S-3454               _______________________________________________

 

                                                   SENATE BILL NO. 6297

                        _______________________________________________

 

State of Washington                               51st Legislature                              1990 Regular Session

 

By Senator Smitherman

 

 

Read first time 1/10/90 and referred to Committee on  Higher Education.

 

 


AN ACT Relating to armed police forces at institutions of higher education; amending RCW 28B.10.550, 28B.10.555, 43.101.200, 28B.10.560, and 28B.10.567; and adding a new section to chapter 28B.10 RCW.

 

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

 

        Sec. 1.  Section 28B.10.550, chapter 223, Laws of 1969 ex. sess. as amended by section 24, chapter 169, Laws of 1977 ex. sess. and RCW 28B.10.550 are each amended to read as follows:

          The boards of regents of the state universities, and the boards of trustees of the regional universities ((or of)), The Evergreen State College, acting independently and each on behalf of its own institution:

          (1) ((May)) Shall each establish ((a)) an armed and fully commissioned police force for its own institution, which force shall function under such conditions and regulations as the board prescribes; and

          (2) ((May)) Shall supply appropriate badges and uniforms indicating the positions and authority of the members of such police force.

 

          NEW SECTION.  Sec. 2.  A new section is added to chapter 28B.10 RCW to read as follows:

          The boards of trustees of community colleges, acting independently and each on behalf of its own institution:

          (1) May establish a fully commissioned police force for its own institution, which force shall function under such conditions and regulations as the board prescribes; and

          (2) May supply appropriate badges and uniforms indicating the positions and authority of the members of such police force.

 

        Sec. 3.  Section 28B.10.555, chapter 223, Laws of 1969 ex. sess. and RCW 28B.10.555 are each amended to read as follows:

          The members of a police force established under authority of RCW 28B.10.550 or section 2 of this act, when appointed and duly sworn:

          (1) Shall be general authority peace officers of the state as defined in chapter 10.93 RCW and have such police powers as are vested in sheriffs and peace officers generally under the laws of this state; and

          (2) May exercise such powers upon state lands devoted mainly to the educational or research activities of the institution to which they were appointed; and

          (3) Shall have power to pursue and arrest beyond the limits of such state lands, if necessary, all or any violators of the rules or regulations herein provided for; and

          (4) Shall be subject to the education and training requirements for law enforcement personnel established under chapter 43.101 RCW.

 

        Sec. 4.  Section 2, chapter 212, Laws of 1977 ex. sess. as amended by section 2, chapter 299, Laws of 1989 and RCW 43.101.200 are each amended to read as follows:

          (1) All law enforcement personnel, except volunteers, and reserve officers whether paid or unpaid, initially employed on or after January 1, 1978, and all members of a police force established under RCW 28B.10.550 or section 2 of this act, shall engage in basic law enforcement training which complies with standards adopted by the commission pursuant to RCW 43.101.080 and 43.101.160.  For personnel initially employed before January 1, 1990, such training shall be successfully completed during the first fifteen  months of employment of such personnel unless otherwise extended or waived by the commission and shall be requisite to the continuation of such employment.  Personnel initially employed on or after January 1, 1990, shall commence basic training during the first six months of employment unless the basic training requirement is otherwise waived or extended by the commission.  Successful completion of basic training is requisite to the continuation of employment of such personnel initially employed on or after January 1, 1990.

          (2) The commission shall provide the aforementioned training together with necessary facilities, supplies, materials, and the board and room of noncommuting attendees for seven days per week.  Additionally, the commission shall reimburse to participating law enforcement agencies with ten or less full-time commissioned patrol officers the cost of temporary replacement of each officer who is enrolled in basic law enforcement training:  PROVIDED, That such reimbursement shall include only the actual cost of temporary replacement not to exceed the total amount of salary and benefits received by the replaced officer during his training period.

 

        Sec. 5.  Section 28B.10.560, chapter 223, Laws of 1969 ex. sess. as last amended by section 1, chapter 221, Laws of 1983 and RCW 28B.10.560 are each amended to read as follows:

          (1) The boards of regents of the state universities, and the boards of trustees of the regional universities ((and of)), The Evergreen State College, and community college districts, acting independently and each on behalf of its own institution, may each:

          (a) Establish and promulgate rules and regulations governing pedestrian traffic and vehicular traffic and parking upon lands and facilities of the university or college;

          (b)  Adjudicate matters involving parking infractions internally; and

          (c)  Collect and retain any penalties so imposed.

          (2)  If the rules or regulations promulgated under subsection (1) of this section provide for internal adjudication of parking infractions, a person charged with a parking infraction who deems himself or herself aggrieved by the final decision in an internal adjudication may, within ten days after written notice of the final decision, appeal by filing a written notice thereof with the college or university police force.  Documents relating to the appeal shall immediately be forwarded to the district court in the county in which the offense was committed, which court shall have jurisdiction over such offense and such appeal shall be heard de novo.

 

        Sec. 6.  Section 1, chapter 81, Laws of 1975-'76 2nd ex. sess. as last amended by section 2, chapter 185, Laws of 1987 and RCW 28B.10.567 are each amended to read as follows:

          The boards of regents of the state universities and ((board)) the boards of trustees of the regional universities ((and the board of trustees of)), The Evergreen State College, and community college districts are authorized and empowered, under such rules and regulations as any such board may prescribe for the duly sworn police officers employed by any such board as members of a police force established pursuant to RCW 28B.10.550, to provide for the payment of death or disability benefits or medical expense reimbursement for death, disability, or injury of any such duly sworn police officer who, in the line of duty, loses his life or becomes disabled or is injured, and for the payment of such benefits to be made to any such duly sworn police officer or his surviving spouse or the legal guardian of his child or children, as defined in RCW 41.26.030(7), or his estate:  PROVIDED, That the duty-related benefits authorized by this section shall in no event be greater than the benefits authorized on June 25, 1976 for duty-related death, disability, or injury of a law enforcement officer under chapter 41.26 RCW:  PROVIDED FURTHER, That the duty-related benefits authorized by this section shall be reduced to the extent of any amounts received or eligible to be received on account of the duty-related death, disability, or injury to any such duly sworn police officer, his surviving spouse, the legal guardian of his child or children, or his estate, under workers' compensation, social security including the changes incorporated under Public Law 89-97 as now or hereafter amended, or disability income insurance and health care plans under chapter 41.05 RCW.