AN
ACT Relating to the state toxicology laboratory; amending RCW 43.103.010,
43.103.020, 43.103.030, 43.103.090, 43.43.670, and 68.50.107; reenacting and
amending RCW 66.08.180; creating a new section; providing an effective date;
and declaring an emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. (1)
All powers, duties, and functions of the state toxicology laboratory are
transferred to the bureau of forensic laboratory services of the Washington
state patrol.
(2)(a)
All reports, documents, surveys, books, records, files, papers, or written
material in the possession of either the state toxicology laboratory or the
state toxicologist pertaining to the powers, functions, and duties transferred
shall be delivered to the custody of the Washington state patrol. All
cabinets, furniture, office equipment, motor vehicles, and other tangible
property employed by the state toxicology laboratory or the state toxicologist
in carrying out the powers, functions, and duties transferred shall be
delivered into the custody of the Washington state patrol. All funds, credits,
or other assets held in connection with the powers, functions, and duties
transferred shall be assigned to the Washington state patrol.
(b)
Any appropriations made to the state toxicology laboratory or the state
toxicologist for carrying out the powers, functions, and duties transferred
shall, on the effective date of this section, be transferred and credited to
the Washington state patrol to carry out the responsibilities of the bureau of
forensic laboratory services under RCW 43.43.670.
(c)
Whenever any question arises as to the transfer of any personnel, funds, books,
documents, records, papers, files, equipment, or other tangible property used
or held in the exercise of the powers and the performance of the duties and
functions transferred, the director of financial management shall make a
determination as to the proper allocation and shall certify that determination
to the state agencies concerned.
(3)
All employees of the state toxicology laboratory engaged in performing the
powers, functions, and duties of the state toxicology laboratory are transferred
to the jurisdiction of the Washington state patrol. All employees classified
under chapter 41.06 RCW, the state civil service law, are assigned to the
Washington state patrol to perform their usual duties upon the same terms as
formerly for the state toxicology laboratory, without any loss of rights,
subject to any action that may be appropriate thereafter in accordance with the
laws and rules governing state civil service.
(4)
All rules and pending business before the state toxicologist pertaining to the
powers, functions, and duties transferred shall be continued and acted upon by
the Washington state patrol. All existing contracts and obligations shall
remain in full force and shall be performed by the Washington state patrol.
(5)
The transfer of the powers, duties, functions, and personnel of the state
toxicology laboratory shall not affect the validity of any act performed before
the effective date of this section.
(6)
If the apportionments of budgeted funds are required because of the transfers
directed by this section, the director of financial management shall certify
the apportionments to the agencies affected, the state auditor, and the state
treasurer. Each shall make the appropriate transfer and adjustments in funds
and appropriation accounts and equipment records in accordance with the
certification.
(7)
Nothing contained in this section may be construed to alter any existing
collective bargaining unit or the provisions of any existing collective
bargaining agreement until the agreement has expired or until the bargaining
unit has been modified by action of the personnel board as provided by law.
Sec.
2. RCW
43.103.010 and 1995 c 398 s 2 are each amended to read as follows:
The
purposes of this act are declared by the legislature to be as follows:
(1)
To preserve and enhance the state crime laboratory and state toxicology
laboratory, which ((is an)) are essential parts of the
criminal justice and death investigation systems in the state of
Washington;
(2)
To fund the death investigation system and to make related state and local
institutions more efficient;
(3)
((To preserve and enhance the state toxicology laboratory which is an
essential part of the criminal justice and death investigation systems in the
state of Washington;
(4))) To
provide resources necessary for the performance, by qualified pathologists, of
autopsies which are also essential to the criminal justice and death
investigation systems of this state and its counties;
(((5)))
(4) To improve the performance of death investigations and the criminal
justice system through the formal training of county coroners and county
medical examiners;
(((6)))
(5) To establish and maintain a dental identification system; and
(((7)))
(6) To provide flexibility so that any county may establish a county
morgue when it serves the public interest.
Sec.
3. RCW
43.103.020 and 1995 c 398 s 3 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)
"Council" means the Washington state forensic investigations council.
(2)
"Crime laboratory" means the Washington state patrol crime laboratory
system created in RCW 43.43.670 and under the bureau of forensic laboratory
services of the Washington state patrol.
(3)
"State toxicology laboratory" means the Washington state
toxicology laboratory and under the bureau of forensic laboratory services
of the Washington state patrol.
Sec.
4. RCW
43.103.030 and 1995 c 398 s 4 are each amended to read as follows:
There
is created the Washington state forensic investigations council. The council
shall oversee the ((state toxicology)) bureau of forensic
laboratory services and, ((together)) in consultation with
the ((president)) chief of the ((University of))
Washington state patrol or the ((president's)) chief's
designee, control the ((laboratory's)) operation and establish
policies of the bureau of forensic laboratory services. The council may
also study and recommend cost-efficient improvements to the death investigation
system in Washington and report its findings to the legislature.
Further,
the council shall, jointly with the chairperson of the pathology department of
the University of Washington's School of Medicine, or the chairperson's
designee, oversee the state forensic pathology fellowship program, determine
the budget for the program and set the fellow's annual salary, and take those
steps necessary to administer the program.
The
forensic investigations council shall be actively involved in the preparation
of the ((crime)) bureau of forensic laboratory ((and
toxicology laboratory)) services budget((s)) and shall
approve the ((crime)) bureau of forensic laboratory ((and
toxicology laboratory)) services budget((s)) prior to ((their))
its formal submission to the office of financial management pursuant to
RCW 43.88.030.
Sec.
5. RCW
43.103.090 and 1995 c 398 s 8 are each amended to read as follows:
(1)
The council may:
(((1)))
(a) Meet at such times and places as may be designated by a majority
vote of the council members or, if a majority cannot agree, by the chair;
(((2)))
(b) Adopt rules governing the council and the conduct of its meetings;
(((3)
Require reports from the state toxicologist on matters pertaining to the
toxicology laboratory;
(4))) (c)
Require reports from the chief of the Washington state patrol on matters
pertaining to the ((crime)) bureau of forensic laboratory services;
(((5)
Be actively involved in the preparation of the crime laboratory and toxicology
laboratory budgets and shall approve the crime laboratory and toxicology
laboratory budgets prior to their formal submission to the office of financial
management pursuant to RCW 43.88.030;
(6))) (d)
Do anything, necessary or convenient, which enables the council to perform its
duties and to exercise its powers; and
(((7)
Appoint a toxicologist as state toxicologist to serve at the pleasure of the
council; and
(8))) (e)
Be actively involved in the preparation of the bureau of forensic laboratory
services budget and approve the bureau of forensic laboratory services budget
prior to formal submission to the office of financial management pursuant to
RCW 43.88.030.
(2)
The council shall:
(a)
Prescribe qualifications for the position of director of the bureau of forensic
laboratory services, after consulting with the chief of the Washington state
patrol. The council shall submit to the chief of the Washington state patrol a
list containing the names of up to three persons who the council believes meet
its qualifications to serve as director of the bureau of forensic laboratory
services. Minimum qualifications for the director of the bureau of forensic
laboratory services must include successful completion of a background
investigation and polygraph examination. If requested by the chief of the
Washington state patrol, the forensic investigations council shall submit one
additional list of up to three persons who the forensic investigations council
believes meet its qualifications. The appointment must be from one of the
lists of persons submitted by the forensic investigations council, and the
director of the bureau of forensic laboratory services shall report to the office
of the chief of the Washington state patrol;
(b)
After consulting with the chief of the Washington state patrol and the director
of the bureau of forensic laboratory services, the council shall appoint a
toxicologist as state toxicologist, who shall report to the director of the
bureau of forensic laboratory services. The appointee shall meet the minimum
standards for employment with the Washington state patrol including successful
completion of a background investigation and polygraph examination;
(c)
Establish, after consulting with the chief of the Washington state patrol, the
policies, objectives, and priorities of the bureau of forensic laboratory
services, to be implemented and administered within constraints established by
budgeted resources by the director of the bureau of forensic laboratory
services;
(d)
Set the salary for the director of the bureau of forensic laboratory services;
and
(e)
Set the salary for the state toxicologist.
Sec.
6. RCW
43.43.670 and 1995 c 398 s 1 are each amended to read as follows:
(1)
There is created in the Washington state patrol a ((crime)) bureau of
forensic laboratory services system which is authorized to:
(((1)))
(a) Provide laboratory services for the purpose of analyzing and
scientifically handling any physical evidence relating to any crime.
(((2)))
(b) Provide training assistance for local law enforcement personnel.
((The
crime laboratory system shall assign priority to a request for services with
due regard to whether the case involves criminal activity against persons. The
Washington state forensic investigations council shall assist the crime
laboratory system in devising policies to promote the most efficient use of
laboratory resources consistent with this section. The forensic investigations
council shall be actively involved in the preparation of the crime laboratory
budget and shall approve the crime laboratory budget prior to its formal
submission by the state patrol to the office of financial management pursuant
to RCW 43.88.030.))
(c)
Provide all necessary toxicology services requested by all coroners, medical
examiners, and prosecuting attorneys.
(2)
The bureau of forensic laboratory services shall assign priority to a request
for services with due regard to whether the case involves criminal activity
against persons. The Washington state forensic investigations council shall
assist the bureau of forensic laboratory services in devising policies to
promote the most efficient use of laboratory services consistent with this
section. The forensic investigations council shall be actively involved in the
preparation of the bureau of forensic laboratory services budget and shall
approve the bureau of forensic laboratory services budget prior to its formal
submission by the state patrol to the office of financial management pursuant
to RCW 43.88.030.
Sec.
7. RCW
66.08.180 and 1997 c 451 s 3 and 1997 c 321 s 57 are each reenacted and amended
to read as follows:
Except
as provided in RCW 66.24.290(1), moneys in the liquor revolving fund shall be
distributed by the board at least once every three months in accordance with
RCW 66.08.190, 66.08.200 and 66.08.210: PROVIDED, That the board shall reserve
from distribution such amount not exceeding five hundred thousand dollars as
may be necessary for the proper administration of this title.
(1)
All license fees, penalties and forfeitures derived under this act from ((class
H)) spirits, beer, and wine restaurant licenses or ((class H))
spirits, beer, and wine restaurant licensees shall every three months be
disbursed by the board as follows:
(a)
Three hundred thousand dollars per biennium, to the ((University of))
Washington state patrol for the ((forensic investigations council to
conduct the)) state ((toxicological laboratory)) toxicology
program pursuant to RCW 68.50.107; and
(b)
Of the remaining funds:
(i)
6.06 percent to the University of Washington and 4.04 percent to Washington
State University for alcoholism and drug abuse research and for the
dissemination of such research; and
(ii)
89.9 percent to the general fund to be used by the department of social and
health services solely to carry out the purposes of RCW 70.96A.050;
(2)
The first fifty-five dollars per license fee provided in RCW 66.24.320 and
66.24.330 up to a maximum of one hundred fifty thousand dollars annually shall
be disbursed every three months by the board to the general fund to be used for
juvenile alcohol and drug prevention programs for kindergarten through third grade
to be administered by the superintendent of public instruction;
(3)
Twenty percent of the remaining total amount derived from license fees pursuant
to RCW 66.24.320, 66.24.330, 66.24.350, and 66.24.360, shall be transferred to
the general fund to be used by the department of social and health services
solely to carry out the purposes of RCW 70.96A.050; and
(4)
One-fourth cent per liter of the tax imposed by RCW 66.24.210 shall every three
months be disbursed by the board to Washington State University solely for wine
and wine grape research, extension programs related to wine and wine grape
research, and resident instruction in both wine grape production and the
processing aspects of the wine industry in accordance with RCW 28B.30.068. The
director of financial management shall prescribe suitable accounting procedures
to ensure that the funds transferred to the general fund to be used by the
department of social and health services and appropriated are separately
accounted for.
Sec.
8. RCW
68.50.107 and 1995 c 398 s 10 are each amended to read as follows:
There
shall be established in conjunction with the ((University of)) chief
of the Washington ((Medical School)) state patrol and under
the authority of the state forensic investigations council a state
toxicological laboratory under the direction of the state toxicologist whose duty
it will be to perform all necessary toxicologic procedures requested by all
coroners, medical examiners, and prosecuting attorneys. The state forensic
investigations council, after consulting with the chief of the Washington
state patrol and director of the bureau of forensic laboratory services,
shall appoint a toxicologist as state toxicologist, who shall report to the
director of the bureau of forensic laboratory services and the office of the
chief of the Washington state patrol. ((The laboratory)) Toxicological
services shall be funded by disbursement from the ((class H)) spirits,
beer, and wine restaurant license fees as provided in RCW 66.08.180 and by
appropriation from the death investigations account as provided in RCW
43.79.445.
NEW
SECTION. Sec. 9. This
act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public
institutions, and takes effect July 1, 1999.
