CERTIFICATION OF ENROLLMENT

                   SUBSTITUTE HOUSE BILL 1939

                        55th Legislature

                      1998 Regular Session

Passed by the House February 13, 1998  Yeas 96   Nays 0 Speaker of the       House of Representatives Passed by the Senate March 12, 1998   Yeas 48   Nays 0

CERTIFICATE I, Timothy A. Martin, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1939  as passed by the House of Representatives and the Senate on the dates hereon set forth.

President of the Senate

Chief Clerk

Approved Place Style On Codes above, and Style Off Codes below.

FILED

Governor of the State of Washington

Secretary of State                   State of Washington

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                    SUBSTITUTE HOUSE BILL 1939

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             Passed Legislature - 1998 Regular Session

State of Washington      55th Legislature     1998 Regular Session

By House Committee on Government Administration (originally sponsored by Representatives Ogden, Cooper, Lantz, Anderson, Scott, O'Brien, Hatfield, Blalock, Kessler, Conway, Cody and Gardner)

Read first time 01/20/98.  Referred to Committee on .

Covering reserve law enforcement officers under volunteer fire fighters relief benefits.

    AN ACT Relating to covering reserve law enforcement officers under volunteer fire fighters relief benefits; amending RCW 41.24.400; and adding new sections to chapter 41.24 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 41.24 RCW to read as follows:

    A municipality employing reserve officers may adopt appropriate legislation extending disability and death benefits under this chapter to their reserve officers.  Disability and death benefits under this chapter may not be extended to reserve officers if the municipality has extended industrial insurance coverage to its reserve officers under RCW 51.12.140 or 51.12.035(2), or any other provision of law.  A municipality that adopts appropriate legislation extending disability and death benefits to its reserve officers under RCW 41.24.150 and 41.24.160 shall enjoy the same extent of immunity from civil actions for personal injuries to its reserve officers that arises if the reserve officers were covered under Title 51 RCW.

    Each municipality that adopts appropriate legislation extending disability and death benefits under this chapter to its reserve officers must pay all fees established under section 3 of this act established for this coverage.

NEW SECTION. Sec. 2.  A new section is added to chapter 41.24 RCW to read as follows:

    A municipality that adopts appropriate legislation providing its reserve officers with disability and death benefits under RCW 41.24.150 and 41.24.160 shall create a reserve officer board of trustees to administer this chapter composed as follows:

    (1) A county reserve officer board of trustees shall consist of the following five members:  (a) Two members of the county legislative authority and the county auditor, or their designees; (b) the sheriff; and (c) one reserve officer who is elected by reserve officers of the county for an annual one-year term.

    (2) Any other reserve officer board of trustees shall consist of the following five members:  (a) The mayor, if one exists for the municipality, and one member of the municipality's legislative authority, or two members of the municipality's legislative authority if a mayor does not exist for the municipality, or their designees; (b) the clerk, comptroller, or chief fiscal officer of the municipality; (c) the head of the law enforcement agency; and (d) one reserve officer who is elected by reserve officers of the municipality for an annual term of one year.

NEW SECTION. Sec. 3.  A new section is added to chapter 41.24 RCW to read as follows:

    The state board shall set the amount of fees that each municipality must pay to fully finance the costs of providing disability and death benefits for its reserve officers under RCW 41.24.150 and 41.24.160 if the municipality has adopted appropriate legislation providing its reserve officers with such benefits.

    Sec. 4.  RCW 41.24.400 and 1995 c 11 s 2 are each amended to read as follows:

    (1) Except as provided in subsection (2) of this section, any municipality may make provision by appropriate legislation and payment of fees required by RCW 41.24.030(1)(d) solely for the purpose of enabling any reserve officer to enroll under the retirement provisions of this chapter or fees required under section 3 of this act to pay for the costs of extending disability and death benefits to its reserve officers.

    (2) A reserve officer is not eligible to receive a benefit under the retirement provisions of this chapter for service under chapter 41.26, 41.32, or 41.40 RCW.

    (3) Every municipality shall make provisions for the collection and payment of the fees required under this chapter, and shall continue to make provisions for all reserve officers who come under this chapter as long as they continue to be employed as reserve officers.

    (4) Except as provided under section 1 of this act, a reserve officer is not eligible to receive a benefit under the relief and compensation provisions of this chapter.

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