BP BHEAD INT H [atlas:bill]

AN ACT Relating to state certification and training for liquor control board officers; amending RCW 66.44.010 and 43.101.010; and adding a new section to chapter 43.101 RCW.

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

Sec. 1. RCW 66.44.010 and 1998 c 18 s 1 are each amended to read as follows:

(1) All county and municipal peace officers are hereby charged with the duty of investigating and prosecuting all violations of this title, and the penal laws of this state relating to the manufacture, importation, transportation, possession, distribution and sale of liquor, and all fines imposed for violations of this title and the penal laws of this state relating to the manufacture, importation, transportation, possession, distribution and sale of liquor shall belong to the county, city or town wherein the court imposing the fine is located, and shall be placed in the general fund for payment of the salaries of those engaged in the enforcement of the provisions of this title and the penal laws of this state relating to the manufacture, importation, transportation, possession, distribution and sale of liquor: PROVIDED, That all fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended.

(2) In addition to any and all other powers granted, the board shall have the power to enforce the penal provisions of this title and the penal laws of this state relating to the manufacture, importation, transportation, possession, distribution and sale of liquor.

(3) In addition to the other duties under this section, the board shall enforce chapters 82.24 and 82.26 RCW.

(4) The board may appoint and employ, assign to duty and fix the compensation of, officers to be designated as liquor enforcement officers. Such liquor enforcement officers shall have the power, under the supervision of the board, to enforce the penal provisions of this title and the penal laws of this state relating to the manufacture, importation, transportation, possession, distribution and sale of liquor. Once certified by the criminal justice training commission under subsection (5) of this section and section 3 of this act, they shall have the power and authority to serve and execute all warrants and process of law issued by the courts in enforcing the penal provisions of this title or of any penal law of this state ((~~relating to the manufacture, importation, transportation, possession, distribution and sale of liquor, and the provisions of chapters 82.24 and 82.26 RCW~~)). They shall have the power to arrest without a warrant any person or persons found in the act of violating any of the penal provisions of this title or of any penal law of this state ((~~relating to the manufacture, importation, transportation, possession, distribution and sale of liquor, and the provisions of chapters 82.24 and 82.26 RCW~~)).

(5)(a) All liquor enforcement officers employed on or after the effective date of this act shall, as a condition of continued employment, engage in basic law enforcement officer training provided by the criminal justice training commission. An officer employed on or after the effective date of this act shall not engage in any enforcement duties until the officer has been certified as having successfully completed the training.

(b) Liquor enforcement officers employed prior to the effective date of this act shall attend and successfully complete an equivalency basic law enforcement training program developed by the criminal justice training commission under section 3 of this act. Law enforcement training for liquor enforcement officers employed prior to the effective date of this act shall be phased in over time. The liquor control board shall adopt a policy specifying the number of officers who shall attend basic law enforcement training per year, and the procedure for selecting the order and timing of officers sent to the training.

Sec. 2. RCW 43.101.010 and 1981 c 132 s 2 are each amended to read as follows:

When used in this chapter:

(1) ((~~The term~~)) "Commission" means the Washington state criminal justice training commission.

(2) ((~~The term~~)) "Boards" means the education and training standards boards, the establishment of which are authorized by this chapter.

(3) ((~~The term~~)) "Criminal justice personnel" means any person who serves in a county, city, state, or port commission agency engaged in crime prevention, crime reduction, or enforcement of the criminal law.

(4) ((~~The term~~)) "Law enforcement personnel" means any public employee or volunteer having as a primary function the enforcement of criminal laws in general or any employee or volunteer of, or any individual commissioned by, any municipal, county, state, or combination thereof, agency having as its primary function the enforcement of criminal laws in general as distinguished from an agency possessing peace officer powers, the primary function of which is the implementation of specialized subject matter areas. For the purposes of this subsection "primary function" means that function to which the greater allocation of resources is made.

(5) ((~~The term~~)) "Correctional personnel" means any employee or volunteer who by state, county, municipal, or combination thereof, statute has the responsibility for the confinement, care, management, training, treatment, education, supervision, or counseling of those individuals whose civil rights have been limited in some way by legal sanction.

(6) "Liquor enforcement officer" means an officer employed or appointed by the liquor control board under RCW 66.44.010.

NEW SECTION. Sec. 3. A new section is added to chapter 43.101 RCW to read as follows:

(1) The commission shall provide basic law enforcement training to all liquor enforcement officers initially employed on or after the effective date of this act. The commission shall certify that the liquor enforcement officer has successfully completed the training before the liquor enforcement officer engages in any enforcement activities.

(2) The commission shall provide an equivalency basic law enforcement training program for liquor enforcement officers employed prior to the effective date of this act. The commission shall develop an equivalency training program of no more than one hundred sixty hours taking into consideration the types of experiences of and training received by experienced liquor enforcement officers.