemed to be a child up to and including
the age of twenty years and eleven months while attending any high
school, college, or vocational or other educational institution
accredited, licensed, or approved by the state, in which it is located,
including the summer vacation months and all other normal and regular
vacation periods at the particular educational institution after which
the child returns to school.
(8) "Member" means any fire fighter, law enforcement officer, or
other person as would apply under subsections (3) or (4) of this
section whose membership is transferred to the Washington law
enforcement officers' and fire fighters' retirement system on or after
March 1, 1970, and every law enforcement officer and fire fighter who
is employed in that capacity on or after such date.
(9) "Retirement fund" means the "Washington law enforcement
officers' and fire fighters' retirement system fund" as provided for
herein.
(10) "Employee" means any law enforcement officer or fire fighter
as defined in subsections (3) and (4) of this section.
(11)(a) "Beneficiary" for plan 1 members, means any person in
receipt of a retirement allowance, disability allowance, death benefit,
or any other benefit described herein.
(b) "Beneficiary" for plan 2 members, means any person in receipt
of a retirement allowance or other benefit provided by this chapter
resulting from service rendered to an employer by another person.
(12)(a) "Final average salary" for plan 1 members, means (i) for a
member holding the same position or rank for a minimum of twelve months
preceding the date of retirement, the basic salary attached to such
same position or rank at time of retirement; (ii) for any other member,
including a civil service member who has not served a minimum of twelve
months in the same position or rank preceding the date of retirement,
the average of the greatest basic salaries payable to such member
during any consecutive twenty-four month period within such member's
last ten years of service for which service credit is allowed, computed
by dividing the total basic salaries payable to such member during the
selected twenty-four month period by twenty-four; (iii) in the case of
disability of any member, the basic salary payable to such member at
the time of disability retirement; (iv) in the case of a member who
hereafter vests pursuant to RCW 41.26.090, the basic salary payable to
such member at the time of vesting.
(b) "Final average salary" for plan 2 members, means the monthly
average of the member's basic salary for the highest consecutive sixty
service credit months of service prior to such member's retirement,
termination, or death. Periods constituting authorized unpaid leaves
of absence may not be used in the calculation of final average salary.
(13)(a) "Basic salary" for plan 1 members, means the basic monthly
rate of salary or wages, including longevity pay but not including
overtime earnings or special salary or wages, upon which pension or
retirement benefits will be computed and upon which employer
contributions and salary deductions will be based.
(b) "Basic salary" for plan 2 members, means salaries or wages
earned by a member during a payroll period for personal services,
including overtime payments, and shall include wages and salaries
deferred under provisions established pursuant to sections 403(b),
414(h), and 457 of the United States Internal Revenue Code, but shall
exclude lump sum payments for deferred annual sick leave, unused
accumulated vacation, unused accumulated annual leave, or any form of
severance pay. In any year in which a member serves in the legislature
the member shall have the option of having such member's basic salary
be the greater of:
(i) The basic salary the member would have received had such member
not served in the legislature; or
(ii) Such member's actual basic salary received for nonlegislative
public employment and legislative service combined. Any additional
contributions to the retirement system required because basic salary
under (b)(i) of this subsection is greater than basic salary under
(b)(ii) of this subsection shall be paid by the member for both member
and employer contributions.
(14)(a) "Service" for plan 1 members, means all periods of
employment for an employer as a fire fighter or law enforcement
officer, for which compensation is paid, together with periods of
suspension not exceeding thirty days in duration. For the purposes of
this chapter service shall also include service in the armed forces of
the United States as provided in RCW 41.26.190. Credit shall be
allowed for all service credit months of service rendered by a member
from and after the member's initial commencement of employment as a
fire fighter or law enforcement officer, during which the member worked
for seventy or more hours, or was on disability leave or disability
retirement. Only service credit months of service shall be counted in
the computation of any retirement allowance or other benefit provided
for in this chapter.
(i) For members retiring after May 21, 1971 who were employed under
the coverage of a prior pension act before March 1, 1970, "service"
shall also include (A) such military service not exceeding five years
as was creditable to the member as of March 1, 1970, under the member's
particular prior pension act, and (B) such other periods of service as
were then creditable to a particular member under the provisions of RCW
41.18.165, 41.20.160 or 41.20.170. However, in no event shall credit
be allowed for any service rendered prior to March 1, 1970, where the
member at the time of rendition of such service was employed in a
position covered by a prior pension act, unless such service, at the
time credit is claimed therefor, is also creditable under the
provisions of such prior act.
(ii) A member who is employed by two employers at the same time
shall only be credited with service to one such employer for any month
during which the member rendered such dual service.
(b) "Service" for plan 2 members, means periods of employment by a
member for one or more employers for which basic salary is earned for
ninety or more hours per calendar month which shall constitute a
service credit month. Periods of employment by a member for one or
more employers for which basic salary is earned for at least seventy
hours but less than ninety hours per calendar month shall constitute
one-half service credit month. Periods of employment by a member for
one or more employers for which basic salary is earned for less than
seventy hours shall constitute a one-quarter service credit month.
Members of the retirement system who are elected or appointed to a
state elective position may elect to continue to be members of this
retirement system.
Service credit years of service shall be determined by dividing the
total number of service credit months of service by twelve. Any
fraction of a service credit year of service as so determined shall be
taken into account in the computation of such retirement allowance or
benefits.
If a member receives basic salary from two or more employers during
any calendar month, the individual shall receive one service credit
month's service credit during any calendar month in which multiple
service for ninety or more hours is rendered; or one-half service
credit month's service credit during any calendar month in which
multiple service for at least seventy hours but less than ninety hours
is rendered; or one-quarter service credit month during any calendar
month in which multiple service for less than seventy hours is
rendered.
(15) "Accumulated contributions" means the employee's contributions
made by a member, including any amount paid under RCW 41.50.165(2),
plus accrued interest credited thereon.
(16) "Actuarial reserve" means a method of financing a pension or
retirement plan wherein reserves are accumulated as the liabilities for
benefit payments are incurred in order that sufficient funds will be
available on the date of retirement of each member to pay the member's
future benefits during the period of retirement.
(17) "Actuarial valuation" means a mathematical determination of
the financial condition of a retirement plan. It includes the
computation of the present monetary value of benefits payable to
present members, and the present monetary value of future employer and
employee contributions, giving effect to mortality among active and
retired members and also to the rates of disability, retirement,
withdrawal from service, salary and interest earned on investments.
(18) "Disability board" for plan 1 members means either the county
disability board or the city disability board established in RCW
41.26.110.
(19) "Disability leave" means the period of six months or any
portion thereof during which a member is on leave at an allowance equal
to the member's full salary prior to the commencement of disability
retirement. The definition contained in this subsection shall apply
only to plan 1 members.
(20) "Disability retirement" for plan 1 members, means the period
following termination of a member's disability leave, during which the
member is in receipt of a disability retirement allowance.
(21) "Position" means the employment held at any particular time,
which may or may not be the same as civil service rank.
(22) "Medical services" for plan 1 members, shall include the
following as minimum services to be provided. Reasonable charges for
these services shall be paid in accordance with RCW 41.26.150.
(a) Hospital expenses: These are the charges made by a hospital,
in its own behalf, for
(i) Board and room not to exceed semiprivate room rate unless
private room is required by the attending physician due to the
condition of the patient.
(ii) Necessary hospital services, other than board and room,
furnished by the hospital.
(b) Other medical expenses: The following charges are considered
"other medical expenses", provided that they have not been considered
as "hospital expenses".
(i) The fees of the following:
(A) A physician or surgeon licensed under the provisions of chapter
18.71 RCW;
(B) An osteopathic physician and surgeon licensed under the
provisions of chapter 18.57 RCW;
(C) A chiropractor licensed under the provisions of chapter 18.25
RCW.
(ii) The charges of a registered graduate nurse other than a nurse
who ordinarily resides in the member's home, or is a member of the
family of either the member or the member's spouse.
(iii) The charges for the following medical services and supplies:
(A) Drugs and medicines upon a physician's prescription;
(B) Diagnostic x-ray and laboratory examinations;
(C) X-ray, radium, and radioactive isotopes therapy;
(D) Anesthesia and oxygen;
(E) Rental of iron lung and other durable medical and surgical
equipment;
(F) Artificial limbs and eyes, and casts, splints, and trusses;
(G) Professional ambulance service when used to transport the
member to or from a hospital when injured by an accident or stricken by
a disease;
(H) Dental charges incurred by a member who sustains an accidental
injury to his or her teeth and who commences treatment by a legally
licensed dentist within ninety days after the accident;
(I) Nursing home confinement or hospital extended care facility;
(J) Physical therapy by a registered physical therapist;
(K) Blood transfusions, including the cost of blood and blood
plasma not replaced by voluntary donors;
(L) An optometrist licensed under the provisions of chapter 18.53
RCW.
(23) "Regular interest" means such rate as the director may
determine.
(24) "Retiree" for persons who establish membership in the
retirement system on or after October 1, 1977, means any member in
receipt of a retirement allowance or other benefit provided by this
chapter resulting from service rendered to an employer by such member.
(25) "Director" means the director of the department.
(26) "State actuary" or "actuary" means the person appointed
pursuant to RCW 44.44.010(2).
(27) "State elective position" means any position held by any
person elected or appointed to statewide office or elected or appointed
as a member of the legislature.
(28) "Plan 1" means the law enforcement officers' and fire
fighters' retirement system, plan 1 providing the benefits and funding
provisions covering persons who first became members of the system
prior to October 1, 1977.
(29) "Plan 2" means the law enforcement officers' and fire
fighters' retirement system, plan 2 providing the benefits and funding
provisions covering persons who first became members of the system on
and after October 1, 1977.
(30) "Service credit year" means an accumulation of months of
service credit which is equal to one when divided by twelve.
(31) "Service credit month" means a full service credit month or an
accumulation of partial service credit months that are equal to one.
(32) "General authority law enforcement agency" means any agency,
department, or division of a municipal corporation, political
subdivision, or other unit of local government of this state, and any
agency, department, or division of state government, having as its
primary function the detection and apprehension of persons committing
infractions or violating the traffic or criminal laws in general, but
not including the Washington state patrol or the Washington bureau of
investigation. Such an agency, department, or division is
distinguished from a limited authority law enforcement agency having as
one of its functions the apprehension or detection of persons
committing infractions or violating the traffic or criminal laws
relating to limited subject areas, including but not limited to, the
state departments of natural resources and social and health services,
the state gambling commission, the state lottery commission, the state
parks and recreation commission, the state utilities and transportation
commission, the state liquor control board, and the state department of
corrections.
Sec. 613 RCW 41.37.010 and 2005 c 327 s 4 are each amended to
read as follows:
The definitions in this section apply throughout this chapter,
unless the context clearly requires otherwise.
(1) "Retirement system" means the Washington public safety
employees' retirement system provided for in this chapter.
(2) "Department" means the department of retirement systems created
in chapter 41.50 RCW.
(3) "State treasurer" means the treasurer of the state of
Washington.
(4) "Employer" means the Washington state department of
corrections, the Washington state parks and recreation commission, the
Washington state gambling commission, the Washington state ((patrol))
department of public safety, the Washington state liquor control board,
county corrections departments, city corrections departments not
covered under chapter 41.28 RCW, or other employers employing statewide
elective officials.
(5) "Member" means any employee employed by an employer on a full-time, fully compensated basis within the following job classes in
effect as of January 1, 2004: City corrections officers, jailers,
police support officers, custody officers, and bailiffs; county
corrections officers, jailers, custody officers, and sheriffs
corrections officers; county probation officers and probation
counselors; state correctional officers, correctional sergeants, and
community corrections officers; liquor enforcement officers; park
rangers; commercial vehicle enforcement officers; and gambling special
agents.
(6)(a) "Compensation earnable" for members, means salaries or wages
earned by a member during a payroll period for personal services,
including overtime payments, and shall include wages and salaries
deferred under provisions established pursuant to sections 403(b),
414(h), and 457 of the United States internal revenue code, but shall
exclude nonmoney maintenance compensation and lump sum or other
payments for deferred annual sick leave, unused accumulated vacation,
unused accumulated annual leave, or any form of severance pay.
(b) "Compensation earnable" for members also includes the following
actual or imputed payments, which are not paid for personal services:
(i) Retroactive payments to an individual by an employer on
reinstatement of the employee in a position, or payments by an employer
to an individual in lieu of reinstatement, which are awarded or granted
as the equivalent of the salary or wage which the individual would have
earned during a payroll period shall be considered compensation
earnable to the extent provided in this subsection, and the individual
shall receive the equivalent service credit;
(ii) In any year in which a member serves in the legislature, the
member shall have the option of having such member's compensation
earnable be the greater of:
(A) The compensation earnable the member would have received had
such member not served in the legislature; or
(B) Such member's actual compensation earnable received for
nonlegislative public employment and legislative service combined. Any
additional contributions to the retirement system required because
compensation earnable under (b)(ii)(A) of this subsection is greater
than compensation earnable under (b)(ii)(B) of this subsection shall be
paid by the member for both member and employer contributions;
(iii) Assault pay only as authorized by RCW 27.04.100, 72.01.045,
and 72.09.240;
(iv) Compensation that a member would have received but for a
disability occurring in the line of duty only as authorized by RCW
41.37.070;
(v) Compensation that a member receives due to participation in the
leave sharing program only as authorized by RCW 41.04.650 through
41.04.670; and
(vi) Compensation that a member receives for being in standby
status. For the purposes of this section, a member is in standby
status when not being paid for time actually worked and the employer
requires the member to be prepared to report immediately for work, if
the need arises, although the need may not arise.
(7) "Service" means periods of employment by a member on or after
July 1, 2006, for one or more employers for which compensation earnable
is paid. Compensation earnable earned for ninety or more hours in any
calendar month shall constitute one service credit month. Compensation
earnable earned for at least seventy hours but less than ninety hours
in any calendar month shall constitute one-half service credit month of
service. Compensation earnable earned for less than seventy hours in
any calendar month shall constitute one-quarter service credit month of
service. Time spent in standby status, whether compensated or not, is
not service.
Any fraction of a year of service shall be taken into account in
the computation of such retirement allowance or benefits.
(a) Service in any state elective position shall be deemed to be
full-time service.
(b) A member shall receive a total of not more than twelve service
credit months of service for such calendar year. If an individual is
employed in an eligible position by one or more employers the
individual shall receive no more than one service credit month during
any calendar month in which multiple service for ninety or more hours
is rendered.
(8) "Service credit year" means an accumulation of months of
service credit which is equal to one when divided by twelve.
(9) "Service credit month" means a month or an accumulation of
months of service credit which is equal to one.
(10) "Membership service" means all service rendered as a member.
(11) "Beneficiary" means any person in receipt of a retirement
allowance or other benefit provided by this chapter resulting from
service rendered to an employer by another person.
(12) "Regular interest" means such rate as the director may
determine.
(13) "Accumulated contributions" means the sum of all contributions
standing to the credit of a member in the member's individual account,
including any amount paid under RCW 41.50.165(2), together with the
regular interest thereon.
(14) "Average final compensation" means the member's average
compensation earnable of the highest consecutive sixty months of
service credit months prior to such member's retirement, termination,
or death. Periods constituting authorized leaves of absence may not be
used in the calculation of average final compensation except under RCW
41.37.290.
(15) "Final compensation" means the annual rate of compensation
earnable by a member at the time of termination of employment.
(16) "Annuity" means payments for life derived from accumulated
contributions of a member. All annuities shall be paid in monthly
installments.
(17) "Pension" means payments for life derived from contributions
made by the employer. All pensions shall be paid in monthly
installments.
(18) "Retirement allowance" means monthly payments to a retiree or
beneficiary as provided in this chapter.
(19) "Employee" or "employed" means a person who is providing
services for compensation to an employer, unless the person is free
from the employer's direction and control over the performance of work.
The department shall adopt rules and interpret this subsection
consistent with common law.
(20) "Actuarial equivalent" means a benefit of equal value when
computed upon the basis of such mortality and other tables as may be
adopted by the director.
(21) "Retirement" means withdrawal from active service with a
retirement allowance as provided by this chapter.
(22) "Eligible position" means any permanent, full-time, fully
compensated position included in subsection (5) of this section.
(23) "Ineligible position" means any position which does not
conform with the requirements set forth in subsection (22) of this
section.
(24) "Leave of absence" means the period of time a member is
authorized by the employer to be absent from service without being
separated from membership.
(25) "Retiree" means any person who has begun accruing a retirement
allowance or other benefit provided by this chapter resulting from
service rendered to an employer while a member.
(26) "Director" means the director of the department.
(27) "State elective position" means any position held by any
person elected or appointed to statewide office or elected or appointed
as a member of the legislature.
(28) "State actuary" or "actuary" means the person appointed
pursuant to RCW 44.44.010(2).
(29) "Plan" means the Washington public safety employees'
retirement system plan 2.
(30) "Index" means, for any calendar year, that year's annual
average consumer price index, Seattle, Washington area, for urban wage
earners and clerical workers, all items, compiled by the bureau of
labor statistics, United States department of labor.
(31) "Index A" means the index for the year prior to the
determination of a postretirement adjustment.
(32) "Index B" means the index for the year prior to index A.
(33) "Adjustment ratio" means the value of index A divided by index
B.
(34) "Separation from service" occurs when a person has terminated
all employment with an employer.
Sec. 614 RCW 41.37.015 and 2004 c 242 s 3 are each amended to
read as follows:
A retirement system is hereby created for public safety employees
of the Washington state department of corrections, the Washington state
parks and recreation commission, the Washington state gambling
commission, the Washington state ((patrol)) department of public
safety, the Washington state liquor control board, county corrections
departments, and city corrections departments not covered under chapter
41.28 RCW. The administration and management of the retirement system,
the responsibility for making effective the provisions of this chapter,
and the authority to make all rules necessary therefor are hereby
vested in the department. All rules shall be governed by chapter 34.05
RCW. This retirement system shall be known as the Washington public
safety employees' retirement system.
NEW SECTION. Sec. 615 Sections 601 through 614 and 616 of this
act do not affect any retirement benefits existing before the effective
date of this section.
NEW SECTION. Sec. 616 RCW 43.43.142 is decodified.
Sec. 701 RCW 4.24.350 and 2001 c 253 s 1 are each amended to read
as follows:
(1) In any action for damages, whether based on tort or contract or
otherwise, a claim or counterclaim for damages may be litigated in the
principal action for malicious prosecution on the ground that the
action was instituted with knowledge that the same was false, and
unfounded, malicious and without probable cause in the filing of such
action, or that the same was filed as a part of a conspiracy to misuse
judicial process by filing an action known to be false and unfounded.
(2) In any action, claim, or counterclaim brought by a judicial
officer, prosecuting authority, or law enforcement officer for
malicious prosecution arising out of the performance or purported
performance of the public duty of such officer, an arrest or seizure of
property need not be an element of the claim, nor do special damages
need to be proved. A judicial officer, prosecuting authority, or law
enforcement officer prevailing in such an action may be allowed an
amount up to one thousand dollars as liquidated damages, together with
a reasonable attorneys' fee, and other costs of suit. A government
entity which has provided legal services to the prevailing judicial
officer, prosecuting authority, or law enforcement officer has
reimbursement rights to any award for reasonable attorneys' fees and
other costs, but shall have no such rights to any liquidated damages
allowed.
(3) No action may be brought against an attorney under this section
solely because of that attorney's representation of a party in a
lawsuit.
(4) As used in this section:
(a) "Judicial officer" means a justice, judge, magistrate, or other
judicial officer of the state or a city, town, or county.
(b) "Prosecuting authority" means any officer or employee of the
state or a city, town, or county who is authorized by law to initiate
a criminal or civil proceeding on behalf of the public.
(c) "Law enforcement officer" means a member of the state patrol,
agent of the Washington bureau of investigation, a sheriff or deputy
sheriff, or a member of the police force of a city, town, university,
state college, or port district, or a fish and wildlife officer or ex
officio fish and wildlife officer as defined in RCW 77.08.010.
Sec. 702 RCW 4.24.400 and 1995 c 369 s 2 are each amended to read
as follows:
No building warden, who acts in good faith, with or without
compensation, shall be personally liable for civil damages arising from
his or her negligent acts or omissions during the course of assigned
duties in assisting others to evacuate industrial, commercial,
governmental or multi-unit residential buildings or in attempting to
control or alleviate a hazard to the building or its occupants caused
by fire, earthquake or other threat to life or limb. The term
"building warden" means an individual who is assigned to take charge of
the occupants on a floor or in an area of a building during an
emergency in accordance with a predetermined fire safety or evacuation
plan; and/chief of the Washington state patrol)) director of the department of
public safety, through the director of fire protection, after an
emergency is in progress to assist in evacuating the occupants of such
a building or providing for their safety. This section shall not apply
to any acts or omissions constituting gross negligence or willful or
wanton misconduct.
Sec. 703 RCW 5.60.060 and 2005 c 504 s 705 are each amended to
read as follows:
(1) A husband shall not be examined for or against his wife,
without the consent of the wife, nor a wife for or against her husband
without the consent of the husband; nor can either during marriage or
afterward, be without the consent of the other, examined as to any
communication made by one to the other during marriage. But this
exception shall not apply to a civil action or proceeding by one
against the other, nor to a criminal action or proceeding for a crime
committed by one against the other, nor to a criminal action or
proceeding against a spouse if the marriage occurred subsequent to the
filing of formal charges against the defendant, nor to a criminal
action or proceeding for a crime committed by said husband or wife
against any child of whom said husband or wife is the parent or
guardian, nor to a proceeding under chapter 70.96A, 70.96B, 71.05, or
71.09 RCW: PROVIDED, That the spouse of a person sought to be detained
under chapter 70.96A, 70.96B, 71.05, or 71.09 RCW may not be compelled
to testify and shall be so informed by the court prior to being called
as a witness.
(2)(a) An attorney or counselor shall not, without the consent of
his or her client, be examined as to any communication made by the
client to him or her, or his or her advice given thereon in the course
of professional employment.
(b) A parent or guardian of a minor child arrested on a criminal
charge may not be examined as to a communication between the child and
his or her attorney if the communication was made in the presence of
the parent or guardian. This privilege does not extend to
communications made prior to the arrest.
(3) A member of the clergy or a priest shall not, without the
consent of a person making the confession, be examined as to any
confession made to him or her in his or her professional character, in
the course of discipline enjoined by the church to which he or she
belongs.
(4) Subject to the limitations under RCW 70.96A.140 or 71.05.360
(8) and (9), a physician or surgeon or osteopathic physician or surgeon
or podiatric physician or surgeon shall not, without the consent of his
or her patient, be examined in a civil action as to any information
acquired in attending such patient, which was necessary to enable him
or her to prescribe or act for the patient, except as follows:
(a) In any judicial proceedings regarding a child's injury,
neglect, or sexual abuse or the cause thereof; and
(b) Ninety days after filing an action for personal injuries or
wrongful death, the claimant shall be deemed to waive the physician-patient privilege. Waiver of the physician-patient privilege for any
one physician or condition constitutes a waiver of the privilege as to
all physicians or conditions, subject to such limitations as a court
may impose pursuant to court rules.
(5) A public officer shall not be examined as a witness as to
communications made to him or her in official confidence, when the
public interest would suffer by the disclosure.
(6)(a) A peer support group counselor shall not, without consent of
the law enforcement officer making the communication, be compelled to
testify about any communication made to the counselor by the officer
while receiving counseling. The counselor must be designated as such
by the sheriff, police chief, or ((chief of the Washington state
patrol)) director of the department of public safety, prior to the
incident that results in counseling. The privilege only applies when
the communication was made to the counselor while acting in his or her
capacity as a peer support group counselor. The privilege does not
apply if the counselor was an initial responding officer, a witness, or
a party to the incident which prompted the delivery of peer support
group counseling services to the law enforcement officer.
(b) For purposes of this section, "peer support group counselor"
means a:
(i) Law enforcement officer, or civilian employee of a law
enforcement agency, who has received training to provide emotional and
moral support and counseling to an officer who needs those services as
a result of an incident in which the officer was involved while acting
in his or her official capacity; or
(ii) Nonemployee counselor who has been designated by the sheriff,
police chief, or ((chief of the Washington state patrol)) director of
the department of public safety to provide emotional and moral support
and counseling to an officer who needs those services as a result of an
incident in which the officer was involved while acting in his or her
official capacity.
(7) A sexual assault advocate may not, without the consent of the
victim, be examined as to any communication made by the victim to the
sexual assault advocate.
(a) For purposes of this section, "sexual assault advocate" means
the employee or volunteer from a rape crisis center, victim assistance
unit, program, or association, that provides information, medical or
legal advocacy, counseling, or support to victims of sexual assault,
who is designated by the victim to accompany the victim to the hospital
or other health care facility and to proceedings concerning the alleged
assault, including police and prosecution interviews and court
proceedings.
(b) A sexual assault advocate may disclose a confidential
communication without the consent of the victim if failure to disclose
is likely to result in a clear, imminent risk of serious physical
injury or death of the victim or another person. Any sexual assault
advocate participating in good faith in the disclosing of records and
communications under this section shall have immunity from any
liability, civil, criminal, or otherwise, that might result from the
action. In any proceeding, civil or criminal, arising out of a
disclosure under this section, the good faith of the sexual assault
advocate who disclosed the confidential communication shall be
presumed.
Sec. 704 RCW 7.68.360 and 2005 c 358 s 2 are each amended to read
as follows:
(1) By July 1, 2005, the director of the department of community,
trade, and economic development, or the director's designee, shall
within existing resources convene and chair a work group to develop
written protocols for delivery of services to victims of trafficking of
humans. The director shall invite appropriate federal agencies to
consult with the work group for the purpose of developing protocols
that, to the extent possible, are in concert with federal statutes,
regulations, and policies. In addition to the director of the
department of community, trade, and economic development, the following
shall be members of the work group: The secretary of the department of
health, the secretary of the department of social and health services,
the attorney general, the director of the department of labor and
industries, the commissioner of the employment security department, a
representative of the Washington association of prosecuting attorneys,
the ((chief of the Washington state patrol)) director of the department
of public safety, two members selected by the Washington association of
sheriffs and police chiefs, and five members, selected by the director
of the department of community, trade, and economic development from a
list submitted by public and private sector organizations that provide
assistance to persons who are victims of trafficking. The attorney
general((, the chief of the Washington state patrol,)) and the
secretaries or directors may designate a person to serve in their
place.
Members of the work group shall serve without compensation.
(2) The protocols must meet all of the following minimum standards:
(a) The protocols must apply to the following state agencies: The
department of community, trade, and economic development, the
department of health, the department of social and health services, the
attorney general's office, the Washington state patrol, the department
of labor and industries, and the employment security department;
(b) The protocols must provide policies and procedures for
interagency coordinated operations and cooperation with government
agencies and nongovernmental organizations, agencies, and
jurisdictions, including law enforcement agencies and prosecuting
attorneys;
(c) The protocols must include the establishment of a data base
electronically available to all affected agencies which contains the
name, address, and telephone numbers of agencies that provide services
to victims of human trafficking; and
(d) The protocols must provide guidelines for providing for the
social service needs of victims of trafficking of humans, including
housing, health care, and employment.
(3) By January 1, 2006, the work group shall finalize the written
protocols and submit them with a report to the legislature and the
governor.
(4) The protocols shall be reviewed on a biennial basis by the work
group to determine whether revisions are appropriate. The director of
the department of community, trade, and economic development, or the
director's designee, shall within existing resources reconvene and
chair the work group for this purpose.
Sec. 705 RCW 9.35.040 and 2001 c 217 s 2 are each amended to read
as follows:
(1) A person, financial information repository, financial service
provider, merchant, corporation, trust, partnership, or unincorporated
association possessing information relating to an actual or potential
violation of this chapter, and who may have entered into a transaction,
provided credit, products, goods, or services, accepted payment, or
otherwise done business with a person who has used the victim's means
of identification, must, upon written request of the victim, provide
copies of all relevant application and transaction information related
to the transaction being alleged as a potential or actual violation of
this chapter. Nothing in this section requires the information
provider to disclose information that it is otherwise prohibited from
disclosing by law, except that a law that prohibits disclosing a
person's information to third parties shall not be used to deny
disclosure of such information to the victim under this section.
(2) Unless the information provider is otherwise willing to verify
the victim's identification, the victim shall provide the following as
proof of positive identification:
(a) The showing of a government-issued photo identification card
or, if providing proof by mail, a copy of a government-issued photo
identification card;
(b) A copy of a filed police report evidencing the victim's claim;
and
(c) A written statement from the ((state patrol)) Washington bureau
of investigation showing that the ((state patrol)) Washington bureau of
investigation has on file documentation of the victim's identity
pursuant to the personal identification procedures in RCW 43.43.760 (as
recodified by this act).
(3) The provider may require compensation for the reasonable cost
of providing the information requested.
(4) No person, financial information repository, financial service
provider, merchant, corporation, trust, partnership, or unincorporated
association may be held liable for an action taken in good faith to
provide information regarding potential or actual violations of this
chapter to other financial information repositories, financial service
providers, merchants, law enforcement authorities, victims, or any
persons alleging to be a victim who comply with subsection (2) of this
section which evidences the alleged victim's claim for the purpose of
identification and prosecution of violators of this chapter, or to
assist a victim in recovery of fines, restitution, rehabilitation of
the victim's credit, or such other relief as may be appropriate.
(5) A person, financial information repository, financial service
provider, merchant, corporation, trust, partnership, or unincorporated
association may decline to provide information pursuant to this section
when, in the exercise of good faith and reasonable judgment, it
believes this section does not require disclosure of the information.
(6) Nothing in this section creates an obligation on the part of a
person, financial information repository, financial services provider,
merchant, corporation, trust, partnership, or unincorporated
association to retain or maintain information or records that they are
not otherwise required to retain or maintain in the ordinary course of
its business.
(7) The legislature finds that the practices covered by this
section are matters vitally affecting the public interest for the
purpose of applying the Consumer Protection Act, chapter 19.86 RCW.
Violations of this section are not reasonable in relation to the
development and preservation of business. It is an unfair or deceptive
act in trade or commerce and an unfair method of competition for the
purpose of applying the Consumer Protection Act, chapter 19.86 RCW.
The burden of proof in an action alleging a violation of this section
shall be by a preponderance of the evidence, and the applicable statute
of limitation shall be as set forth in RCW 19.182.120. For purposes of
a judgment awarded pursuant to an action by a consumer under chapter
19.86 RCW, the consumer shall be awarded actual damages. However,
where there has been willful failure to comply with any requirement
imposed under this section, the consumer shall be awarded actual
damages, a monetary penalty of one thousand dollars, and the costs of
the action together with reasonable attorneys' fees as determined by
the court.
Sec. 706 RCW 9.40.100 and 2003 c 53 s 23 are each amended to read
as follows:
Any person who willfully and without cause tampers with, molests,
injures or breaks any public or private fire alarm apparatus, emergency
phone, radio, or other wire or signal, or any fire fighting equipment,
or who willfully and without having reasonable grounds for believing a
fire exists, sends, gives, transmits, or sounds any false alarm of
fire, by shouting in a public place or by means of any public or
private fire alarm system or signal, or by telephone, is guilty of a
misdemeanor. This provision shall not prohibit the testing of fire
alarm systems by persons authorized to do so, by a fire department or
the ((chief of the Washington state patrol)) director of the department
of public safety, through the director of fire protection.
Sec. 707 RCW 9.41.045 and 1991 c 221 s 1 are each amended to read
as follows:
As a sentence condition and requirement, offenders under the
supervision of the department of corrections pursuant to chapter 9.94A
RCW shall not own, use, or possess firearms or ammunition. In addition
to any penalty imposed pursuant to RCW 9.41.040 when applicable,
offenders found to be in actual or constructive possession of firearms
or ammunition shall be subject to the appropriate violation process and
sanctions as provided for in RCW 9.94A.634. Firearms or ammunition
owned, used, or possessed by offenders may be confiscated by community
corrections officers and turned over to the ((Washington state patrol))
department of public safety for disposal as provided in RCW 9.41.098.
Sec. 708 RCW 9.41.070 and 2002 c 302 s 703 are each amended to
read as follows:
(1) The chief of police of a municipality or the sheriff of a
county shall within thirty days after the filing of an application of
any person, issue a license to such person to carry a pistol concealed
on his or her person within this state for five years from date of
issue, for the purposes of protection or while engaged in business,
sport, or while traveling. However, if the applicant does not have a
valid permanent Washington driver's license or Washington state
identification card or has not been a resident of the state for the
previous consecutive ninety days, the issuing authority shall have up
to sixty days after the filing of the application to issue a license.
The issuing authority shall not refuse to accept completed applications
for concealed pistol licenses during regular business hours.
The applicant's constitutional right to bear arms shall not be
denied, unless:
(a) He or she is ineligible to possess a firearm under the
provisions of RCW 9.41.040 or 9.41.045;
(b) The applicant's concealed pistol license is in a revoked
status;
(c) He or she is under twenty-one years of age;
(d) He or she is subject to a court order or injunction regarding
firearms pursuant to RCW 9A.46.080, 10.14.080, 10.99.040, 10.99.045,
26.09.050, 26.09.060, 26.10.040, 26.10.115, 26.26.130, 26.50.060,
26.50.070, or 26.26.590;
(e) He or she is free on bond or personal recognizance pending
trial, appeal, or sentencing for a felony offense;
(f) He or she has an outstanding warrant for his or her arrest from
any court of competent jurisdiction for a felony or misdemeanor; or
(g) He or she has been ordered to forfeit a firearm under RCW
9.41.098(1)(e) within one year before filing an application to carry a
pistol concealed on his or her person.
No person convicted of a felony may have his or her right to
possess firearms restored or his or her privilege to carry a concealed
pistol restored, unless the person has been granted relief from
disabilities by the secretary of the treasury under 18 U.S.C. Sec.
925(c), or RCW 9.41.040 (3) or (4) applies.
(2) The issuing authority shall check with the national crime
information center, the Washington ((state patrol)) bureau of
investigation electronic data base, the department of social and health
services electronic data base, and with other agencies or resources as
appropriate, to determine whether the applicant is ineligible under RCW
9.41.040 or 9.41.045 to possess a firearm and therefore ineligible for
a concealed pistol license. This subsection applies whether the
applicant is applying for a new concealed pistol license or to renew a
concealed pistol license.
(3) Any person whose firearms rights have been restricted and who
has been granted relief from disabilities by the secretary of the
treasury under 18 U.S.C. Sec. 925(c) or who is exempt under 18 U.S.C.
Sec. 921(a)(20)(A) shall have his or her right to acquire, receive,
transfer, ship, transport, carry, and possess firearms in accordance
with Washington state law restored except as otherwise prohibited by
this chapter.
(4) The license application shall bear the full name, residential
address, telephone number at the option of the applicant, date and
place of birth, race, gender, description, not more than two complete
sets of fingerprints, and signature of the licensee, and the licensee's
driver's license number or state identification card number if used for
identification in applying for the license. A signed application for
a concealed pistol license shall constitute a waiver of confidentiality
and written request that the department of social and health services,
mental health institutions, and other health care facilities release
information relevant to the applicant's eligibility for a concealed
pistol license to an inquiring court or law enforcement agency.
The application for an original license shall include two complete
sets of fingerprints to be forwarded to the Washington state patrol.
The license and application shall contain a warning substantially
as follows:
CAUTION: Although state and local laws do not differ, federal law and state law on the possession of firearms differ. If you are prohibited by federal law from possessing a firearm, you may be prosecuted in federal court. A state license is not a defense to a federal prosecution.
Sec. 709 RCW 9.41.090 and 1996 c 295 s 8 are each amended to read
as follows:
(1) In addition to the other requirements of this chapter, no
dealer may deliver a pistol to the purchaser thereof until:
(a) The purchaser produces a valid concealed pistol license and the
dealer has recorded the purchaser's name, license number, and issuing
agency, such record to be made in triplicate and processed as provided
in subsection (5) of this section. For purposes of this subsection
(1)(a), a "valid concealed pistol license" does not include a temporary
emergency license, and does not include any license issued before July
1, 1996, unless the issuing agency conducted a records search for
disqualifying crimes under RCW 9.41.070 at the time of issuance;
(b) The dealer is notified in writing by the chief of police or the
sheriff of the jurisdiction in which the purchaser resides that the
purchaser is eligible to possess a pistol under RCW 9.41.040 and that
the application to purchase is approved by the chief of police or
sheriff; or
(c) Five business days, meaning days on which state offices are
open, have elapsed from the time of receipt of the application for the
purchase thereof as provided herein by the chief of police or sheriff
designated in subsection (5) of this section, and, when delivered, the
pistol shall be securely wrapped and shall be unloaded. However, if
the purchaser does not have a valid permanent Washington driver's
license or state identification card or has not been a resident of the
state for the previous consecutive ninety days, the waiting period
under this subsection (1)(c) shall be up to sixty days.
(2)(a) Except as provided in (b) of this subsection, in determining
whether the purchaser meets the requirements of RCW 9.41.040, the chief
of police or sheriff, or the designee of either, shall check with the
national crime information center, the Washington ((state patrol))
bureau of investigation electronic data base, the department of social
and health services electronic data base, and with other agencies or
resources as appropriate, to determine whether the applicant is
ineligible under RCW 9.41.040 to possess a firearm.
(b) Once the system is established, a dealer shall use the state
system and national instant criminal background check system, provided
for by the Brady Handgun Violence Prevention Act (18 U.S.C. Sec. 921 et
seq.), to make criminal background checks of applicants to purchase
firearms. However, a chief of police or sheriff, or a designee of
either, shall continue to check the department of social and health
services' electronic data base and with other agencies or resources as
appropriate, to determine whether applicants are ineligible under RCW
9.41.040 to possess a firearm.
(3) In any case under subsection (1)(c) of this section where the
applicant has an outstanding warrant for his or her arrest from any
court of competent jurisdiction for a felony or misdemeanor, the dealer
shall hold the delivery of the pistol until the warrant for arrest is
served and satisfied by appropriate court appearance. The local
jurisdiction for purposes of the sale shall confirm the existence of
outstanding warrants within seventy-two hours after notification of the
application to purchase a pistol is received. The local jurisdiction
shall also immediately confirm the satisfaction of the warrant on
request of the dealer so that the hold may be released if the warrant
was for an offense other than an offense making a person ineligible
under RCW 9.41.040 to possess a pistol.
(4) In any case where the chief or sheriff of the local
jurisdiction has reasonable grounds based on the following
circumstances: (a) Open criminal charges, (b) pending criminal
proceedings, (c) pending commitment proceedings, (d) an outstanding
warrant for an offense making a person ineligible under RCW 9.41.040 to
possess a pistol, or (e) an arrest for an offense making a person
ineligible under RCW 9.41.040 to possess a pistol, if the records of
disposition have not yet been reported or entered sufficiently to
determine eligibility to purchase a pistol, the local jurisdiction may
hold the sale and delivery of the pistol beyond five days up to thirty
days in order to confirm existing records in this state or elsewhere.
After thirty days, the hold will be lifted unless an extension of the
thirty days is approved by a local district court or municipal court
for good cause shown. A dealer shall be notified of each hold placed
on the sale by local law enforcement and of any application to the
court for additional hold period to confirm records or confirm the
identity of the applicant.
(5) At the time of applying for the purchase of a pistol, the
purchaser shall sign in triplicate and deliver to the dealer an
application containing his or her full name, residential address, date
and place of birth, race, and gender; the date and hour of the
application; the applicant's driver's license number or state
identification card number; a description of the pistol including the
make, model, caliber and manufacturer's number if available at the time
of applying for the purchase of a pistol. If the manufacturer's number
is not available, the application may be processed, but delivery of the
pistol to the purchaser may not occur unless the manufacturer's number
is recorded on the application by the dealer and transmitted to the
chief of police of the municipality or the sheriff of the county in
which the purchaser resides; and a statement that the purchaser is
eligible to possess a pistol under RCW 9.41.040.
The application shall contain a warning substantially as follows:
CAUTION: Although state and local laws do not differ, federal law and state law on the possession of firearms differ. If you are prohibited by federal law from possessing a firearm, you may be prosecuted in federal court. State permission to purchase a firearm is not a defense to a federal prosecution.
Sec. 710 RCW 9.41.098 and 2003 c 39 s 5 are each amended to read
as follows:
(1) The superior courts and the courts of limited jurisdiction of
the state may order forfeiture of a firearm which is proven to be:
(a) Found concealed on a person not authorized by RCW 9.41.060 or
9.41.070 to carry a concealed pistol: PROVIDED, That it is an absolute
defense to forfeiture if the person possessed a valid Washington
concealed pistol license within the preceding two years and has not
become ineligible for a concealed pistol license in the interim.
Before the firearm may be returned, the person must pay the past due
renewal fee and the current renewal fee;
(b) Commercially sold to any person without an application as
required by RCW 9.41.090;
(c) In the possession of a person prohibited from possessing the
firearm under RCW 9.41.040 or 9.41.045;
(d) In the possession or under the control of a person at the time
the person committed or was arrested for committing a felony or
committing a nonfelony crime in which a firearm was used or displayed;
(e) In the possession of a person who is in any place in which a
concealed pistol license is required, and who is under the influence of
any drug or under the influence of intoxicating liquor, as defined in
chapter 46.61 RCW;
(f) In the possession of a person free on bail or personal
recognizance pending trial, appeal, or sentencing for a felony or for
a nonfelony crime in which a firearm was used or displayed, except that
violations of Title 77 RCW shall not result in forfeiture under this
section;
(g) In the possession of a person found to have been mentally
incompetent while in possession of a firearm when apprehended or who is
thereafter committed pursuant to chapter 10.77 or 71.05 RCW;
(h) Used or displayed by a person in the violation of a proper
written order of a court of general jurisdiction; or
(i) Used in the commission of a felony or of a nonfelony crime in
which a firearm was used or displayed.
(2) Upon order of forfeiture, the court in its discretion may order
destruction of any forfeited firearm. A court may temporarily retain
forfeited firearms needed for evidence.
(a) Except as provided in (b), (c), and (d) of this subsection,
firearms that are: (i) Judicially forfeited and no longer needed for
evidence; or (ii) forfeited due to a failure to make a claim under RCW
63.32.010 or 63.40.010; may be disposed of in any manner determined by
the local legislative authority. Any proceeds of an auction or trade
may be retained by the legislative authority. This subsection (2)(a)
applies only to firearms that come into the possession of the law
enforcement agency after June 30, 1993.
By midnight, June 30, 1993, every law enforcement agency shall
prepare an inventory, under oath, of every firearm that has been
judicially forfeited, has been seized and may be subject to judicial
forfeiture, or that has been, or may be, forfeited due to a failure to
make a claim under RCW 63.32.010 or 63.40.010.
(b) Except as provided in (c) of this subsection, of the
inventoried firearms a law enforcement agency shall destroy illegal
firearms, may retain a maximum of ten percent of legal forfeited
firearms for agency use, and shall either:
(i) Comply with the provisions for the auction of firearms in RCW
9.41.098 that were in effect immediately preceding May 7, 1993; or
(ii) Trade, auction, or arrange for the auction of, rifles and
shotguns. In addition, the law enforcement agency shall either trade,
auction, or arrange for the auction of, short firearms, or shall pay a
fee of twenty-five dollars to the state treasurer for every short
firearm neither auctioned nor traded, to a maximum of fifty thousand
dollars. The fees shall be accompanied by an inventory, under oath, of
every short firearm listed in the inventory required by (a) of this
subsection, that has been neither traded nor auctioned. The state
treasurer shall credit the fees to the firearms range account
established in RCW 79A.25.210. All trades or auctions of firearms
under this subsection shall be to licensed dealers. Proceeds of any
auction less costs, including actual costs of storage and sale, shall
be forwarded to the firearms range account established in RCW
79A.25.210.
(c) Antique firearms and firearms recognized as curios, relics, and
firearms of particular historical significance by the United States
((treasury department)) bureau of alcohol, tobacco, ((and)) firearms
and explosives within the department of justice are exempt from
destruction and shall be disposed of by auction or trade to licensed
dealers.
(d) Firearms in the possession of the ((Washington state patrol))
department of public safety on or after May 7, 1993, that are
judicially forfeited and no longer needed for evidence, or forfeited
due to a failure to make a claim under RCW 63.35.020, must be disposed
of as follows: (i) Firearms illegal for any person to possess must be
destroyed; (ii) the Washington state patrol may retain a maximum of ten
percent of legal firearms for agency use; and (iii) all other legal
firearms must be auctioned or traded to licensed dealers. The
((Washington state patrol)) department of public safety may retain any
proceeds of an auction or trade.
(3) The court shall order the firearm returned to the owner upon a
showing that there is no probable cause to believe a violation of
subsection (1) of this section existed or the firearm was stolen from
the owner or the owner neither had knowledge of nor consented to the
act or omission involving the firearm which resulted in its forfeiture.
(4) A law enforcement officer of the state or of any county or
municipality may confiscate a firearm found to be in the possession of
a person under circumstances specified in subsection (1) of this
section. After confiscation, the firearm shall not be surrendered
except: (a) To the prosecuting attorney for use in subsequent legal
proceedings; (b) for disposition according to an order of a court
having jurisdiction as provided in subsection (1) of this section; or
(c) to the owner if the proceedings are dismissed or as directed in
subsection (3) of this section.
Sec. 711 RCW 9.41.170 and 1996 c 295 s 11 are each amended to
read as follows:
(1) It is a class C felony for any person who is not a citizen of
the United States to carry or possess any firearm, without first having
obtained an alien firearm license from the director of licensing. In
order to be eligible for a license, an alien must provide proof that he
or she is lawfully present in the United States, which the director of
licensing shall verify through the appropriate authorities. Except as
provided in subsection (2)(a) of this section, and subject to the
additional requirements of subsection (2)(b) of this section, the
director of licensing may issue an alien firearm license only upon
receiving from the consul domiciled in this state representing the
country of the alien, a certified copy of the alien's criminal history
in the alien's country indicating the alien is not ineligible under RCW
9.41.040 to own, possess, or control a firearm, and the consul's
attestation that the alien is a responsible person.
(2)(a) Subject to the additional requirements of (b) of this
subsection, the director of licensing may issue an alien firearm
license without a certified copy of the alien's criminal history or the
consul's attestation required by subsection (1) of this section, if the
alien has been a resident of this state for at least two years and:
(i) The alien is from a country without a consul domiciled within this
state, or (ii) the consul has failed to provide, within ninety days
after a request by the alien, the criminal history or attestation
required by subsection (1) of this section.
(b) Before issuing an alien firearm license under subsection (1) of
this section or this subsection (2), the director of licensing shall
ask the local law enforcement agency of the jurisdiction in which the
alien resides to complete a background and fingerprint check to
determine the alien's eligibility under RCW 9.41.040 to own, possess,
or control a firearm. The law enforcement agency shall complete a
background check within thirty days after the request, unless the alien
does not have a valid Washington driver's license or Washington state
identification card. In the latter case, the law enforcement agency
shall complete the background check within sixty days after the
request.
A signed application for an alien firearm license shall constitute
a waiver of confidentiality and written request that the department of
social and health services, mental health institutions, and other
health care facilities release information relevant to the applicant's
eligibility for an alien firearm license to an inquiring law
enforcement agency.
(3) The alien firearm license shall be valid for five years from
the date of issue so long as the alien is lawfully present in the
United States. The nonrefundable fee, paid upon application, for the
five-year license shall be fifty-five dollars plus additional charges
imposed by the Federal Bureau of Investigation that are passed on to
the applicant. The fee shall be distributed as follows:
(a) Fifteen dollars shall be paid to the department of licensing;
(b) Twenty-five dollars shall be paid to the Washington ((state
patrol)) bureau of investigation; and
(c) Fifteen dollars shall be paid to the local law enforcement
agency conducting the background check.
(4) This section shall not apply to Canadian citizens resident in
a province which has an enactment or public policy providing
substantially similar privilege to residents of the state of Washington
and who are carrying or possessing weapons for the purpose of using
them in the hunting of game while such persons are in the act of
hunting, or while on a hunting trip, or while such persons are
competing in a bona fide trap or skeet shoot or any other organized
contest where rifles, pistols, or shotguns are used. Nothing in this
section shall be construed to allow aliens to hunt or fish in this
state without first having obtained a regular hunting or fishing
license.
Sec. 712 RCW 9.46.130 and 1981 c 139 s 10 are each amended to
read as follows:
The premises and paraphernalia, and all the books and records of
any person, association or organization conducting gambling activities
authorized under this chapter and any person, association or
organization receiving profits therefrom or having any interest therein
shall be subject to inspection and audit at any reasonable time, with
or without notice, upon demand, by the commission or its designee, the
attorney general or his or her designee, the ((chief of the Washington
state patrol)) director of the department of public safety or his or
her designee or the prosecuting attorney, sheriff or director of public
safety or their designees of the county wherein located, or the chief
of police or his or her designee of any city or town in which said
organization is located, for the purpose of determining compliance or
noncompliance with the provisions of this chapter and any rules or
regulations or local ordinances adopted pursuant thereto. A reasonable
time for the purpose of this section shall be: (1) If the items or
records to be inspected or audited are located anywhere upon a premises
any portion of which is regularly open to the public or members and
guests, then at any time when the premises are so open, or at which
they are usually open; or (2) if the items or records to be inspected
or audited are not located upon a premises set out in subsection (1)
above, then any time between the hours of 8:00 a.m. and 9:00 p.m.,
Monday through Friday.
The commission shall be provided at such reasonable intervals as
the commission shall determine with a report, under oath, detailing all
receipts and disbursements in connection with such gambling activities
together with such other reasonable information as required in order to
determine whether such activities comply with the purposes of this
chapter or any local ordinances relating thereto.
Sec. 713 RCW 9.92.066 and 2003 c 66 s 2 are each amended to read
as follows:
(1) Upon termination of any suspended sentence under RCW 9.92.060
or 9.95.210, such person may apply to the court for restoration of his
or her civil rights. Thereupon the court may in its discretion enter
an order directing that such defendant shall thereafter be released
from all penalties and disabilities resulting from the offense or crime
of which he or she has been convicted.
(2)(a) Upon termination of a suspended sentence under RCW 9.92.060
or 9.95.210, the person may apply to the sentencing court for a
vacation of the person's record of conviction under RCW 9.94A.640. The
court may, in its discretion, clear the record of conviction if it
finds the person has met the equivalent of the tests in RCW
9.94A.640(2) as those tests would be applied to a person convicted of
a crime committed before July 1, 1984.
(b) The clerk of the court in which the vacation order is entered
shall immediately transmit the order vacating the conviction to the
Washington ((state patrol)) bureau of investigation identification
section and to the local police agency, if any, which holds criminal
history information for the person who is the subject of the
conviction. The Washington ((state patrol)) bureau of investigation
and any such local police agency shall immediately update their records
to reflect the vacation of the conviction, and shall transmit the order
vacating the conviction to the federal bureau of investigation. A
conviction that has been vacated under this section may not be
disseminated or disclosed by the ((state patrol)) Washington bureau of
investigation or local law enforcement agency to any person, except
other criminal justice enforcement agencies.
Sec. 714 RCW 9.94A.612 and 1996 c 215 s 4 are each amended to
read as follows:
(1) At the earliest possible date, and in no event later than
thirty days before release except in the event of escape or emergency
furloughs as defined in RCW 72.66.010, the department of corrections
shall send written notice of parole, release, community placement, work
release placement, furlough, or escape about a specific inmate
convicted of a violent offense, a sex offense as defined by RCW
9.94A.030, or a felony harassment offense as defined by RCW 9A.46.060
or 9A.46.110, to the following:
(a) The chief of police of the city, if any, in which the inmate
will reside or in which placement will be made in a work release
program; and
(b) The sheriff of the county in which the inmate will reside or in
which placement will be made in a work release program.
The sheriff of the county where the offender was convicted shall be
notified if the department does not know where the offender will
reside. The department shall notify the ((state patrol)) Washington
bureau of investigation of the release of all sex offenders, and that
information shall be placed in the Washington crime information center
for dissemination to all law enforcement.
(2) The same notice as required by subsection (1) of this section
shall be sent to the following if such notice has been requested in
writing about a specific inmate convicted of a violent offense, a sex
offense as defined by RCW 9.94A.030, or a felony harassment offense as
defined by RCW 9A.46.060 or 9A.46.110:
(a) The victim of the crime for which the inmate was convicted or
the victim's next of kin if the crime was a homicide;
(b) Any witnesses who testified against the inmate in any court
proceedings involving the violent offense;
(c) Any person specified in writing by the prosecuting attorney;
and
(d) Any person who requests such notice about a specific inmate
convicted of a sex offense as defined by RCW 9.94A.030 from the
department of corrections at least sixty days prior to the expected
release date of the offender.
Information regarding victims, next of kin, or witnesses requesting
the notice, information regarding any other person specified in writing
by the prosecuting attorney to receive the notice, and the notice are
confidential and shall not be available to the inmate. Whenever the
department of corrections mails notice pursuant to this subsection and
the notice is returned as undeliverable, the department shall attempt
alternative methods of notification, including a telephone call to the
person's last known telephone number.
(3) The existence of the notice requirements contained in
subsections (1) and (2) of this section shall not require an extension
of the release date in the event that the release plan changes after
notification.
(4) If an inmate convicted of a violent offense, a sex offense as
defined by RCW 9.94A.030, or a felony harassment offense as defined by
RCW 9A.46.060 or 9A.46.110, escapes from a correctional facility, the
department of corrections shall immediately notify, by the most
reasonable and expedient means available, the chief of police of the
city and the sheriff of the county in which the inmate resided
immediately before the inmate's arrest and conviction. If previously
requested, the department shall also notify the witnesses and the
victim of the crime for which the inmate was convicted or the victim's
next of kin if the crime was a homicide. If the inmate is recaptured,
the department shall send notice to the persons designated in this
subsection as soon as possible but in no event later than two working
days after the department learns of such recapture.
(5) If the victim, the victim's next of kin, or any witness is
under the age of sixteen, the notice required by this section shall be
sent to the parents or legal guardian of the child.
(6) The department of corrections shall send the notices required
by this chapter to the last address provided to the department by the
requesting party. The requesting party shall furnish the department
with a current address.
(7) The department of corrections shall keep, for a minimum of two
years following the release of an inmate, the following:
(a) A document signed by an individual as proof that that person is
registered in the victim or witness notification program; and
(b) A receipt showing that an individual registered in the victim
or witness notification program was mailed a notice, at the
individual's last known address, upon the release or movement of an
inmate.
(8) For purposes of this section the following terms have the
following meanings:
(a) "Violent offense" means a violent offense under RCW 9.94A.030;
(b) "Next of kin" means a person's spouse, parents, siblings and
children.
(9) Nothing in this section shall impose any liability upon a chief
of police of a city or sheriff of a county for failing to request in
writing a notice as provided in subsection (1) of this section.
Sec. 715 RCW 9.95.240 and 2003 c 66 s 1 are each amended to read
as follows:
(1) Every defendant who has fulfilled the conditions of his or her
probation for the entire period thereof, or who shall have been
discharged from probation prior to the termination of the period
thereof, may at any time prior to the expiration of the maximum period
of punishment for the offense for which he or she has been convicted be
permitted in the discretion of the court to withdraw his or her plea of
guilty and enter a plea of not guilty, or if he or she has been
convicted after a plea of not guilty, the court may in its discretion
set aside the verdict of guilty; and in either case, the court may
thereupon dismiss the information or indictment against such defendant,
who shall thereafter be released from all penalties and disabilities
resulting from the offense or crime of which he or she has been
convicted. The probationer shall be informed of this right in his or
her probation papers: PROVIDED, That in any subsequent prosecution,
for any other offense, such prior conviction may be pleaded and proved,
and shall have the same effect as if probation had not been granted, or
the information or indictment dismissed.
(2)(a) After the period of probation has expired, the defendant may
apply to the sentencing court for a vacation of the defendant's record
of conviction under RCW 9.94A.640. The court may, in its discretion,
clear the record of conviction if it finds the defendant has met the
equivalent of the tests in RCW 9.94A.640(2) as those tests would be
applied to a person convicted of a crime committed before July 1, 1984.
(b) The clerk of the court in which the vacation order is entered
shall immediately transmit the order vacating the conviction to the
Washington ((state patrol)) bureau of investigation identification
section and to the local police agency, if any, which holds criminal
history information for the person who is the subject of the
conviction. The Washington ((state patrol)) bureau of investigation
and any such local police agency shall immediately update their records
to reflect the vacation of the conviction, and shall transmit the order
vacating the conviction to the federal bureau of investigation. A
conviction that has been vacated under this section may not be
disseminated or disclosed by the ((state patrol)) Washington bureau of
investigation or local law enforcement agency to any person, except
other criminal justice enforcement agencies.
Sec. 716 RCW 9.96.060 and 2001 c 140 s 1 are each amended to read
as follows:
(1) Every person convicted of a misdemeanor or gross misdemeanor
offense who has completed all of the terms of the sentence for the
misdemeanor or gross misdemeanor offense may apply to the sentencing
court for a vacation of the applicant's record of conviction for the
offense. If the court finds the applicant meets the tests prescribed
in subsection (2) of this section, the court may in its discretion
vacate the record of conviction by: (a)(i) Permitting the applicant to
withdraw the applicant's plea of guilty and to enter a plea of not
guilty; or (ii) if the applicant has been convicted after a plea of not
guilty, the court setting aside the verdict of guilty; and (b) the
court dismissing the information, indictment, complaint, or citation
against the applicant and vacating the judgment and sentence.
(2) An applicant may not have the record of conviction for a
misdemeanor or gross misdemeanor offense vacated if any one of the
following is present:
(a) There are any criminal charges against the applicant pending in
any court of this state or another state, or in any federal court;
(b) The offense was a violent offense as defined in RCW 9.94A.030
or an attempt to commit a violent offense;
(c) The offense was a violation of RCW 46.61.502 (driving while
under the influence), 46.61.504 (actual physical control while under
the influence), or 9.91.020 (operating a railroad, etc. while
intoxicated);
(d) The offense was any misdemeanor or gross misdemeanor violation,
including attempt, of chapter 9.68 RCW (obscenity and pornography),
chapter 9.68A RCW (sexual exploitation of children), or chapter 9A.44
RCW (sex offenses);
(e) The applicant was convicted of a misdemeanor or gross
misdemeanor offense as defined in RCW 10.99.020, or the court
determines after a review of the court file that the offense was
committed by one family member or household member against another, or
the court, after considering the damage to person or property that
resulted in the conviction, any prior convictions for crimes defined in
RCW 10.99.020, or for comparable offenses in another state or in
federal court, and the totality of the records under review by the
court regarding the conviction being considered for vacation,
determines that the offense involved domestic violence, and any one of
the following factors exist:
(i) The applicant has not provided written notification of the
vacation petition to the prosecuting attorney's office that prosecuted
the offense for which vacation is sought, or has not provided that
notification to the court;
(ii) The applicant has previously had a conviction for domestic
violence. For purposes of this subsection, however, if the current
application is for more than one conviction that arose out of a single
incident, none of those convictions counts as a previous conviction;
(iii) The applicant has signed an affidavit under penalty of
perjury affirming that the applicant has not previously had a
conviction for a domestic violence offense, and a criminal history
check reveals that the applicant has had such a conviction; or
(iv) Less than five years have elapsed since the person completed
the terms of the original conditions of the sentence, including any
financial obligations and successful completion of any treatment
ordered as a condition of sentencing;
(f) For any offense other than those described in (e) of this
subsection, less than three years have passed since the person
completed the terms of the sentence, including any financial
obligations;
(g) The offender has been convicted of a new crime in this state,
another state, or federal court since the date of conviction;
(h) The applicant has ever had the record of another conviction
vacated; or
(i) The applicant is currently restrained, or has been restrained
within five years prior to the vacation application, by a domestic
violence protection order, a no-contact order, an antiharassment order,
or a civil restraining order which restrains one party from contacting
the other party.
(3) Once the court vacates a record of conviction under subsection
(1) of this section, the person shall be released from all penalties
and disabilities resulting from the offense and the fact that the
person has been convicted of the offense shall not be included in the
person's criminal history for purposes of determining a sentence in any
subsequent conviction. For all purposes, including responding to
questions on employment or housing applications, a person whose
conviction has been vacated under subsection (1) of this section may
state that he or she has never been convicted of that crime. Nothing
in this section affects or prevents the use of an offender's prior
conviction in a later criminal prosecution.
(4) All costs incurred by the court and probation services shall be
paid by the person making the motion to vacate the record unless a
determination is made pursuant to chapter 10.101 RCW that the person
making the motion is indigent, at the time the motion is brought.
(5) The clerk of the court in which the vacation order is entered
shall immediately transmit the order vacating the conviction to the
Washington ((state patrol)) bureau of investigation identification
section and to the local police agency, if any, which holds criminal
history information for the person who is the subject of the
conviction. The Washington ((state patrol)) bureau of investigation
and any such local police agency shall immediately update their records
to reflect the vacation of the conviction, and shall transmit the order
vacating the conviction to the federal bureau of investigation. A
conviction that has been vacated under this section may not be
disseminated or disclosed by the ((state patrol)) Washington bureau of
investigation or local law enforcement agency to any person, except
other criminal justice enforcement agencies.
Sec. 717 RCW 9A.44.130 and 2005 c 380 s 1 are each amended to
read as follows:
(1)(a) Any adult or juvenile residing whether or not the person has
a fixed residence, or who is a student, is employed, or carries on a
vocation in this state who has been found to have committed or has been
convicted of any sex offense or kidnapping offense, or who has been
found not guilty by reason of insanity under chapter 10.77 RCW of
committing any sex offense or kidnapping offense, shall register with
the county sheriff for the county of the person's residence, or if the
person is not a resident of Washington, the county of the person's
school, or place of employment or vocation, or as otherwise specified
in this section. Where a person required to register under this
section is in custody of the state department of corrections, the state
department of social and health services, a local division of youth
services, or a local jail or juvenile detention facility as a result of
a sex offense or kidnapping offense, the person shall also register at
the time of release from custody with an official designated by the
agency that has jurisdiction over the person.
(b) Any adult or juvenile who is required to register under (a) of
this subsection:
(i) Who is attending, or planning to attend, a public or private
school regulated under Title 28A RCW or chapter 72.40 RCW shall, within
ten days of enrolling or prior to arriving at the school to attend
classes, whichever is earlier, notify the sheriff for the county of the
person's residence of the person's intent to attend the school, and the
sheriff shall promptly notify the principal of the school;
(ii) Who is admitted to a public or private institution of higher
education shall, within ten days of enrolling or by the first business
day after arriving at the institution, whichever is earlier, notify the
sheriff for the county of the person's residence of the person's intent
to attend the institution;
(iii) Who gains employment at a public or private institution of
higher education shall, within ten days of accepting employment or by
the first business day after commencing work at the institution,
whichever is earlier, notify the sheriff for the county of the person's
residence of the person's employment by the institution; or
(iv) Whose enrollment or employment at a public or private
institution of higher education is terminated shall, within ten days of
such termination, notify the sheriff for the county of the person's
residence of the person's termination of enrollment or employment at
the institution.
(c) Persons required to register under this section who are
enrolled in a public or private institution of higher education on June
11, 1998, or a public or private school regulated under Title 28A RCW
or chapter 72.40 RCW on September 1, 2006, must notify the county
sheriff immediately.
(d) The sheriff shall notify the school's principal or
institution's department of public safety and shall provide that
department with the same information provided to a county sheriff under
subsection (3) of this section.
(e)(i) A principal receiving notice under this subsection must
disclose the information received from the sheriff under (b) of this
subsection as follows:
(A) If the student who is required to register as a sex offender is
classified as a risk level II or III, the principal shall provide the
information received to every teacher of any student required to
register under (a) of this subsection and to any other personnel who,
in the judgment of the principal, supervises the student or for
security purposes should be aware of the student's record;
(B) If the student who is required to register as a sex offender is
classified as a risk level I, the principal shall provide the
information received only to personnel who, in the judgment of the
principal, for security purposes should be aware of the student's
record.
(ii) Any information received by a principal or school personnel
under this subsection is confidential and may not be further
disseminated except as provided in RCW 28A.225.330, other statutes or
case law, and the family and educational and privacy rights act of
1994, 20 U.S.C. Sec. 1232g et seq.
(2) This section may not be construed to confer any powers pursuant
to RCW ((4.24.500)) 4.24.550 upon the public safety department of any
public or private school or institution of higher education.
(3)(a) The person shall provide the following information when
registering: (i) Name; (ii) address; (iii) date and place of birth;
(iv) place of employment; (v) crime for which convicted; (vi) date and
place of conviction; (vii) aliases used; (viii) social security number;
(ix) photograph; and (x) fingerprints.
(b) Any person who lacks a fixed residence shall provide the
following information when registering: (i) Name; (ii) date and place
of birth; (iii) place of employment; (iv) crime for which convicted;
(v) date and place of conviction; (vi) aliases used; (vii) social
security number; (viii) photograph; (ix) fingerprints; and (x) where he
or she plans to stay.
(4)(a) Offenders shall register with the county sheriff within the
following deadlines. For purposes of this section the term
"conviction" refers to adult convictions and juvenile adjudications for
sex offenses or kidnapping offenses:
(i) OFFENDERS IN CUSTODY. (A) Sex offenders who committed a sex
offense on, before, or after February 28, 1990, and who, on or after
July 28, 1991, are in custody, as a result of that offense, of the
state department of corrections, the state department of social and
health services, a local division of youth services, or a local jail or
juvenile detention facility, and (B) kidnapping offenders who on or
after July 27, 1997, are in custody of the state department of
corrections, the state department of social and health services, a
local division of youth services, or a local jail or juvenile detention
facility, must register at the time of release from custody with an
official designated by the agency that has jurisdiction over the
offender. The agency shall within three days forward the registration
information to the county sheriff for the county of the offender's
anticipated residence. The offender must also register within twenty-four hours from the time of release with the county sheriff for the
county of the person's residence, or if the person is not a resident of
Washington, the county of the person's school, or place of employment
or vocation. The agency that has jurisdiction over the offender shall
provide notice to the offender of the duty to register. Failure to
register at the time of release and within twenty-four hours of release
constitutes a violation of this section and is punishable as provided
in subsection (10) of this section.
When the agency with jurisdiction intends to release an offender
with a duty to register under this section, and the agency has
knowledge that the offender is eligible for developmental disability
services from the department of social and health services, the agency
shall notify the division of developmental disabilities of the release.
Notice shall occur not more than thirty days before the offender is to
be released. The agency and the division shall assist the offender in
meeting the initial registration requirement under this section.
Failure to provide such assistance shall not constitute a defense for
any violation of this section.
(ii) OFFENDERS NOT IN CUSTODY BUT UNDER STATE OR LOCAL
JURISDICTION. Sex offenders who, on July 28, 1991, are not in custody
but are under the jurisdiction of the indeterminate sentence review
board or under the department of corrections' active supervision, as
defined by the department of corrections, the state department of
social and health services, or a local division of youth services, for
sex offenses committed before, on, or after February 28, 1990, must
register within ten days of July 28, 1991. Kidnapping offenders who,
on July 27, 1997, are not in custody but are under the jurisdiction of
the indeterminate sentence review board or under the department of
corrections' active supervision, as defined by the department of
corrections, the state department of social and health services, or a
local division of youth services, for kidnapping offenses committed
before, on, or after July 27, 1997, must register within ten days of
July 27, 1997. A change in supervision status of a sex offender who
was required to register under this subsection (4)(a)(ii) as of July
28, 1991, or a kidnapping offender required to register as of July 27,
1997, shall not relieve the offender of the duty to register or to
reregister following a change in residence. The obligation to register
shall only cease pursuant to RCW 9A.44.140.
(iii) OFFENDERS UNDER FEDERAL JURISDICTION. Sex offenders who, on
or after July 23, 1995, and kidnapping offenders who, on or after July
27, 1997, as a result of that offense are in the custody of the United
States bureau of prisons or other federal or military correctional
agency for sex offenses committed before, on, or after February 28,
1990, or kidnapping offenses committed on, before, or after July 27,
1997, must register within twenty-four hours from the time of release
with the county sheriff for the county of the person's residence, or if
the person is not a resident of Washington, the county of the person's
school, or place of employment or vocation. Sex offenders who, on July
23, 1995, are not in custody but are under the jurisdiction of the
United States bureau of prisons, United States courts, United States
parole commission, or military parole board for sex offenses committed
before, on, or after February 28, 1990, must register within ten days
of July 23, 1995. Kidnapping offenders who, on July 27, 1997, are not
in custody but are under the jurisdiction of the United States bureau
of prisons, United States courts, United States parole commission, or
military parole board for kidnapping offenses committed before, on, or
after July 27, 1997, must register within ten days of July 27, 1997.
A change in supervision status of a sex offender who was required to
register under this subsection (4)(a)(iii) as of July 23, 1995, or a
kidnapping offender required to register as of July 27, 1997 shall not
relieve the offender of the duty to register or to reregister following
a change in residence, or if the person is not a resident of
Washington, the county of the person's school, or place of employment
or vocation. The obligation to register shall only cease pursuant to
RCW 9A.44.140.
(iv) OFFENDERS WHO ARE CONVICTED BUT NOT CONFINED. Sex offenders
who are convicted of a sex offense on or after July 28, 1991, for a sex
offense that was committed on or after February 28, 1990, and
kidnapping offenders who are convicted on or after July 27, 1997, for
a kidnapping offense that was committed on or after July 27, 1997, but
who are not sentenced to serve a term of confinement immediately upon
sentencing, shall report to the county sheriff to register immediately
upon completion of being sentenced.
(v) OFFENDERS WHO ARE NEW RESIDENTS OR RETURNING WASHINGTON
RESIDENTS. Sex offenders and kidnapping offenders who move to
Washington state from another state or a foreign country that are not
under the jurisdiction of the state department of corrections, the
indeterminate sentence review board, or the state department of social
and health services at the time of moving to Washington, must register
within thirty days of establishing residence or reestablishing
residence if the person is a former Washington resident. The duty to
register under this subsection applies to sex offenders convicted under
the laws of another state or a foreign country, federal or military
statutes, or Washington state for offenses committed on or after
February 28, 1990, and to kidnapping offenders convicted under the laws
of another state or a foreign country, federal or military statutes, or
Washington state for offenses committed on or after July 27, 1997. Sex
offenders and kidnapping offenders from other states or a foreign
country who, when they move to Washington, are under the jurisdiction
of the department of corrections, the indeterminate sentence review
board, or the department of social and health services must register
within twenty-four hours of moving to Washington. The agency that has
jurisdiction over the offender shall notify the offender of the
registration requirements before the offender moves to Washington.
(vi) OFFENDERS FOUND NOT GUILTY BY REASON OF INSANITY. Any adult
or juvenile who has been found not guilty by reason of insanity under
chapter 10.77 RCW of (A) committing a sex offense on, before, or after
February 28, 1990, and who, on or after July 23, 1995, is in custody,
as a result of that finding, of the state department of social and
health services, or (B) committing a kidnapping offense on, before, or
after July 27, 1997, and who on or after July 27, 1997, is in custody,
as a result of that finding, of the state department of social and
health services, must register within twenty-four hours from the time
of release with the county sheriff for the county of the person's
residence. The state department of social and health services shall
provide notice to the adult or juvenile in its custody of the duty to
register. Any adult or juvenile who has been found not guilty by
reason of insanity of committing a sex offense on, before, or after
February 28, 1990, but who was released before July 23, 1995, or any
adult or juvenile who has been found not guilty by reason of insanity
of committing a kidnapping offense but who was released before July 27,
1997, shall be required to register within twenty-four hours of
receiving notice of this registration requirement. The state
department of social and health services shall make reasonable attempts
within available resources to notify sex offenders who were released
before July 23, 1995, and kidnapping offenders who were released before
July 27, 1997. Failure to register within twenty-four hours of
release, or of receiving notice, constitutes a violation of this
section and is punishable as provided in subsection (10) of this
section.
(vii) OFFENDERS WHO LACK A FIXED RESIDENCE. Any person who lacks
a fixed residence and leaves the county in which he or she is
registered and enters and remains within a new county for twenty-four
hours is required to register with the county sheriff not more than
twenty-four hours after entering the county and provide the information
required in subsection (3)(b) of this section.
(viii) OFFENDERS WHO LACK A FIXED RESIDENCE AND WHO ARE UNDER
SUPERVISION. Offenders who lack a fixed residence and who are under
the supervision of the department shall register in the county of their
supervision.
(ix) OFFENDERS WHO MOVE TO, WORK, CARRY ON A VOCATION, OR ATTEND
SCHOOL IN ANOTHER STATE. Offenders required to register in Washington,
who move to another state, or who work, carry on a vocation, or attend
school in another state shall register a new address, fingerprints, and
photograph with the new state within ten days after establishing
residence, or after beginning to work, carry on a vocation, or attend
school in the new state. The person must also send written notice
within ten days of moving to the new state or to a foreign country to
the county sheriff with whom the person last registered in Washington
state. The county sheriff shall promptly forward this information to
the Washington ((state patrol)) bureau of investigation.
(b) Failure to register within the time required under this section
constitutes a per se violation of this section and is punishable as
provided in subsection (10) of this section. The county sheriff shall
not be required to determine whether the person is living within the
county.
(c) An arrest on charges of failure to register, service of an
information, or a complaint for a violation of this section, or
arraignment on charges for a violation of this section, constitutes
actual notice of the duty to register. Any person charged with the
crime of failure to register under this section who asserts as a
defense the lack of notice of the duty to register shall register
immediately following actual notice of the duty through arrest,
service, or arraignment. Failure to register as required under this
subsection (4)(c) constitutes grounds for filing another charge of
failing to register. Registering following arrest, service, or
arraignment on charges shall not relieve the offender from criminal
liability for failure to register prior to the filing of the original
charge.
(d) The deadlines for the duty to register under this section do
not relieve any sex offender of the duty to register under this section
as it existed prior to July 28, 1991.
(5)(a) If any person required to register pursuant to this section
changes his or her residence address within the same county, the person
must send written notice of the change of address to the county sheriff
within seventy-two hours of moving. If any person required to register
pursuant to this section moves to a new county, the person must send
written notice of the change of address at least fourteen days before
moving to the county sheriff in the new county of residence and must
register with that county sheriff within twenty-four hours of moving.
The person must also send written notice within ten days of the change
of address in the new county to the county sheriff with whom the person
last registered. The county sheriff with whom the person last
registered shall promptly forward the information concerning the change
of address to the county sheriff for the county of the person's new
residence. Upon receipt of notice of change of address to a new state,
the county sheriff shall promptly forward the information regarding the
change of address to the agency designated by the new state as the
state's offender registration agency.
(b) It is an affirmative defense to a charge that the person failed
to send a notice at least fourteen days in advance of moving as
required under (a) of this subsection that the person did not know the
location of his or her new residence at least fourteen days before
moving. The defendant must establish the defense by a preponderance of
the evidence and, to prevail on the defense, must also prove by a
preponderance that the defendant sent the required notice within
twenty-four hours of determining the new address.
(6)(a) Any person required to register under this section who lacks
a fixed residence shall provide written notice to the sheriff of the
county where he or she last registered within forty-eight hours
excluding weekends and holidays after ceasing to have a fixed
residence. The notice shall include the information required by
subsection (3)(b) of this section, except the photograph and
fingerprints. The county sheriff may, for reasonable cause, require
the offender to provide a photograph and fingerprints. The sheriff
shall forward this information to the sheriff of the county in which
the person intends to reside, if the person intends to reside in
another county.
(b) A person who lacks a fixed residence must report weekly, in
person, to the sheriff of the county where he or she is registered.
The weekly report shall be on a day specified by the county sheriff's
office, and shall occur during normal business hours. The county
sheriff's office may require the person to list the locations where the
person has stayed during the last seven days. The lack of a fixed
residence is a factor that may be considered in determining an
offender's risk level and shall make the offender subject to disclosure
of information to the public at large pursuant to RCW 4.24.550.
(c) If any person required to register pursuant to this section
does not have a fixed residence, it is an affirmative defense to the
charge of failure to register, that he or she provided written notice
to the sheriff of the county where he or she last registered within
forty-eight hours excluding weekends and holidays after ceasing to have
a fixed residence and has subsequently complied with the requirements
of subsections (4)(a)(vii) or (viii) and (6) of this section. To
prevail, the person must prove the defense by a preponderance of the
evidence.
(7) A sex offender subject to registration requirements under this
section who applies to change his or her name under RCW 4.24.130 or any
other law shall submit a copy of the application to the county sheriff
of the county of the person's residence and to the ((state patrol))
Washington bureau of investigation not fewer than five days before the
entry of an order granting the name change. No sex offender under the
requirement to register under this section at the time of application
shall be granted an order changing his or her name if the court finds
that doing so will interfere with legitimate law enforcement interests,
except that no order shall be denied when the name change is requested
for religious or legitimate cultural reasons or in recognition of
marriage or dissolution of marriage. A sex offender under the
requirement to register under this section who receives an order
changing his or her name shall submit a copy of the order to the county
sheriff of the county of the person's residence and to the ((state
patrol)) Washington bureau of investigation within five days of the
entry of the order.
(8) The county sheriff shall obtain a photograph of the individual
and shall obtain a copy of the individual's fingerprints.
(9) For the purpose of RCW 9A.44.130, 10.01.200, 43.43.540 (as
recodified by this act), 70.48.470, and 72.09.330:
(a) "Sex offense" means:
(i) Any offense defined as a sex offense by RCW 9.94A.030;
(ii) Any violation under RCW 9A.44.096 (sexual misconduct with a
minor in the second degree);
(iii) Any violation under RCW 9.68A.090 (communication with a minor
for immoral purposes);
(iv) Any federal or out-of-state conviction for an offense that
under the laws of this state would be classified as a sex offense under
this subsection; and
(v) Any gross misdemeanor that is, under chapter 9A.28 RCW, a
criminal attempt, criminal solicitation, or criminal conspiracy to
commit an offense that is classified as a sex offense under RCW
9.94A.030 or this subsection.
(b) "Kidnapping offense" means: (i) The crimes of kidnapping in
the first degree, kidnapping in the second degree, and unlawful
imprisonment, as defined in chapter 9A.40 RCW, where the victim is a
minor and the offender is not the minor's parent; (ii) any offense that
is, under chapter 9A.28 RCW, a criminal attempt, criminal solicitation,
or criminal conspiracy to commit an offense that is classified as a
kidnapping offense under this subsection (9)(b); and (iii) any federal
or out-of-state conviction for an offense that under the laws of this
state would be classified as a kidnapping offense under this subsection
(9)(b).
(c) "Employed" or "carries on a vocation" means employment that is
full-time or part-time for a period of time exceeding fourteen days, or
for an aggregate period of time exceeding thirty days during any
calendar year. A person is employed or carries on a vocation whether
the person's employment is financially compensated, volunteered, or for
the purpose of government or educational benefit.
(d) "Student" means a person who is enrolled, on a full-time or
part-time basis, in any public or private educational institution. An
educational institution includes any secondary school, trade or
professional institution, or institution of higher education.
(10)(a) A person who knowingly fails to register with the county
sheriff or notify the county sheriff, or who changes his or her name
without notifying the county sheriff and the state patrol, as required
by this section is guilty of a class C felony if the crime for which
the individual was convicted was a felony sex offense as defined in
subsection (9)(a) of this section or a federal or out-of-state
conviction for an offense that under the laws of this state would be a
felony sex offense as defined in subsection (9)(a) of this section.
(b) If the crime for which the individual was convicted was other
than a felony or a federal or out-of-state conviction for an offense
that under the laws of this state would be other than a felony,
violation of this section is a gross misdemeanor.
(11)(a) A person who knowingly fails to register or who moves
within the state without notifying the county sheriff as required by
this section is guilty of a class C felony if the crime for which the
individual was convicted was a felony kidnapping offense as defined in
subsection (9)(b) of this section or a federal or out-of-state
conviction for an offense that under the laws of this state would be a
felony kidnapping offense as defined in subsection (9)(b) of this
section.
(b) If the crime for which the individual was convicted was other
than a felony or a federal or out-of-state conviction for an offense
that under the laws of this state would be other than a felony,
violation of this section is a gross misdemeanor.
(12) Except as may otherwise be provided by law, nothing in this
section shall impose any liability upon a peace officer, including a
county sheriff, or law enforcement agency, for failing to release
information authorized under this section.
Sec. 718 RCW 9A.44.135 and 2000 c 91 s 1 are each amended to read
as follows:
(1) When an offender registers with the county sheriff pursuant to
RCW 9A.44.130, the county sheriff shall notify the police chief or town
marshal of the jurisdiction in which the offender has registered to
live. If the offender registers to live in an unincorporated area of
the county, the sheriff shall make reasonable attempts to verify that
the offender is residing at the registered address. If the offender
registers to live in an incorporated city or town, the police chief or
town marshal shall make reasonable attempts to verify that the offender
is residing at the registered address. Reasonable attempts at
verifying an address shall include at a minimum:
(a) For offenders who have not been previously designated sexually
violent predators under chapter 71.09 RCW or an equivalent procedure in
another jurisdiction, each year the chief law enforcement officer of
the jurisdiction where the offender is registered to live shall send by
certified mail, with return receipt requested, a nonforwardable
verification form to the offender at the offender's last registered
address.
(b) For offenders who have been previously designated sexually
violent predators under chapter 71.09 RCW or the equivalent procedure
in another jurisdiction, even if the designation has subsequently been
removed, every ninety days the county sheriff shall send by certified
mail, with return receipt requested, a nonforwardable verification form
to the offender at the offender's last registered address.
(c) The offender must sign the verification form, state on the form
whether he or she still resides at the last registered address, and
return the form to the chief law enforcement officer of the
jurisdiction where the offender is registered to live within ten days
after receipt of the form.
(2) The chief law enforcement officer of the jurisdiction where the
offender has registered to live shall make reasonable attempts to
locate any sex offender who fails to return the verification form or
who cannot be located at the registered address. If the offender fails
to return the verification form or the offender is not at the last
registered address, the chief law enforcement officer of the
jurisdiction where the offender has registered to live shall promptly
forward this information to the county sheriff and to the Washington
((state patrol)) bureau of investigation for inclusion in the central
registry of sex offenders.
(3) When an offender notifies the county sheriff of a change to his
or her residence address pursuant to RCW 9A.44.130, and the new address
is in a different law enforcement jurisdiction, the county sheriff
shall notify the police chief or town marshal of the jurisdiction from
which the offender has moved.
Sec. 719 RCW 9A.44.145 and 1998 c 139 s 2 are each amended to
read as follows:
The ((state patrol)) Washington bureau of investigation shall
notify registered sex and kidnapping offenders of any change to the
registration requirements.
Sec. 720 RCW 10.73.170 and 2005 c 5 s 1 are each amended to read
as follows:
(1) A person convicted of a felony in a Washington state court who
currently is serving a term of imprisonment may submit to the court
that entered the judgment of conviction a verified written motion
requesting DNA testing, with a copy of the motion provided to the state
office of public defense.
(2) The motion shall:
(a) State that:
(i) The court ruled that DNA testing did not meet acceptable
scientific standards; or
(ii) DNA testing technology was not sufficiently developed to test
the DNA evidence in the case; or
(iii) The DNA testing now requested would be significantly more
accurate than prior DNA testing or would provide significant new
information;
(b) Explain why DNA evidence is material to the identity of the
perpetrator of, or accomplice to, the crime, or to sentence
enhancement; and
(c) Comply with all other procedural requirements established by
court rule.
(3) The court shall grant a motion requesting DNA testing under
this section if such motion is in the form required by subsection (2)
of this section, and the convicted person has shown the likelihood that
the DNA evidence would demonstrate innocence on a more probable than
not basis.
(4) Upon written request to the court that entered a judgment of
conviction, a convicted person who demonstrates that he or she is
indigent under RCW 10.101.010 may request appointment of counsel solely
to prepare and present a motion under this section, and the court, in
its discretion, may grant the request. Such motion for appointment of
counsel shall comply with all procedural requirements established by
court rule.
(5) DNA testing ordered under this section shall be performed by
the Washington ((state patrol)) bureau of investigation crime
laboratory. Contact with victims shall be handled through
victim/witness divisions.
(6) Notwithstanding any other provision of law, upon motion of
defense counsel or the court's own motion, a sentencing court in a
felony case may order the preservation of any biological material that
has been secured in connection with a criminal case, or evidence
samples sufficient for testing, in accordance with any court rule
adopted for the preservation of evidence. The court must specify the
samples to be maintained and the length of time the samples must be
preserved.
Sec. 721 RCW 10.77.163 and 1994 c 129 s 4 are each amended to
read as follows:
(1) Before a person committed under this chapter is permitted
temporarily to leave a treatment facility for any period of time
without constant accompaniment by facility staff, the superintendent,
professional person in charge of a treatment facility, or his or her
professional designee shall in writing notify the prosecuting attorney
of any county to which the person is released and the prosecuting
attorney of the county in which the criminal charges against the
committed person were dismissed, of the decision conditionally to
release the person. The notice shall be provided at least forty-five
days before the anticipated release and shall describe the conditions
under which the release is to occur.
(2) In addition to the notice required by subsection (1) of this
section, the superintendent of each state institution designated for
the custody, care, and treatment of persons committed under this
chapter shall notify appropriate law enforcement agencies through the
((state patrol)) Washington bureau of investigation communications
network of the furloughs of persons committed under RCW 10.77.090 or
10.77.110. Notification shall be made at least thirty days before the
furlough, and shall include the name of the person, the place to which
the person has permission to go, and the dates and times during which
the person will be on furlough.
(3) Upon receiving notice that a person committed under this
chapter is being temporarily released under subsection (1) of this
section, the prosecuting attorney may seek a temporary restraining
order to prevent the release of the person on the grounds that the
person is dangerous to self or others.
(4) The notice requirements contained in this section shall not
apply to emergency medical furloughs.
(5) The existence of the notice requirements contained in this
section shall not require any extension of the release date in the
event the release plan changes after notification.
(6) The notice provisions of this section are in addition to those
provided in RCW 10.77.205.
Sec. 722 RCW 10.93.020 and 2002 c 128 s 1 are each amended to
read as follows:
As used in this chapter, the following terms have the meanings
indicated unless the context clearly requires otherwise.
(1) "General authority Washington law enforcement agency" means any
agency, department, or division of a municipal corporation, political
subdivision, or other unit of local government of this state, and any
agency, department, or division of state government, having as its
primary function the detection and apprehension of persons committing
infractions or violating the traffic or criminal laws in general, as
distinguished from a limited authority Washington law enforcement
agency, and any other unit of government expressly designated by
statute as a general authority Washington law enforcement agency. The
Washington state patrol, the Washington bureau of investigation, and
the department of fish and wildlife are general authority Washington
law enforcement agencies.
(2) "Limited authority Washington law enforcement agency" means any
agency, political subdivision, or unit of local government of this
state, and any agency, department, or division of state government,
having as one of its functions the apprehension or detection of persons
committing infractions or violating the traffic or criminal laws
relating to limited subject areas, including but not limited to, the
state departments of natural resources and social and health services,
the state gambling commission, the state lottery commission, the state
parks and recreation commission, the state utilities and transportation
commission, the state liquor control board, and the state department of
corrections.
(3) "General authority Washington peace officer" means any full-time, fully compensated and elected, appointed, or employed officer of
a general authority Washington law enforcement agency who is
commissioned to enforce the criminal laws of the state of Washington
generally.
(4) "Limited authority Washington peace officer" means any full-time, fully compensated officer of a limited authority Washington law
enforcement agency empowered by that agency to detect or apprehend
violators of the laws in some or all of the limited subject areas for
which that agency is responsible. A limited authority Washington peace
officer may be a specially commissioned Washington peace officer if
otherwise qualified for such status under this chapter.
(5) "Specially commissioned Washington peace officer", for the
purposes of this chapter, means any officer, whether part-time or full-time, compensated or not, commissioned by a general authority
Washington law enforcement agency to enforce some or all of the
criminal laws of the state of Washington, who does not qualify under
this chapter as a general authority Washington peace officer for that
commissioning agency, specifically including reserve peace officers,
and specially commissioned full-time, fully compensated peace officers
duly commissioned by the states of Oregon or Idaho or any such peace
officer commissioned by a unit of local government of Oregon or Idaho.
A reserve peace officer is an individual who is an officer of a
Washington law enforcement agency who does not serve such agency on a
full-time basis but who, when called by the agency into active service,
is fully commissioned on the same basis as full-time peace officers to
enforce the criminal laws of the state.
(6) "Federal peace officer" means any employee or agent of the
United States government who has the authority to carry firearms and
make warrantless arrests and whose duties involve the enforcement of
criminal laws of the United States.
(7) "Agency with primary territorial jurisdiction" means a city or
town police agency which has responsibility for police activity within
its boundaries; or a county police or sheriff's department which has
responsibility with regard to police activity in the unincorporated
areas within the county boundaries; or a statutorily authorized port
district police agency or four-year state college or university police
agency which has responsibility for police activity within the
statutorily authorized enforcement boundaries of the port district,
state college, or university.
(8) "Primary commissioning agency" means (a) the employing agency
in the case of a general authority Washington peace officer, a limited
authority Washington peace officer, an Indian tribal peace officer, or
a federal peace officer, and (b) the commissioning agency in the case
of a specially commissioned Washington peace officer (i) who is
performing functions within the course and scope of the special
commission and (ii) who is not also a general authority Washington
peace officer, a limited authority Washington peace officer, an Indian
tribal peace officer, or a federal peace officer.
(9) "Primary function of an agency" means that function to which
greater than fifty percent of the agency's resources are allocated.
(10) "Mutual law enforcement assistance" includes, but is not
limited to, one or more law enforcement agencies aiding or assisting
one or more other such agencies through loans or exchanges of personnel
or of material resources, for law enforcement purposes.
Sec. 723 RCW 10.93.140 and 2002 c 128 s 2 are each amended to
read as follows:
This chapter does not limit the scope of jurisdiction and authority
of the ((Washington state patrol)) department of public safety and the
department of fish and wildlife as otherwise provided by law, and these
agencies shall not be bound by the reporting requirements of RCW
10.93.030.
Sec. 724 RCW 10.97.040 and 1979 ex.s. c 36 s 2 are each amended
to read as follows:
No criminal justice agency shall disseminate criminal history
record information pertaining to an arrest, detention, indictment,
information, or other formal criminal charge made after December 31,
1977, unless the record disseminated states the disposition of such
charge to the extent dispositions have been made at the time of the
request for the information: PROVIDED, HOWEVER, That if a disposition
occurring within ten days immediately preceding the dissemination has
not been reported to the agency disseminating the criminal history
record information, or if information has been received by the agency
within the seventy-two hours immediately preceding the dissemination,
that information shall not be required to be included in the
dissemination: PROVIDED FURTHER, That when another criminal justice
agency requests criminal history record information, the disseminating
agency may disseminate specific facts and incidents which are within
its direct knowledge without furnishing disposition data as otherwise
required by this section, unless the disseminating agency has received
such disposition data from either: (1) The ((state patrol)) Washington
bureau of investigation, or (2) the court or other criminal justice
agency required to furnish disposition data pursuant to RCW 10.97.045.
No criminal justice agency shall disseminate criminal history
record information which shall include information concerning a felony
or gross misdemeanor without first making inquiry of the identification
section of the Washington ((state patrol)) bureau of investigation for
the purpose of obtaining the most current and complete information
available, unless one or more of the following circumstances exists:
(1) The information to be disseminated is needed for a purpose in
the administration of criminal justice for which time is of the essence
and the identification section is technically or physically incapable
of responding within the required time;
(2) The full information requested and to be disseminated relates
to specific facts or incidents which are within the direct knowledge of
the agency which disseminates the information;
(3) The full information requested and to be disseminated is
contained in a criminal history record information summary received
from the identification section by the agency which is to make the
dissemination not more than thirty days preceding the dissemination to
be made;
(4) The statute, executive order, court rule, or court order
pursuant to which the information is to be disseminated refers solely
to information in the files of the agency which makes the
dissemination;
(5) The information requested and to be disseminated is for the
express purpose of research, evaluative, or statistical activities to
be based upon information maintained in the files of the agency or
agencies from which the information is directly sought; or
(6) A person who is the subject of the record requests the
information and the agency complies with the requirements in RCW
10.97.080 as now or hereafter amended.
Sec. 725 RCW 10.97.045 and 1979 ex.s. c 36 s 6 are each amended
to read as follows:
Whenever a court or other criminal justice agency reaches a
disposition of a criminal proceeding, the court or other criminal
justice agency shall furnish the disposition data to the agency
initiating the criminal history record for that charge and to the
identification section of the Washington ((state patrol)) bureau of
investigation as required under RCW 43.43.745 (as recodified by this
act).
Sec. 726 RCW 10.97.080 and 2005 c 274 s 206 are each amended to
read as follows:
All criminal justice agencies shall permit an individual who is, or
who believes that he may be, the subject of a criminal record
maintained by that agency, to appear in person during normal business
hours of that criminal justice agency and request to see the criminal
history record information held by that agency pertaining to the
individual. The individual's right to access and review of criminal
history record information shall not extend to data contained in
intelligence, investigative, or other related files, and shall not be
construed to include any information other than that defined as
criminal history record information by this chapter.
Every criminal justice agency shall adopt rules and make available
forms to facilitate the inspection and review of criminal history
record information by the subjects thereof, which rules may include
requirements for identification, the establishment of reasonable
periods of time to be allowed an individual to examine the record, and
for assistance by an individual's counsel, interpreter, or other
appropriate persons.
No person shall be allowed to retain or mechanically reproduce any
nonconviction data except for the purpose of challenge or correction
when the person who is the subject of the record asserts the belief in
writing that the information regarding such person is inaccurate or
incomplete. The provisions of chapter 42.56 RCW shall not be construed
to require or authorize copying of nonconviction data for any other
purpose.
The ((Washington state patrol)) department of public safety shall
establish rules for the challenge of records which an individual
declares to be inaccurate or incomplete, and for the resolution of any
disputes between individuals and criminal justice agencies pertaining
to the accuracy and completeness of criminal history record
information. The ((Washington state patrol)) department of public
safety shall also adopt rules for the correction of criminal history
record information and the dissemination of corrected information to
agencies and persons to whom inaccurate or incomplete information was
previously disseminated. Such rules may establish time limitations of
not less than ninety days upon the requirement for disseminating
corrected information.
Sec. 727 RCW 10.97.090 and 1979 ex.s. c 36 s 4 are each amended
to read as follows:
The ((Washington state patrol)) department of public safety,
through the Washington bureau of investigation, is hereby designated
the agency of state government responsible for the administration of
the 1977 Washington State Criminal Records Privacy Act. The
((Washington state patrol)) department of public safety may adopt any
rules ((and regulations)) necessary for the performance of the
administrative functions provided for in this chapter.
The ((Washington state patrol)) department of public safety shall
have the following specific administrative duties:
(1) To establish by rule ((and regulation)) standards for the
security of criminal history information systems in order that such
systems and the data contained therein be adequately protected from
fire, theft, loss, destruction, other physical hazard, or unauthorized
access;
(2) To establish by rule ((and regulation)) standards for personnel
employed by criminal justice of other state and local government
agencies in positions with responsibility for maintenance and
dissemination of criminal history record information; and
(3) To contract with the Washington state auditor or other public
or private agency, organization, or individual to perform audits of
criminal history record information systems.
Sec. 728 RCW 10.98.030 and 1999 c 143 s 50 are each amended to
read as follows:
The Washington ((state patrol)) bureau of investigation
identification, child abuse, vulnerable adult abuse, and criminal
history section as established in RCW 43.43.700 (as recodified by this
act) shall be the primary source of felony conviction histories for
filings, plea agreements, and sentencing on felony cases.
Sec. 729 RCW 10.98.040 and 2002 c 175 s 18 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Arrest and fingerprint form" means the reporting form
prescribed by the identification, child abuse, vulnerable adult abuse,
and criminal history section to initiate compiling arrest and
identification information.
(2) "Chief law enforcement officer" includes the sheriff or
director of public safety of a county, the chief of police of a city or
town, and chief officers of other law enforcement agencies operating
within the state.
(3) "Department" means the department of corrections.
(4) "Disposition" means the conclusion of a criminal proceeding at
any stage it occurs in the criminal justice system. Disposition
includes but is not limited to temporary or permanent outcomes such as
charges dropped by police, charges not filed by the prosecuting
attorney, deferred prosecution, defendant absconded, charges filed by
the prosecuting attorney pending court findings such as not guilty,
dismissed, guilty, or guilty -- case appealed to higher court.
(5) "Disposition report" means the reporting form prescribed by the
identification, child abuse, vulnerable adult abuse, and criminal
history section to report the legal procedures taken after completing
an arrest and fingerprint form. The disposition report shall include
but not be limited to the following types of information:
(a) The type of disposition;
(b) The statutory citation for the arrests;
(c) The sentence structure if the defendant was convicted of a
felony;
(d) The state identification number; and
(e) Identification information and other information that is
prescribed by the identification, child abuse, vulnerable adult abuse,
and criminal history section.
(6) "Fingerprints" means the fingerprints taken from arrested or
charged persons under the procedures prescribed by the Washington state
patrol identification, child abuse, vulnerable adult abuse, and
criminal history section.
(7) "Prosecuting attorney" means the public or private attorney
prosecuting a criminal case.
(8) "Section" refers to the Washington ((state patrol)) bureau of
investigation section on identification, child abuse, vulnerable adult
abuse, and criminal history.
(9) "Sentence structure" means itemizing the components of the
felony sentence. The sentence structure shall include but not be
limited to the total or partial confinement sentenced, and whether the
sentence is prison or jail, community supervision, fines, restitution,
or community restitution.
Sec. 730 RCW 10.98.110 and 1999 c 143 s 52 are each amended to
read as follows:
(1) The department shall maintain records to track felony cases for
convicted felons sentenced either to a term of confinement exceeding
one year or ordered under the supervision of the department and felony
cases under the jurisdiction of the department pursuant to interstate
compact agreements.
(2) Tracking shall begin at the time the department receives a
judgment and sentence form from a prosecuting attorney and shall
include the collection and updating of felons' criminal records from
the time of sentencing through discharge.
(3) The department of corrections shall collect information for
tracking felons from its offices and from information provided by
county clerks, the Washington ((state patrol)) bureau of investigation
identification, child abuse, vulnerable adult abuse, and criminal
history section, the office of financial management, and any other
public or private agency that provides services to help individuals
complete their felony sentences.
Sec. 731 RCW 10.98.210 and 2003 c 104 s 3 are each amended to
read as follows:
(1) There is created the Washington integrated justice information
board. The board shall be composed of the following members:
(a) A representative appointed by the governor;
(b) The attorney general;
(c) The ((chief of the state patrol)) director of the department of
public safety;
(d) The secretary of the department of corrections;
(e) The director of the department of licensing;
(f) The administrator for the courts;
(g) The director of the office of financial management;
(h) The director of the department of information services;
(i) The assistant secretary of the department of social and health
services responsible for juvenile rehabilitation programs;
(j) A sheriff appointed by the Washington association of sheriffs
and police chiefs;
(k) A police chief appointed by the Washington association of
sheriffs and police chiefs;
(l) A county legislative authority member appointed by the
Washington state association of counties;
(m) An elected county clerk appointed by the Washington association
of county clerks;
(n) A representative appointed by the Washington association of
city and county information systems;
(o) Two representatives appointed by the judicial information
system committee;
(p) A representative appointed by the association of Washington
cities; and
(q) An elected prosecutor appointed by the Washington association
of prosecuting attorneys.
These members shall constitute the membership of the board with
full voting rights and shall serve at the pleasure of the appointing
authority. Each member may, in writing, appoint a designee to serve in
the member's absence. Any member of the board shall immediately cease
to be a member if he or she ceases to hold the particular office or
employment that was the basis of the appointment. Vacancies shall be
filled in the same manner that the original appointments were made to
the board.
(2) The board may appoint additional justice information
stakeholders as nonvoting members to the board.
(3) In making the appointments, the appointing authorities shall
endeavor to assure that there is committed board membership having
expertise relating to state and local criminal justice business
practices and to information sharing and integration technology.
Sec. 732 RCW 13.50.050 and 2004 c 42 s 1 are each amended to read
as follows:
(1) This section governs records relating to the commission of
juvenile offenses, including records relating to diversions.
(2) The official juvenile court file of any alleged or proven
juvenile offender shall be open to public inspection, unless sealed
pursuant to subsection (12) of this section.
(3) All records other than the official juvenile court file are
confidential and may be released only as provided in this section, RCW
13.50.010, 13.40.215, and 4.24.550.
(4) Except as otherwise provided in this section and RCW 13.50.010,
records retained or produced by any juvenile justice or care agency may
be released to other participants in the juvenile justice or care
system only when an investigation or case involving the juvenile in
question is being pursued by the other participant or when that other
participant is assigned the responsibility for supervising the
juvenile.
(5) Except as provided in RCW 4.24.550, information not in an
official juvenile court file concerning a juvenile or a juvenile's
family may be released to the public only when that information could
not reasonably be expected to identify the juvenile or the juvenile's
family.
(6) Notwithstanding any other provision of this chapter, the
release, to the juvenile or his or her attorney, of law enforcement and
prosecuting attorneys' records pertaining to investigation, diversion,
and prosecution of juvenile offenses shall be governed by the rules of
discovery and other rules of law applicable in adult criminal
investigations and prosecutions.
(7) Upon the decision to arrest or the arrest, law enforcement and
prosecuting attorneys may cooperate with schools in releasing
information to a school pertaining to the investigation, diversion, and
prosecution of a juvenile attending the school. Upon the decision to
arrest or the arrest, incident reports may be released unless releasing
the records would jeopardize the investigation or prosecution or
endanger witnesses. If release of incident reports would jeopardize
the investigation or prosecution or endanger witnesses, law enforcement
and prosecuting attorneys may release information to the maximum extent
possible to assist schools in protecting other students, staff, and
school property.
(8) The juvenile court and the prosecutor may set up and maintain
a central record-keeping system which may receive information on all
alleged juvenile offenders against whom a complaint has been filed
pursuant to RCW 13.40.070 whether or not their cases are currently
pending before the court. The central record-keeping system may be
computerized. If a complaint has been referred to a diversion unit,
the diversion unit shall promptly report to the juvenile court or the
prosecuting attorney when the juvenile has agreed to diversion. An
offense shall not be reported as criminal history in any central
record-keeping system without notification by the diversion unit of the
date on which the offender agreed to diversion.
(9) Upon request of the victim of a crime or the victim's immediate
family, the identity of an alleged or proven juvenile offender alleged
or found to have committed a crime against the victim and the identity
of the alleged or proven juvenile offender's parent, guardian, or
custodian and the circumstance of the alleged or proven crime shall be
released to the victim of the crime or the victim's immediate family.
(10) Subject to the rules of discovery applicable in adult criminal
prosecutions, the juvenile offense records of an adult criminal
defendant or witness in an adult criminal proceeding shall be released
upon request to prosecution and defense counsel after a charge has
actually been filed. The juvenile offense records of any adult
convicted of a crime and placed under the supervision of the adult
corrections system shall be released upon request to the adult
corrections system.
(11) In any case in which an information has been filed pursuant to
RCW 13.40.100 or a complaint has been filed with the prosecutor and
referred for diversion pursuant to RCW 13.40.070, the person the
subject of the information or complaint may file a motion with the
court to have the court vacate its order and findings, if any, and,
subject to subsection (23) of this section, order the sealing of the
official juvenile court file, the social file, and records of the court
and of any other agency in the case.
(12) The court shall not grant any motion to seal records made
pursuant to subsection (11) of this section that is filed on or after
July 1, 1997, unless it finds that:
(a) For class B offenses other than sex offenses, since the last
date of release from confinement, including full-time residential
treatment, if any, or entry of disposition, the person has spent five
consecutive years in the community without committing any offense or
crime that subsequently results in conviction. For class C offenses
other than sex offenses, since the last date of release from
confinement, including full-time residential treatment, if any, or
entry of disposition, the person has spent two consecutive years in the
community without committing any offense or crime that subsequently
results in conviction. For gross misdemeanors and misdemeanors, since
the last date of release from confinement, including full-time
residential treatment, if any, or entry of disposition, the person has
spent two consecutive years in the community without committing any
offense or crime that subsequently results in conviction. For
diversions, since completion of the diversion agreement, the person has
spent two consecutive years in the community without committing any
offense or crime that subsequently results in conviction or diversion;
(b) No proceeding is pending against the moving party seeking the
conviction of a juvenile offense or a criminal offense;
(c) No proceeding is pending seeking the formation of a diversion
agreement with that person;
(d) The person has not been convicted of a class A or sex offense;
and
(e) Full restitution has been paid.
(13) The person making a motion pursuant to subsection (11) of this
section shall give reasonable notice of the motion to the prosecution
and to any person or agency whose files are sought to be sealed.
(14) If the court grants the motion to seal made pursuant to
subsection (11) of this section, it shall, subject to subsection (23)
of this section, order sealed the official juvenile court file, the
social file, and other records relating to the case as are named in the
order. Thereafter, the proceedings in the case shall be treated as if
they never occurred, and the subject of the records may reply
accordingly to any inquiry about the events, records of which are
sealed. Any agency shall reply to any inquiry concerning confidential
or sealed records that records are confidential, and no information can
be given about the existence or nonexistence of records concerning an
individual.
(15) Inspection of the files and records included in the order to
seal may thereafter be permitted only by order of the court upon motion
made by the person who is the subject of the information or complaint,
except as otherwise provided in RCW 13.50.010(8) and subsection (23) of
this section.
(16) Any adjudication of a juvenile offense or a crime subsequent
to sealing has the effect of nullifying the sealing order. Any
charging of an adult felony subsequent to the sealing has the effect of
nullifying the sealing order for the purposes of chapter 9.94A RCW.
The administrative office of the courts shall ensure that the superior
court judicial information system provides prosecutors access to
information on the existence of sealed juvenile records.
(17)(a) A person eighteen years of age or older whose criminal
history consists of only one referral for diversion may request that
the court order the records in that case destroyed. The request shall
be granted, subject to subsection (23) of this section, if the court
finds that two years have elapsed since completion of the diversion
agreement.
(b) A person twenty-three years of age or older whose criminal
history consists of only referrals for diversion may request that the
court order the records in those cases destroyed. The request shall be
granted, subject to subsection (23) of this section, if the court finds
that all diversion agreements have been successfully completed and no
proceeding is pending against the person seeking the conviction of a
criminal offense.
(18) If the court grants the motion to destroy records made
pursuant to subsection (17) of this section, it shall, subject to
subsection (23) of this section, order the official juvenile court
file, the social file, and any other records named in the order to be
destroyed.
(19) The person making the motion pursuant to subsection (17) of
this section shall give reasonable notice of the motion to the
prosecuting attorney and to any agency whose records are sought to be
destroyed.
(20) Any juvenile to whom the provisions of this section may apply
shall be given written notice of his or her rights under this section
at the time of his or her disposition hearing or during the diversion
process.
(21) Nothing in this section may be construed to prevent a crime
victim or a member of the victim's family from divulging the identity
of the alleged or proven juvenile offender or his or her family when
necessary in a civil proceeding.
(22) Any juvenile justice or care agency may, subject to the
limitations in subsection (23) of this section and (a) and (b) of this
subsection, develop procedures for the routine destruction of records
relating to juvenile offenses and diversions.
(a) Records may be routinely destroyed only when the person the
subject of the information or complaint has attained twenty-three years
of age or older, or is eighteen years of age or older and his or her
criminal history consists entirely of one diversion agreement and two
years have passed since completion of the agreement.
(b) The court may not routinely destroy the official juvenile court
file or recordings or transcripts of any proceedings.
(23) No identifying information held by the Washington ((state
patrol)) bureau of investigation in accordance with chapter ((43.43))
43.--- RCW (the new chapter created in section 906 of this act) is
subject to destruction or sealing under this section. For the purposes
of this subsection, identifying information includes photographs,
fingerprints, palmprints, soleprints, toeprints and any other data that
identifies a person by physical characteristics, name, birthdate or
address, but does not include information regarding criminal activity,
arrest, charging, diversion, conviction or other information about a
person's treatment by the criminal justice system or about the person's
behavior.
(24) Information identifying child victims under age eighteen who
are victims of sexual assaults by juvenile offenders is confidential
and not subject to release to the press or public without the
permission of the child victim or the child's legal guardian.
Identifying information includes the child victim's name, addresses,
location, photographs, and in cases in which the child victim is a
relative of the alleged perpetrator, identification of the relationship
between the child and the alleged perpetrator. Information identifying
a child victim of sexual assault may be released to law enforcement,
prosecutors, judges, defense attorneys, or private or governmental
agencies that provide services to the child victim of sexual assault.
Sec. 733 RCW 13.60.010 and 1985 c 443 s 22 are each amended to
read as follows:
The Washington ((state patrol)) bureau of investigation shall
establish a missing children clearinghouse which shall include the
maintenance and operation of a toll-free, twenty-four-hour telephone
hotline. The clearinghouse shall distribute information to local law
enforcement agencies, school districts, the department of social and
health services, and the general public regarding missing children.
The information shall include pictures, bulletins, training sessions,
reports, and biographical materials that will assist in local law
enforcement efforts to locate missing children. The ((state patrol))
Washington bureau of investigation shall also maintain a regularly
updated computerized link with national and other statewide missing
person systems or clearinghouses.
"Child" or "children," as used in this chapter, means an individual
under eighteen years of age.
Sec. 734 RCW 13.60.030 and 1985 c 443 s 24 are each amended to
read as follows:
The superintendent of public instruction shall meet semiannually
with the Washington ((state patrol)) bureau of investigation to develop
a coordinated plan for the distribution of information and education of
teachers and students in the school districts of the state regarding
the missing children problem in the state. The superintendent of
public instruction shall encourage local school districts to cooperate
by providing the ((state patrol)) Washington bureau of investigation
information on any missing children that may be identified within the
district.
Sec. 735 RCW 13.60.100 and 1999 c 168 s 1 are each amended to
read as follows:
The legislature finds a compelling need to address the problem of
missing children, whether those children have been abducted by a
stranger, are missing due to custodial interference, or are classified
as runaways. Washington state ranks twelfth in the nation for active
cases of missing juveniles and, at any given time, more than one
thousand eight hundred Washington children are reported as missing.
The potential for physical and psychological trauma to these children
is extreme. Therefore, the legislature finds that it is paramount for
the safety of these children that there be a concerted effort to
resolve cases of missing and exploited children.
Due to the complexity of many child abduction cases, most law
enforcement personnel are unprepared and lack adequate resources to
successfully and efficiently investigate these crimes. Therefore, it
is the intent of the legislature that a multiagency task force be
established within the Washington ((state patrol)) bureau of
investigation, to be available to assist local jurisdictions in missing
child cases through referrals, on-site assistance, case management, and
training. The legislature intends that the task force will increase
the effectiveness of a specific case investigation by drawing from the
combined resources, knowledge, and technical expertise of the members
of the task force.
Sec. 736 RCW 13.60.110 and 1999 c 168 s 2 are each amended to
read as follows:
(1) A task force on missing and exploited children is established
in the ((Washington state patrol)) department of public safety's
Washington bureau of investigation. The task force shall be under the
direction of the ((chief of the state patrol)) director of the
Washington bureau of investigation.
(2) The task force is authorized to assist law enforcement
agencies, upon request, in cases involving missing or exploited
children by:
(a) Direct assistance and case management;
(b) Technical assistance;
(c) Personnel training;
(d) Referral for assistance from local, state, national, and
international agencies; and
(e) Coordination and information sharing among local, state,
interstate, and federal law enforcement and social service agencies.
(3) To maximize the efficiency and effectiveness of state resources
and to improve interagency cooperation, the task force shall, where
feasible, use existing facilities, systems, and staff made available by
the ((state patrol)) Washington bureau of investigation and other
local, state, interstate, and federal law enforcement and social
service agencies. The ((chief of the state patrol)) director of the
department of public safety may employ such additional personnel as are
necessary for the work of the task force and may share personnel costs
with other agencies.
(4) The ((chief of the state patrol)) director of the department of
public safety shall seek public and private grants and gifts to support
the work of the task force.
(5) By December 1, 2001, and annually thereafter, the ((chief of
the state patrol)) director of the department of public safety shall
submit a report to the appropriate committees of the legislature. The
report shall establish performance measurements and objectives for the
task force and assess the accomplishments of the task force.
(6) For the purposes of RCW 13.60.100 through 13.60.120, "exploited
children" means children under the age of eighteen who are employed,
used, persuaded, induced, enticed, or coerced to engage in, or assist
another person to engage in, sexually explicit conduct. "Exploited
children" also means the rape, molestation, or use for prostitution of
children under the age of eighteen.
Sec. 737 RCW 13.60.120 and 1999 c 168 s 3 are each amended to
read as follows:
The advisory board on missing and exploited children is established
to advise the ((chief of the Washington state patrol)) director of the
Washington bureau of investigation on the objectives, conduct,
management, and coordination of the various activities of the task
force on missing and exploited children.
(1) The ((chief of the state patrol)) director of the department of
public safety shall appoint five members to the advisory board: (a)
One member shall be a county prosecuting attorney or a representative
and shall be appointed in consultation with the elected county
prosecutors; (b) two members shall be a municipal police chief and a
county sheriff, or their representatives, and shall be appointed in
consultation with the association of sheriffs and police chiefs under
RCW 36.28A.010; (c) one member shall be a representative of the ((state
patrol)) Washington bureau of investigation; and (d) one member shall
be a representative of parents of missing or exploited children.
(2) A sixth member of the board shall represent and be appointed by
the attorney general.
(3) To improve interagency communication and coordination, the
((chief of the state patrol)) director of the department of public
safety shall invite representatives of federal law enforcement agencies
and state social service agencies to participate in the advisory board.
(4) The members of the board shall be qualified on the basis of
knowledge and experience as may contribute to the effective performance
of the board's duties. The board shall elect its own chair from among
its members. Meetings of the board may be convened at the call of the
chair or by a majority of the members.
(5) The term of each member of the board shall be two years and
shall be conditioned upon the member retaining the official position
from which the member was appointed.
Sec. 738 RCW 18.20.130 and 2000 c 47 s 6 are each amended to read
as follows:
Standards for fire protection and the enforcement thereof, with
respect to all boarding homes to be licensed hereunder, shall be the
responsibility of the ((chief of the Washington state patrol)) director
of the department of public safety, through the director of fire
protection, who shall adopt such recognized standards as may be
applicable to boarding homes for the protection of life against the
cause and spread of fire and fire hazards. The department, upon
receipt of an application for a license, shall submit to the ((chief of
the Washington state patrol)) director of the department of public
safety, through the director of fire protection, in writing, a request
for an inspection, giving the applicant's name and the location of the
premises to be licensed. Upon receipt of such a request, the ((chief
of the Washington state patrol)) director of the department of public
safety, through the director of fire protection, or his or her deputy,
shall make an inspection of the boarding home to be licensed, and if it
is found that the premises do not comply with the required safety
standards and fire rules as adopted by the ((chief of the Washington
state patrol)) director of the department of public safety, through the
director of fire protection, he or she shall promptly make a written
report to the boarding home and the department as to the manner and
time allowed in which the premises must qualify for a license and set
forth the conditions to be remedied with respect to fire rules. The
department, applicant, or licensee shall notify the ((chief of the
Washington state patrol)) director of the department of public safety,
through the director of fire protection, upon completion of any
requirements made by him or her, and the ((chief of the Washington
state patrol)) director of the department of public safety, through the
director of fire protection, or his or her deputy, shall make a
reinspection of such premises. Whenever the boarding home to be
licensed meets with the approval of the ((chief of the Washington state
patrol)) director of the department of public safety, through the
director of fire protection, he or she shall submit to the department
a written report approving same with respect to fire protection before
a full license can be issued. The ((chief of the Washington state
patrol)) director of the department of public safety, through the
director of fire protection, shall make or cause to be made inspections
of such homes at least annually.
In cities which have in force a comprehensive building code, the
provisions of which are determined by the ((chief of the Washington
state patrol)) director of the department of public safety, through the
director of fire protection, to be equal to the minimum standards of
the code for boarding homes adopted by the ((chief of the Washington
state patrol)) director of the department of public safety, through the
director of fire protection, the chief of the fire department, provided
the latter is a paid chief of a paid fire department, shall make the
inspection with the ((chief of the Washington state patrol)) director
of the department of public safety, through the director of fire
protection, or his or her deputy, and they shall jointly approve the
premises before a full license can be issued.
Sec. 739 RCW 18.46.110 and 2000 c 93 s 37 are each amended to
read as follows:
Fire protection with respect to all birthing centers to be licensed
hereunder, shall be the responsibility of the ((chief of the Washington
state patrol)) director of the department of public safety, through the
director of fire protection, who shall adopt by reference, such
recognized standards as may be applicable to nursing homes, places of
refuge, and birthing centers for the protection of life against the
cause and spread of fire and fire hazards. The department upon receipt
of an application for a license, shall submit to the ((chief of the
Washington state patrol)) director of the department of public safety,
through the director of fire protection, in writing, a request for an
inspection, giving the applicant's name and the location of the
premises to be licensed. Upon receipt of such a request, the ((chief
of the Washington state patrol)) director of the department of public
safety, through the director of fire protection, or his or her deputy,
shall make an inspection of the birthing center to be licensed, and if
it is found that the premises do not comply with the required safety
standards and fire ((regulations)) rules as ((promulgated)) adopted by
the ((chief of the Washington state patrol)) director of the department
of public safety, through the director of fire protection, he or she
shall promptly make a written report to the department as to the manner
in which the premises may qualify for a license and set forth the
conditions to be remedied with respect to fire regulations. The
department, applicant or licensee shall notify the ((chief of the
Washington state patrol)) director of the department of public safety,
through the director of fire protection, upon completion of any
requirements made by him or her, and the ((chief of the Washington
state patrol)) director of the department of public safety, through the
director of fire protection, or his or her deputy, shall make a
reinspection of such premises. Whenever the birthing center to be
licensed meets with the approval of the ((chief of the Washington state
patrol)) director of the department of public safety, through the
director of fire protection, he or she shall submit to the department,
a written report approving same with respect to fire protection before
a license can be issued. The ((chief of the Washington state patrol))
director of the department of public safety, through the director of
fire protection, shall make or cause to be made such inspection of such
birthing centers as he or she deems necessary.
In cities which have in force a comprehensive building code, the
regulation of which is equal to the minimum standards of the code for
birthing centers adopted by the ((chief of the Washington state
patrol)) director of the department of public safety, through the
director of fire protection, the building inspector and the chief of
the fire department, provided the latter is a paid chief of a paid fire
department, shall make the inspection and shall approve the premises
before a license can be issued.
In cities where such building codes are in force, the ((chief of
the Washington state patrol)) director of the department of public
safety, through the director of fire protection, may, upon request by
the chief fire official, or the local governing body, or of a taxpayer
of such city, assist in the enforcement of any such code pertaining to
birthing centers.
Sec. 740 RCW 18.51.140 and 1995 1st sp.s. c 18 s 43 are each
amended to read as follows:
Standards for fire protection and the enforcement thereof, with
respect to all nursing homes to be licensed hereunder, shall be the
responsibility of the ((chief of the Washington state patrol)) director
of the department of public safety, through the director of fire
protection, who shall adopt such recognized standards as may be
applicable to nursing homes for the protection of life against the
cause and spread of fire and fire hazards. The department upon receipt
of an application for a license, shall submit to the ((chief of the
Washington state patrol)) director of the department of public safety,
through the director of fire protection, in writing, a request for an
inspection, giving the applicant's name and the location of the
premises to be licensed. Upon receipt of such a request, the ((chief
of the Washington state patrol)) director of the department of public
safety, through the director of fire protection, or his or her deputy,
shall make an inspection of the nursing home to be licensed, and if it
is found that the premises do not comply with the required safety
standards and fire ((regulations)) rules as ((promulgated)) adopted by
the ((chief of the Washington state patrol)) director of the department
of public safety, through the director of fire protection, he or she
shall promptly make a written report to the nursing home and the
department as to the manner and time allowed in which the premises must
qualify for a license and set forth the conditions to be remedied with
respect to fire regulations. The department, applicant or licensee
shall notify the ((chief of the Washington state patrol)) director of
the department of public safety, through the director of fire
protection, upon completion of any requirements made by him or her, and
the ((chief of the Washington state patrol)) director of the department
of public safety, through the director of fire protection, or his or
her deputy, shall make a reinspection of such premises. Whenever the
nursing home to be licensed meets with the approval of the ((chief of
the Washington state patrol)) director of the department of public
safety, through the director of fire protection, he or she shall submit
to the department, a written report approving same with respect to fire
protection before a full license can be issued. The ((chief of the
Washington state patrol)) director of the department of public safety,
through the director of fire protection, shall make or cause to be made
inspections of such nursing homes at least every eighteen months.
In cities which have in force a comprehensive building code, the
provisions of which are determined by the ((chief of the Washington
state patrol)) director of the department of public safety, through the
director of fire protection, to be equal to the minimum standards of
the code for nursing homes adopted by the ((chief of the Washington
state patrol)) director of the department of public safety, through the
director of fire protection, the chief of the fire department, provided
the latter is a paid chief of a paid fire department, shall make the
inspection with the ((chief of the Washington state patrol)) director
of the department of public safety, through the director of fire
protection, or his or her deputy and they shall jointly approve the
premises before a full license can be issued.
Sec. 741 RCW 18.51.145 and 1995 c 369 s 7 are each amended to
read as follows:
Inspections of nursing homes by local authorities shall be
consistent with the requirements of chapter 19.27 RCW, the state
building code. Findings of a serious nature shall be coordinated with
the department and the ((chief of the Washington state patrol))
director of the department of public safety, through the director of
fire protection, for determination of appropriate actions to ensure a
safe environment for nursing home residents. The ((chief of the
Washington state patrol)) director of the department of public safety,
through the director of fire protection, shall have exclusive authority
to determine appropriate corrective action under this section.
Sec. 742 RCW 18.165.070 and 1995 c 277 s 25 are each amended to
read as follows:
(1) Applications for licenses required under this chapter shall be
filed with the director on a form provided by the director. The
director may require any information and documentation that reasonably
relates to the need to determine whether the applicant meets the
criteria.
(2) After receipt of an application for a license, the director
shall conduct an investigation to determine whether the facts set forth
in the application are true and shall request that the Washington
((state patrol)) bureau of investigation compare the fingerprints
submitted with the application to fingerprint records available to the
Washington ((state patrol)) bureau of investigation. The Washington
((state patrol)) bureau of investigation shall forward the fingerprints
of applicants for an armed private investigator license to the federal
bureau of investigation for a national criminal history records check.
The director may require that fingerprint cards of licensees be
periodically reprocessed to identify criminal convictions subsequent to
registration.
(3) The director shall solicit comments from the chief law
enforcement officer of the county and city or town in which the
applicant's employer is located on issuance of a permanent private
investigator license.
(4) A summary of the information acquired under this section, to
the extent that it is public information, may be forwarded by the
department to the applicant's employer.
Sec. 743 RCW 18.170.130 and 1995 c 277 s 10 are each amended to
read as follows:
(1) Applications for licenses required under this chapter shall be
filed with the director on a form provided by the director. The
director may require any information and documentation that reasonably
relates to the need to determine whether the applicant meets the
criteria.
(2) After receipt of an application for a license, the director
shall conduct an investigation to determine whether the facts set forth
in the application are true and shall request that the Washington
((state patrol)) bureau of investigation compare the fingerprints
submitted with the application to fingerprint records available to the
Washington ((state patrol)) bureau of investigation. The Washington
((state patrol)) bureau of investigation shall forward the fingerprints
of applicants for an armed private security guard license to the
Federal Bureau of Investigation for a national criminal history records
check. The director may require that fingerprint cards of licensees be
periodically reprocessed to identify criminal convictions subsequent to
registration.
(3) The director shall solicit comments from the chief law
enforcement officer of the county and city or town in which the
applicant's employer is located on issuance of a permanent private
security guard license.
(4) A summary of the information acquired under this section, to
the extent that it is public information, shall be forwarded by the
department to the applicant's employer.
Sec. 744 RCW 18.185.040 and 2004 c 186 s 4 are each amended to
read as follows:
(1) Applications for licenses required under this chapter shall be
filed with the director on a form provided by the director. The
director may require any information and documentation that reasonably
relates to the need to determine whether the applicant meets the
criteria, including fingerprints.
(2) Applicants for licensure or endorsement as a bail bond recovery
agent must complete a records check through the Washington ((state
patrol)) bureau of investigation criminal identification system and
through the federal bureau of investigation at the applicant's expense.
Such record check shall include a fingerprint check using a Washington
((state patrol)) bureau of investigation approved fingerprint card.
The Washington ((state patrol)) bureau of investigation shall forward
the fingerprints of applicants to the federal bureau of investigation
for a national criminal history records check. The director may accept
proof of a recent national crime information center/III criminal
background report or any national or interstate criminal background
report in addition to fingerprints to accelerate the licensing and
endorsement process. The director is authorized to periodically
perform a background investigation of licensees to identify criminal
convictions subsequent to the renewal of a license or endorsement.
Sec. 745 RCW 18.185.250 and 2004 c 186 s 3 are each amended to
read as follows:
An applicant must meet the following requirements to obtain a bail
bond recovery agent license:
(1) Submit a fully completed application that includes proper
identification on a form prescribed by the director;
(2) Pass an examination determined by the director to measure his
or her knowledge and competence in the bail recovery business;
(3) Be at least twenty-one years old;
(4) Be a citizen or legal resident alien of the United States;
(5) Not have been convicted of a crime in any jurisdiction, if the
director determines that the applicant's particular crime directly
relates to a capacity to perform the duties of a bail bond recovery
agent, and that the license should be withheld to protect the citizens
of Washington state. The director shall make the director's
determination to withhold a license because of previous convictions
notwithstanding the restoration of employment rights act, chapter 9.96A
RCW;
(6) Submit a receipt showing payment for a background check through
the Washington ((state patrol)) bureau of investigation and the federal
bureau of investigation;
(7) Have a current firearms certificate issued by the commission if
carrying a firearm in the performance of his or her duties as a bail
bond recovery agent;
(8)(a) Have a current license to carry a concealed pistol if
carrying a firearm in the performance of his or her duties as a bail
bond recovery agent;
(b) A resident alien must provide a copy of his or her alien
firearm license if carrying a firearm in the performance of his or her
duties as a bail bond recovery agent; and
(9)(a) Pay the required nonrefundable fee for each application for
a bail bond recovery agent license;
(b) A bail bond agent or qualified agent who wishes to perform the
duties of a bail bond recovery agent must first obtain a bail bond
recovery agent endorsement to his or her bail bond agent or agency
license in order to act as a bail bond recovery agent, and pay the
required nonrefundable fee for each application for a bail bond
recovery agent endorsement.
Sec. 746 RCW 19.27A.110 and 1995 c 369 s 8 are each amended to
read as follows:
The ((chief of the Washington state patrol)) director of the
department of public safety, through the director of fire protection,
is the only authority having jurisdiction over the approval of portable
oil-fueled heaters. The sale and use of portable oil-fueled heaters is
governed exclusively by RCW 19.27A.080 through 19.27A.120: PROVIDED,
That cities and counties may adopt local standards as provided in RCW
19.27.040.
Sec. 747 RCW 19.220.010 and 2003 c 268 s 1 are each amended to
read as follows:
(1) Each international matchmaking organization doing business in
Washington state shall disseminate to a recruit, upon request, state
background check information and personal history information relating
to any Washington state resident about whom any information is provided
to the recruit, in the recruit's native language. The organization
shall notify all recruits that background check and personal history
information is available upon request. The notice that background
check and personal history information is available upon request shall
be in the recruit's native language and shall be displayed in a manner
that separates it from other information, is highly noticeable, and in
lettering not less than one-quarter of an inch high.
(2) If an international matchmaking organization receives a request
for information from a recruit pursuant to subsection (1) of this
section, the organization shall notify the Washington state resident of
the request. Upon receiving notification, the Washington state
resident shall obtain from the ((state patrol)) Washington bureau of
investigation and provide to the organization the complete transcript
of any background check information provided pursuant to RCW 43.43.760
(as recodified by this act) based on a submission of fingerprint
impressions and provided pursuant to RCW 43.43.838 (as recodified by
this act) and shall provide to the organization his or her personal
history information. The organization shall require the resident to
affirm that personal history information is complete and accurate. The
organization shall refrain from knowingly providing any further
services to the recruit or the Washington state resident in regards to
facilitating future interaction between the recruit and the Washington
state resident until the organization has obtained the requested
information and provided it to the recruit.
(3) This section does not apply to a traditional matchmaking
organization of a religious nature that otherwise operates in
compliance with the laws of the countries of the recruits of such
organization and the laws of the United States nor to any organization
that does not charge a fee to any party for the service provided.
(4) As used in this section:
(a) "International matchmaking organization" means a corporation,
partnership, business, or other legal entity, whether or not organized
under the laws of the United States or any state, that does business in
the United States and for profit offers to Washington state residents,
including aliens lawfully admitted for permanent residence and residing
in Washington state, dating, matrimonial, or social referral services
involving citizens of a foreign country or countries who are not
residing in the United States, by: (i) An exchange of names, telephone
numbers, addresses, or statistics; (ii) selection of photographs; or
(iii) a social environment provided by the organization in a country
other than the United States.
(b) "Personal history information" means a declaration of the
person's current marital status, the number of previous marriages,
annulments, and dissolutions for the person, and whether any previous
marriages occurred as a result of receiving services from an
international matchmaking organization; founded allegations of child
abuse or neglect; and any existing orders under chapter 10.14, 10.99,
or 26.50 RCW. Personal history information shall include information
from the state of Washington and any information from other states or
countries.
(c) "Recruit" means a noncitizen, nonresident person, recruited by
an international matchmaking organization for the purpose of providing
dating, matrimonial, or social referral services.
Sec. 748 RCW 26.10.135 and 2003 c 105 s 1 are each amended to
read as follows:
(1) Before granting any order regarding the custody of a child
under this chapter, the court shall consult the judicial information
system, if available, to determine the existence of any information and
proceedings that are relevant to the placement of the child.
(2) Before entering a final order, the court shall:
(a) Direct the department of social and health services to release
information as provided under RCW 13.50.100; and
(b) Require the petitioner to provide the results of an examination
of state and national criminal identification data provided by the
Washington ((state patrol)) bureau of investigation criminal
identification system as described in chapter ((43.43)) 43.--- RCW (the
new chapter created in section 906 of this act) for the petitioner and
adult members of the petitioner's household.
Sec. 749 RCW 26.33.190 and 1991 c 136 s 3 are each amended to
read as follows:
(1) Any person may at any time request an agency, the department,
an individual approved by the court, or a qualified salaried court
employee to prepare a preplacement report. A certificate signed under
penalty of perjury by the person preparing the report specifying his or
her qualifications as required in this chapter shall be attached to or
filed with each preplacement report and shall include a statement of
training or experience that qualifies the person preparing the report
to discuss relevant adoption issues. A person may have more than one
preplacement report prepared. All preplacement reports shall be filed
with the court in which the petition for adoption is filed.
(2) The preplacement report shall be a written document setting
forth all relevant information relating to the fitness of the person
requesting the report as an adoptive parent. The report shall be based
on a study which shall include an investigation of the home
environment, family life, health, facilities, and resources of the
person requesting the report. The report shall include a list of the
sources of information on which the report is based. The report shall
include a recommendation as to the fitness of the person requesting the
report to be an adoptive parent. The report shall also verify that the
following issues were discussed with the prospective adoptive parents:
(a) The concept of adoption as a lifelong developmental process and
commitment;
(b) The potential for the child to have feelings of identity
confusion and loss regarding separation from the birth parents;
(c) Disclosure of the fact of adoption to the child;
(d) The child's possible questions about birth parents and
relatives; and
(e) The relevance of the child's racial, ethnic, and cultural
heritage.
(3) All preplacement reports shall include an investigation of the
conviction record, pending charges, or disciplinary board final
decisions of prospective adoptive parents. The investigation shall
include an examination of state and national criminal identification
data provided by the Washington ((state patrol)) bureau of
investigation criminal identification system as described in chapter
((43.43)) 43.--- RCW (the new chapter created in section 906 of this
act).
(4) An agency, the department, or a court approved individual may
charge a reasonable fee based on the time spent in conducting the study
and preparing the preplacement report. The court may set a reasonable
fee for conducting the study and preparing the report when a court
employee has prepared the report. An agency, the department, a court
approved individual, or the court may reduce or waive the fee if the
financial condition of the person requesting the report so warrants.
An agency's, the department's, or court approved individual's, fee is
subject to review by the court upon request of the person requesting
the report.
(5) The person requesting the report shall designate to the agency,
the department, the court approved individual, or the court in writing
the county in which the preplacement report is to be filed. If the
person requesting the report has not filed a petition for adoption, the
report shall be indexed in the name of the person requesting the report
and a cause number shall be assigned. A fee shall not be charged for
filing the report. The applicable filing fee may be charged at the
time a petition governed by this chapter is filed. Any subsequent
preplacement reports shall be filed together with the original report.
(6) A copy of the completed preplacement report shall be delivered
to the person requesting the report.
(7) A person may request that a report not be completed. A
reasonable fee may be charged for the value of work done.
Sec. 750 RCW 26.44.020 and 2005 c 512 s 5 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Court" means the superior court of the state of Washington,
juvenile department.
(2) "Law enforcement agency" means the police department, the
prosecuting attorney, the ((state patrol)) department of public safety,
the local jurisdiction's director of public safety, or the office of
the sheriff.
(3) "Practitioner of the healing arts" or "practitioner" means a
person licensed by this state to practice podiatric medicine and
surgery, optometry, chiropractic, nursing, dentistry, osteopathic
medicine and surgery, or medicine and surgery or to provide other
health services. The term "practitioner" includes a duly accredited
Christian Science practitioner: PROVIDED, HOWEVER, That a person who
is being furnished Christian Science treatment by a duly accredited
Christian Science practitioner will not be considered, for that reason
alone, a neglected person for the purposes of this chapter.
(4) "Institution" means a private or public hospital or any other
facility providing medical diagnosis, treatment or care.
(5) "Department" means the state department of social and health
services.
(6) "Child" or "children" means any person under the age of
eighteen years of age.
(7) "Professional school personnel" include, but are not limited
to, teachers, counselors, administrators, child care facility
personnel, and school nurses.
(8) "Social service counselor" means anyone engaged in a
professional capacity during the regular course of employment in
encouraging or promoting the health, welfare, support or education of
children, or providing social services to adults or families, including
mental health, drug and alcohol treatment, and domestic violence
programs, whether in an individual capacity, or as an employee or agent
of any public or private organization or institution.
(9) "Psychologist" means any person licensed to practice psychology
under chapter 18.83 RCW, whether acting in an individual capacity or as
an employee or agent of any public or private organization or
institution.
(10) "Pharmacist" means any registered pharmacist under chapter
18.64 RCW, whether acting in an individual capacity or as an employee
or agent of any public or private organization or institution.
(11) "Clergy" means any regularly licensed or ordained minister,
priest, or rabbi of any church or religious denomination, whether
acting in an individual capacity or as an employee or agent of any
public or private organization or institution.
(12) "Abuse or neglect" means sexual abuse, sexual exploitation, or
injury of a child by any person under circumstances which cause harm to
the child's health, welfare, or safety, excluding conduct permitted
under RCW 9A.16.100; or the negligent treatment or maltreatment of a
child by a person responsible for or providing care to the child. An
abused child is a child who has been subjected to child abuse or
neglect as defined in this section.
(13) "Child protective services section" means the child protective
services section of the department.
(14) "Sexual exploitation" includes: (a) Allowing, permitting, or
encouraging a child to engage in prostitution by any person; or (b)
allowing, permitting, encouraging, or engaging in the obscene or
pornographic photographing, filming, or depicting of a child by any
person.
(15) "Negligent treatment or maltreatment" means an act or a
failure to act, or the cumulative effects of a pattern of conduct,
behavior, or inaction, that evidences a serious disregard of
consequences of such magnitude as to constitute a clear and present
danger to a child's health, welfare, or safety. When considering
whether a clear and present danger exists, evidence of a parent's
substance abuse as a contributing factor to negligent treatment or
maltreatment shall be given great weight. The fact that siblings share
a bedroom is not, in and of itself, negligent treatment or
maltreatment. Poverty, homelessness, or exposure to domestic violence
as defined in RCW 26.50.010 that is perpetrated against someone other
than the child ((do [does])) does not constitute negligent treatment or
maltreatment in and of ((themselves [itself])) itself.
(16) "Child protective services" means those services provided by
the department designed to protect children from child abuse and
neglect and safeguard such children from future abuse and neglect, and
conduct investigations of child abuse and neglect reports.
Investigations may be conducted regardless of the location of the
alleged abuse or neglect. Child protective services includes referral
to services to ameliorate conditions that endanger the welfare of
children, the coordination of necessary programs and services relevant
to the prevention, intervention, and treatment of child abuse and
neglect, and services to children to ensure that each child has a
permanent home. In determining whether protective services should be
provided, the department shall not decline to provide such services
solely because of the child's unwillingness or developmental inability
to describe the nature and severity of the abuse or neglect.
(17) "Malice" or "maliciously" means an evil intent, wish, or
design to vex, annoy, or injure another person. Such malice may be
inferred from an act done in willful disregard of the rights of
another, or an act wrongfully done without just cause or excuse, or an
act or omission of duty betraying a willful disregard of social duty.
(18) "Sexually aggressive youth" means a child who is defined in
RCW 74.13.075(1)(b) as being a sexually aggressive youth.
(19) "Unfounded" means available information indicates that, more
likely than not, child abuse or neglect did not occur. No unfounded
allegation of child abuse or neglect may be disclosed to a child-placing agency, private adoption agency, or any other provider licensed
under chapter 74.15 RCW.
Sec. 751 RCW 28A.195.080 and 1999 c 187 s 1 are each amended to
read as follows:
(1) The legislature finds additional safeguards are necessary to
ensure safety of school children attending private schools in the state
of Washington. Private schools approved under this chapter are
authorized to require that employees who have regularly scheduled
unsupervised access to children, whether current employees on May 5,
1999, or applicants for employment on or after May 5, 1999, undergo a
record check through the Washington ((state patrol)) bureau of
investigation criminal identification system under RCW 43.43.830
through 43.43.838 (as recodified by this act), 10.97.030, and 10.97.050
and through the federal bureau of investigation. The record check
shall include a fingerprint check using a complete Washington state
criminal identification fingerprint card. Employees or applicants for
employment who have completed a record check in accordance with RCW
28A.410.010 shall not be required to undergo a record check under this
section. The superintendent of public instruction shall provide a copy
of the record report to the employee or applicant. If an employee or
applicant has undergone a record check as authorized under this
section, additional record checks shall not be required unless required
by other provisions of law.
(2) The approved private school, the employee, or the applicant
shall pay the costs associated with the record check authorized in this
section.
(3) Applicants may be employed on a conditional basis pending
completion of the investigation. If the employee or applicant has had
a record check within the previous two years, the approved private
school or contractor may waive any record check required by the
approved private school under subsection (1) of this section.
Sec. 752 RCW 28A.400.303 and 2001 c 296 s 3 are each amended to
read as follows:
School districts, educational service districts, the state school
for the deaf, the state school for the blind, and their contractors
hiring employees who will have regularly scheduled unsupervised access
to children shall require a record check through the Washington ((state
patrol)) bureau of investigation criminal identification system under
RCW 43.43.830 through 43.43.834 (as recodified by this act), 10.97.030,
and 10.97.050 and through the federal bureau of investigation before
hiring an employee. The record check shall include a fingerprint check
using a complete Washington state criminal identification fingerprint
card. The requesting entity shall provide a copy of the record report
to the applicant. When necessary, applicants may be employed on a
conditional basis pending completion of the investigation. If the
applicant has had a record check within the previous two years, the
district, the state school for the deaf, the state school for the
blind, or contractor may waive the requirement. The district, pursuant
to chapter 41.59 or 41.56 RCW, the state school for the deaf, the state
school for the blind, or contractor hiring the employee shall determine
who shall pay costs associated with the record check.
Sec. 753 RCW 28A.400.306 and 1995 c 335 s 504 are each amended to
read as follows:
The ((state patrol)) Washington bureau of investigation shall
accept fingerprints obtained under this chapter only if it can ensure
that the ((patrol)) Washington bureau of investigation will not retain
a record of the fingerprints after the check is complete. It shall not
forward fingerprints obtained under this chapter to the federal bureau
of investigation unless it can ensure that the federal bureau of
investigation will not retain a record of the fingerprints after the
check is complete.
Sec. 754 RCW 28A.410.010 and 2005 c 497 s 203 are each amended to
read as follows:
The Washington professional educator standards board shall
establish, publish, and enforce rules determining eligibility for and
certification of personnel employed in the common schools of this
state, including certification for emergency or temporary, substitute
or provisional duty and under such certificates or permits as the board
shall deem proper or as otherwise prescribed by law. The rules shall
require that the initial application for certification shall require a
record check of the applicant through the Washington ((state patrol))
bureau of investigation criminal identification system and through the
federal bureau of investigation at the applicant's expense. The record
check shall include a fingerprint check using a complete Washington
state criminal identification fingerprint card. The superintendent of
public instruction may waive the record check for any applicant who has
had a record check within the two years before application. The rules
shall permit a holder of a lapsed certificate but not a revoked or
suspended certificate to be employed on a conditional basis by a school
district with the requirement that the holder must complete any
certificate renewal requirements established by the state board of
education within two years of initial reemployment.
In establishing rules pertaining to the qualifications of
instructors of American sign language the board shall consult with the
national association of the deaf, "sign instructors guidance network"
(s.i.g.n.), and the Washington state association of the deaf for
evaluation and certification of sign language instructors.
The superintendent of public instruction shall act as the
administrator of any such rules and have the power to issue any
certificates or permits and revoke the same in accordance with board
rules.
Sec. 755 RCW 29A.08.651 and 2005 c 246 s 16 are each amended to
read as follows:
(1) The office of the secretary of state shall create and maintain
a statewide voter registration data base. This data base must be a
single, uniform, official, centralized, interactive computerized
statewide voter registration list defined, maintained, and administered
at the state level that contains the name and registration information
of every legally registered voter in the state and assigns a unique
identifier to each legally registered voter in the state.
(2) The computerized list must serve as the single system for
storing and maintaining the official list of registered voters
throughout the state.
(3) The computerized list must contain the name and registration
information of every legally registered voter in the state.
(4) Under the computerized list, a unique identifier is assigned to
each legally registered voter in the state.
(5) The computerized list must be coordinated with other agency
data bases within the state, including but not limited to the
department of corrections, the department of licensing, the department
of health, the Washington ((state patrol)) bureau of investigation, and
the office of the administrator for the courts. The computerized list
may also be coordinated with the data bases of election officials in
other states.
(6) Any election officer in the state, including any local election
officer, may obtain immediate electronic access to the information
contained in the computerized list.
(7) All voter registration information obtained by any local
election officer in the state must be electronically entered into the
computerized list on an expedited basis at the time the information is
provided to the local officer.
(8) The chief state election officer shall provide support, as may
be required, so that local election officers are able to enter
information as described in subsection (3) of this section.
(9) The computerized list serves as the official voter registration
list for the conduct of all elections.
(10) The secretary of state has data authority on all voter
registration data.
(11) The voter registration data base must be designed to
accomplish at a minimum, the following:
(a) Comply with the Help America Vote Act of 2002 (P.L. 107-252);
(b) Identify duplicate voter registrations;
(c) Identify suspected duplicate voters;
(d) Screen against the department of corrections, the Washington
((state patrol)) bureau of investigation, and other appropriate state
agency data bases to aid in the cancellation of voter registration of
felons, of persons who have declined to serve on juries by virtue of
not being citizens of the United States, and of persons determined to
be legally incompetent to vote;
(e) Provide up-to-date signatures of voters for the purposes of
initiative signature checking;
(f) Provide for a comparison between the voter registration data
base and the department of licensing change of address data base;
(g) Provide online access for county auditors with the goal of real
time duplicate checking and update capabilities; and
(h) Provide for the cancellation of voter registration for persons
who have moved to other states and surrendered their Washington state
drivers' licenses.
(12) In order to maintain the statewide voter registration data
base, the secretary of state may, upon agreement with other appropriate
jurisdictions, screen against data bases maintained by election
officials in other states and data bases maintained by federal agencies
including, but not limited to, the federal bureau of investigation, the
federal court system, the federal bureau of prisons, and the bureau of
citizenship and immigration services.
(13) The secretary of state shall retain information regarding
previous successful appeals of proposed cancellations of registrations
in order to avoid repeated cancellations for the same reason.
(14) The secretary of state must review and update the records of
all registered voters on the computerized list on a quarterly basis to
make additions and corrections.
Sec. 756 RCW 34.12.035 and 1984 c 141 s 6 are each amended to
read as follows:
The chief administrative law judge shall designate an
administrative law judge to serve, as the need arises, as presiding
officer in ((state patrol)) disciplinary hearings conducted under RCW
43.43.090 (as recodified by this act).
Sec. 757 RCW 34.12.060 and 1989 c 175 s 34 are each amended to
read as follows:
When an administrative law judge presides at a hearing under this
chapter and a majority of the officials of the agency who are to render
the final decision have not heard substantially all of the oral
testimony and read all exhibits submitted by any party, it shall be the
duty of such judge, or in the event of his unavailability or
incapacity, of another judge appointed by the chief administrative law
judge, to issue an initial decision or proposal for decision including
findings of fact and conclusions of law in accordance with RCW
34.05.461 or 34.05.485. However, this section does not apply to a
((state patrol)) disciplinary hearing conducted under RCW 43.43.090 (as
recodified by this act).
Sec. 758 RCW 35A.21.161 and 1983 c 3 s 59 are each amended to
read as follows:
All code cities shall observe and enforce, in addition to its local
regulations, the provisions of state laws relating to the conduct,
location and limitation on activities as regulated by state law and
shall supply police information to the section on identification of the
((state patrol)) Washington bureau of investigation as required by
chapter ((43.43)) 43.--- RCW (the new chapter created in section 906 of
this act).
Sec. 759 RCW 36.27.110 and 1989 c 271 s 237 are each amended to
read as follows:
There is established a statewide advisory committee comprised of
the attorney general, the ((chief of the Washington state patrol))
director of the department of public safety, both United States
attorneys whose offices are located in Washington state, and three
county prosecuting attorneys appointed by the Washington association of
prosecuting attorneys, who will also act as supervising attorneys. The
statewide advisory committee shall select one of the supervising
attorneys to act as project director of the drug prosecution assistance
program.
Sec. 760 RCW 36.28A.070 and 2003 c 102 s 3 are each amended to
read as follows:
(1) The Washington association of sheriffs and police chiefs in
consultation with the Washington state emergency management office, the
Washington association of county officials, the Washington association
of cities, the information services board, the Washington state fire
chiefs' association, and the ((Washington state patrol)) department of
public safety shall convene a committee to establish guidelines related
to the statewide first responder building mapping information system.
The committee shall have the following responsibilities:
(a) Develop the type of information to be included in the statewide
first responder building mapping information system. The information
shall include, but is not limited to: Floor plans, fire protection
information, evacuation plans, utility information, known hazards, and
text and digital images showing emergency personnel contact
information;
(b) Develop building mapping software standards that must be
utilized by all entities participating in the statewide first responder
building mapping information system;
(c) Determine the order in which buildings shall be mapped when
funding is received;
(d) Develop guidelines on how the information shall be made
available. These guidelines shall include detailed procedures and
security systems to ensure that the information is only made available
to the government entity that either owns the building or is responding
to an incident at the building;
(e) Recommend training guidelines regarding using the statewide
first responder building mapping information system to the criminal
justice training commission and the ((Washington state patrol))
department of public safety fire protection bureau.
(2)(a) Nothing in this section supersedes the authority of the
information services board under chapter 43.105 RCW.
(b) Nothing in this section supersedes the authority of state
agencies and local governments to control and maintain access to
information within their independent systems.
Sec. 761 RCW 38.52.040 and 1995 c 269 s 1202 are each amended to
read as follows:
(1) There is hereby created the emergency management council
(hereinafter called the council), to consist of not more than seventeen
members who shall be appointed by the governor. The membership of the
council shall include, but not be limited to, representatives of city
and county governments, sheriffs and police chiefs, the ((Washington
state patrol)) department of public safety, the military department,
the department of ecology, state and local fire chiefs, seismic safety
experts, state and local emergency management directors, search and
rescue volunteers, medical professions who have expertise in emergency
medical care, building officials, and private industry. The
representatives of private industry shall include persons knowledgeable
in emergency and hazardous materials management. The council members
shall elect a chairman from within the council membership. The members
of the council shall serve without compensation, but may be reimbursed
for their travel expenses incurred in the performance of their duties
in accordance with RCW 43.03.050 and 43.03.060 ((as now existing or
hereafter amended)).
(2) The emergency management council shall advise the governor and
the director on all matters pertaining to state and local emergency
management. The council may appoint such ad hoc committees,
subcommittees, and working groups as are required to develop specific
recommendations for the improvement of emergency management practices,
standards, policies, or procedures. The council shall ensure that the
governor receives an annual assessment of statewide emergency
preparedness including, but not limited to, specific progress on hazard
mitigation and reduction efforts, implementation of seismic safety
improvements, reduction of flood hazards, and coordination of hazardous
materials planning and response activities. The council or a
subcommittee thereof shall periodically convene in special session and
serve during those sessions as the state emergency response commission
required by P.L. 99-499, the emergency planning and community right-to-know act. When sitting in session as the state emergency response
commission, the council shall confine its deliberations to those items
specified in federal statutes and state administrative rules governing
the coordination of hazardous materials policy. The council shall
review administrative rules governing state and local emergency
management practices and recommend necessary revisions to the director.
Sec. 762 RCW 43.06.270 and 1969 ex.s. c 186 s 9 are each amended
to read as follows:
The governor may in his or her discretion order the state militia
pursuant to chapter 38.08 RCW or the ((state patrol)) department of
public safety to assist local officials to restore order in the area
described in the proclamation of a state of emergency.
Sec. 763 RCW 43.08.250 and 2005 c 518 s 926, 2005 c 457 s 8, and
2005 c 282 s 44 are each reenacted and amended to read as follows:
(1) The money received by the state treasurer from fees, fines,
forfeitures, penalties, reimbursements or assessments by any court
organized under Title 3 or 35 RCW, or chapter 2.08 RCW, shall be
deposited in the public safety and education account which is hereby
created in the state treasury. The legislature shall appropriate the
funds in the account to promote traffic safety education, highway
safety, criminal justice training, crime victims' compensation,
judicial education, the judicial information system, civil
representation of indigent persons under RCW 2.53.030, winter
recreation parking, drug court operations, and state game programs.
During the fiscal biennium ending June 30, 2007, the legislature may
appropriate moneys from the public safety and education account for
purposes of appellate indigent defense and other operations of the
office of public defense, the criminal litigation unit of the attorney
general's office, the treatment alternatives to street crimes program,
crime victims advocacy programs, justice information network
telecommunication planning, treatment for supplemental security income
clients, sexual assault treatment, operations of the administrative
office of the courts, security in the common schools, alternative
school start-up grants, programs for disruptive students, criminal
justice data collection, ((Washington state patrol)) department of
public safety criminal justice activities, drug court operations,
unified family courts, local court backlog assistance, financial
assistance to local jurisdictions for extraordinary costs incurred in
the adjudication of criminal cases, domestic violence treatment and
related services, the department of corrections' costs in implementing
chapter 196, Laws of 1999, reimbursement of local governments for costs
associated with implementing criminal and civil justice legislation,
the replacement of the department of corrections' offender-based
tracking system, secure and semi-secure crisis residential centers,
HOPE beds, the family policy council and community public health and
safety networks, the street youth program, public notification about
registered sex offenders, and narcotics or methamphetamine-related
enforcement, education, training, and drug and alcohol treatment
services.
(2)(a) The equal justice subaccount is created as a subaccount of
the public safety and education account. The money received by the
state treasurer from the increase in fees imposed by sections 9, 10,
12, 13, 14, 17, and 19, chapter 457, Laws of 2005 shall be deposited in
the equal justice subaccount and shall be appropriated only for:
(i) Criminal indigent defense assistance and enhancement at the
trial court level, including a criminal indigent defense pilot program;
(ii) Representation of parents in dependency and termination
proceedings;
(iii) Civil legal representation of indigent persons; and
(iv) Contribution to district court judges' salaries and to
eligible elected municipal court judges' salaries.
(b) For the 2005-07 fiscal biennium, an amount equal to twenty-five
percent of revenues to the equal justice subaccount, less one million
dollars, shall be appropriated from the equal justice subaccount to the
administrator for the courts for purposes of (a)(iv) of this
subsection. For the 2007-09 fiscal biennium and subsequent fiscal
biennia, an amount equal to fifty percent of revenues to the equal
justice subaccount shall be appropriated from the equal justice
subaccount to the administrator for the courts for the purposes of
(a)(iv) of this subsection.
Sec. 764 RCW 43.79.445 and 2005 c 166 s 3 are each amended to
read as follows:
There is established an account in the state treasury referred to
as the "death investigations account" which shall exist for the purpose
of receiving, holding, investing, and disbursing funds appropriated or
provided in RCW 70.58.107 and any moneys appropriated or otherwise
provided thereafter.
Moneys in the death investigations account shall be disbursed by
the state treasurer once every year on December 31 and at any other
time determined by the treasurer. The treasurer shall make
disbursements to: The state toxicology laboratory, counties for the
cost of autopsies, the ((state patrol)) department of public safety for
providing partial funding for the state dental identification system,
the criminal justice training commission for training county coroners,
medical examiners and their staff, and the state forensic
investigations council. Funds from the death investigations account
may be appropriated during the 1997-99 biennium for the purposes of
statewide child mortality reviews administered by the department of
health.
Sec. 765 RCW 43.79.470 and 2003 c 360 s 1501 are each amended to
read as follows:
The state patrol nonappropriated airplane revolving account is
created in the custody of the state treasurer. All receipts from
aircraft user fees paid by other agencies and private users as
reimbursement for the use of the patrol's aircraft that are primarily
for purposes other than highway patrol must be deposited into the
account. Expenditures from the account may be used only for expenses
related to these aircraft. Only the ((chief)) director of the
((Washington state patrol)) department of public safety or the
((chief's)) director's designee may authorize expenditures from the
account. The account is subject to allotment procedures under chapter
43.88 RCW, but an appropriation is not required for expenditures.
Sec. 766 RCW 43.89.010 and 2000 2nd sp.s. c 4 s 7 are each
amended to read as follows:
The ((chief of the Washington state patrol)) director of the
department of public safety is hereby authorized to establish a
communications network which will inter-connect the law enforcement
agencies of the state and its political subdivisions into a unified
written communications system. The ((chief of the Washington state
patrol)) director of the department of public safety is authorized to
lease or purchase such facilities and equipment as may be necessary to
establish and maintain the communications network.
(1) The communications network shall be used exclusively for the
official business of the state, and the official business of any city,
county, city and county, or other public agency.
(2) This section does not prohibit the occasional use of the
state's communications network by any other state or public agency
thereof when the messages transmitted relate to the enforcement of the
criminal laws of the state.
(3) The ((chief of the Washington state patrol)) director of the
department of public safety shall fix the monthly operational charge to
be paid by any department or agency of state government, or any city,
county, city and county, or other public agency participating in the
communications network: PROVIDED, That in computing charges to be made
against a city, county, or city and county the state shall bear at
least fifty percent of the costs of such service as its share in
providing a modern unified communications network to the law
enforcement agencies of the state. Of the fees collected pursuant to
this section, one-half shall be deposited in the motor vehicle fund and
one-half shall be deposited in the state patrol highway account.
(4) The ((chief of the Washington state patrol)) director of the
department of public safety is authorized to arrange for the connection
of the communications network with the law enforcement communications
system of any adjacent state, or the Province of British Columbia,
Canada.
Sec. 767 RCW 43.89.030 and 1965 ex.s. c 60 s 4 are each amended
to read as follows:
Any city, county, city and county, or other public agency may
connect with and participate in the teletypewriter communications
network subject to the rules, regulations, procedures and methods of
operation adopted by the state communications advisory committee:
PROVIDED, That such city, county, city and county, or other public
agency shall first agree to pay such installation charges as may be
necessary for such connection and such monthly operational charges as
may be established by the ((chief of the Washington state patrol))
director of the department of public safety.
Sec. 768 RCW 43.101.030 and 1999 c 97 s 1 are each amended to
read as follows:
The commission shall consist of fourteen members, who shall be
selected as follows:
(1) The governor shall appoint two incumbent sheriffs and two
incumbent chiefs of police.
(2) The governor shall appoint one officer at or below the level of
first line supervisor from a county law enforcement agency and one
officer at or below the level of first line supervisor from a municipal
law enforcement agency. Each appointee under this subsection (2) shall
have at least ten years experience as a law enforcement officer.
(3) The governor shall appoint one person employed in a county
correctional system and one person employed in the state correctional
system.
(4) The governor shall appoint one incumbent county prosecuting
attorney or municipal attorney.
(5) The governor shall appoint one elected official of a local
government.
(6) The governor shall appoint one private citizen.
(7) The three remaining members shall be:
(a) The attorney general;
(b) The special agent in charge of the Seattle office of the
federal bureau of investigation; and
(c) The ((chief of the state patrol)) director of the department of
public safety.
Sec. 769 RCW 43.101.380 and 2001 c 167 s 10 are each amended to
read as follows:
(1) The procedures governing adjudicative proceedings before
agencies under chapter 34.05 RCW, the administrative procedure act,
govern hearings before the commission and govern all other actions
before the commission unless otherwise provided in this chapter. The
standard of proof in actions before the commission is clear, cogent,
and convincing evidence.
(2) On all appeals brought under RCW 43.101.155, a five-member
hearings panel shall both hear the case and make the commission's final
administrative decision. Members of the commission or the board on law
enforcement training standards and education may but need not be
appointed to the hearings panels. The commission shall appoint as
follows two or more panels to hear appeals from decertification
actions:
(a) When an appeal is filed in relation to decertification of a
Washington peace officer who is not a peace officer of the Washington
state patrol or the Washington bureau of investigation, the commission
shall appoint to the panel: (i) One police chief; (ii) one sheriff;
(iii) two peace officers who are at or below the level of first line
supervisor, who are from city or county law enforcement agencies, and
who have at least ten years' experience as peace officers; and (iv) one
person who is not currently a peace officer and who represents a
community college or four-year college or university.
(b) When an appeal is filed in relation to decertification of a
peace officer of the Washington state patrol, the commission shall
appoint to the panel: (i) Either one police chief or one sheriff; (ii)
one administrator of the state patrol; (iii) one peace officer who is
at or below the level of first line supervisor, who is from a city or
county law enforcement agency, and who has at least ten years'
experience as a peace officer; (iv) one state patrol officer who is at
or below the level of first line supervisor, and who has at least ten
years' experience as a peace officer; and (v) one person who is not
currently a peace officer and who represents a community college or
four-year college or university.
(c) When an appeal is filed in relation to decertification of a
peace officer of the Washington bureau of investigation, the commission
shall appoint to the panel: (i) Either one police chief or one
sheriff; (ii) one administrator of the Washington bureau of
investigation; (iii) one peace officer who is at or below the level of
first line supervisor, who is from a city or county law enforcement
agency, and who has at least ten years' experience as a peace officer;
(iv) one Washington bureau of investigation agent who is at or below
the level of first line supervisor, and who has at least ten years'
experience as a peace officer; and (v) one person who is not currently
a peace officer and who represents a community college or four-year
college or university.
(d) Persons appointed to hearings panels by the commission shall,
in relation to any decertification matter on which they sit, have the
powers, duties, and immunities, and are entitled to the emoluments,
including travel expenses in accordance with RCW 43.03.050 and
43.03.060, of regular commission members.
(3) Where the charge upon which revocation or denial is based is
that a peace officer was "discharged for disqualifying misconduct," and
the discharge is "final," within the meaning of RCW 43.101.105(((4)))
(1)(d), and the officer received a civil service hearing or arbitration
hearing culminating in an affirming decision following separation from
service by the employer, the hearings panel may revoke or deny
certification if the hearings panel determines that the discharge
occurred and was based on disqualifying misconduct; the hearings panel
need not redetermine the underlying facts but may make this
determination based solely on review of the records and decision
relating to the employment separation proceeding. However, the
hearings panel may, in its discretion, consider additional evidence to
determine whether such a discharge occurred and was based on such
disqualifying misconduct. The hearings panel shall, upon written
request by the subject peace officer, allow the peace officer to
present additional evidence of extenuating circumstances.
Where the charge upon which revocation or denial of certification
is based is that a peace officer "has been convicted at any time of a
felony offense" within the meaning of RCW 43.101.105(((3))) (1)(c), the
hearings panel shall revoke or deny certification if it determines that
the peace officer was convicted of a felony. The hearings panel need
not redetermine the underlying facts but may make this determination
based solely on review of the records and decision relating to the
criminal proceeding. However, the hearings panel shall, upon the
panel's determination of relevancy, consider additional evidence to
determine whether the peace officer was convicted of a felony.
Where the charge upon which revocation or denial is based is under
RCW 43.101.105(1)((, (2), (5), or (6))) (a), (b), (e), or (f), the
hearings panel shall determine the underlying facts relating to the
charge upon which revocation or denial of certification is based.
(4) The commission's final administrative decision is subject to
judicial review under RCW 34.05.510 through 34.05.598.
Sec. 770 RCW 43.103.020 and 1999 c 40 s 3 are each amended to
read as follows:
As used in this chapter, the following terms have the meanings
indicated unless the context clearly requires otherwise.
(1) "Council" means the Washington state forensic investigations
council.
(2) "Crime laboratory" means the Washington ((state patrol)) bureau
of investigation crime laboratory system created in RCW 43.43.670 (as
recodified by this act) and under the bureau of forensic laboratory
services of the Washington ((state patrol)) bureau of investigation.
(3) "State toxicology laboratory" means the Washington state
toxicology laboratory and under the bureau of forensic laboratory
services of the Washington ((state patrol)) bureau of investigation.
Sec. 771 RCW 43.103.030 and 2005 c 166 s 2 are each amended to
read as follows:
There is created the Washington state forensic investigations
council. The council shall oversee the ((bureau of)) forensic
laboratory services division of the Washington bureau of investigation
and, in consultation with the ((chief of the Washington state patrol))
director of the department of public safety or the ((chief's))
director's designee, control the operation and establish policies of
the ((bureau of)) forensic laboratory services division. The council
may also study and recommend cost-efficient improvements to the death
investigation system in Washington and report its findings to the
legislature.
The forensic investigations council shall be responsible for the
oversight of any state forensic pathology program authorized by the
legislature.
The forensic investigations council shall be actively involved in
the preparation of the ((bureau of)) forensic laboratory services
division budget and shall approve the ((bureau of)) forensic laboratory
services division budget prior to its formal submission to the office
of financial management pursuant to RCW 43.88.030.
Sec. 772 RCW 43.103.040 and 1995 c 398 s 5 are each amended to
read as follows:
The council shall consist of twelve members who shall be selected
as follows: One county coroner; one county prosecutor; one county
prosecutor who also serves as ex officio county coroner; one county
medical examiner; one county sheriff; one chief of police; the ((chief
of the state patrol)) director of the department of public safety; two
members of a county legislative authority; one pathologist who is
currently in private practice; and two members of a city legislative
authority.
The governor shall appoint members to the council from among the
nominees submitted for each position as follows: The Washington
association of county officials shall submit two nominees each for the
coroner position and the medical examiner position; the Washington
state association of counties shall submit two nominees each for the
two county legislative authority positions; the association of
Washington cities shall submit two nominees each for the two city
legislative authority positions; the Washington association of
prosecuting attorneys shall submit two nominees each for the county
prosecutor-ex officio county coroner and for the county prosecutor
position; the Washington association of sheriffs and police chiefs
shall submit two nominees each for the county sheriff position and the
chief of police position; and the Washington association of
pathologists shall submit two nominees for the private pathologist
position.
Sec. 773 RCW 43.103.090 and 1999 c 142 s 1 and 1999 c 40 s 5 are
each reenacted and amended to read as follows:
(1) The council may:
(a) 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 chair;
(b) Adopt rules governing the council and the conduct of its
meetings;
(c) Require reports from the ((chief)) director of the Washington
((state patrol)) bureau of investigation on matters pertaining to the
((bureau of)) forensic laboratory services division;
(d) Authorize the expenditure of up to two hundred fifty thousand
dollars per biennium from the council's death investigations account
appropriation for the purpose of assisting local jurisdictions in the
investigation of multiple deaths involving unanticipated,
extraordinary, and catastrophic events, or involving multiple
jurisdictions. The council shall adopt rules consistent with this
subsection for the purposes of authorizing expenditure of the funds;
(e) Do anything, necessary or convenient, which enables the council
to perform its duties and to exercise its powers; and
(f) Be actively involved in the preparation of the ((bureau of))
forensic laboratory services division budget and approve the ((bureau
of)) forensic laboratory services division budget prior to formal
submission to the office of financial management pursuant to RCW
43.88.030.
(2) The council shall:
(a) Prescribe qualifications for the position of director of the
((bureau of)) forensic laboratory services division, after consulting
with the ((chief)) director of the Washington ((state patrol)) bureau
of investigation. The council shall submit to the ((chief)) director
of the Washington ((state patrol)) bureau of investigation a list
containing the names of up to three persons who the council believes
meet its qualifications to serve as director of the ((bureau of))
forensic laboratory services division. Minimum qualifications for the
director of the ((bureau of)) forensic laboratory services division
must include successful completion of a background investigation and
polygraph examination. If requested by the ((chief)) director of the
Washington ((state patrol)) bureau of investigation, the forensic
investigations council shall submit one additional list of up to three
persons who the forensic investigations council believes meet its
qualifications. The appointment must be from one of the lists of
persons submitted by the forensic investigations council, and the
director of the ((bureau of)) forensic laboratory services division
shall report to the office of the ((chief)) director of the Washington
((state patrol)) bureau of investigation;
(b) After consulting with the ((chief)) director of the Washington
((state patrol)) bureau of investigation and the director of the
((bureau of)) forensic laboratory services division, the council shall
appoint a toxicologist as state toxicologist, who shall report to the
director of the ((bureau of)) forensic laboratory services division.
The appointee shall meet the minimum standards for employment with the
((Washington state patrol)) department of public safety including
successful completion of a background investigation and polygraph
examination;
(c) Establish, after consulting with the ((chief)) director of the
Washington ((state patrol)) bureau of investigation, the policies,
objectives, and priorities of the ((bureau of)) forensic laboratory
services division, to be implemented and administered within
constraints established by budgeted resources by the director of the
((bureau of)) forensic laboratory services division;
(d) Set the salary for the director of the ((bureau of)) forensic
laboratory services division; and
(e) Set the salary for the state toxicologist.
Sec. 774 RCW 43.105.330 and 2003 c 18 s 4 are each amended to
read as follows:
(1) The board shall appoint a state interoperability executive
committee, the membership of which must include, but not be limited to,
representatives of the military department, the ((Washington state
patrol)) department of public safety, the department of transportation,
the department of information services, the department of natural
resources, city and county governments, state and local fire chiefs,
police chiefs, and sheriffs, and state and local emergency management
directors. The chair and legislative members of the board will serve
as nonvoting ex officio members of the committee. Voting membership
may not exceed fifteen members.
(2) The chair of the board shall appoint the chair of the committee
from among the voting members of the committee.
(3) The ((strategic [state])) state interoperability executive
committee has the following responsibilities:
(a) Develop policies and make recommendations to the board for
technical standards for state wireless radio communications systems,
including emergency communications systems. The standards must
address, among other things, the interoperability of systems, taking
into account both existing and future systems and technologies;
(b) Coordinate and manage on behalf of the board the licensing and
use of state-designated and state-licensed radio frequencies, including
the spectrum used for public safety and emergency communications, and
serve as the point of contact with the federal communications
commission on matters relating to allocation, use, and licensing of
radio spectrum;
(c) Seek support, including possible federal or other funding, for
state-sponsored wireless communications systems;
(d) Develop recommendations for legislation that may be required to
promote interoperability of state wireless communications systems;
(e) Foster cooperation and coordination among public safety and
emergency response organizations;
(f) Work with wireless communications groups and associations to
ensure interoperability among all public safety and emergency response
wireless communications systems; and
(g) Perform such other duties as may be assigned by the board to
promote interoperability of wireless communications systems.
Sec. 775 RCW 46.04.040 and 1987 c 330 s 701 are each amended to
read as follows:
"Authorized emergency vehicle" means any vehicle of any fire
department, police department, sheriff's office, coroner, prosecuting
attorney, ((Washington state patrol)) department of public safety,
ambulance service, public or private, which need not be classified,
registered or authorized by the state patrol, or any other vehicle
authorized in writing by the state patrol.
Sec. 776 RCW 46.08.065 and 1998 c 111 s 4 are each amended to
read as follows:
(1) It is unlawful for any public officer having charge of any
vehicle owned or controlled by any county, city, town, or public body
in this state other than the state of Washington and used in public
business to operate the same upon the public highways of this state
unless and until there shall be displayed upon such automobile or other
motor vehicle in letters of contrasting color not less than one and
one-quarter inches in height in a conspicuous place on the right and
left sides thereof, the name of such county, city, town, or other
public body, together with the name of the department or office upon
the business of which the said vehicle is used. This section shall not
apply to vehicles of a sheriff's office, local police department, or
any vehicles used by local peace officers under public authority for
special undercover or confidential investigative purposes. This
subsection shall not apply to: (a) Any municipal transit vehicle
operated for purposes of providing public mass transportation; (b) any
vehicle governed by the requirements of subsection (4) of this section;
nor to (c) any motor vehicle on loan to a school district for driver
training purposes. It shall be lawful and constitute compliance with
the provisions of this section, however, for the governing body of the
appropriate county, city, town, or public body other than the state of
Washington or its agencies to adopt and use a distinctive insignia
which shall be not less than six inches in diameter across its smallest
dimension and which shall be displayed conspicuously on the right and
left sides of the vehicle. Such insignia shall be in a color or colors
contrasting with the vehicle to which applied for maximum visibility.
The name of the public body owning or operating the vehicle shall also
be included as part of or displayed above such approved insignia in
colors contrasting with the vehicle in letters not less than one and
one-quarter inches in height. Immediately below the lettering
identifying the public entity and agency operating the vehicle or below
an approved insignia shall appear the words "for official use only" in
letters at least one inch high in a color contrasting with the color of
the vehicle. The appropriate governing body may provide by rule or
ordinance for marking of passenger motor vehicles as prescribed in
subsection (2) of this section or for exceptions to the marking
requirements for local governmental agencies for the same purposes and
under the same circumstances as permitted for state agencies under
subsection (3) of this section.
(2) Except as provided by subsections (3) and (4) of this section,
passenger motor vehicles owned or controlled by the state of
Washington, and purchased after July 1, 1989, must be plainly and
conspicuously marked on the lower left-hand corner of the rear window
with the name of the operating agency or institution or the words
"state motor pool," as appropriate, the words "state of Washington -- for official use only," and the seal of the state of Washington or the
appropriate agency or institution insignia, approved by the department
of general administration. Markings must be on a transparent adhesive
material and conform to the standards established by the department of
general administration. For the purposes of this section, "passenger
motor vehicles" means sedans, station wagons, vans, light trucks, or
other motor vehicles under ten thousand pounds gross vehicle weight.
(3) Subsection (2) of this section shall not apply to vehicles used
by the ((Washington state patrol)) department of public safety for
general undercover or confidential investigative purposes. Traffic
control vehicles of the Washington state patrol may be exempted from
the requirements of subsection (2) of this section at the discretion of
the chief of the Washington state patrol. The department of general
administration shall adopt general rules permitting other exceptions to
the requirements of subsection (2) of this section for other vehicles
used for law enforcement, confidential public health work, and public
assistance fraud or support investigative purposes, for vehicles leased
or rented by the state on a casual basis for a period of less than
ninety days, and those provided for in RCW 46.08.066(3). The
exceptions in this subsection, subsection (4) of this section, and
those provided for in RCW 46.08.066(3) shall be the only exceptions
permitted to the requirements of subsection (2) of this section.
(4) Any motorcycle, vehicle over 10,000 pounds gross vehicle
weight, or other vehicle that for structural reasons cannot be marked
as required by subsection (1) or (2) of this section that is owned or
controlled by the state of Washington or by any county, city, town, or
other public body in this state and used for public purposes on the
public highways of this state shall be conspicuously marked in letters
of a contrasting color with the words "State of Washington" or the name
of such county, city, town, or other public body, together with the
name of the department or office that owns or controls the vehicle.
(5) All motor vehicle markings required under the terms of this
chapter shall be maintained in a legible condition at all times.
Sec. 777 RCW 46.12.047 and 2002 c 246 s 1 are each amended to
read as follows:
The department shall institute software and systems modifications
to enable a WACIC/NCIC stolen vehicle search of out-of-state vehicles
as part of the title transaction. During the stolen vehicle search, if
the information obtained indicates the vehicle is stolen, that
information shall be immediately reported to the ((state patrol))
Washington bureau of investigation and the applicant shall not be
issued a certificate of ownership for the vehicle. Vehicles for which
the stolen vehicle check is negative shall be issued a certificate of
ownership if the department is satisfied that all other requirements
have been met.
Sec. 778 RCW 46.52.065 and 1977 ex.s. c 50 s 1 are each amended
to read as follows:
Every coroner or other official performing like functions shall
submit to the state toxicologist a blood sample taken from all drivers
and all pedestrians who are killed in any traffic accident where the
death occurred within four hours after the accident. Blood samples
shall be taken and submitted in the manner prescribed by the state
toxicologist. The state toxicologist shall analyze these blood samples
to determine the concentration of alcohol and, where feasible, the
presence of drugs or other toxic substances. The reports and records
of the state toxicologist relating to analyses made pursuant to this
section shall be confidential: PROVIDED, That the results of these
analyses shall be reported to the ((state patrol)) Washington bureau of
investigation and made available to the prosecuting attorney or law
enforcement agency having jurisdiction: PROVIDED FURTHER, That the
results of these analyses may be admitted in evidence in any civil or
criminal action where relevant and shall be made available to the
parties to any such litigation on application to the court.
Sec. 779 RCW 46.72A.090 and 1996 c 87 s 12 are each amended to
read as follows:
The limousine carrier shall certify to the appropriate regulating
authority that each chauffeur hired to operate a limousine meets the
following criteria: (1) Is at least twenty-one years of age; (2) holds
a valid Washington state driver's license; (3) has successfully
completed a training course approved by the department; (4) has
successfully passed a written examination; (5) has successfully
completed a background check performed by the Washington ((state
patrol)) bureau of investigation; and (6) has submitted a medical
certificate certifying the individual's fitness as a chauffeur. Upon
initial application and every three years thereafter, a chauffeur must
file a physician's certification with the limousine carrier validating
the individual's fitness to drive a limousine. The department shall
determine the scope of the examination. The director may require a
chauffeur to be reexamined at any time.
The limousine carrier shall keep on file and make available for
inspection all documents required by this section.
Sec. 780 RCW 46.82.325 and 2002 c 195 s 4 are each amended to
read as follows:
(1) Persons instructing students under eighteen years of age are
required to have a background check through the Washington ((state
patrol)) bureau of investigation criminal identification system and
through the federal bureau of investigation. The background check
shall also include a fingerprint check using a fingerprint card.
(2) The cost of the background check shall be paid by the
instructor.
(3) The department may waive the background check for any applicant
who has had a background check within two years before applying to
become an instructor.
Sec. 781 RCW 48.05.320 and 1995 c 369 s 24 are each amended to
read as follows:
(1) Each authorized insurer shall promptly report to the ((chief))
director of the ((Washington state patrol)) department of public
safety, through the director of fire protection, upon forms as
prescribed and furnished by him or her, each fire loss of property in
this state reported to it and whether the loss is due to criminal
activity or to undetermined causes.
(2) Each such insurer shall likewise report to the ((chief))
director of the ((Washington state patrol)) department of public
safety, through the director of fire protection, upon claims paid by it
for loss or damage by fire in this state. Copies of all reports
required by this section shall be promptly transmitted to the state
insurance commissioner.
Sec. 782 RCW 48.06.040 and 2002 c 227 s 1 are each amended to
read as follows:
To apply for a solicitation permit the person shall:
(1) File with the commissioner a request showing:
(a) Name, type, and purpose of insurer, corporation, or syndicate
proposed to be formed;
(b) Names, addresses, fingerprints for submission to the Washington
((state patrol)) bureau of investigation, the federal bureau of
investigation, and any governmental agency or entity authorized to
receive this information for a state and national criminal history
background check, and business records of each person associated or to
be associated in the formation of the proposed insurer, corporation, or
syndicate;
(c) Full disclosure of the terms of all understandings and
agreements existing or proposed among persons so associated relative to
the proposed insurer, corporation, or syndicate, or the formation
thereof;
(d) The plan according to which solicitations are to be made; and
(e) Additional information as the commissioner may reasonably
require.
(2) File with the commissioner:
(a) Original and copies in triplicate of proposed articles of
incorporation, or syndicate agreement; or, if the proposed insurer is
a reciprocal, original and duplicate of the proposed subscribers'
agreement and attorney in fact agreement;
(b) Original and duplicate copy of any proposed bylaws;
(c) Copy of any security proposed to be issued and copy of
application or subscription agreement for that security;
(d) Copy of any insurance contract proposed to be offered and copy
of application for that contract;
(e) Copy of any prospectus, advertising, or literature proposed to
be used; and
(f) Copy of proposed form of any escrow agreement required.
(3) Deposit with the commissioner the fees required by law to be
paid for the application including fees associated with the state and
national criminal history background check, for filing of the articles
of incorporation of an insurer, for filing the subscribers' agreement
and attorney in fact agreement if the proposed insurer is a reciprocal,
for the solicitation permit, if granted, and for filing articles of
incorporation with the secretary of state.
Sec. 783 RCW 48.15.070 and 2002 c 227 s 3 are each amended to
read as follows:
Any individual while a resident of this state, or any firm or any
corporation that has in its employ a qualified individual who is a
resident of this state and who is authorized to exercise the powers of
the firm or corporation, deemed by the commissioner to be competent and
trustworthy, and while maintaining an office at a designated location
in this state, may be licensed as a surplus line broker in accordance
with this section.
(1) Application to the commissioner for the license shall be made
on forms furnished by the commissioner. As part of, or in connection
with, this application, the applicant shall furnish information
concerning his or her identity, including fingerprints for submission
to the Washington ((state patrol)) bureau of investigation, the federal
bureau of investigation, and any governmental agency or entity
authorized to receive this information for a state and national
criminal history background check; personal history; experience;
business records; purposes; and other pertinent information, as the
commissioner may reasonably require.
(2) The license shall expire if not timely renewed. Surplus line
brokers licenses shall be valid for the time period established by the
commissioner unless suspended or revoked at an earlier date.
(3) Prior to issuance of license the applicant shall file with the
commissioner a bond in favor of the state of Washington in the penal
sum of twenty thousand dollars, with authorized corporate sureties
approved by the commissioner, conditioned that he or she will conduct
business under the license in accordance with the provisions of this
chapter and that he or she will promptly remit the taxes provided by
RCW 48.15.120. The licensee shall maintain such bond in force for as
long as the license remains in effect.
(4) Every applicant for a surplus line broker's license or for the
renewal of a surplus line broker's license shall file with the
application or request for renewal a bond in favor of the people of the
state of Washington, executed by an authorized corporate surety
approved by the commissioner, in the amount of one hundred thousand
dollars and shall be the bonding requirement for new licensees. The
licensee shall maintain such bond in force while so licensed. The bond
may be continuous in form, and total aggregate liability on the bond
may be limited to the amount stated in the bond. The bond shall be
contingent on the accounting by the surplus line broker to any person
requesting such broker to obtain insurance, for moneys or premiums
collected in connection therewith. A bond issued in accordance with
RCW 48.17.250 or with this subsection will satisfy the requirements of
both RCW 48.17.250 and this subsection if the limit of liability is not
less than the greater of the requirement of RCW 48.17.250 or the
requirement of this subsection.
(5) Any bond issued pursuant to subsection (3) or (4) of this
section shall remain in force until the surety is released from
liability by the commissioner, or until the bond is canceled by the
surety. Without prejudice to any liability accrued prior to such
cancellation, the surety may cancel the bond upon thirty days' advance
notice in writing filed with the commissioner.
(6) If in the process of verifying fingerprints under subsection
(1) of this section, business records, or other information the
commissioner's office incurs fees or charges from another governmental
agency or from a business firm, the amount of the fees or charges shall
be paid to the commissioner's office by the applicant.
(7) For the purposes of this section, a "qualified individual" is
a natural person who has met all the requirements that must be met by
an individual surplus line broker.
Sec. 784 RCW 48.17.090 and 2002 c 227 s 2 are each amended to
read as follows:
(1) Application for a license to be an agent, broker, solicitor, or
adjuster shall be made to the commissioner upon forms furnished by the
commissioner. As a part of or in connection with any such application,
the applicant shall furnish information concerning his or her identity,
including fingerprints for submission to the Washington ((state
patrol)) bureau of investigation, the federal bureau of investigation,
and any governmental agency or entity authorized to receive this
information for a state and national criminal history background check,
personal history, experience, business record, purposes, and other
pertinent facts, as the commissioner may reasonably require.
(2) Persons resident in the United States but not in Washington may
apply for such a license on a form prepared by the national association
of insurance commissioners or others, if those forms are approved by
the commissioner by rule. An applicant shall also furnish any other
information required to be submitted but not provided for in that form.
(3) Any person willfully misrepresenting any fact required to be
disclosed in any such application shall be liable to penalties as
provided by this code.
(4) If in the process of verifying fingerprints under subsection
(1) of this section, business records, or other information the
commissioner's office incurs fees or charges from another governmental
agency or from a business firm, the amount of such fees or charges
shall be paid to the commissioner's office by the applicant.
Sec. 785 RCW 48.48.030 and 1995 c 369 s 25 are each amended to
read as follows:
(1) The ((chief of the Washington state patrol)) director of the
department of public safety, through the director of fire protection or
his or her authorized deputy, shall have authority at all times of day
and night, in the performance of duties imposed by this chapter, to
enter upon and examine any building or premises where any fire has
occurred and other buildings and premises adjoining or near thereto.
(2) The ((chief of the Washington state patrol)) director of the
department of public safety, through the director of fire protection or
his or her authorized deputy, shall have authority at any reasonable
hour to enter into any public building or premises or any building or
premises used for public purposes to inspect for fire hazards.
Sec. 786 RCW 48.48.040 and 1995 c 369 s 26 are each amended to
read as follows:
(1) The ((chief of the Washington state patrol)) director of the
department of public safety, through the director of fire protection or
his or her authorized deputy, shall have authority to enter upon all
premises and into all buildings except private dwellings for the
purpose of inspection to ascertain if any fire hazard exists, and to
require conformance with minimum standards for the prevention of fire
and for the protection of life and property against fire and panic as
to use of premises, and may adopt by reference nationally recognized
standards applicable to local conditions.
(2) The ((chief of the Washington state patrol)) director of the
department of public safety, through the director of fire protection
or his or her authorized deputy, may, upon request by the chief fire
official or the local governing body or of taxpayers of such area,
assist in the enforcement of any such code.
Sec. 787 RCW 48.48.050 and 1995 c 369 s 27 are each amended to
read as follows:
(1) If the ((chief of the Washington state patrol)) director of the
department of public safety, through the director of fire protection or
his or her authorized deputy, finds in any building or premises subject
to their inspection under this chapter, any combustible material or
flammable conditions or fire hazards dangerous to the safety of the
building, premises, or to the public, he or she shall by written order
require such condition to be remedied, and such order shall forthwith
be complied with by the owner or occupant of the building or premises.
(2) An owner or occupant aggrieved by any such order made by the
((chief of the Washington state patrol)) director of the department of
public safety, through the director of fire protection or his or her
deputy, may appeal such order pursuant to chapter 34.05 RCW. If the
order is confirmed, the order shall remain in force and be complied
with by the owner or occupant.
(3) Any owner or occupant failing to comply with any such order not
appealed from or with any order so confirmed shall be punishable by a
fine of not less than ten dollars nor more than fifty dollars for each
day such failure exists.
Sec. 788 RCW 48.48.060 and 1996 c 161 s 1 are each amended to
read as follows:
(1) The responsibility for investigating the origin, cause,
circumstances, and extent of loss of all fires shall be assigned as
follows:
(a) Within any city or town, the chief of the fire department;
(b) Within unincorporated areas of a county, the county fire
marshal, or other fire official so designated by the county legislative
authority.
(2) No fire marshal, or other person, may enter the scene of an
emergency until permitted by the officer in charge of the emergency
incident.
(3) Nothing shall prevent any city, town, county, or fire
protection district, or any combination thereof, from entering into
interlocal agreements to meet the responsibility required by this
section.
(4) When any fire investigation indicates that the cause of the
fire is determined to be suspicious or criminal in nature, the person
responsible for the fire investigation shall immediately report the
results of said investigation to the local law enforcement agency and
the ((chief of the Washington state patrol)) director of the department
of public safety, through the ((state)) director of fire ((marshal))
protection.
(5) In addition to the responsibility imposed by this section, any
law enforcement agency, sheriff, or chief of police may assist in the
investigation of the origin, cause, circumstances, and extent of loss
of all fires within his or her respective jurisdiction.
(6) The ((chief of the Washington state patrol)) director of the
department of public safety, through the director of fire protection or
his or her deputy, may investigate any fire for the purpose of
determining its cause, origin, and the extent of the loss. The ((chief
of the Washington state patrol)) director of the department of public
safety, through the director of fire protection or his or her deputy,
shall assist in the investigation of those fires of criminal,
suspected, or undetermined cause when requested by the reporting
agency. In the investigation of any fire of criminal, suspected, or
undetermined cause, the ((chief of the Washington state patrol))
director of the department of public safety and the director of fire
protection or his or her deputy, are vested with police powers to
enforce the laws of this state. To exercise these powers, authorized
deputies must receive prior written authorization from the ((chief of
the Washington state patrol)) director of the department of public
safety, through the director of fire protection, and shall have
completed a course of training prescribed by the Washington state
criminal justice training commission.
Sec. 789 RCW 48.48.065 and 1999 c 231 s 1 are each amended to
read as follows:
(1) The chief of each organized fire department, or the sheriff or
other designated county official having jurisdiction over areas not
within the jurisdiction of any fire department, shall report
statistical information and data to the ((chief of the Washington state
patrol)) director of the department of public safety, through the
director of fire protection, on each fire occurring within the
official's jurisdiction and, within two business days, report any death
resulting from fire. Reports shall be consistent with the national
fire incident reporting system developed by the United States fire
administration and rules established by the ((chief of the Washington
state patrol)) director of the department of public safety, through the
director of fire protection. The ((chief of the Washington state
patrol)) director of the department of public safety, through the
director of fire protection, and the department of natural resources
shall jointly determine the statistical information to be reported on
fires on land under the jurisdiction of the department of natural
resources.
(2) The ((chief of the Washington state patrol)) director of the
department of public safety, through the director of fire protection,
shall analyze the information and data reported, compile a report, and
distribute a copy annually by July 1st to each chief fire official in
the state. Upon request, the ((chief of the Washington state patrol))
director of the department of public safety, through the director of
fire protection, shall also furnish a copy of the report to any other
interested person at cost.
(3) In carrying out the duties relating to collecting, analyzing,
and reporting statistical fire data, the fire protection policy board
may purchase statistical fire data from a qualified individual or
organization. The information shall meet the diverse needs of state
and local fire reporting agencies and shall be (a) defined in
understandable terms of common usage in the fire community; (b)
adaptable to the varying levels of resources available; (c) maintained
in a manner that will foster both technical support and resource
sharing; and (d) designed to meet both short and long-term needs.
Sec. 790 RCW 48.48.070 and 1995 c 369 s 30 are each amended to
read as follows:
In the conduct of any investigation into the cause, origin, or loss
resulting from any fire, the ((chief of the Washington state patrol))
director of the department of public safety and the director of fire
protection shall have the same power and rights relative to securing
the attendance of witnesses and the taking of testimony under oath as
is conferred upon the insurance commissioner under RCW 48.03.070.
False swearing by any such witness shall be deemed to be perjury and
shall be subject to punishment as such.
Sec. 791 RCW 48.48.080 and 1995 c 369 s 31 are each amended to
read as follows:
If as the result of any such investigation, or because of any
information received, the ((chief of the Washington state patrol))
director of the department of public safety, through the director of
fire protection, is of the opinion that there is evidence sufficient to
charge any person with any crime, he or she may cause such person to be
arrested and charged with such offense, and shall furnish to the
prosecuting attorney of the county in which the offense was committed,
the names of witnesses and all pertinent and material evidence and
testimony within his or her possession relative to the offense.
Sec. 792 RCW 48.48.090 and 1995 c 369 s 32 are each amended to
read as follows:
The ((chief of the Washington state patrol)) director of the
department of public safety, through the director of fire protection,
shall keep on file all reports of fires made to him or her pursuant to
this code. Such records shall at all times during business hours be
open to public inspection; except, that any testimony taken in a fire
investigation may, in the discretion of the ((chief of the Washington
state patrol)) director of the department of public safety, through the
director of fire protection, be withheld from public scrutiny. The
((chief of the Washington state patrol)) director of the department of
public safety, through the director of fire protection, may destroy any
such report after five years from its date.
Sec. 793 RCW 48.48.110 and 1995 c 369 s 33 are each amended to
read as follows:
The ((chief of the Washington state patrol)) director of the
department of public safety, through the director of fire protection,
shall submit annually a report to the governor of this state. The
report shall contain a statement of his or her official acts pursuant
to this chapter.
Sec. 794 RCW 48.48.140 and 1995 c 369 s 34 are each amended to
read as follows:
(1) Smoke detection devices shall be installed inside all dwelling
units:
(a) Occupied by persons other than the owner on and after December
31, 1981; or
(b) Built or manufactured in this state after December 31, 1980.
(2) The smoke detection devices shall be designed, manufactured,
and installed inside dwelling units in conformance with:
(a) Nationally accepted standards; and
(b) As provided by the administrative procedure act, chapter 34.05
RCW, rules and regulations promulgated by the ((chief of the Washington
state patrol)) director of the department of public safety, through the
director of fire protection.
(3) Installation of smoke detection devices shall be the
responsibility of the owner. Maintenance of smoke detection devices,
including the replacement of batteries where required for the proper
operation of the smoke detection device, shall be the responsibility of
the tenant, who shall maintain the device as specified by the
manufacturer. At the time of a vacancy, the owner shall insure that
the smoke detection device is operational prior to the reoccupancy of
the dwelling unit.
(4) Any owner or tenant failing to comply with this section shall
be punished by a fine of not more than two hundred dollars.
(5) For the purposes of this section:
(a) "Dwelling unit" means a single unit providing complete,
independent living facilities for one or more persons including
permanent provisions for living, sleeping, eating, cooking, and
sanitation; and
(b) "Smoke detection device" means an assembly incorporating in one
unit a device which detects visible or invisible particles of
combustion, the control equipment, and the alarm-sounding device,
operated from a power supply either in the unit or obtained at the
point of installation.
Sec. 795 RCW 48.48.150 and 1995 c 369 s 35 are each amended to
read as follows:
(1) All premises guarded by guard animals, which are animals
professionally trained to defend and protect premises or the occupants
of the premises, shall be registered with the local fire department.
Front entrances to residences and all entrances to business premises
shall be posted in a visible location with signs approved by the
((chief of the Washington state patrol)) director of the department of
public safety, through the director of fire protection, indicating that
guard animals are present.
(2) A fire fighter, who reasonably believes that his or her safety
is endangered by the presence of a guard animal, may without liability:
(a) Refuse to enter the premises, or (b) take any reasonable action
necessary to protect himself or herself from attack by the guard
animal.
(3) If the person responsible for the guard animal being on the
premises does not comply with subsection (1) of this section, that
person may be held liable for any injury to the fire fighter caused by
the presence of the guard animal.
Sec. 796 RCW 48.48.160 and 2000 c 191 s 20 are each amended to
read as follows:
(1) The ((chief of the Washington state patrol)) director of the
department of public safety, through the director of fire protection or
his or her authorized deputy, shall, in consultation with the emergency
management program within the state military department, the department
of ecology, the utilities and transportation commission, and local
emergency services organizations:
(a) Evaluate the preparedness of local first responders in meeting
emergency management demands under subsection (2) of this section; and
(b) Conduct an assessment of the equipment and personnel needed by
local first responders to meet emergency management demands related to
pipelines.
(2) The ((chief of the Washington state patrol)) director of the
department of public safety, through the director of fire protection or
his or her deputy, shall develop curricula for training local first
responders to deal with hazardous liquid and gas pipeline accidents.
The curricula shall be developed in conjunction with pipeline companies
and local first responders, and shall include a timetable and costs for
providing training as defined in the curricula to all communities
housing pipelines. Separate curricula shall be developed for hazardous
liquid and gas pipelines so that the differences between pipelines may
be recognized and appropriate accident responses provided. The need
for a training program for regional incident management teams shall
also be evaluated.
(3) In consultation with other relevant agencies, the ((chief of
the Washington state patrol)) director of the department of public
safety, through the director of fire protection or his or her deputy,
shall identify the need and means for achieving consistent application
of the national interagency incident management system.
(4) For the purposes of this section, "local first responders"
means police, fire, emergency medical staff, and volunteers.
Sec. 797 RCW 48.50.020 and 2000 c 254 s 1 are each amended to
read as follows:
As used in this chapter the following terms have the meanings
indicated unless the context clearly requires otherwise.
(1) "Authorized agency" means a public agency or its official
representative having legal authority to investigate criminal activity
or the cause of a fire or to initiate criminal proceedings, including
the following persons and agencies:
(a) The ((chief of the Washington state patrol)) director of the
department of public safety and the director of fire protection;
(b) The prosecuting attorney of the county where the criminal
activity occurred;
(c) State, county, and local law enforcement agencies;
(d) The state attorney general;
(e) The Federal Bureau of Investigation, or any other federal law
enforcement agency;
(f) The United States attorney's office; and
(g) The office of the insurance commissioner.
(2) "Insurer" means any insurer, as defined in RCW 48.01.050 and
any self-insurer.
(3) "Relevant information" means information having any tendency to
make the existence of any fact that is of consequence to the
investigation or determination of criminal activity or the cause of any
fire more probable or less probable than it would be without the
information.
Sec. 798 RCW 48.50.040 and 2000 c 254 s 2 are each amended to
read as follows:
(1) When an insurer has reason to believe that a fire loss reported
to the insurer may be of other than accidental cause, the insurer shall
notify the ((chief of the Washington state patrol)) director of the
department of public safety, through the director of fire protection,
in the manner prescribed under RCW 48.05.320 concerning the
circumstances of the fire loss, including any and all relevant material
developed from the insurer's inquiry into the fire loss.
(2) Notification of the ((chief of the Washington state patrol))
director of the department of public safety, through the director of
fire protection, under subsection (1) of this section does not relieve
the insurer of the duty to respond to a request for information from
any other authorized agency and does not bar an insurer from other
reporting under RCW 48.50.030(2).
Sec. 799 RCW 48.53.020 and 1995 c 369 s 38 are each amended to
read as follows:
(1) The ((chief of the Washington state patrol)) director of the
department of public safety, through the director of fire protection,
may designate certain classes of occupancy within a geographic area or
may designate geographic areas as having an abnormally high incidence
of arson. This designation shall not be a valid reason for
cancellation, refusal to issue or renew, modification, or increasing
the premium for any fire insurance policy.
(2) A fire insurance policy may not be issued to insure any
property within a class of occupancy within a geographic area or within
a geographic area designated by the ((chief of the Washington state
patrol)) director of the department of public safety, through the
director of fire protection, as having an abnormally high incidence of
arson until the applicant has submitted an anti-arson application and
the insurer or the insurer's representative has inspected the property.
The application shall be prescribed by the ((chief of the Washington
state patrol)) director of the department of public safety, through the
director of fire protection, and shall contain but not be limited to
the following:
(a) The name and address of the prospective insured and any
mortgagees or other parties having an ownership interest in the
property to be insured;
(b) The amount of insurance requested and the method of valuation
used to establish the amount of insurance;
(c) The dates and selling prices of the property, if any, during
the previous three years;
(d) Fire losses exceeding one thousand dollars during the previous
five years for property in which the prospective insured held an equity
interest or mortgage;
(e) Current corrective orders pertaining to fire, safety, health,
building, or construction codes that have not been complied with within
the time period or any extension of such time period authorized by the
authority issuing such corrective order applicable to the property to
be insured;
(f) Present or anticipated occupancy of the structure, and whether
a certificate of occupancy has been issued;
(g) Signature and title, if any, of the person submitting the
application.
(3) If the facts required to be reported by subsection (2) of this
section materially change, the insured shall notify the insurer of any
such change within fourteen days.
(4) An anti-arson application is not required for: (a) Fire
insurance policies covering one to four-unit owner-occupied residential
dwellings; (b) policies existing as of June 10, 1982; or (c) the
renewal of these policies.
(5) An anti-arson application shall contain a notice stating:
"Designation of a class of occupancy within a geographic area or
geographic areas as having an abnormally high incidence of arson shall
not be a valid reason for cancellation, refusal to issue or renew,
modification, or increasing the premium for any fire insurance policy."
Sec. 800 RCW 48.53.060 and 1995 c 369 s 39 are each amended to
read as follows:
Rules designating geographic areas or classes of occupancy as
having an abnormally high incidence of arson, and any other rules
necessary to implement this chapter shall be adopted by the ((chief of
the Washington state patrol)) director of the department of public
safety, through the director of fire protection, under chapter 34.05
RCW.
Sec. 801 RCW 48.56.030 and 2002 c 227 s 4 are each amended to
read as follows:
(1) No person shall engage in the business of financing insurance
premiums in the state without first having obtained a license as a
premium finance company from the commissioner. Any person who shall
engage in the business of financing insurance premiums in the state
without obtaining a license as provided hereunder shall, upon
conviction, be guilty of a misdemeanor and shall be subject to the
penalties provided in this chapter.
(2)(a) Application to the commissioner for the license shall be
made on forms furnished by the commissioner. As part of, or in
connection with, this application, the applicant and, at the
commissioner's discretion, any or all stockholders, directors,
partners, officers, and employees of the business shall furnish
information concerning his or her identity, including fingerprints for
submission to the Washington ((state patrol)) bureau of investigation,
the federal bureau of investigation, and any governmental agency or
entity authorized to receive this information for a state and national
criminal history background check; personal history; experience;
business records; purposes; and other pertinent information, as the
commissioner may reasonably require.
(b) The annual license fee shall be one hundred dollars. Licenses
may be renewed from year to year as of the first day of May of each
year upon payment of the fee of one hundred dollars. The fee for the
license shall be paid to the insurance commissioner.
(3) The person to whom the license or the renewal may be issued
shall file sworn answers, subject to the penalties of perjury, to such
interrogatories as the commissioner may require. The commissioner
shall have authority, at any time, to require the applicant to disclose
fully the identity of all stockholders, directors, partners, officers,
and employees and may, in his or her discretion, refuse to issue or
renew a license in the name of any firm, partnership, or corporation if
he or she finds that any officer, employee, stockholder, or partner who
may materially influence the applicant's conduct does not meet the
standards of this chapter.
(4) This section shall not apply to any savings and loan
association, bank, trust company, consumer loan company, industrial
loan company or credit union authorized to do business in this state
but RCW 48.56.080 through 48.56.130 and any rules adopted by the
commissioner pertaining to such sections shall be applicable to such
organizations, if otherwise eligible, under all premium finance
transactions wherein an insurance policy, other than a life or
disability insurance policy, or any rights thereunder is made the
security or collateral for the repayment of the debt, however, neither
this section nor the provisions of this chapter shall be applicable to
the inclusion of insurance in a retail installment transaction or to
insurance purchased in connection with a real estate transaction,
mortgage, deed of trust, or other security instrument or an insurance
company authorized to do business in this state unless the insurance
company elects to become a licensee.
(5) If in the process of verifying fingerprints under subsection
(2) of this section, business records, or other information the
commissioner's office incurs fees or charges from another governmental
agency or from a business firm, the amount of the fees or charges shall
be paid to the commissioner's office by the applicant.
Sec. 802 RCW 48.102.015 and 2002 c 227 s 5 are each amended to
read as follows:
(1) The commissioner may suspend, revoke, or refuse to issue or
renew the license of any viatical settlement broker or viatical
settlement provider if the commissioner finds that:
(a) There was any misrepresentation, intentional or otherwise, in
the application for the license or for renewal of a license;
(b) The applicant for, or holder of any such license, is or has
been subject to a final administrative action for being, or is
otherwise shown to be, untrustworthy or incompetent to act as either a
viatical settlement broker or a viatical settlement provider;
(c) The applicant for, or holder of any such license, demonstrates
a pattern of unreasonable payments to viators;
(d) The applicant for, or holder of any such license, has been
convicted of a felony or of any criminal misdemeanor of which criminal
fraud is an element; or
(e) The applicant for, or holder of any such license, has violated
any provision of this title.
(2) The commissioner may require an applicant or the holder of any
license issued under this chapter to supply current information on the
identity or capacity of stockholders, partners, officers, and
employees, including but not limited to the following: Fingerprints,
personal history, business experience, business records, and any other
information which the commissioner may require. If required, the
applicant or licensee shall furnish his or her fingerprints for
submission to the Washington ((state patrol)) bureau of investigation,
the federal bureau of investigation, and any governmental agency or
entity authorized to receive this information for a state and national
criminal history background check.
(3) Before the commissioner suspends or revokes any license issued
under this chapter, the commissioner shall conduct a hearing, if the
applicant or licensee requests this in writing. The hearing shall be
in accordance with chapters 34.05 and 48.04 RCW.
(4) After a hearing or with the consent of any party licensed under
this chapter and in addition to or in lieu of the suspension,
revocation, or refusal to renew any license under this chapter, the
commissioner may levy a fine upon the viatical settlement provider in
an amount not more than ten thousand dollars, for each violation of
this chapter. The order levying the fine shall specify the period
within which the fine shall be fully paid, and that period shall not be
less than fifteen nor more than thirty days from the date of the order.
Upon failure to pay the fine when due, the commissioner may revoke the
license if not already revoked, and the fine may be recovered in a
civil action brought in behalf of the commissioner by the attorney
general. Any fine so collected shall be deposited into the general
fund.
(5) If in the process of verifying fingerprints under subsection
(2) of this section, business records, or other information the
commissioner's office incurs fees or charges from another governmental
agency or from a business firm, the amount of the fees or charges shall
be paid to the commissioner's office by the applicant or licensee.
Sec. 803 RCW 48.125.050 and 2004 c 260 s 7 are each amended to
read as follows:
A self-funded multiple employer welfare arrangement must apply for
a certificate of authority on a form prescribed by the commissioner and
must submit the application, together with the following documents, to
the commissioner:
(1) A copy of all articles, bylaws, agreements, trusts, or other
documents or instruments describing the rights and obligations of the
employers, employees, and beneficiaries of the arrangement;
(2) A copy of the summary plan description or summary plan
descriptions of the arrangement, including those filed or required to
be filed with the United States department of labor, together with any
amendments to the description;
(3) Evidence of coverage of or letters of intent to participate
executed by at least twenty employers providing allowable benefits to
at least seventy-five employees;
(4) A copy of the arrangement's most recent year's financial
statements that must include, at a minimum, a balance sheet, an income
statement, a statement of changes in financial position, and an
actuarial opinion signed by a qualified actuary stating that the unpaid
claim liability of the arrangement satisfies the standards under this
title;
(5) Proof that the arrangement maintains or will maintain fidelity
bonds required by the United States department of labor under the
employee retirement income security act of 1974, 29 U.S.C. Sec. 1001 et
seq.;
(6) A copy of any excess of loss insurance coverage policies
maintained or proposed to be maintained by the arrangement;
(7) Biographical reports on forms prescribed by the national
association of insurance commissioners evidencing the general
trustworthiness and competence of each individual who is serving or who
will serve as an officer, director, trustee, employee, or fiduciary of
the arrangement;
(8) Fingerprint cards and current fees payable to the Washington
((state patrol)) bureau of investigation to perform a state and
national criminal history background check of any person who exercises
control over the financial dealings and operations of the self-funded
multiple employer welfare arrangement, including collection of employer
contributions, investment of assets, payment of claims, rate setting,
and claims adjudication. The fingerprints and any additional
information may be submitted to the federal bureau of investigation and
any results of the check must be returned to the office of the
insurance commissioner. The results may be disseminated to any
governmental agency or entity authorized to receive them; and
(9) A statement executed by a representative of the arrangement
certifying, to the best knowledge and belief of the representative,
that:
(a) The arrangement is in compliance with RCW 48.125.030;
(b) The arrangement is in compliance with the requirements of the
employee retirement income security act of 1974, 29 U.S.C. Sec. 1001 et
seq., or a statement of any requirements with which the arrangement is
not in compliance and a statement of proposed corrective actions; and
(c) The arrangement is in compliance with RCW 48.125.060 and
48.125.070.
Sec. 804 RCW 63.35.010 and 1989 c 222 s 1 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Agency" means the ((Washington state patrol)) department of
public safety.
(2) (("Chief")) "Director" means the ((chief)) director of the
((Washington state patrol)) department of public safety or the
director's designee.
(3) "Personal property" or "property" includes both corporeal and
incorporeal personal property and includes, among other property,
contraband and money.
(4) "Contraband" means any property which is unlawful to produce or
possess.
(5) "Money" means all currency, script, personal checks, money
orders, or other negotiable instruments.
(6) "Owner" means the person in whom is vested the ownership,
dominion, or title of the property.
(7) "Unclaimed" means that no owner of the property has been
identified or has requested, in writing, the release of the property to
themselves nor has the owner of the property designated an individual
to receive the property or paid the required postage to effect delivery
of the property.
(8) "Illegal items" means those items unlawful to be possessed.
Sec. 805 RCW 63.35.020 and 1989 c 222 s 2 are each amended to
read as follows:
Whenever any personal property shall come into the possession of
the officers or agents of the ((state patrol)) department of public
safety in connection with the official performance of their duties and
said personal property shall remain unclaimed or not taken away for a
period of sixty days from the date of written notice to the owner
thereof, if known, which notice shall inform the owner of the
disposition which may be made of the property under this section and
the time that the owner has to claim the property and in all other
cases for a period of sixty days from the time said property came into
the possession of the state agency, unless said property has been held
as evidence in any court, then, in that event, after sixty days from
date when said case has been finally disposed of and said property
released as evidence by order of the court, said agency may:
(1) At any time thereafter sell said personal property at public
auction to the highest and best bidder for cash in the manner
hereinafter provided;
(2) Retain the property for the use of the ((state patrol))
department of public safety subject to giving notice in the manner
prescribed in RCW 63.35.030 and the right of the owner, or the owner's
legal representative, to reclaim the property within one year after
receipt of notice, without compensation for ordinary wear and tear if,
in the opinion of the ((chief)) director, the property consists of
firearms or other items specifically usable in law enforcement work:
PROVIDED, That at the end of each calendar year during which there has
been such a retention, the ((state patrol)) department of public safety
shall provide the office of financial management and retain for public
inspection a list of such retained items and an estimation of each
item's replacement value;
(3) Destroy an item of personal property at the discretion of the
((chief)) director if the ((chief)) director determines that the
following circumstances have occurred:
(a) The property has no substantial commercial value, or the
probable cost of sale exceeds the value of the property;
(b) The item has been unclaimed by any person after notice
procedures have been met, as prescribed in this section; and
(c) The ((chief)) director has determined that the item is illegal
to possess or sell or unsafe and unable to be made safe for use by any
member of the general public;
(4) If the item is not unsafe or illegal to possess or sell, such
item, after satisfying the notice requirements as prescribed in this
section may be offered by the ((chief)) director to bona fide dealers,
in trade for law enforcement equipment, which equipment shall be
treated as retained property for purpose of annual listing requirements
of subsection (2) of this section; or
(5) At the end of one year, any unclaimed firearm shall be disposed
of pursuant to RCW 9.41.098(2). Any other item which is not unsafe or
illegal to possess or sell, but has been, or may be used, in the
judgment of the ((chief)) director, in a manner that is illegal, may be
destroyed.
Sec. 806 RCW 63.35.060 and 1989 c 222 s 6 are each amended to
read as follows:
(1) Chapter 63.24 RCW, unclaimed property in hands of bailee, does
not apply to personal property in the possession of the ((state
patrol)) department of public safety.
(2) The uniform unclaimed property act, chapter 63.29 RCW, does not
apply to personal property in the possession of the ((state patrol))
department of public safety.
Sec. 807 RCW 66.08.030 and 2002 c 119 s 2 are each amended to
read as follows:
(1) For the purpose of carrying into effect the provisions of this
title according to their true intent or of supplying any deficiency
therein, the board may make such ((regulations)) rules not inconsistent
with the spirit of this title as are deemed necessary or advisable.
All ((regulations)) rules so made shall be a public record and shall be
filed in the office of the code reviser, and thereupon shall have the
same force and effect as if incorporated in this title. Such
((regulations)) rules, together with a copy of this title, shall be
published in pamphlets and shall be distributed as directed by the
board.
(2) Without thereby limiting the generality of the provisions
contained in subsection (1), it is declared that the power of the board
to make ((regulations)) rules in the manner set out in that subsection
shall extend to:
(a) Regulating the equipment and management of stores and
warehouses in which state liquor is sold or kept, and prescribing the
books and records to be kept therein and the reports to be made thereon
to the board;
(b) Prescribing the duties of the employees of the board, and
regulating their conduct in the discharge of their duties;
(c) Governing the purchase of liquor by the state and the
furnishing of liquor to stores established under this title;
(d) Determining the classes, varieties, and brands of liquor to be
kept for sale at any store;
(e) Prescribing, subject to RCW 66.16.080, the hours during which
the state liquor stores shall be kept open for the sale of liquor;
(f) Providing for the issuing and distributing of price lists
showing the price to be paid by purchasers for each variety of liquor
kept for sale under this title;
(g) Prescribing an official seal and official labels and stamps and
determining the manner in which they shall be attached to every package
of liquor sold or sealed under this title, including the prescribing of
different official seals or different official labels for different
classes of liquor;
(h) Providing for the payment by the board in whole or in part of
the carrying charges on liquor shipped by freight or express;
(i) Prescribing forms to be used for purposes of this title or the
((regulations)) rules, and the terms and conditions to be contained in
permits and licenses issued under this title, and the qualifications
for receiving a permit or license issued under this title, including a
criminal history record information check. The board may submit the
criminal history record information check to the Washington ((state
patrol)) bureau of investigation and to the identification division of
the federal bureau of investigation in order that these agencies may
search their records for prior arrests and convictions of the
individual or individuals who filled out the forms. The board shall
require fingerprinting of any applicant whose criminal history record
information check is submitted to the federal bureau of investigation;
(j) Prescribing the fees payable in respect of permits and licenses
issued under this title for which no fees are prescribed in this title,
and prescribing the fees for anything done or permitted to be done
under the regulations;
(k) Prescribing the kinds and quantities of liquor which may be
kept on hand by the holder of a special permit for the purposes named
in the permit, regulating the manner in which the same shall be kept
and disposed of, and providing for the inspection of the same at any
time at the instance of the board;
(l) Regulating the sale of liquor kept by the holders of licenses
which entitle the holder to purchase and keep liquor for sale;
(m) Prescribing the records of purchases or sales of liquor kept by
the holders of licenses, and the reports to be made thereon to the
board, and providing for inspection of the records so kept;
(n) Prescribing the kinds and quantities of liquor for which a
prescription may be given, and the number of prescriptions which may be
given to the same patient within a stated period;
(o) Prescribing the manner of giving and serving notices required
by this title or the ((regulations)) rules, where not otherwise
provided for in this title;
(p) Regulating premises in which liquor is kept for export from the
state, or from which liquor is exported, prescribing the books and
records to be kept therein and the reports to be made thereon to the
board, and providing for the inspection of the premises and the books,
records and the liquor so kept;
(q) Prescribing the conditions and qualifications requisite for the
obtaining of club licenses and the books and records to be kept and the
returns to be made by clubs, prescribing the manner of licensing clubs
in any municipality or other locality, and providing for the inspection
of clubs;
(r) Prescribing the conditions, accommodations, and qualifications
requisite for the obtaining of licenses to sell beer and wines, and
regulating the sale of beer and wines thereunder;
(s) Specifying and regulating the time and periods when, and the
manner, methods, and means by which manufacturers shall deliver liquor
within the state; and the time and periods when, and the manner,
methods, and means by which liquor may lawfully be conveyed or carried
within the state;
(t) Providing for the making of returns by brewers of their sales
of beer shipped within the state, or from the state, showing the gross
amount of such sales and providing for the inspection of brewers' books
and records, and for the checking of the accuracy of any such returns;
(u) Providing for the making of returns by the wholesalers of beer
whose breweries are located beyond the boundaries of the state;
(v) Providing for the making of returns by any other liquor
manufacturers, showing the gross amount of liquor produced or
purchased, the amount sold within and exported from the state, and to
whom so sold or exported, and providing for the inspection of the
premises of any such liquor manufacturers, their books and records, and
for the checking of any such return;
(w) Providing for the giving of fidelity bonds by any or all of the
employees of the board: PROVIDED, That the premiums therefor shall be
paid by the board;
(x) Providing for the shipment by mail or common carrier of liquor
to any person holding a permit and residing in any unit which has, by
election pursuant to this title, prohibited the sale of liquor therein;
(y) Prescribing methods of manufacture, conditions of sanitation,
standards of ingredients, quality and identity of alcoholic beverages
manufactured, sold, bottled, or handled by licensees and the board; and
conducting from time to time, in the interest of the public health and
general welfare, scientific studies and research relating to alcoholic
beverages and the use and effect thereof;
(z) Seizing, confiscating and destroying all alcoholic beverages
manufactured, sold, or offered for sale within this state which do not
conform in all respects to the standards prescribed by this title or
the ((regulations)) rules of the board: PROVIDED, Nothing herein
contained shall be construed as authorizing the liquor board to
prescribe, alter, limit or in any way change the present law as to the
quantity or percentage of alcohol used in the manufacturing of wine or
other alcoholic beverages.
Sec. 808 RCW 66.24.010 and 2004 c 133 s 1 are each amended to
read as follows:
(1) Every license shall be issued in the name of the applicant, and
the holder thereof shall not allow any other person to use the license.
(2) For the purpose of considering any application for a license,
the board may cause an inspection of the premises to be made, and may
inquire into all matters in connection with the construction and
operation of the premises. For the purpose of reviewing any
application for a license and for considering the denial, suspension or
revocation of any license, the liquor control board may consider any
prior criminal conduct of the applicant including a criminal history
record information check. The board may submit the criminal history
record information check to the Washington ((state patrol)) bureau of
investigation and to the identification division of the federal bureau
of investigation in order that these agencies may search their records
for prior arrests and convictions of the individual or individuals who
filled out the forms. The board shall require fingerprinting of any
applicant whose criminal history record information check is submitted
to the federal bureau of investigation. The provisions of RCW 9.95.240
and of chapter 9.96A RCW shall not apply to such cases. The board may,
in its discretion, grant or refuse the license applied for. Authority
to approve an uncontested or unopposed license may be granted by the
board to any staff member the board designates in writing. Conditions
for granting such authority shall be adopted by rule. No retail
license of any kind may be issued to:
(a) A person who has not resided in the state for at least one
month prior to making application, except in cases of licenses issued
to dining places on railroads, boats, or aircraft;
(b) A copartnership, unless all of the members thereof are
qualified to obtain a license, as provided in this section;
(c) A person whose place of business is conducted by a manager or
agent, unless such manager or agent possesses the same qualifications
required of the licensee;
(d) A corporation or a limited liability company, unless it was
created under the laws of the state of Washington or holds a
certificate of authority to transact business in the state of
Washington.
(3)(a) The board may, in its discretion, subject to the provisions
of RCW 66.08.150, suspend or cancel any license; and all rights of the
licensee to keep or sell liquor thereunder shall be suspended or
terminated, as the case may be.
(b) The board shall immediately suspend the license or certificate
of a person who has been certified pursuant to RCW 74.20A.320 by the
department of social and health services as a person who is not in
compliance with a support order. If the person has continued to meet
all other requirements for reinstatement during the suspension,
reissuance of the license or certificate shall be automatic upon the
board's receipt of a release issued by the department of social and
health services stating that the licensee is in compliance with the
order.
(c) The board may request the appointment of administrative law
judges under chapter 34.12 RCW who shall have power to administer
oaths, issue subpoenas for the attendance of witnesses and the
production of papers, books, accounts, documents, and testimony,
examine witnesses, and to receive testimony in any inquiry,
investigation, hearing, or proceeding in any part of the state, under
such rules and regulations as the board may adopt.
(d) Witnesses shall be allowed fees and mileage each way to and
from any such inquiry, investigation, hearing, or proceeding at the
rate authorized by RCW 34.05.446, as now or hereafter amended. Fees
need not be paid in advance of appearance of witnesses to testify or to
produce books, records, or other legal evidence.
(e) In case of disobedience of any person to comply with the order
of the board or a subpoena issued by the board, or any of its members,
or administrative law judges, or on the refusal of a witness to testify
to any matter regarding which he or she may be lawfully interrogated,
the judge of the superior court of the county in which the person
resides, on application of any member of the board or administrative
law judge, shall compel obedience by contempt proceedings, as in the
case of disobedience of the requirements of a subpoena issued from said
court or a refusal to testify therein.
(4) Upon receipt of notice of the suspension or cancellation of a
license, the licensee shall forthwith deliver up the license to the
board. Where the license has been suspended only, the board shall
return the license to the licensee at the expiration or termination of
the period of suspension. The board shall notify all vendors in the
city or place where the licensee has its premises of the suspension or
cancellation of the license; and no employee may allow or cause any
liquor to be delivered to or for any person at the premises of that
licensee.
(5)(a) At the time of the original issuance of a spirits, beer, and
wine restaurant license, the board shall prorate the license fee
charged to the new licensee according to the number of calendar
quarters, or portion thereof, remaining until the first renewal of that
license is required.
(b) Unless sooner canceled, every license issued by the board shall
expire at midnight of the thirtieth day of June of the fiscal year for
which it was issued. However, if the board deems it feasible and
desirable to do so, it may establish, by rule pursuant to chapter 34.05
RCW, a system for staggering the annual renewal dates for any and all
licenses authorized by this chapter. If such a system of staggered
annual renewal dates is established by the board, the license fees
provided by this chapter shall be appropriately prorated during the
first year that the system is in effect.
(6) Every license issued under this section shall be subject to all
conditions and restrictions imposed by this title or by the regulations
in force from time to time. All conditions and restrictions imposed by
the board in the issuance of an individual license shall be listed on
the face of the individual license along with the trade name, address,
and expiration date.
(7) Every licensee shall post and keep posted its license, or
licenses, in a conspicuous place on the premises.
(8)(a) Unless (b) of this subsection applies, before the board
issues a license to an applicant it shall give notice of such
application to the chief executive officer of the incorporated city or
town, if the application is for a license within an incorporated city
or town, or to the county legislative authority, if the application is
for a license outside the boundaries of incorporated cities or towns.
(b) If the application for a special occasion license is for an
event held during a county, district, or area fair as defined by RCW
15.76.120, and the county, district, or area fair is located on
property owned by the county but located within an incorporated city or
town, the county legislative authority shall be the entity notified by
the board under (a) of this subsection. The board shall send a
duplicate notice to the incorporated city or town within which the fair
is located.
(c) The incorporated city or town through the official or employee
selected by it, or the county legislative authority or the official or
employee selected by it, shall have the right to file with the board
within twenty days after date of transmittal of such notice, written
objections against the applicant or against the premises for which the
license is asked.
(d) The written objections shall include a statement of all facts
upon which such objections are based, and in case written objections
are filed, may request and the liquor control board may in its
discretion hold a formal hearing subject to the applicable provisions
of Title 34 RCW.
(e) Upon the granting of a license under this title the board shall
send a duplicate of the license or written notification to the chief
executive officer of the incorporated city or town in which the license
is granted, or to the county legislative authority if the license is
granted outside the boundaries of incorporated cities or towns. When
the license is for a special occasion license for an event held during
a county, district, or area fair as defined by RCW 15.76.120, and the
county, district, or area fair is located on county-owned property but
located within an incorporated city or town, the duplicate shall be
sent to both the incorporated city or town and the county legislative
authority.
(9) Before the board issues any license to any applicant, it shall
give (a) due consideration to the location of the business to be
conducted under such license with respect to the proximity of churches,
schools, and public institutions and (b) written notice by certified
mail of the application to churches, schools, and public institutions
within five hundred feet of the premises to be licensed. The board
shall issue no beer retailer license for either on-premises or off-premises consumption or wine retailer license for either on-premises or
off-premises consumption or spirits, beer, and wine restaurant license
covering any premises not now licensed, if such premises are within
five hundred feet of the premises of any tax-supported public
elementary or secondary school measured along the most direct route
over or across established public walks, streets, or other public
passageway from the outer property line of the school grounds to the
nearest public entrance of the premises proposed for license, and if,
after receipt by the school or public institution of the notice as
provided in this subsection, the board receives written notice, within
twenty days after posting such notice, from an official representative
or representatives of the school within five hundred feet of said
proposed licensed premises, indicating to the board that there is an
objection to the issuance of such license because of proximity to a
school. For the purpose of this section, church shall mean a building
erected for and used exclusively for religious worship and schooling or
other activity in connection therewith. No liquor license may be
issued or reissued by the board to any motor sports facility or
licensee operating within the motor sports facility unless the motor
sports facility enforces a program reasonably calculated to prevent
alcohol or alcoholic beverages not purchased within the facility from
entering the facility and such program is approved by local law
enforcement agencies. It is the intent under this subsection that a
retail license shall not be issued by the board where doing so would,
in the judgment of the board, adversely affect a private school meeting
the requirements for private schools under Title 28A RCW, which school
is within five hundred feet of the proposed licensee. The board shall
fully consider and give substantial weight to objections filed by
private schools. If a license is issued despite the proximity of a
private school, the board shall state in a letter addressed to the
private school the board's reasons for issuing the license.
(10) The restrictions set forth in subsection (9) of this section
shall not prohibit the board from authorizing the assumption of
existing licenses now located within the restricted area by other
persons or licenses or relocations of existing licensed premises within
the restricted area. In no case may the licensed premises be moved
closer to a church or school than it was before the assumption or
relocation.
(11) Nothing in this section prohibits the board, in its
discretion, from issuing a temporary retail or distributor license to
an applicant assuming an existing retail or distributor license to
continue the operation of the retail or distributor premises during the
period the application for the license is pending and when the
following conditions exist:
(a) The licensed premises has been operated under a retail or
distributor license within ninety days of the date of filing the
application for a temporary license;
(b) The retail or distributor license for the premises has been
surrendered pursuant to issuance of a temporary operating license;
(c) The applicant for the temporary license has filed with the
board an application to assume the retail or distributor license at
such premises to himself or herself; and
(d) The application for a temporary license is accompanied by a
temporary license fee established by the board by rule.
A temporary license issued by the board under this section shall be
for a period not to exceed sixty days. A temporary license may be
extended at the discretion of the board for an additional sixty-day
period upon payment of an additional fee and upon compliance with all
conditions required in this section.
Refusal by the board to issue or extend a temporary license shall
not entitle the applicant to request a hearing. A temporary license
may be canceled or suspended summarily at any time if the board
determines that good cause for cancellation or suspension exists. RCW
66.08.130 and chapter 34.05 RCW shall apply to temporary licenses.
Application for a temporary license shall be on such form as the
board shall prescribe. If an application for a temporary license is
withdrawn before issuance or is refused by the board, the fee which
accompanied such application shall be refunded in full.
Sec. 809 RCW 66.24.025 and 2002 c 119 s 4 are each amended to
read as follows:
(1) If the board approves, a license may be transferred, without
charge, to the surviving spouse only of a deceased licensee if the
parties were maintaining a marital community and the license was issued
in the names of one or both of the parties. For the purpose of
considering the qualifications of the surviving party or parties to
receive a liquor license, the liquor control board may require a
criminal history record information check. The board may submit the
criminal history record information check to the Washington ((state
patrol)) bureau of investigation and to the identification division of
the federal bureau of investigation in order that these agencies may
search their records for prior arrests and convictions of the
individual or individuals who filled out the forms. The board shall
require fingerprinting of any applicant whose criminal history record
information check is submitted to the federal bureau of investigation.
(2) The proposed sale of more than ten percent of the outstanding
and/or issued stock of a licensed corporation or any proposed change in
the officers of a licensed corporation must be reported to the board,
and board approval must be obtained before such changes are made. A
fee of seventy-five dollars will be charged for the processing of such
change of stock ownership and/or corporate officers.
Sec. 810 RCW 66.32.090 and 1993 c 26 s 2 are each amended to read
as follows:
In every case in which liquor is seized by a sheriff or deputy of
any county or by a police officer of any municipality or by a member of
the Washington state patrol or the Washington bureau of investigation,
or any other authorized peace officer or inspector, it shall be the
duty of the sheriff or deputy of any county, or chief of police of the
municipality, or the chief of the Washington state patrol, or the
director of the Washington bureau of investigation, as the case may be,
to forthwith report in writing to the board of particulars of such
seizure.
Sec. 811 RCW 68.50.107 and 1999 c 281 s 13 and 1999 c 40 s 8 are
each reenacted and amended to read as follows:
There shall be established in conjunction with the ((chief of the
Washington state patrol)) director of the Washington bureau of
investigation and under the authority of the state forensic
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. The state forensic
investigations council, after consulting with the ((chief)) director of
the Washington ((state patrol)) bureau of investigation and director of
the ((bureau of)) forensic laboratory services division, shall appoint
a toxicologist as state toxicologist, who shall report to the director
of the ((bureau of)) forensic laboratory services division and the
office of the ((chief)) director of the Washington ((state patrol))
bureau of investigation. Toxicological services shall be funded by
disbursement from the spirits, beer, and wine restaurant; spirits,
beer, and wine private club; and sports entertainment facility 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. 812 RCW 68.50.310 and 1987 c 331 s 65 are each amended to
read as follows:
A dental identification system is established in the identification
section of the Washington ((state patrol)) bureau of investigation.
The dental identification system shall act as a repository or computer
center or both for dental examination records and it shall be
responsible for comparing such records with dental records filed under
RCW 68.50.330. It shall also determine which scoring probabilities are
the highest for purposes of identification and shall submit such
information to the coroner or medical examiner who prepared and
forwarded the dental examination records. Once the dental
identification system is established, operating funds shall come from
the state general fund.
Sec. 813 RCW 68.50.320 and 2001 c 223 s 1 are each amended to
read as follows:
When a person reported missing has not been found within thirty
days of the report, the sheriff, chief of police, county coroner or
county medical examiner, or other law enforcement authority initiating
and conducting the investigation for the missing person shall ask the
missing person's family or next of kin to give written consent to
contact the dentist or dentists of the missing person and request the
person's dental records.
When a person reported missing has not been found within thirty
days, the sheriff, chief of police, or other law enforcement authority
initiating and conducting the investigation for the missing person
shall confer with the county coroner or medical examiner prior to the
preparation of a missing person's report. After conferring with the
coroner or medical examiner, the sheriff, chief of police, or other law
enforcement authority shall submit a missing person's report and the
dental records received under this section to the dental identification
system of the ((state patrol)) Washington bureau of investigation
identification, child abuse, vulnerable adult abuse, and criminal
history section on forms supplied by the ((state patrol)) Washington
bureau of investigation for such purpose.
When a person reported missing has been found, the sheriff, chief
of police, coroner or medical examiner, or other law enforcement
authority shall report such information to the ((state patrol))
Washington bureau of investigation.
The dental identification system shall maintain a file of
information regarding persons reported to it as missing. The file
shall contain the information referred to in this section and such
other information as the ((state patrol)) Washington bureau of
investigation finds relevant to assist in the location of a missing
person.
The files of the dental identification system shall, upon request,
be made available to law enforcement agencies attempting to locate
missing persons.
Sec. 814 RCW 68.50.330 and 2001 c 172 s 1 are each amended to
read as follows:
If the county coroner or county medical examiner investigating a
death is unable to establish the identity of a body or human remains by
visual means, fingerprints, or other identifying data, he or she shall
have a qualified dentist, as determined by the county coroner or county
medical examiner, carry out a dental examination of the body or human
remains. If the county coroner or county medical examiner with the aid
of the dental examination and other identifying findings is still
unable to establish the identity of the body or human remains, he or
she shall prepare and forward such dental examination records within
thirty days of the date the body or human remains were found to the
dental identification system of the ((state patrol)) Washington bureau
of investigation identification, child abuse, vulnerable adult abuse,
and criminal history section on forms supplied by the ((state patrol))
Washington bureau of investigation for such purposes.
The dental identification system shall act as a repository or
computer center or both with respect to such dental examination
records. It shall compare such dental examination records with dental
records filed with it and shall determine which scoring probabilities
are the highest for the purposes of identification. It shall then
submit such information to the county coroner or county medical
examiner who prepared and forwarded the dental examination records.
Sec. 815 RCW 69.43.170 and 2005 c 388 s 8 are each amended to
read as follows:
(1) The state board of pharmacy, using procedures under chapter
34.05 RCW, shall implement and conduct a statewide pilot project
requiring the collection and maintenance of written or electronic logs
or other alternative means of recording retail transactions involving
ephedrine, pseudoephedrine, or phenylpropanolamine. The rules
implementing the pilot project shall be in place by January 1, 2006.
(2) The pilot project shall be designed to address:
(a) Whether a log or other means of recording a transaction is an
effective law enforcement tool;
(b) What information is needed to make logs or other means of
recording a transaction useful as a deterrent to criminal activity;
(c) The most effective method of obtaining, recording, and storing
log or other electronic data in the least intrusive manner available;
(d) How long the information recorded in the logs or other means of
recording a transaction should be maintained; and
(e) How logs or other means of recording a transaction can be most
effectively transmitted to law enforcement and the state board of
pharmacy.
(3) The board shall convene a work group to evaluate the data
collected during the pilot project. The work group shall consist of:
(a) One representative from law enforcement appointed by the
Washington association of sheriffs and police chiefs;
(b) One representative from the Washington ((state patrol)) bureau
of investigation;
(c) One representative appointed by the Washington association of
prosecuting attorneys;
(d) One representative appointed by the office of the attorney
general;
(e) One representative appointed by the state board of pharmacy;
and
(f) Two representatives from the retail industry.
(4) The state board of pharmacy shall begin data collection for the
pilot project no later than January 1, 2006, and report to the
legislature no later than November 1, 2007, regarding the findings of
the work group along with any recommendations or proposed legislation.
(5) Any orders and rules adopted under this section not in conflict
with state law continue in effect until modified, superseded, or
repealed. The board may implement rule changes based upon the results
of the pilot project and recommendations of the work group.
(6)(a) The records required by this section are for the
confidential use of the pharmacy, shopkeeper, or itinerant vendor,
except that:
(i) Every pharmacy, shopkeeper, or itinerant vendor shall produce
the records in court whenever lawfully required to do so;
(ii) The records shall be open for inspection by the board of
pharmacy; and
(iii) The records shall be open for inspection by any general or
limited authority Washington peace officer to enforce the provisions of
this chapter.
(b) A person violating this subsection is guilty of a misdemeanor.
Sec. 816 RCW 69.43.180 and 2005 c 388 s 3 are each amended to
read as follows:
(1) The Washington association of sheriffs and police chiefs or the
Washington ((state patrol)) bureau of investigation may petition the
state board of pharmacy to apply the log requirements in RCW 69.43.170
to one or more products that contain ephedrine, pseudoephedrine, or
phenylpropanolamine, or their salts, isomers, or salts of isomers, that
is not the only active ingredient and that is in liquid, liquid
capsule, or gel capsule form. The petition shall establish that:
(a) Ephedrine, pseudoephedrine, or phenylpropanolamine can be
effectively extracted from the product and converted into
methamphetamine or another controlled dangerous substance; and
(b) Law enforcement, the Washington ((state patrol)) bureau of
investigation, or the department of ecology are finding substantial
evidence that the product is being used for the illegal manufacture of
methamphetamine or another controlled dangerous substance.
(2) The board of pharmacy shall adopt rules when a petition
establishes that requiring the application of the log requirements in
RCW 69.43.170 to the sale of the product at retail is warranted based
upon the effectiveness and extent of use of the product for the illegal
manufacture of methamphetamine or other controlled dangerous substances
and the extent of the burden of any restrictions upon consumers. The
board of pharmacy may adopt emergency rules to apply the log
requirements to the sale of a product when the petition establishes
that the immediate restriction of the product is necessary in order to
protect public health and safety.
Sec. 817 RCW 70.41.080 and 2004 c 261 s 3 are each amended to
read as follows:
Standards for fire protection and the enforcement thereof, with
respect to all hospitals to be licensed hereunder shall be the
responsibility of the ((chief)) director of the ((Washington state
patrol)) department of public safety, through the director of fire
protection, who shall adopt, after approval by the department, such
recognized standards as may be applicable to hospitals for the
protection of life against the cause and spread of fire and fire
hazards. Such standards shall be consistent with the standards adopted
by the federal centers for medicare and medicaid services for hospitals
that care for medicare or medicaid beneficiaries. The department upon
receipt of an application for a license, shall submit to the director
of fire protection in writing, a request for an inspection, giving the
applicant's name and the location of the premises to be licensed. Upon
receipt of such a request, the ((chief)) director of the ((Washington
state patrol)) department of public safety, through the director of
fire protection, or his or her deputy, shall make an inspection of the
hospital to be licensed, and if it is found that the premises do not
comply with the required safety standards and fire regulations as
adopted pursuant to this chapter, he or she shall promptly make a
written report to the hospital and to the department listing the
corrective actions required and the time allowed for accomplishing such
corrections. The applicant or licensee shall notify the ((chief))
director of the ((Washington state patrol)) department of public
safety, through the director of fire protection, upon completion of any
corrections required by him or her, and the ((chief)) director of the
((Washington state patrol)) department of public safety, through the
director of fire protection, or his or her deputy, shall make a
reinspection of such premises. Whenever the hospital to be licensed
meets with the approval of the ((chief)) director of the ((Washington
state patrol)) department of public safety, through the director of
fire protection, he or she shall submit to the department a written
report approving the hospital with respect to fire protection, and such
report is required before a full license can be issued. The ((chief))
director of the ((Washington state patrol)) department of public
safety, through the director of fire protection, shall make or cause to
be made inspections of such hospitals at least once a year.
In cities which have in force a comprehensive building code, the
provisions of which are determined by the ((chief)) director of the
((Washington state patrol)) department of public safety, through the
director of fire protection, to be equal to the minimum standards of
the code for hospitals adopted by the ((chief)) director of the
((Washington state patrol)) department of public safety, through the
director of fire protection, the chief of the fire department, provided
the latter is a paid chief of a paid fire department, shall make the
inspection with the ((chief)) director of the ((Washington state
patrol)) department of public safety, through the director of fire
protection, or his or her deputy and they shall jointly approve the
premises before a full license can be issued.
Sec. 818 RCW 70.74.191 and 2002 c 370 s 2 are each amended to
read as follows:
The laws contained in this chapter and ((regulations)) rules
prescribed by the department of labor and industries pursuant to this
chapter shall not apply to:
(1) Explosives or blasting agents in the course of transportation
by way of railroad, water, highway, or air under the jurisdiction of,
and in conformity with, regulations adopted by the federal department
of transportation, and rules adopted by the Washington state utilities
and transportation commission((,)) and the ((Washington state patrol))
department of public safety;
(2) The laboratories of schools, colleges, and similar institutions
if confined to the purpose of instruction or research and if not
exceeding the quantity of one pound;
(3) Explosives in the forms prescribed by the official United
States Pharmacopoeia;
(4) The transportation, storage, and use of explosives or blasting
agents in the normal and emergency operations of United States agencies
and departments including the regular United States military
departments on military reservations; arsenals, navy yards, depots, or
other establishments owned by, operated by, or on behalf of, the United
States; or the duly authorized militia of any state; or to emergency
operations of any state department or agency, any police, or any
municipality or county;
(5) A hazardous devices technician when carrying out normal and
emergency operations, handling evidence, and operating and maintaining
a specially designed emergency response vehicle that carries no more
than ten pounds of explosive material or when conducting training and
whose employer possesses the minimum safety equipment prescribed by the
federal bureau of investigation for hazardous devices work. For
purposes of this section, a hazardous devices technician is a person
who is a graduate of the federal bureau of investigation hazardous
devices school and who is employed by a state, county, or municipality;
(6) The importation, sale, possession, and use of fireworks as
defined in chapter 70.77 RCW, signaling devices, flares, fuses, and
torpedoes;
(7) The transportation, storage, and use of explosives or blasting
agents in the normal and emergency avalanche control procedures as
conducted by trained and licensed ski area operator personnel.
However, the storage, transportation, and use of explosives and
blasting agents for such use shall meet the requirements of regulations
adopted by the director of labor and industries;
(8) The storage of consumer fireworks as defined in chapter 70.77
RCW pursuant to a forfeiture or seizure under chapter 70.77 RCW by the
((chief)) director of the ((Washington state patrol)) department of
public safety, through the director of fire protection, or his or her
deputy, or by state agencies or local governments having general law
enforcement authority; and
(9) Any violation under this chapter if any existing ordinance of
any city, municipality, or county is more stringent than this chapter.
Sec. 819 RCW 70.74.360 and 1988 c 198 s 3 are each amended to
read as follows:
(1) The director of labor and industries shall require, as a
condition precedent to the original issuance or renewal of any
explosive license, fingerprinting and criminal history record
information checks of every applicant. In the case of a corporation,
fingerprinting and criminal history record information checks shall be
required for the management officials directly responsible for the
operations where explosives are used if such persons have not
previously had their fingerprints recorded with the department of labor
and industries. In the case of a partnership, fingerprinting and
criminal history record information checks shall required of all
general partners. Such fingerprints as are required by the department
of labor and industries shall be submitted on forms provided by the
department to the identification section of the Washington ((state
patrol)) bureau of investigation and to the identification division of
the federal bureau of investigation in order that these agencies may
search their records for prior convictions of the individuals
fingerprinted. The Washington ((state patrol)) bureau of investigation
shall provide to the director of labor and industries such criminal
record information as the director may request. The applicant shall
give full cooperation to the department of labor and industries and
shall assist the department of labor and industries in all aspects of
the fingerprinting and criminal history record information check. The
applicant may be required to pay a fee not to exceed twenty dollars to
the agency that performs the fingerprinting and criminal history
process.
(2) The director of labor and industries shall not issue a license
to manufacture, purchase, store, use, or deal with explosives to:
(a) Any person under twenty-one years of age;
(b) Any person whose license is suspended or whose license has been
revoked, except as provided in RCW 70.74.370;
(c) Any person who has been convicted in this state or elsewhere of
a violent offense as defined in RCW 9.94A.030, perjury, false swearing,
or bomb threats or a crime involving a schedule I or II controlled
substance, or any other drug or alcohol related offense, unless such
other drug or alcohol related offense does not reflect a drug or
alcohol dependency. However, the director of labor and industries may
issue a license if the person suffering a drug or alcohol related
dependency is participating in or has completed an alcohol or drug
recovery program acceptable to the department of labor and industries
and has established control of their alcohol or drug dependency. The
director of labor and industries shall require the applicant to provide
proof of such participation and control; or
(d) Any person who has previously been adjudged to be mentally ill
or insane, or to be incompetent due to any mental disability or disease
and who has not at the time of application been restored to competency.
(3) The director of labor and industries may establish reasonable
licensing fees for the manufacture, dealing, purchase, use, and storage
of explosives.
Sec. 820 RCW 70.75.020 and 1995 c 369 s 41 are each amended to
read as follows:
The standardization of existing fire protection equipment in this
state shall be arranged for and carried out by or under the direction
of the ((chief)) director of the ((Washington state patrol)) department
of public safety, through the director of fire protection. He or she
shall provide the appliances necessary for carrying on this work, shall
proceed with such standardization as rapidly as possible, and shall
require the completion of such work within a period of five years from
June 8, 1967: PROVIDED, That the ((chief)) director of the
((Washington state patrol)) department of public safety, through the
director of fire protection, may exempt special purpose fire equipment
and existing fire protection equipment from standardization when it is
established that such equipment is not essential to the coordination of
public fire protection operations.
Sec. 821 RCW 70.75.030 and 1995 c 369 s 42 are each amended to
read as follows:
The ((chief)) director of the ((Washington state patrol))
department of public safety, through the director of fire protection,
shall notify industrial establishments and property owners having
equipment, which may be necessary for fire department use in protecting
the property or putting out fire, of any changes necessary to bring
their equipment up to the requirements of the standard established by
RCW 70.75.020, and shall render such assistance as may be available for
converting substandard equipment to meet standard specifications and
requirements.
Sec. 822 RCW 70.75.040 and 1995 c 369 s 43 are each amended to
read as follows:
Any person who, without approval of the ((chief)) director of the
((Washington state patrol)) department of public safety, through the
director of fire protection, sells or offers for sale in Washington any
fire hose, fire engine or other equipment for fire protection purposes
which is fitted or equipped with other than the standard thread is
guilty of a misdemeanor: PROVIDED, That fire equipment for special
purposes, research, programs, forest fire fighting, or special features
of fire protection equipment found appropriate for uniformity within a
particular protection area may be specifically exempted from this
requirement by order of the ((chief)) director of the ((Washington
state patrol)) department of public safety, through the director of
fire protection.
Sec. 823 RCW 70.77.170 and 2002 c 370 s 10 are each amended to
read as follows:
"License" means a nontransferable formal authorization which the
((chief)) director of the ((Washington state patrol)) department of
public safety, through the director of fire protection, is authorized
to issue under this chapter to allow a person to engage in the act
specifically designated therein.
Sec. 824 RCW 70.77.236 and 2002 c 370 s 18 are each amended to
read as follows:
(1) "New fireworks item" means any fireworks initially classified
or reclassified as articles pyrotechnic, display fireworks, or consumer
fireworks by the United States department of transportation after June
13, 2002, and which comply with the construction, chemical composition,
and labeling regulations of the United States consumer products safety
commission, 16 C.F.R., Parts 1500 and 1507.
(2) The ((chief)) director of the ((Washington state patrol))
department of public safety, through the director of fire protection,
shall classify any new fireworks item in the same manner as the item is
classified by the United States department of transportation and the
United States consumer product safety commission. The ((chief))
director of the ((Washington state patrol)) department of public
safety, through the director of fire protection, may determine, stating
reasonable grounds, that the item should not be so classified.
Sec. 825 RCW 70.77.250 and 2002 c 370 s 19 are each amended to
read as follows:
(1) The ((chief)) director of the ((Washington state patrol))
department of public safety, through the director of fire protection,
shall enforce and administer this chapter.
(2) The ((chief)) director of the ((Washington state patrol))
department of public safety, through the director of fire protection,
shall appoint such deputies and employees as may be necessary and
required to carry out the provisions of this chapter.
(3) The ((chief)) director of the ((Washington state patrol))
department of public safety, through the director of fire protection,
shall adopt those rules relating to fireworks as are necessary for the
implementation of this chapter.
(4) The ((chief)) director of the ((Washington state patrol))
department of public safety, through the director of fire protection,
shall adopt those rules as are necessary to ensure statewide minimum
standards for the enforcement of this chapter. Counties and cities
shall comply with these state rules. Any ordinances adopted by a
county or city that are more restrictive than state law shall have an
effective date no sooner than one year after their adoption.
(5) The ((chief)) director of the ((Washington state patrol))
department of public safety, through the director of fire protection,
may exercise the necessary police powers to enforce the criminal
provisions of this chapter. This grant of police powers does not
prevent any other state agency and city, county, or local government
agency having general law enforcement powers from enforcing this
chapter within the jurisdiction of the agency and city, county, or
local government.
(6) The ((chief)) director of the ((Washington state patrol))
department of public safety, through the director of fire protection,
shall adopt rules necessary to enforce the civil penalty provisions for
the violations of this chapter. A civil penalty under this subsection
may not exceed one thousand dollars per day for each violation and is
subject to the procedural requirements under RCW 70.77.252.
(7) The ((chief)) director of the ((Washington state patrol))
department of public safety, through the director of fire protection,
may investigate or cause to be investigated all fires resulting, or
suspected of resulting, from the use of fireworks.
Sec. 826 RCW 70.77.252 and 2002 c 370 s 20 are each amended to
read as follows:
(1) The penalty provided for in RCW 70.77.250(6) shall be imposed
by a notice in writing to the person against whom the civil fine is
assessed and shall describe the violation with reasonable
particularity. The notice shall be personally served in the manner of
service of a summons in a civil action or in a manner which shows proof
of receipt. Any penalty imposed by RCW 70.77.250(6) shall become due
and payable twenty-eight days after receipt of notice unless
application for remission or mitigation is made as provided in
subsection (2) of this section or unless application for an
adjudicative proceeding is filed as provided in subsection (3) of this
section.
(2) Within fourteen days after the notice is received, the person
incurring the penalty may apply in writing to the ((chief)) director of
the ((Washington state patrol)) department of public safety, through
the director of fire protection, for the remission or mitigation of the
penalty. Upon receipt of the application, the ((chief)) director of
the ((Washington state patrol)) department of public safety, through
the director of fire protection, may remit or mitigate the penalty upon
whatever terms the ((chief)) director of the ((Washington state
patrol)) department of public safety, through the director of fire
protection, deems proper, giving consideration to the degree of hazard
associated with the violation. The ((chief)) director of the
((Washington state patrol)) department of public safety, through the
director of fire protection, may only grant a remission or mitigation
that it deems to be in the best interests of carrying out the purposes
of this chapter. The ((chief)) director of the ((Washington state
patrol)) department of public safety, through the director of fire
protection, may ascertain the facts regarding all such applications in
a manner it deems proper. When an application for remission or
mitigation is made, any penalty incurred under RCW 70.77.250(6) becomes
due and payable twenty-eight days after receipt of the notice setting
forth the disposition of the application, unless an application for an
adjudicative proceeding to contest the disposition is filed as provided
in subsection (3) of this section.
(3) Within twenty-eight days after notice is received, the person
incurring the penalty may file an application for an adjudicative
proceeding and may pursue subsequent review as provided in chapter
34.05 RCW and applicable rules of the chief of the Washington state
patrol, through the director of fire protection.
(4) Any penalty imposed by final order following an adjudicative
proceeding becomes due and payable upon service of the final order.
(5) The attorney general may bring an action in the name of the
((chief)) director of the ((Washington state patrol)) department of
public safety, through the director of fire protection, in the superior
court of Thurston county or of any county in which the violator may do
business to collect any penalty imposed under this chapter.
(6) All penalties imposed under this section shall be paid to the
state treasury and credited to the fire services trust fund and used as
follows: At least fifty percent is for a statewide public education
campaign developed by the ((chief)) director of the ((Washington state
patrol)) department of public safety, through the director of fire
protection, and the licensed fireworks industry emphasizing the safe
and responsible use of legal fireworks; and the remainder is for
statewide efforts to enforce this chapter.
Sec. 827 RCW 70.77.270 and 2002 c 370 s 22 are each amended to
read as follows:
(1) The governing body of a city or county, or a designee, shall
grant an application for a permit under RCW 70.77.260(1) if the
application meets the standards under this chapter, and the applicable
ordinances of the city or county. The permit shall be granted by June
10, or no less than thirty days after receipt of an application
whichever date occurs first, for sales commencing on June 28 and on
December 27; or by December 10, or no less than thirty days after
receipt of an application whichever date occurs first, for sales
commencing only on December 27.
(2) The ((chief)) director of the ((Washington state patrol))
department of public safety, through the director of fire protection,
shall prescribe uniform, statewide standards for retail fireworks
stands including, but not limited to, the location of the stands,
setback requirements and siting of the stands, types of buildings and
construction material that may be used for the stands, use of the
stands and areas around the stands, cleanup of the area around the
stands, transportation of fireworks to and from the stands, and
temporary storage of fireworks associated with the retail fireworks
stands. All cities and counties which allow retail fireworks sales
shall comply with these standards.
(3) No retail fireworks permit may be issued to any applicant
unless the retail fireworks stand is covered by a liability insurance
policy with coverage of not less than fifty thousand dollars and five
hundred thousand dollars for bodily injury liability for each person
and occurrence, respectively, and not less than fifty thousand dollars
for property damage liability for each occurrence, unless such
insurance is not readily available from at least three approved
insurance companies. If insurance in this amount is not offered, each
fireworks permit shall be covered by a liability insurance policy in
the maximum amount offered by at least three different approved
insurance companies.
No wholesaler may knowingly sell or supply fireworks to any retail
fireworks licensee unless the wholesaler determines that the retail
fireworks licensee is covered by liability insurance in the same, or
greater, amount as provided in this subsection.
Sec. 828 RCW 70.77.305 and 2002 c 370 s 23 are each amended to
read as follows:
The ((chief)) director of the ((Washington state patrol))
department of public safety, through the director of fire protection,
has the power to issue licenses for the manufacture, importation, sale,
and use of all fireworks in this state, except as provided in RCW
70.77.311 and 70.77.395. A person may be licensed as a manufacturer,
importer, or wholesaler under this chapter only if the person has a
designated agent in this state who is registered with the ((chief))
director of the ((Washington state patrol)) department of public
safety, through the director of fire protection.
Sec. 829 RCW 70.77.315 and 2002 c 370 s 25 are each amended to
read as follows:
Any person who desires to engage in the manufacture, importation,
sale, or use of fireworks, except use as provided in RCW 70.77.255(4),
70.77.311, and 70.77.395, shall make a written application to the
((chief)) director of the ((Washington state patrol)) department of
public safety, through the director of fire protection, on forms
provided by him or her. Such application shall be accompanied by the
annual license fee as prescribed in this chapter.
Sec. 830 RCW 70.77.325 and 1997 c 182 s 11 are each amended to
read as follows:
(1) An application for a license shall be made annually by every
person holding an existing license who wishes to continue the activity
requiring the license during an additional year. The application shall
be accompanied by the annual license fees as prescribed in RCW
70.77.343 and 70.77.340.
(2) A person applying for an annual license as a retailer under
this chapter shall file an application no later than May 1 for annual
sales commencing on June 28 and on December 27, or no later than
November 1 for sales commencing only on December 27. The ((chief))
director of the ((Washington state patrol)) department of public
safety, through the director of fire protection, shall grant or deny
the license within fifteen days of receipt of the application.
(3) A person applying for an annual license as a manufacturer,
importer, or wholesaler under this chapter shall file an application by
January 31 of the current year. The ((chief)) director of the
((Washington state patrol)) department of public safety, through the
director of fire protection, shall grant or deny the license within
ninety days of receipt of the application.
Sec. 831 RCW 70.77.330 and 2002 c 370 s 26 are each amended to
read as follows:
If the ((chief)) director of the ((Washington state patrol))
department of public safety, through the director of fire protection,
finds that the granting of such license is not contrary to public
safety or welfare, he or she shall issue a license authorizing the
applicant to engage in the particular act or acts upon the payment of
the license fee specified in this chapter. Licensees may transport the
class of fireworks for which they hold a valid license.
Sec. 832 RCW 70.77.343 and 2002 c 370 s 29 are each amended to
read as follows:
(1) License fees, in addition to the fees in RCW 70.77.340, shall
be charged as follows:
| Manufacturer . . . . . . . . . . . . $ | 1,500.00 |
| Importer . . . . . . . . . . . . | 900.00 |
| Wholesaler . . . . . . . . . . . . | 1,000.00 |
| Retailer (for each separate outlet) . . . . . . . . . . . . | 30.00 |
| Public display for display fireworks . . . . . . . . . . . . | 40.00 |
| Pyrotechnic operator for display fireworks . . . . . . . . . . . . | 5.00 |
Sec. 833 RCW 70.77.355 and 1997 c 182 s 14 are each amended to
read as follows:
(1) Any adult person may secure a general license from the
((chief)) director of the ((Washington state patrol)) department of
public safety, through the director of fire protection, for the public
display of fireworks within the state of Washington. A general license
is subject to the provisions of this chapter relative to the securing
of local permits for the public display of fireworks in any city or
county, except that in lieu of filing the bond or certificate of public
liability insurance with the appropriate local official under RCW
70.77.260 as required in RCW 70.77.285, the same bond or certificate
shall be filed with the ((chief)) director of the ((Washington state
patrol)) department of public safety, through the director of fire
protection. The bond or certificate of insurance for a general license
in addition shall provide that: (a) The insurer will not cancel the
insured's coverage without fifteen days prior written notice to the
((chief)) director of the ((Washington state patrol)) department of
public safety, through the director of fire protection; (b) the duly
licensed pyrotechnic operator required by law to supervise and
discharge the public display, acting either as an employee of the
insured or as an independent contractor and the state of Washington,
its officers, agents, employees, and servants are included as
additional insureds, but only insofar as any operations under contract
are concerned; and (c) the state is not responsible for any premium or
assessments on the policy.
(2) The ((chief)) director of the ((Washington state patrol))
department of public safety, through the director of fire protection,
may issue such general licenses. The holder of a general license shall
file a certificate from the ((chief)) director of the ((Washington
state patrol)) department of public safety, through the director of
fire protection, evidencing the license with any application for a
local permit for the public display of fireworks under RCW 70.77.260.
Sec. 834 RCW 70.77.360 and 1995 c 369 s 49 are each amended to
read as follows:
If the ((chief)) director of the ((Washington state patrol))
department of public safety, through the director of fire protection,
finds that an application for any license under this chapter contains
a material misrepresentation or that the granting of any license would
be contrary to the public safety or welfare, the ((chief)) director of
the ((Washington state patrol)) department of public safety, through
the director of fire protection, may deny the application for the
license.
Sec. 835 RCW 70.77.365 and 1995 c 369 s 50 are each amended to
read as follows:
A written report by the ((chief)) director of the ((Washington
state patrol)) department of public safety, through the director of
fire protection, or a local fire official, or any of their authorized
representatives, disclosing that the applicant for a license, or the
premises for which a license is to apply, do not meet the
qualifications or conditions for a license constitutes grounds for the
denial by the ((chief)) director of the ((Washington state patrol))
department of public safety, through the director of fire protection,
of any application for a license.
Sec. 836 RCW 70.77.375 and 1997 c 182 s 16, 1995 c 369 s 51, and
1995 c 61 s 21 are each reenacted and amended to read as follows:
The ((chief)) director of the ((Washington state patrol))
department of public safety, through the director of fire protection,
upon reasonable opportunity to be heard, may revoke any license issued
pursuant to this chapter, if he or she finds that:
(1) The licensee has violated any provisions of this chapter or any
rule made by the ((chief)) director of the ((Washington state patrol))
department of public safety, through the director of fire protection,
under and with the authority of this chapter;
(2) The licensee has created or caused a fire nuisance;
(3) Any licensee has failed or refused to file any required
reports; or
(4) Any fact or condition exists which, if it had existed at the
time of the original application for such license, reasonably would
have warranted the ((chief)) director of the ((Washington state
patrol)) department of public safety, through the director of fire
protection, in refusing originally to issue such license.
Sec. 837 RCW 70.77.415 and 1995 c 369 s 52 are each amended to
read as follows:
Every public display of fireworks shall be handled or supervised by
a pyrotechnic operator licensed by the ((chief)) director of the
((Washington state patrol)) department of public safety, through the
director of fire protection, under RCW 70.77.255.
Sec. 838 RCW 70.77.430 and 1995 c 369 s 53 are each amended to
read as follows:
Notwithstanding RCW 70.77.255, following the revocation or
expiration of a license, a licensee in lawful possession of a lawfully
acquired stock of fireworks may sell such fireworks, but only under
supervision of the ((chief)) director of the ((Washington state
patrol)) department of public safety, through the director of fire
protection. Any sale under this section shall be solely to persons who
are authorized to buy, possess, sell, or use such fireworks.
Sec. 839 RCW 70.77.435 and 2002 c 370 s 37 are each amended to
read as follows:
Any fireworks which are illegally sold, offered for sale, used,
discharged, possessed, or transported in violation of the provisions of
this chapter or the rules or regulations of the ((chief)) director of
the ((Washington state patrol)) department of public safety, through
the director of fire protection, are subject to seizure by the
((chief)) director of the ((Washington state patrol)) department of
public safety, through the director of fire protection, or his or her
deputy, or by state agencies or local governments having general law
enforcement authority.
Sec. 840 RCW 70.77.440 and 2002 c 370 s 38 are each amended to
read as follows:
(1) In the event of seizure under RCW 70.77.435, proceedings for
forfeiture shall be deemed commenced by the seizure. The ((chief))
director of the ((Washington state patrol)) department of public safety
or a designee, through the director of fire protection or the agency
conducting the seizure, under whose authority the seizure was made
shall cause notice to be served within fifteen days following the
seizure on the owner of the fireworks seized and the person in charge
thereof and any person having any known right or interest therein, of
the seizure and intended forfeiture of the seized property. The notice
may be served by any method authorized by law or court rule including
but not limited to service by certified mail with return receipt
requested. Service by mail shall be deemed complete upon mailing
within the fifteen-day period following the seizure.
(2) If no person notifies the ((chief)) director of the
((Washington state patrol)) department of public safety, through the
director of fire protection or the agency conducting the seizure, in
writing of the person's claim of lawful ownership or right to lawful
possession of seized fireworks within thirty days of the seizure, the
seized fireworks shall be deemed forfeited.
(3) If any person notifies the ((chief)) director of the
((Washington state patrol)) department of public safety, through the
director of fire protection or the agency conducting the seizure, in
writing of the person's claim of lawful ownership or possession of the
fireworks within thirty days of the seizure, the person or persons
shall be afforded a reasonable opportunity to be heard as to the claim
or right. The hearing shall be before an administrative law judge
appointed under chapter 34.12 RCW, except that any person asserting a
claim or right may remove the matter to a court of competent
jurisdiction if the aggregate value of the seized fireworks is more
than five hundred dollars. The hearing before an administrative law
judge and any appeal therefrom shall be under Title 34 RCW. In a court
hearing between two or more claimants to the article or articles
involved, the prevailing party shall be entitled to a judgment for
costs and reasonable attorneys' fees. The burden of producing evidence
shall be upon the person claiming to have the lawful right to
possession of the seized fireworks. The ((chief)) director of the
((Washington state patrol)) department of public safety, through the
director of fire protection or the agency conducting the seizure, shall
promptly return the fireworks to the claimant upon a determination by
the administrative law judge or court that the claimant is lawfully
entitled to possession of the fireworks.
(4) When fireworks are forfeited under this chapter the ((chief))
director of the ((Washington state patrol)) department of public
safety, through the director of fire protection or the agency
conducting the seizure, may:
(a) Dispose of the fireworks by summary destruction at any time
subsequent to thirty days from such seizure or ten days from the final
termination of proceedings under this section, whichever is later; or
(b) Sell the forfeited fireworks and chemicals used to make
fireworks, that are legal for use and possession under this chapter, to
wholesalers or manufacturers, authorized to possess and use such
fireworks or chemicals under a license issued by the ((chief)) director
of the ((Washington state patrol)) department of public safety, through
the director of fire protection. Sale shall be by public auction after
publishing a notice of the date, place, and time of the auction in a
newspaper of general circulation in the county in which the auction is
to be held, at least three days before the date of the auction. The
proceeds of the sale of the seized fireworks under this section may be
retained by the agency conducting the seizure and used to offset the
costs of seizure and/or storage costs of the seized fireworks. The
remaining proceeds, if any, shall be deposited in the fire services
trust fund and shall be used as follows: At least fifty percent is for
a statewide public education campaign developed by the ((chief))
director of the ((Washington state patrol)) department of public
safety, through the director of fire protection, and the licensed
fireworks industry emphasizing the safe and responsible use of legal
fireworks; and the remainder is for statewide efforts to enforce this
chapter.
Sec. 841 RCW 70.77.450 and 1997 c 182 s 22 are each amended to
read as follows:
The ((chief)) director of the ((Washington state patrol))
department of public safety, through the director of fire protection,
may make an examination of the books and records of any licensee, or
other person relative to fireworks, and may visit and inspect the
premises of any licensee he may deem at any time necessary for the
purpose of enforcing the provisions of this chapter. The licensee,
owner, lessee, manager, or operator of any such building or premises
shall permit the ((chief)) director of the ((Washington state patrol))
department of public safety, through the director of fire protection,
his or her deputies or salaried assistants, the local fire official,
and their authorized representatives to enter and inspect the premises
at the time and for the purpose stated in this section.
Sec. 842 RCW 70.77.455 and 2005 c 274 s 337 are each amended to
read as follows:
(1) All licensees shall maintain and make available to the
((chief)) director of the ((Washington state patrol)) department of
public safety, through the director of fire protection, full and
complete records showing all production, imports, exports, purchases,
and sales of fireworks items by class.
(2) All records obtained and all reports produced, as required by
this chapter, are not subject to disclosure through the public records
act under chapter 42.56 RCW.
Sec. 843 RCW 70.77.460 and 1995 c 369 s 55 are each amended to
read as follows:
When reports on fireworks transactions or the payments of license
fees or penalties are required to be made on or by specified dates,
they shall be deemed to have been made at the time they are filed with
or paid to the ((chief)) director of the ((Washington state patrol))
department of public safety, through the director of fire protection,
or, if sent by mail, on the date shown by the United States postmark on
the envelope containing the report or payment.
Sec. 844 RCW 70.77.548 and 2002 c 370 s 48 are each amended to
read as follows:
Civil proceedings to enforce this chapter may be brought in the
superior court of Thurston county or the county in which the violation
occurred by the attorney general or the attorney of the city or county
in which the violation occurred on his or her own motion or at the
request of the ((chief)) director of the ((Washington state patrol))
department of public safety, through the director of fire protection.
Sec. 845 RCW 70.77.575 and 2002 c 370 s 46 are each amended to
read as follows:
(1) The ((chief)) director of the ((Washington state patrol))
department of public safety, through the director of fire protection,
shall adopt by rule a list of the consumer fireworks that may be sold
to the public in this state pursuant to this chapter. The ((chief))
director of the ((Washington state patrol)) department of public
safety, through the director of fire protection, shall file the list by
October 1st of each year with the code reviser for publication, unless
the previously published list has remained current.
(2) The ((chief)) director of the ((Washington state patrol))
department of public safety, through the director of fire protection,
shall provide the list adopted under subsection (1) of this section by
November 1st of each year to all manufacturers, wholesalers, and
importers licensed under this chapter, unless the previously
distributed list has remained current.
Sec. 846 RCW 70.77.580 and 2002 c 370 s 47 are each amended to
read as follows:
Retailers required to be licensed under this chapter shall post
prominently at each retail location a list of the consumer fireworks
that may be sold to the public in this state pursuant to this chapter.
The posted list shall be in a form approved by the ((chief)) director
of the ((Washington state patrol)) department of public safety, through
the director of fire protection. The ((chief)) director of the
((Washington state patrol)) department of public safety, through the
director of fire protection, shall make the list available.
Sec. 847 RCW 70.97.210 and 2005 c 504 s 423 are each amended to
read as follows:
(1) Standards for fire protection and the enforcement thereof, with
respect to all facilities licensed under this chapter, are the
responsibility of the ((chief)) director of the ((Washington state
patrol)) department of public safety, through the director of fire
protection, who must adopt recognized standards as applicable to
facilities for the protection of life against the cause and spread of
fire and fire hazards. If the facility to be licensed meets with the
approval of the ((chief)) director of the ((Washington state patrol))
department of public safety, through the director of fire protection,
the director of fire protection must submit to the department a written
report approving the facility with respect to fire protection before a
full license can be issued. The ((chief)) director of the ((Washington
state patrol)) department of public safety, through the director of
fire protection, shall conduct an unannounced full inspection of
facilities at least once every eighteen months. The statewide average
interval between full facility inspections must be fifteen months.
(2) Inspections of facilities by local authorities must be
consistent with the requirements adopted by the ((chief)) director of
the ((Washington state patrol)) department of public safety, through
the director of fire protection. Findings of a serious nature must be
coordinated with the department and the ((chief)) director of the
((Washington state patrol)) department of public safety, through the
director of fire protection, for determination of appropriate actions
to ensure a safe environment for residents. The ((chief)) director of
the ((Washington state patrol)) department of public safety, through
the director of fire protection, has exclusive authority to determine
appropriate corrective action under this section.
Sec. 848 RCW 70.108.040 and 1995 c 369 s 59 are each amended to
read as follows:
Application for an outdoor music festival permit shall be in
writing and filed with the clerk of the issuing authority wherein the
festival is to be held. Said application shall be filed not less than
ninety days prior to the first scheduled day of the festival and shall
be accompanied with a permit fee in the amount of two thousand five
hundred dollars. Said application shall include:
(1) The name of the person or other legal entity on behalf of whom
said application is made: PROVIDED, That a natural person applying for
such permit shall be eighteen years of age or older;
(2) A financial statement of the applicant;
(3) The nature of the business organization of the applicant;
(4) Names and addresses of all individuals or other entities having
a ten percent or more proprietary interest in the festival;
(5) The principal place of business of applicant;
(6) A legal description of the land to be occupied, the name and
address of the owner thereof, together with a document showing the
consent of said owner to the issuance of a permit, if the land be owned
by a person other than the applicant;
(7) The scheduled performances and program;
(8) Written confirmation from the local health officer that he or
she has reviewed and approved plans for site and development in
accordance with rules((, regulations)) and standards adopted by the
state board of health. Such rules ((and regulations)) shall include
criteria as to the following and such other matters as the state board
of health deems necessary to protect the public's health:
(a) Submission of plans;
(b) Site;
(c) Water supply;
(d) Sewage disposal;
(e) Food preparation facilities;
(f) Toilet facilities;
(g) Solid waste;
(h) Insect and rodent control;
(i) Shelter;
(j) Dust control;
(k) Lighting;
(l) Emergency medical facilities;
(m) Emergency air evacuation;
(n) Attendant physicians; and
(o) Communication systems;
(9) A written confirmation from the appropriate law enforcement
agency from the area where the outdoor music festival is to take place,
showing that traffic control and crowd protection policing have been
contracted for or otherwise provided by the applicant meeting the
following conditions:
(a) One person for each two hundred persons reasonably expected to
be in attendance at any time during the event for purposes of traffic
and crowd control.
(b) The names and addresses of all traffic and crowd control
personnel shall be provided to the appropriate law enforcement
authority: PROVIDED, That not less than twenty percent of the traffic
and crowd control personnel shall be commissioned police officers or
deputy sheriffs: PROVIDED FURTHER, That on and after February 25, 1972
any commissioned police officer or deputy sheriff who is employed and
compensated by the promoter of an outdoor music festival shall not be
eligible and shall not receive any benefits whatsoever from any public
pension or disability plan of which he or she is a member for the time
he is so employed or for any injuries received during the course of
such employment.
(c) During the hours that the festival site shall be open to the
public there shall be at least one regularly commissioned police
officer employed by the jurisdiction wherein the festival site is
located for every one thousand persons in attendance and said officer
shall be on duty within the confines of the actual outdoor music
festival site.
(d) All law enforcement personnel shall be charged with enforcing
the provisions of this chapter and all existing statutes, ordinances,
and regulations((.));
(10) A written confirmation from the appropriate law enforcement
authority that sufficient access roads are available for ingress and
egress to the parking areas of the outdoor music festival site and that
parking areas are available on the actual site of the festival or
immediately adjacent thereto which are capable of accommodating one
auto for every four persons in estimated attendance at the outdoor
music festival site((.));
(11) A written confirmation from the department of natural
resources, where applicable, and the ((chief)) director of the
((Washington state patrol)) department of public safety, through the
director of fire protection, that all fire prevention requirements have
been complied with((.));
(12) A written statement of the applicant that all state and local
law enforcement officers, fire control officers, and other necessary
governmental personnel shall have free access to the site of the
outdoor music festival((.));
(13) A statement that the applicant will abide by the provisions of
this chapter((.));
(14) The verification of the applicant warranting the truth of the
matters set forth in the application to the best of the applicant's
knowledge, under the penalty of perjury.
Sec. 849 RCW 70.160.060 and 1995 c 369 s 60 are each amended to
read as follows:
This chapter is not intended to regulate smoking in a private
enclosed workplace, within a public place, even though such workplace
may be visited by nonsmokers, excepting places in which smoking is
prohibited by the ((chief)) director of the ((Washington state patrol))
department of public safety, through the director of fire protection,
or by other law, ordinance, or regulation.
Sec. 850 RCW 71.09.115 and 1996 c 27 s 1 are each amended to read
as follows:
(1) The safety and security needs of the secure facility operated
by the department of social and health services pursuant to RCW
71.09.060(1) make it vital that employees working in the facility meet
necessary character, suitability, and competency qualifications. The
secretary shall require a record check through the Washington ((state
patrol)) bureau of investigation criminal identification system under
chapter 10.97 RCW and through the federal bureau of investigation. The
record check must include a fingerprint check using a complete
Washington state criminal identification fingerprint card. The
criminal history record checks shall be at the expense of the
department. The secretary shall use the information only in making the
initial employment or engagement decision, except as provided in
subsection (2) of this section. Further dissemination or use of the
record is prohibited.
(2) This section applies to all current employees hired prior to
June 6, 1996, who have not previously submitted to a department of
social and health services criminal history records check. The
secretary shall use the information only in determining whether the
current employee meets the necessary character, suitability, and
competency requirements for employment or engagement.
Sec. 851 RCW 71.09.140 and 1995 c 216 s 17 are each amended to
read as follows:
(1) At the earliest possible date, and in no event later than
thirty days before conditional release or unconditional discharge,
except in the event of escape, the department of social and health
services shall send written notice of conditional release,
unconditional discharge, or escape, to the following:
(a) The chief of police of the city, if any, in which the person
will reside or in which placement will be made under a less restrictive
alternative;
(b) The sheriff of the county in which the person will reside or in
which placement will be made under a less restrictive alternative; and
(c) The sheriff of the county where the person was last convicted
of a sexually violent offense, if the department does not know where
the person will reside.
The department shall notify the ((state patrol)) Washington bureau
of investigation of the release of all sexually violent predators and
that information shall be placed in the Washington crime information
center for dissemination to all law enforcement.
(2) The same notice as required by subsection (1) of this section
shall be sent to the following if such notice has been requested in
writing about a specific person found to be a sexually violent predator
under this chapter:
(a) The victim or victims of any sexually violent offenses for
which the person was convicted in the past or the victim's next of kin
if the crime was a homicide. "Next of kin" as used in this section
means a person's spouse, parents, siblings, and children;
(b) Any witnesses who testified against the person in his or her
commitment trial under RCW 71.09.060; and
(c) Any person specified in writing by the prosecuting attorney.
Information regarding victims, next of kin, or witnesses requesting
the notice, information regarding any other person specified in writing
by the prosecuting attorney to receive the notice, and the notice are
confidential and shall not be available to the committed person.
(3) If a person committed as a sexually violent predator under this
chapter escapes from a department of social and health services
facility, the department shall immediately notify, by the most
reasonable and expedient means available, the chief of police of the
city and the sheriff of the county in which the committed person
resided immediately before his or her commitment as a sexually violent
predator, or immediately before his or her incarceration for his or her
most recent offense. If previously requested, the department shall
also notify the witnesses and the victims of the sexually violent
offenses for which the person was convicted in the past or the victim's
next of kin if the crime was a homicide. If the person is recaptured,
the department shall send notice to the persons designated in this
subsection as soon as possible but in no event later than two working
days after the department learns of such recapture.
(4) If the victim or victims of any sexually violent offenses for
which the person was convicted in the past or the victim's next of kin,
or any witness is under the age of sixteen, the notice required by this
section shall be sent to the parents or legal guardian of the child.
(5) The department of social and health services shall send the
notices required by this chapter to the last address provided to the
department by the requesting party. The requesting party shall furnish
the department with a current address.
(6) Nothing in this section shall impose any liability upon a chief
of police of a city or sheriff of a county for failing to request in
writing a notice as provided in subsection (1) of this section.
Sec. 852 RCW 71.12.485 and 1995 c 369 s 61 are each amended to
read as follows:
Standards for fire protection and the enforcement thereof, with
respect to all establishments to be licensed hereunder, shall be the
responsibility of the ((chief)) director of the ((Washington state
patrol)) department of public safety, through the director of fire
protection, who shall adopt such recognized standards as may be
applicable to such establishments for the protection of life against
the cause and spread of fire and fire hazards. The department of
health, upon receipt of an application for a license, or renewal of a
license, shall submit to the ((chief)) director of the ((Washington
state patrol)) department of public safety, through the director of
fire protection, in writing, a request for an inspection, giving the
applicant's name and the location of the premises to be licensed. Upon
receipt of such a request, the ((chief)) director of the ((Washington
state patrol)) department of public safety, through the director of
fire protection, or his or her deputy shall make an inspection of the
establishment to be licensed, and if it is found that the premises do
not comply with the required safety standards and fire regulations as
promulgated by the ((chief)) director of the ((Washington state
patrol)) department of public safety, through the director of fire
protection, he or she shall promptly make a written report to the
establishment and the department of health as to the manner and time
allowed in which the premises must qualify for a license and set forth
the conditions to be remedied with respect to fire regulations. The
department of health, applicant or licensee shall notify the ((chief))
director of the ((Washington state patrol)) department of public
safety, through the director of fire protection, upon completion of any
requirements made by him or her, and the director of fire protection or
his or her deputy shall make a reinspection of such premises. Whenever
the establishment to be licensed meets with the approval of the
((chief)) director of the ((Washington state patrol)) department of
public safety, through the director of fire protection, he or she shall
submit to the department of health a written report approving same with
respect to fire protection before a full license can be issued. The
((chief)) director of the ((Washington state patrol)) department of
public safety, through the director of fire protection, shall make or
cause to be made inspections of such establishments at least annually.
The department of health shall not license or continue the license of
any establishment unless and until it shall be approved by the
((chief)) director of the ((Washington state patrol)) department of
public safety, through the director of fire protection, as herein
provided.
In cities which have in force a comprehensive building code, the
provisions of which are determined by the ((chief)) director of the
((Washington state patrol)) department of public safety, through the
director of fire protection, to be equal to the minimum standards of
the ((chief)) director of the ((Washington state patrol)) department of
public safety, through the director of fire protection, for such
establishments, the chief of the fire department, provided the latter
is a paid chief of a paid fire department, shall make the inspection
with the ((chief)) director of the ((Washington state patrol))
department of public safety, through the director of fire protection,
or his or her deputy, and they shall jointly approve the premises
before a full license can be issued.
Sec. 853 RCW 74.15.030 and 2005 c 490 s 11 are each amended to
read as follows:
The secretary shall have the power and it shall be the secretary's
duty:
(1) In consultation with the children's services advisory
committee, and with the advice and assistance of persons representative
of the various type agencies to be licensed, to designate categories of
facilities for which separate or different requirements shall be
developed as may be appropriate whether because of variations in the
ages, sex and other characteristics of persons served, variations in
the purposes and services offered or size or structure of the agencies
to be licensed hereunder, or because of any other factor relevant
thereto;
(2) In consultation with the children's services advisory
committee, and with the advice and assistance of persons representative
of the various type agencies to be licensed, to adopt and publish
minimum requirements for licensing applicable to each of the various
categories of agencies to be licensed.
The minimum requirements shall be limited to:
(a) The size and suitability of a facility and the plan of
operation for carrying out the purpose for which an applicant seeks a
license;
(b) The character, suitability and competence of an agency and
other persons associated with an agency directly responsible for the
care and treatment of children, expectant mothers or developmentally
disabled persons. In consultation with law enforcement personnel, the
secretary shall investigate the conviction record or pending charges
and dependency record information under chapter ((43.43)) 43.--- RCW
(the new chapter created in section 906 of this act) of each agency and
its staff seeking licensure or relicensure. No unfounded allegation of
child abuse or neglect as defined in RCW 26.44.020 may be disclosed to
a child-placing agency, private adoption agency, or any other provider
licensed under this chapter. In order to determine the suitability of
applicants for an agency license, licensees, their employees, and other
persons who have unsupervised access to children in care, and who have
not resided in the state of Washington during the three-year period
before being authorized to care for children shall be fingerprinted.
The fingerprints shall be forwarded to the Washington ((state patrol))
bureau of investigation and federal bureau of investigation for a
criminal history records check. The fingerprint criminal history
records checks will be at the expense of the licensee except that in
the case of a foster family home, if this expense would work a hardship
on the licensee, the department shall pay the expense. The licensee
may not pass this cost on to the employee or prospective employee,
unless the employee is determined to be unsuitable due to his or her
criminal history record. The secretary shall use the information
solely for the purpose of determining eligibility for a license and for
determining the character, suitability, and competence of those persons
or agencies, excluding parents, not required to be licensed who are
authorized to care for children, expectant mothers, and developmentally
disabled persons. Criminal justice agencies shall provide the
secretary such information as they may have and that the secretary may
require for such purpose;
(c) The number of qualified persons required to render the type of
care and treatment for which an agency seeks a license;
(d) The safety, cleanliness, and general adequacy of the premises
to provide for the comfort, care and well-being of children, expectant
mothers or developmentally disabled persons;
(e) The provision of necessary care, including food, clothing,
supervision and discipline; physical, mental and social well-being; and
educational, recreational and spiritual opportunities for those served;
(f) The financial ability of an agency to comply with minimum
requirements established pursuant to chapter 74.15 RCW and RCW
74.13.031; and
(g) The maintenance of records pertaining to the admission,
progress, health and discharge of persons served;
(3) To investigate any person, including relatives by blood or
marriage except for parents, for character, suitability, and competence
in the care and treatment of children, expectant mothers, and
developmentally disabled persons prior to authorizing that person to
care for children, expectant mothers, and developmentally disabled
persons. However, if a child is placed with a relative under RCW
13.34.065 or 13.34.130, and if such relative appears otherwise suitable
and competent to provide care and treatment the criminal history
background check required by this section need not be completed before
placement, but shall be completed as soon as possible after placement;
(4) On reports of alleged child abuse and neglect, to investigate
agencies in accordance with chapter 26.44 RCW, including child day-care
centers and family day-care homes, to determine whether the alleged
abuse or neglect has occurred, and whether child protective services or
referral to a law enforcement agency is appropriate;
(5) To issue, revoke, or deny licenses to agencies pursuant to
chapter 74.15 RCW and RCW 74.13.031. Licenses shall specify the
category of care which an agency is authorized to render and the ages,
sex and number of persons to be served;
(6) To prescribe the procedures and the form and contents of
reports necessary for the administration of chapter 74.15 RCW and RCW
74.13.031 and to require regular reports from each licensee;
(7) To inspect agencies periodically to determine whether or not
there is compliance with chapter 74.15 RCW and RCW 74.13.031 and the
requirements adopted hereunder;
(8) To review requirements adopted hereunder at least every two
years and to adopt appropriate changes after consultation with affected
groups for child day-care requirements and with the children's services
advisory committee for requirements for other agencies; and
(9) To consult with public and private agencies in order to help
them improve their methods and facilities for the care of children,
expectant mothers and developmentally disabled persons.
Sec. 854 RCW 74.15.050 and 1995 c 369 s 62 are each amended to
read as follows:
The ((chief)) director of the ((Washington state patrol))
department of public safety, through the director of fire protection,
shall have the power and it shall be his or her duty:
(1) In consultation with the children's services advisory committee
and with the advice and assistance of persons representative of the
various type agencies to be licensed, to adopt recognized minimum
standard requirements pertaining to each category of agency established
pursuant to chapter 74.15 RCW and RCW 74.13.031, except foster-family
homes and child-placing agencies, necessary to protect all persons
residing therein from fire hazards;
(2) To make or cause to be made such inspections and investigations
of agencies, other than foster-family homes or child-placing agencies,
as he or she deems necessary;
(3) To make a periodic review of requirements under RCW
74.15.030(7) and to adopt necessary changes after consultation as
required in subsection (1) of this section;
(4) To issue to applicants for licenses hereunder, other than
foster-family homes or child-placing agencies, who comply with the
requirements, a certificate of compliance, a copy of which shall be
presented to the department of social and health services before a
license shall be issued, except that a ((provisional)) initial license
may be issued as provided in RCW 74.15.120.
Sec. 855 RCW 74.15.080 and 1995 c 369 s 63 are each amended to
read as follows:
All agencies subject to chapter 74.15 RCW and RCW 74.13.031 shall
accord the department of social and health services, the secretary of
health, the ((chief)) director of the ((Washington state patrol))
department of public safety, and the director of fire protection, or
their designees, the right of entrance and the privilege of access to
and inspection of records for the purpose of determining whether or not
there is compliance with the provisions of chapter 74.15 RCW and RCW
74.13.031 and the requirements adopted thereunder.
Sec. 856 RCW 74.18.123 and 2003 c 409 s 11 are each amended to
read as follows:
(1) The department shall investigate the conviction records,
pending charges, and disciplinary board final decisions of individuals
acting on behalf of the department who will or may have unsupervised
access to persons with significant disabilities as defined by the
federal rehabilitation act of 1973. This includes:
(a) Current employees of the department;
(b) Applicants seeking or being considered for any position with
the department; and
(c) Any service provider, contractor, student intern, volunteer, or
other individual acting on behalf of the department.
(2) The investigation shall consist of a background check as
allowed through the Washington state criminal records privacy act under
RCW 10.97.050, the Washington ((state patrol)) bureau of investigation
criminal identification system under RCW 43.43.832 through 43.43.834
(as recodified by this act), and the federal bureau of investigation.
The background check shall include a fingerprint check using a complete
Washington state criminal identification fingerprint card. If the
applicant or service provider has had a background check within the
previous two years, the department may waive the requirement.
(3) When necessary, applicants may be employed and service
providers may be engaged on a conditional basis pending completion of
the background check.
(4) The department shall use the information solely to determine
the character, suitability, and competence of employees, applicants,
service providers, contractors, student interns, volunteers, and other
individuals in accordance with RCW 41.06.475.
(5) The department shall adopt rules addressing procedures for
undertaking background checks which shall include, but not be limited
to, the following:
(a) The manner in which the individual will be provided access to
and review of information obtained based on the background check
required;
(b) Assurance that access to background check information shall be
limited to only those individuals processing the information at the
department;
(c) Action that shall be taken against a current employee, service
provider, contractor, student intern, or volunteer who is disqualified
from a position because of a background check not previously performed.
(6) The department shall determine who will pay costs associated
with the background check.
Sec. 857 RCW 79A.05.030 and 2005 c 373 s 1 and 2005 c 360 s 5 are
each reenacted and amended to read as follows:
The commission shall:
(1) Have the care, charge, control, and supervision of all parks
and parkways acquired or set aside by the state for park or parkway
purposes.
(2) Adopt policies, and adopt, issue, and enforce rules pertaining
to the use, care, and administration of state parks and parkways. The
commission shall cause a copy of the rules to be kept posted in a
conspicuous place in every state park to which they are applicable, but
failure to post or keep any rule posted shall be no defense to any
prosecution for the violation thereof.
(3) Permit the use of state parks and parkways by the public under
such rules as shall be adopted.
(4) Clear, drain, grade, seed, and otherwise improve or beautify
parks and parkways, and erect structures, buildings, fireplaces, and
comfort stations and build and maintain paths, trails, and roadways
through or on parks and parkways.
(5) Grant concessions or leases in state parks and parkways, upon
such rentals, fees, or percentage of income or profits and for such
terms, in no event longer than fifty years, and upon such conditions as
shall be approved by the commission: PROVIDED, That leases exceeding
a twenty-year term shall require a unanimous vote of the commission:
PROVIDED FURTHER, That if, during the term of any concession or lease,
it is the opinion of the commission that it would be in the best
interest of the state, the commission may, with the consent of the
concessionaire or lessee, alter and amend the terms and conditions of
such concession or lease: PROVIDED FURTHER, That television station
leases shall be subject to the provisions of RCW 79A.05.085, only:
PROVIDED FURTHER, That the rates of such concessions or leases shall be
renegotiated at five-year intervals. No concession shall be granted
which will prevent the public from having free access to the scenic
attractions of any park or parkway.
(6) Employ such assistance as it deems necessary. Commission
expenses relating to its use of volunteer assistance shall be limited
to premiums or assessments for the insurance of volunteers by the
department of labor and industries, compensation of staff who assist
volunteers, materials and equipment used in authorized volunteer
projects, training, reimbursement of volunteer travel as provided in
RCW 43.03.050 and 43.03.060, and other reasonable expenses relating to
volunteer recognition. The commission, at its discretion, may waive
commission fees otherwise applicable to volunteers. The commission
shall not use volunteers to replace or supplant classified positions.
The use of volunteers may not lead to the elimination of any employees
or permanent positions in the bargaining unit.
(7) By majority vote of its authorized membership select and
purchase or obtain options upon, lease, or otherwise acquire for and in
the name of the state such tracts of land, including shore and tide
lands, for park and parkway purposes as it deems proper. If the
commission cannot acquire any tract at a price it deems reasonable, it
may, by majority vote of its authorized membership, obtain title
thereto, or any part thereof, by condemnation proceedings conducted by
the attorney general as provided for the condemnation of rights of way
for state highways. Option agreements executed under authority of this
subsection shall be valid only if:
(a) The cost of the option agreement does not exceed one dollar;
and
(b) Moneys used for the purchase of the option agreement are from
(i) funds appropriated therefor, or (ii) funds appropriated for
undesignated land acquisitions, or (iii) funds deemed by the commission
to be in excess of the amount necessary for the purposes for which they
were appropriated; and
(c) The maximum amount payable for the property upon exercise of
the option does not exceed the appraised value of the property.
(8) Cooperate with the United States, or any county or city of this
state, in any matter pertaining to the acquisition, development,
redevelopment, renovation, care, control, or supervision of any park or
parkway, and enter into contracts in writing to that end. All parks or
parkways, to which the state contributed or in whose care, control, or
supervision the state participated pursuant to the provisions of this
section, shall be governed by the provisions hereof.
(9) Within allowable resources, maintain policies that increase the
number of people who have access to free or low-cost recreational
opportunities for physical activity, including noncompetitive physical
activity.
(10) Adopt rules establishing the requirements for a criminal
history record information search for the following: Job applicants,
volunteers, and independent contractors who have unsupervised access to
children or vulnerable adults, or who will be responsible for
collecting or disbursing cash or processing credit/debit card
transactions. These background checks will be done through the
Washington ((state patrol)) bureau of investigation criminal
identification section and may include a national check from the
federal bureau of investigation, which shall be through the submission
of fingerprints. A permanent employee of the commission, employed as
of July 24, 2005, is exempt from the provisions of this subsection.
Sec. 858 RCW 82.14.310 and 2005 c 282 s 49 are each amended to
read as follows:
(1) The county criminal justice assistance account is created in
the state treasury. Beginning in fiscal year 2000, the state treasurer
shall transfer into the county criminal justice assistance account from
the general fund the sum of twenty-three million two hundred thousand
dollars divided into four equal deposits occurring on July 1, October
1, January 1, and April 1. For each fiscal year thereafter, the state
treasurer shall increase the total transfer by the fiscal growth
factor, as defined in RCW 43.135.025, forecast for that fiscal year by
the office of financial management in November of the preceding year.
(2) The moneys deposited in the county criminal justice assistance
account for distribution under this section, less any moneys
appropriated for purposes under subsection (4) of this section, shall
be distributed at such times as distributions are made under RCW
82.44.150 and on the relative basis of each county's funding factor as
determined under this subsection.
(a) A county's funding factor is the sum of:
(i) The population of the county, divided by one thousand, and
multiplied by two-tenths;
(ii) The crime rate of the county, multiplied by three-tenths; and
(iii) The annual number of criminal cases filed in the county
superior court, for each one thousand in population, multiplied by
five-tenths.
(b) Under this section and RCW 82.14.320 and 82.14.330:
(i) The population of the county or city shall be as last
determined by the office of financial management;
(ii) The crime rate of the county or city is the annual occurrence
of specified criminal offenses, as calculated in the most recent annual
report on crime in Washington state as published by the Washington
association of sheriffs and police chiefs, for each one thousand in
population;
(iii) The annual number of criminal cases filed in the county
superior court shall be determined by the most recent annual report of
the courts of Washington, as published by the administrative office of
the courts;
(iv) Distributions and eligibility for distributions in the 1989-91
biennium shall be based on 1988 figures for both the crime rate as
described under (ii) of this subsection and the annual number of
criminal cases that are filed as described under (iii) of this
subsection. Future distributions shall be based on the most recent
figures for both the crime rate as described under (ii) of this
subsection and the annual number of criminal cases that are filed as
described under (iii) of this subsection.
(3) Moneys distributed under this section shall be expended
exclusively for criminal justice purposes and shall not be used to
replace or supplant existing funding. Criminal justice purposes are
defined as activities that substantially assist the criminal justice
system, which may include circumstances where ancillary benefit to the
civil or juvenile justice system occurs, and which includes (a)
domestic violence services such as those provided by domestic violence
programs, community advocates, and legal advocates, as defined in RCW
70.123.020, and (b) during the 2001-2003 fiscal biennium, juvenile
dispositional hearings relating to petitions for at-risk youth,
truancy, and children in need of services. Existing funding for
purposes of this subsection is defined as calendar year 1989 actual
operating expenditures for criminal justice purposes. Calendar year
1989 actual operating expenditures for criminal justice purposes
exclude the following: Expenditures for extraordinary events not
likely to reoccur, changes in contract provisions for criminal justice
services, beyond the control of the local jurisdiction receiving the
services, and major nonrecurring capital expenditures.
(4) Not more than five percent of the funds deposited to the county
criminal justice assistance account shall be available for
appropriations for enhancements to the ((state patrol)) Washington
bureau of investigation crime laboratory system and the continuing
costs related to these enhancements. Funds appropriated from this
account for such enhancements shall not supplant existing funds from
the state general fund.
Sec. 859 RCW 82.14.320 and 1998 c 321 s 12 are each amended to
read as follows:
(1) The municipal criminal justice assistance account is created in
the state treasury. Beginning in fiscal year 2000, the state treasurer
shall transfer into the municipal criminal justice assistance account
for distribution under this section from the general fund the sum of
four million six hundred thousand dollars divided into four equal
deposits occurring on July 1, October 1, January 1, and April 1. For
each fiscal year thereafter, the state treasurer shall increase the
total transfer by the fiscal growth factor, as defined in RCW
43.135.025, forecast for that fiscal year by the office of financial
management in November of the preceding year.
(2) No city may receive a distribution under this section from the
municipal criminal justice assistance account unless:
(a) The city has a crime rate in excess of one hundred twenty-five
percent of the statewide average as calculated in the most recent
annual report on crime in Washington state as published by the
Washington association of sheriffs and police chiefs;
(b) The city has levied the tax authorized in RCW 82.14.030(2) at
the maximum rate or the tax authorized in RCW 82.46.010(3) at the
maximum rate; and
(c) The city has a per capita yield from the tax imposed under RCW
82.14.030(1) at the maximum rate of less than one hundred fifty percent
of the statewide average per capita yield for all cities from such
local sales and use tax.
(3) The moneys deposited in the municipal criminal justice
assistance account for distribution under this section, less any moneys
appropriated for purposes under subsection (7) of this section, shall
be distributed at such times as distributions are made under RCW
82.44.150. The distributions shall be made as follows:
(a) Unless reduced by this subsection, thirty percent of the moneys
shall be distributed ratably based on population as last determined by
the office of financial management to those cities eligible under
subsection (2) of this section that have a crime rate determined under
subsection (2)(a) of this section which is greater than one hundred
seventy-five percent of the statewide average crime rate. No city may
receive more than fifty percent of any moneys distributed under this
subsection (a) but, if a city distribution is reduced as a result of
exceeding the fifty percent limitation, the amount not distributed
shall be distributed under (b) of this subsection.
(b) The remainder of the moneys, including any moneys not
distributed in subsection (2)(a) of this section, shall be distributed
to all cities eligible under subsection (2) of this section ratably
based on population as last determined by the office of financial
management.
(4) No city may receive more than thirty percent of all moneys
distributed under subsection (3) of this section.
(5) Notwithstanding other provisions of this section, the
distributions to any city that substantially decriminalizes or repeals
its criminal code after July 1, 1990, and that does not reimburse the
county for costs associated with criminal cases under RCW 3.50.800 or
3.50.805(2), shall be made to the county in which the city is located.
(6) Moneys distributed under this section shall be expended
exclusively for criminal justice purposes and shall not be used to
replace or supplant existing funding. Criminal justice purposes are
defined as activities that substantially assist the criminal justice
system, which may include circumstances where ancillary benefit to the
civil justice system occurs, and which includes domestic violence
services such as those provided by domestic violence programs,
community advocates, and legal advocates, as defined in RCW 70.123.020,
and publications and public educational efforts designed to provide
information and assistance to parents in dealing with runaway or at-risk youth. Existing funding for purposes of this subsection is
defined as calendar year 1989 actual operating expenditures for
criminal justice purposes. Calendar year 1989 actual operating
expenditures for criminal justice purposes exclude the following:
Expenditures for extraordinary events not likely to reoccur, changes in
contract provisions for criminal justice services, beyond the control
of the local jurisdiction receiving the services, and major
nonrecurring capital expenditures.
(7) Not more than five percent of the funds deposited to the
municipal criminal justice assistance account shall be available for
appropriations for enhancements to the ((state patrol)) Washington
bureau of investigation crime laboratory system and the continuing
costs related to these enhancements. Funds appropriated from this
account for such enhancements shall not supplant existing funds from
the state general fund.
Sec. 860 RCW 82.14.330 and 2003 c 90 s 1 are each amended to read
as follows:
(1) Beginning in fiscal year 2000, the state treasurer shall
transfer into the municipal criminal justice assistance account for
distribution under this section from the general fund the sum of four
million six hundred thousand dollars divided into four equal deposits
occurring on July 1, October 1, January 1, and April 1. For each
fiscal year thereafter, the state treasurer shall increase the total
transfer by the fiscal growth factor, as defined in RCW 43.135.025,
forecast for that fiscal year by the office of financial management in
November of the preceding year. The moneys deposited in the municipal
criminal justice assistance account for distribution under this
section, less any moneys appropriated for purposes under subsection (4)
of this section, shall be distributed to the cities of the state as
follows:
(a) Twenty percent appropriated for distribution shall be
distributed to cities with a three-year average violent crime rate for
each one thousand in population in excess of one hundred fifty percent
of the statewide three-year average violent crime rate for each one
thousand in population. The three-year average violent crime rate
shall be calculated using the violent crime rates for each of the
preceding three years from the annual reports on crime in Washington
state as published by the Washington association of sheriffs and police
chiefs. Moneys shall be distributed under this subsection (1)(a)
ratably based on population as last determined by the office of
financial management, but no city may receive more than one dollar per
capita. Moneys remaining undistributed under this subsection at the
end of each calendar year shall be distributed to the criminal justice
training commission to reimburse participating city law enforcement
agencies with ten or fewer full-time commissioned patrol officers the
cost of temporary replacement of each officer who is enrolled in basic
law enforcement training, as provided in RCW 43.101.200.
(b) Sixteen percent shall be distributed to cities ratably based on
population as last determined by the office of financial management,
but no city may receive less than one thousand dollars.
The moneys deposited in the municipal criminal justice assistance
account for distribution under this subsection shall be distributed at
such times as distributions are made under RCW 82.44.150.
Moneys distributed under this subsection shall be expended
exclusively for criminal justice purposes and shall not be used to
replace or supplant existing funding. Criminal justice purposes are
defined as activities that substantially assist the criminal justice
system, which may include circumstances where ancillary benefit to the
civil justice system occurs, and which includes domestic violence
services such as those provided by domestic violence programs,
community advocates, and legal advocates, as defined in RCW 70.123.020.
Existing funding for purposes of this subsection is defined as calendar
year 1989 actual operating expenditures for criminal justice purposes.
Calendar year 1989 actual operating expenditures for criminal justice
purposes exclude the following: Expenditures for extraordinary events
not likely to reoccur, changes in contract provisions for criminal
justice services, beyond the control of the local jurisdiction
receiving the services, and major nonrecurring capital expenditures.
(2) In addition to the distributions under subsection (1) of this
section:
(a) Ten percent shall be distributed on a per capita basis to
cities that contract with another governmental agency for the majority
of the city's law enforcement services. Cities that subsequently
qualify for this distribution shall notify the department of community,
trade, and economic development by November 30th for the upcoming
calendar year. The department of community, trade, and economic
development shall provide a list of eligible cities to the state
treasurer by December 31st. The state treasurer shall modify the
distribution of these funds in the following year. Cities have the
responsibility to notify the department of community, trade, and
economic development of any changes regarding these contractual
relationships. Adjustments in the distribution formula to add or
delete cities may be made only for the upcoming calendar year; no
adjustments may be made retroactively.
(b) The remaining fifty-four percent shall be distributed to cities
and towns by the state treasurer on a per capita basis. These funds
shall be used for: (i) Innovative law enforcement strategies; (ii)
programs to help at-risk children or child abuse victim response
programs; and (iii) programs designed to reduce the level of domestic
violence or to provide counseling for domestic violence victims.
The moneys deposited in the municipal criminal justice assistance
account for distribution under this subsection, less any moneys
appropriated for purposes under subsection (4) of this section, shall
be distributed at the times as distributions are made under RCW
82.44.150. Moneys remaining undistributed under this subsection at the
end of each calendar year shall be distributed to the criminal justice
training commission to reimburse participating city law enforcement
agencies with ten or fewer full-time commissioned patrol officers the
cost of temporary replacement of each officer who is enrolled in basic
law enforcement training, as provided in RCW 43.101.200.
If a city is found by the state auditor to have expended funds
received under this subsection in a manner that does not comply with
the criteria under which the moneys were received, the city shall be
ineligible to receive future distributions under this subsection until
the use of the moneys are justified to the satisfaction of the director
or are repaid to the state general fund.
(3) Notwithstanding other provisions of this section, the
distributions to any city that substantially decriminalizes or repeals
its criminal code after July 1, 1990, and that does not reimburse the
county for costs associated with criminal cases under RCW 3.50.800 or
3.50.805(2), shall be made to the county in which the city is located.
(4) Not more than five percent of the funds deposited to the
municipal criminal justice assistance account shall be available for
appropriations for enhancements to the ((state patrol)) Washington
bureau of investigation crime laboratory system and the continuing
costs related to these enhancements. Funds appropriated from this
account for such enhancements shall not supplant existing funds from
the state general fund.
Sec. 861 RCW 82.36.060 and 2001 c 270 s 5 are each amended to
read as follows:
(1) An application for a license issued under this chapter shall be
made to the department on forms to be furnished by the department and
shall contain such information as the department deems necessary.
(2) Every application for a license must contain the following
information to the extent it applies to the applicant:
(a) Proof as the department may require concerning the applicant's
identity, including but not limited to his or her fingerprints or those
of the officers of a corporation making the application;
(b) The applicant's form and place of organization including proof
that the individual, partnership, or corporation is licensed to do
business in this state;
(c) The qualification and business history of the applicant and any
partner, officer, or director;
(d) The applicant's financial condition or history including a bank
reference and whether the applicant or any partner, officer, or
director has ever been adjudged bankrupt or has an unsatisfied judgment
in a federal or state court;
(e) Whether the applicant has been adjudged guilty of a crime that
directly relates to the business for which the license is sought and
the time elapsed since the conviction is less than ten years, or has
suffered a judgment within the preceding five years in a civil action
involving fraud, misrepresentation, or conversion and in the case of a
corporation or partnership, all directors, officers, or partners.
(3) An applicant for a license as a motor vehicle fuel importer
must list on the application each state, province, or country from
which the applicant intends to import motor vehicle fuel and, if
required by the state, province, or country listed, must be licensed or
registered for motor vehicle fuel tax purposes in that state, province,
or country.
(4) An applicant for a license as a motor vehicle fuel exporter
must list on the application each state, province, or country to which
the exporter intends to export motor vehicle fuel received in this
state by means of a transfer outside of the bulk transfer-terminal
system and, if required by the state, province, or country listed, must
be licensed or registered for motor vehicle fuel tax purposes in that
state, province, or country.
(5) An applicant for a license as a motor vehicle fuel supplier
must have a federal certificate of registry that is issued under the
internal revenue code and authorizes the applicant to enter into
federal tax-free transactions on motor vehicle fuel in the terminal
transfer system.
(6) After receipt of an application for a license, the director may
conduct an investigation to determine whether the facts set forth are
true. The director shall require a fingerprint record check of the
applicant through the Washington ((state patrol)) bureau of
investigation criminal identification system and the federal bureau of
investigation before issuance of a license. The results of the
background investigation including criminal history information may be
released to authorized department personnel as the director deems
necessary. The department shall charge a license holder or license
applicant a fee of fifty dollars for each background investigation
conducted.
An applicant who makes a false statement of a material fact on the
application may be prosecuted for false swearing as defined by RCW
9A.72.040.
(7) Except as provided by subsection (8) of this section, before
granting any license issued under this chapter, the department shall
require applicant to file with the department, in such form as shall be
prescribed by the department, a corporate surety bond duly executed by
the applicant as principal, payable to the state and conditioned for
faithful performance of all the requirements of this chapter, including
the payment of all taxes, penalties, and other obligations arising out
of this chapter. The total amount of the bond or bonds shall be fixed
by the department and may be increased or reduced by the department at
any time subject to the limitations herein provided. In fixing the
total amount of the bond or bonds, the department shall require a bond
or bonds equivalent in total amount to twice the estimated monthly
excise tax determined in such manner as the department may deem proper.
If at any time the estimated excise tax to become due during the
succeeding month amounts to more than fifty percent of the established
bond, the department shall require additional bonds or securities to
maintain the marginal ratio herein specified or shall demand excise tax
payments to be made weekly or semimonthly to meet the requirements
hereof.
The total amount of the bond or bonds required of any licensee
shall never be less than five thousand dollars nor more than one
hundred thousand dollars.
No recoveries on any bond or the execution of any new bond shall
invalidate any bond and no revocation of any license shall effect the
validity of any bond but the total recoveries under any one bond shall
not exceed the amount of the bond.
In lieu of any such bond or bonds in total amount as herein fixed,
a licensee may deposit with the state treasurer, under such terms and
conditions as the department may prescribe, a like amount of lawful
money of the United States or bonds or other obligations of the United
States, the state, or any county of the state, of an actual market
value not less than the amount so fixed by the department.
Any surety on a bond furnished by a licensee as provided herein
shall be released and discharged from any and all liability to the
state accruing on such bond after the expiration of thirty days from
the date upon which such surety has lodged with the department a
written request to be released and discharged, but this provision shall
not operate to relieve, release, or discharge the surety from any
liability already accrued or which shall accrue before the expiration
of the thirty day period. The department shall promptly, upon
receiving any such request, notify the licensee who furnished the bond;
and unless the licensee, on or before the expiration of the thirty day
period, files a new bond, or makes a deposit in accordance with the
requirements of this section, the department shall forthwith cancel the
license. Whenever a new bond is furnished by a licensee, the
department shall cancel the old bond as soon as the department and the
attorney general are satisfied that all liability under the old bond
has been fully discharged.
The department may require a licensee to give a new or additional
surety bond or to deposit additional securities of the character
specified in this section if, in its opinion, the security of the
surety bond theretofore filed by such licensee, or the market value of
the properties deposited as security by the licensee, shall become
impaired or inadequate; and upon the failure of the licensee to give
such new or additional surety bond or to deposit additional securities
within thirty days after being requested so to do by the department,
the department shall forthwith cancel his or her license.
(8) The department may waive the requirements of subsection (7) of
this section for licensed distributors if, upon determination by the
department, the licensed distributor has sufficient resources, assets,
other financial instruments, or other means, to adequately make
payments on the estimated monthly motor vehicle fuel tax payments,
penalties, and interest arising out of this chapter. The department
shall adopt rules to administer this subsection.
Sec. 862 RCW 82.38.110 and 2002 c 352 s 26 are each amended to
read as follows:
(1) Application for a license issued under this chapter shall be
made to the department. The application shall be filed upon a form
prepared and furnished by the department and shall contain such
information as the department deems necessary.
(2) Every application for a special fuel license, other than an
application for a dyed special fuel user or international fuel tax
agreement license, must contain the following information to the extent
it applies to the applicant:
(a) Proof as the department shall require concerning the
applicant's identity, including but not limited to his or her
fingerprints or those of the officers of a corporation making the
application;
(b) The applicant's form and place of organization including proof
that the individual, partnership, or corporation is licensed to do
business in this state;
(c) The qualification and business history of the applicant and any
partner, officer, or director;
(d) The applicant's financial condition or history including a bank
reference and whether the applicant or any partner, officer, or
director has ever been adjudged bankrupt or has an unsatisfied judgment
in a federal or state court;
(e) Whether the applicant has been adjudged guilty of a crime that
directly relates to the business for which the license is sought and
the time elapsed since the conviction is less than ten years, or has
suffered a judgment within the preceding five years in a civil action
involving fraud, misrepresentation, or conversion and in the case of a
corporation or partnership, all directors, officers, or partners.
(3) An applicant for a license as a special fuel importer must list
on the application each state, province, or country from which the
applicant intends to import fuel and, if required by the state,
province, or country listed, must be licensed or registered for special
fuel tax purposes in that state, province, or country.
(4) An applicant for a license as a special fuel exporter must list
on the application each state, province, or country to which the
exporter intends to export special fuel received in this state by means
of a transfer outside the bulk transfer-terminal system and, if
required by the state, province, or country listed, must be licensed or
registered for special fuel tax purposes in that state, province, or
country.
(5) An applicant for a license as a special fuel supplier must have
a federal certificate of registry that is issued under the internal
revenue code and authorizes the applicant to enter into federal tax-free transactions on special fuel in the terminal transfer system.
(6) After receipt of an application for a license, the director
shall conduct an investigation to determine whether the facts set forth
are true. The director shall require a fingerprint record check of the
applicant through the Washington ((state patrol)) bureau of
investigation criminal identification system and the federal bureau of
investigation before issuance of a license. The results of the
background investigation including criminal history information may be
released to authorized department personnel as the director deems
necessary. The department shall charge a license holder or license
applicant a fee of fifty dollars for each background investigation
conducted.
(7) An applicant who makes a false statement of a material fact on
the application may be prosecuted for false swearing as defined by RCW
9A.72.040.
(8) A special fuel license may not be issued to any person or
continued in force unless such person has furnished bond, as defined in
RCW 82.38.020, in such form as the department may require, to secure
his or her compliance with this chapter, and the payment of any and all
taxes, interest, and penalties due and to become due hereunder. The
requirement of furnishing a bond may be waived: (a) For special fuel
distributors who only deliver special fuel into the fuel tanks of
marine vessels; (b) for dyed special fuel users; (c) for persons issued
licenses under the international fuel tax agreement; or (d) for
licensed special fuel distributors who, upon determination by the
department, have sufficient resources, assets, other financial
instruments, or other means to adequately make payments on the
estimated monthly motor vehicle fuel tax payments, penalties, and
interest arising out of this chapter. The department shall adopt rules
to administer this section.
(9) The department may require a licensee to post a bond if the
licensee, after having been licensed, has failed to file timely reports
or has failed to remit taxes due, or when an investigation or audit
indicates problems severe enough that the department, in its
discretion, determines that a bond is required to protect the interests
of the state. The department may also adopt rules prescribing
conditions that, in the department's discretion, require a bond to
protect the interests of the state.
(10) The total amount of the bond or bonds required of any licensee
shall be equivalent to three times the estimated monthly fuel tax,
determined in such manner as the department may deem proper: PROVIDED,
That those licensees having held a special fuel license for five or
more years without having said license suspended or revoked by the
department shall be permitted to reduce the amount of their bond to
twice the estimated monthly tax liability: PROVIDED FURTHER, That the
total amount of the bond or bonds shall never be less than five hundred
dollars nor more than one hundred thousand dollars.
(11) An application for a dyed special fuel user license must be
made to the department. The application must be filed upon a form
prescribed by the department and contain such information as the
department deems necessary.
(12) An application for an international fuel tax agreement license
must be made to the department. The application must be filed upon a
form prescribed by the department and contain such information as the
department may require. The department shall charge a fee of ten
dollars per set of International Fuel Tax Agreement decals issued to
each applicant or licensee. The department shall transmit the fee to
the state treasurer for deposit in the motor vehicle fund.
Sec. 863 RCW 82.42.040 and 1996 c 104 s 14 are each amended to
read as follows:
The director shall by rule and regulation adopted as provided in
chapter 34.05 RCW (Administrative Procedure Act) set up the necessary
administrative procedure for collection by the department of the
aircraft fuel excise tax as provided for in RCW 82.42.020, placing the
responsibility of collection of said tax upon every distributor of
aircraft fuel within the state; he may require the licensing of every
distributor of aircraft fuel and shall require such a corporate surety
bond or security of any distributor or person not otherwise bonded
under provisions of chapter 82.36 RCW as is provided for distributors
of motor vehicle fuel under RCW 82.36.060; he shall provide such forms
and may require such reports or statements as in his determination
shall be necessary for the proper administration of this chapter. The
director may require such records to be kept, and for such periods of
time, as deemed necessary for the administration of this chapter, which
records shall be available at all times for the director or his
representative who may require a statement under oath as to the
contents thereof.
Every application for a distributor's license must contain the
following information to the extent it applies to the applicant:
(1) Proof as the department may require concerning the applicant's
identity, including but not limited to his or her fingerprints or those
of the officers of a corporation making the application;
(2) The applicant's form and place of organization including proof
that the individual, partnership, or corporation is licensed to do
business in this state;
(3) The qualification and business history of the applicant and any
partner, officer, or director;
(4) The applicant's financial condition or history including a bank
reference and whether the applicant or any partner, officer, or
director has ever been adjudged bankrupt or has an unsatisfied judgment
in a federal or state court;
(5) Whether the applicant has been adjudged guilty of a crime that
directly relates to the business for which the license is sought and
the time elapsed since the conviction is less than ten years, or has
suffered a judgment within the preceding five years in a civil action
involving fraud, misrepresentation, or conversion and in the case of a
corporation or partnership, all directors, officers, or partners.
After receipt of an application for a license, the director may
conduct an investigation to determine whether the facts set forth are
true. The director may require a fingerprint record check of the
applicant through the Washington ((state patrol)) bureau of
investigation criminal identification system and the federal bureau of
investigation before issuance of a license. The results of the
background investigation including criminal history information may be
released to authorized department personnel as the director deems
necessary. The department shall charge a license holder or license
applicant a fee of fifty dollars for each background investigation
conducted.
An applicant who makes a false statement of a material fact on the
application may be prosecuted for false swearing as defined by RCW
9A.72.040.
NEW SECTION. Sec. 901 The following sections are each recodified
in the new chapter created in section 906 of this act, under the
subchapter headings provided in this section.
General Provisions
RCW 43.43.020
RCW 43.43.030
RCW 43.43.050
RCW 43.43.060
RCW 43.43.070
RCW 43.43.080
RCW 43.43.090
RCW 43.43.100
RCW 43.43.110
RCW 43.43.115
RCW 43.43.550
RCW 43.43.952
RCW 43.43.960
RCW 43.43.961
RCW 43.43.962
RCW 43.43.963
RCW 43.43.964
RCW 43.43.970
RCW 43.43.971
RCW 43.43.972
RCW 43.43.973
RCW 43.43.974
RCW 43.43.975
Bureau of Fire Protection
RCW 43.43.930
RCW 43.43.932
RCW 43.43.934
RCW 43.43.936
RCW 43.43.938
RCW 43.43.940
RCW 43.43.942
RCW 43.43.944
RCW 43.43.946
RCW 43.43.948
Washington Bureau of Investigation
RCW 43.43.500
RCW 43.43.510
RCW 43.43.530
RCW 43.43.540
RCW 43.43.560
RCW 43.43.565
RCW 43.43.570
RCW 43.43.670
RCW 43.43.680
RCW 43.43.690
RCW 43.43.700
RCW 43.43.705
RCW 43.43.710
RCW 43.43.715
RCW 43.43.720
RCW 43.43.725
RCW 43.43.730
RCW 43.43.735
RCW 43.43.740
RCW 43.43.742
RCW 43.43.745
RCW 43.43.750
RCW 43.43.752
RCW 43.43.753
RCW 43.43.7532
RCW 43.43.754
RCW 43.43.7541
RCW 43.43.756
RCW 43.43.758
RCW 43.43.759
RCW 43.43.760
RCW 43.43.765
RCW 43.43.770
RCW 43.43.810
RCW 43.43.815
RCW 43.43.820
RCW 43.43.830
RCW 43.43.832
RCW 43.43.8321
RCW 43.43.833
RCW 43.43.834
RCW 43.43.836
RCW 43.43.838
RCW 43.43.839
RCW 43.43.840
RCW 43.43.845
RCW 43.43.854
RCW 43.43.856
RCW 43.43.858
RCW 43.43.860
RCW 43.43.862
RCW 43.43.864
RCW 43.43.866
RCW 43.43.880
Washington State Patrol
RCW 43.43.015
RCW 43.43.035
RCW 43.43.111
RCW 43.43.112
RCW 43.43.330
RCW 43.43.340
RCW 43.43.350
RCW 43.43.360
RCW 43.43.370
RCW 43.43.390
RCW 43.43.400
RCW 43.43.480
RCW 43.43.490
Miscellaneous
RCW 43.43.900
RCW 43.43.910
RCW 43.43.911
NEW SECTION. Sec. 902 The following sections are each recodified
as a new chapter in Title 41 RCW for the state patrol retirement
system:
RCW 43.43.040
RCW 43.43.120
RCW 43.43.130
RCW 43.43.135
RCW 43.43.137
RCW 43.43.138
RCW 43.43.139
RCW 43.43.165
RCW 43.43.220
RCW 43.43.230
RCW 43.43.235
RCW 43.43.250
RCW 43.43.260
RCW 43.43.263
RCW 43.43.264
RCW 43.43.270
RCW 43.43.271
RCW 43.43.274
RCW 43.43.278
RCW 43.43.280
RCW 43.43.285
RCW 43.43.290
RCW 43.43.295
RCW 43.43.310
RCW 43.43.320
NEW SECTION. Sec. 903 RCW 43.43.842 is recodified as a new
section in chapter 43.20A RCW.
NEW SECTION. Sec. 904 The following RCW sections are decodified:
RCW 43.43.775, 43.43.780, 43.43.785, 43.43.800, 43.43.852, 43.43.870,
43.89.040, and 43.89.050.
NEW SECTION. Sec. 905 The following acts or parts of acts are
each repealed:
(1) RCW 41.06.093 (Washington state patrol -- Certain personnel
exempted from chapter) and 1993 c 281 s 24 & 1990 c 14 s 1;
(2) RCW 43.43.010 (Patrol created) and 1965 c 8 s 43.43.010;
(3) RCW 43.43.037 (Legislature -- Security and protection -- Duty to
provide) and 1965 ex.s. c 96 s 2;
(4) RCW 43.43.380 (Minimum salaries) and 1965 c 8 s 43.43.380;
(5) RCW 43.43.600 (Drug control assistance unit -- Created) and 1970
ex.s. c 63 s 1;
(6) RCW 43.43.610 (Drug control assistance unit -- Duties) and 1983
c 3 s 107, 1980 c 69 s 1, & 1970 ex.s. c 63 s 2;
(7) RCW 43.43.620 (Drug control assistance unit -- Additional
duties -- Information system on violations -- Inter-unit communications
network) and 1970 ex.s. c 63 s 3;
(8) RCW 43.43.630 (Drug control assistance unit -- Use of existing
facilities and systems) and 1970 ex.s. c 63 s 4;
(9) RCW 43.43.640 (Drug control assistance unit -- Certain
investigators exempt from state civil service act) and 1980 c 69 s 3 &
1970 ex.s. c 63 s 5;
(10) RCW 43.43.650 (Drug control assistance unit -- Employment of
necessary personnel) and 1970 ex.s. c 63 s 6;
(11) RCW 43.43.655 (Drug control assistance unit -- Special narcotics
enforcement unit) and 1989 c 271 s 235; and
(12) RCW 43.43.850 (Organized crime intelligence unit -- Created) and
1973 1st ex.s. c 202 s 1.
NEW SECTION. Sec. 906 Sections 1, 101 through 113, and 123 of
this act constitute a new chapter in Title 43 RCW.
NEW SECTION. Sec. 907 Part headings used in this act are not any
part of the law.
NEW SECTION. Sec. 908 Section 611 of this act expires July 1,
2013.
NEW SECTION. Sec. 909 (1) Except for section 612 of this act,
this act takes effect July 1, 2007.
(2) Section 612 of this act takes effect July 1, 2013.