_______________________________________________
SUBSTITUTE
HOUSE BILL 1939
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Passed
Legislature - 1998 Regular Session
State
of Washington 55th Legislature 1998 Regular Session
By
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.
Passed the House February 13, 1998.
Passed the Senate March 12, 1998.
Approved by the Governor
April 3, 1998.
Filed
in Office of Secretary of State April 3, 1998.
