BILL REQ. #: H-0848.1
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/19/11. Referred to Committee on Public Safety & Emergency Preparedness.
AN ACT Relating to park rangers employed by the state parks and recreation commission; and amending RCW 10.93.020, 10.93.140, 41.26.030, 79A.05.160, and 43.101.180.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 10.93.020 and 2006 c 284 s 16 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 state parks and recreation commission, 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, the office
of the insurance commissioner, 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. 2 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, the state parks and recreation
commission, 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. 3 RCW 41.26.030 and 2010 2nd sp.s. c 1 s 903 are each
amended to read as follows:
As used in this chapter, unless a different meaning is plainly
required by the context:
(1) "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.
(2) "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.
(3) "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.
(4)(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.
(5)(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.
(6)(a) "Child" or "children" means an unmarried person who is under
the age of eighteen or mentally or physically disabled as determined by
the department, except a person who is disabled and 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.
(7) "Department" means the department of retirement systems created
in chapter 41.50 RCW.
(8) "Director" means the director of the department.
(9) "Disability board" for plan 1 members means either the county
disability board or the city disability board established in RCW
41.26.110.
(10) "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.
(11) "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.
(12) "Domestic partners" means two adults who have registered as
domestic partners under RCW 26.60.020.
(13) "Employee" means any law enforcement officer or firefighter as
defined in subsections (16) and (18) of this section.
(14)(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 firefighter, 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
firefighters 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 firefighters 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
firefighter:
(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.
(15)(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.
(c) In calculating final average salary under (a) or (b) of this
subsection, the department of retirement systems shall include any
compensation forgone by a member employed by a state agency or
institution during the 2009-2011 fiscal biennium as a result of reduced
work hours, mandatory or voluntary leave without pay, temporary
reduction in pay implemented prior to December 11, 2010, or temporary
layoffs if the reduced compensation is an integral part of the
employer's expenditure reduction efforts, as certified by the employer.
(16) "Firefighter" 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 firefighter, and who is actively employed as such;
(b) Anyone who is actively employed as a full time firefighter
where the fire department does not have a civil service examination;
(c) Supervisory firefighter 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 (16)(d) shall not apply to plan 2 members;
(e) The executive secretary of a labor guild, association or
organization (which is an employer under subsection (14) of this
section), 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 (16)(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 firefighter;
(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.
(17) "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 state parks and
recreation commission. 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.
(18) "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 subsection (14) of this section) if that individual has
five years previous membership in the retirement system established in
chapter 41.20 RCW. The provisions of this subsection (18)(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 (18)(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.
(19) "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.
(20) "Member" means any firefighter, law enforcement officer, or
other person as would apply under subsections (16) or (18) of this
section whose membership is transferred to the Washington law
enforcement officers' and firefighters' retirement system on or after
March 1, 1970, and every law enforcement officer and firefighter who is
employed in that capacity on or after such date.
(21) "Plan 1" means the law enforcement officers' and firefighters'
retirement system, plan 1 providing the benefits and funding provisions
covering persons who first became members of the system prior to
October 1, 1977.
(22) "Plan 2" means the law enforcement officers' and firefighters'
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.
(23) "Position" means the employment held at any particular time,
which may or may not be the same as civil service rank.
(24) "Regular interest" means such rate as the director may
determine.
(25) "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.
(26) "Retirement fund" means the "Washington law enforcement
officers' and firefighters' retirement system fund" as provided for
herein.
(27) "Retirement system" means the "Washington law enforcement
officers' and firefighters' retirement system" provided herein.
(28)(a) "Service" for plan 1 members, means all periods of
employment for an employer as a firefighter 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 firefighter 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.
(29) "Service credit month" means a full service credit month or an
accumulation of partial service credit months that are equal to one.
(30) "Service credit year" means an accumulation of months of
service credit which is equal to one when divided by twelve.
(31) "State actuary" or "actuary" means the person appointed
pursuant to RCW 44.44.010(2).
(32) "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.
(33) "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.
Sec. 4 RCW 79A.05.160 and 1965 c 8 s 43.51.170 are each amended
to read as follows:
(1) The members of the state parks and recreation commission and
such of its employees as the commission may designate shall be vested
with police powers to enforce the laws of this state.
(2) Park rangers vested with police powers by the commission shall
enforce this title, rules of the commission, and other statutes as
prescribed by the legislature. When prescribed by the commission, park
rangers shall have and exercise, throughout the state, police powers
and duties as are vested in sheriffs and peace officers generally.
(3) An applicant for a park ranger position must be a citizen of
the United States of America who can read and write the English
language. All park rangers hired after the effective date of this
section are law enforcement personnel as defined in RCW 43.101.010(4).
Such park rangers must successfully complete the basic law enforcement
academy course, known as the basic course, sponsored by the criminal
justice training commission, or the basic law enforcement equivalency
certification, known as the equivalency course, provided by the
criminal justice training commission.
(4) Park rangers are peace officers. However, nothing in this
section or RCW 10.93.020 confers membership to such officers in the
Washington law enforcement officers' and fire fighters' retirement
system under chapter 41.26 RCW.
(5) Any liability or claim of liability under chapter 4.92 RCW that
arises out of the exercise or alleged exercise of authority by a park
ranger rests with the commission unless the park ranger acts under the
direction and control of another agency, or unless the liability is
otherwise assumed under an agreement between the commission and another
agency.
(6) Park rangers may serve and execute warrants and processes
issued by the courts.
Sec. 5 RCW 43.101.180 and 1981 c 136 s 27 are each amended to
read as follows:
The first priority of the commission shall be to provide for basic
law enforcement training, corrections training, and education programs.
General authority peace officers of the state parks and recreation
commission shall have equal priority for enrollment in the
commissions's law enforcement training as any other general authority
law enforcement officer. In addition, the commission shall provide
training programs for other criminal justice personnel.