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               BILL REQUEST - CODE REVISER'S OFFICE

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BILL REQ. #:        S-4484.2/02 2nd draft

ATTY/TYPIST:        KB:rmh

BRIEF DESCRIPTION:

2642 AMS PREN S4484.2

HB 2642 - S AMD

By Senator Prentice

    Strike everything after the enacting clause and insert the following:

    "Sec. 1.  RCW 49.12.460 and 2001 c 173 s 1 are each amended to read as follows:

    (1) The legislature finds that seventy-five percent of fire fighters in the state are volunteers and that many communities would be without fire fighting services if it were not for volunteer fire fighters.  Volunteer fire fighters risk their lives to protect others, providing an important public service that should be recognized and supported.  Volunteer fire fighters should not have to risk their livelihoods in serving others.  It is the intent of the legislature to protect volunteer fire fighters from adverse employment actions stemming from their volunteer service.

(2) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

(a) "Alarm of fire or emergency call" means responding to, working at, or returning from a fire alarm or an emergency call, but not participating in training or other nonemergency activities.

(b) "Notice" means any written or verbal notification of an obligation or intent to perform service as a volunteer fire fighter provided to an employer by the employee who will perform the service or by the fire department in which the service is to be performed.

(c) "Reinstatement" means reinstatement with back pay, without loss of seniority or benefits, and with removal of any related adverse material from the employee's personnel file, if the file is maintained by the employer.

(d) "Volunteer fire fighter" means any person who:  (i) Performs assigned or authorized duties for any fire department by his or her own free choice; (ii) serves in a position that is not basically clerical or secretarial in nature; and (iii) receives no monetary remuneration other than maintenance and reimbursement for actual expenses necessarily incurred in performing assigned duties.

(e) "Withdrawal of disciplinary action" means withdrawal of disciplinary action with back pay, without loss of seniority or benefits, and with removal of any related adverse material from the employee's personnel file, if the file is maintained by the employer.

(3) A person must notify his or her employer as to his or her volunteer service within a reasonable time of accepting employment or becoming a volunteer fire fighter.  An employer may not discharge from employment or discipline a volunteer fire fighter because of notice given as to the volunteer service or leave taken related to an alarm of fire or an emergency call.  If a volunteer fire fighter fails to give notice as provided in this subsection, the volunteer fighter does not automatically forfeit his or her rights conferred by this section, but is subject to the conduct rules, established policy, and general practices of the employer pertaining to explanations and discipline with respect to absence from scheduled work.

    (((2))) (4)(a) A volunteer fire fighter who believes he or she was discharged or disciplined in violation of this section may file a complaint alleging the violation with the director.  The volunteer fire fighter may allege a violation only by filing such a complaint within ninety days of the alleged violation.

    (b) Upon receipt of the complaint, the director must cause an investigation to be made as the director deems appropriate and must determine whether this section has been violated.  Notice of the director's determination must be sent to the complainant and the employer within ninety days of receipt of the complaint.

    (c) If the director determines that this section was violated and the employer fails to reinstate the employee or withdraw the disciplinary action taken against the employee, whichever is applicable, within thirty days of receipt of notice of the director's determination, the volunteer fire fighter may bring an action against the employer alleging a violation of this section and seeking reinstatement or withdrawal of the disciplinary action.

    (d) In any action brought under this section, the superior court shall have jurisdiction((,)) for cause shown, to restrain violations under this section, and to order reinstatement of the employee or withdrawal of the disciplinary action.

    (((3) For the purposes of this section:

    (a) "Alarm of fire or emergency call" means responding to, working at, or returning from a fire alarm or an emergency call, but not participating in training or other nonemergency activities.

    (b) "Employer" means any person who had twenty or more full-time equivalent employees in the previous year.

    (c) "Reinstatement" means reinstatement with back pay, without loss of seniority or benefits, and with removal of any related adverse material from the employee's personnel file, if a file is maintained by the employer.

    (d) "Withdrawal of disciplinary action" means withdrawal of disciplinary action with back pay, without loss of seniority or benefits, and with removal of any related adverse material from the employee's personnel file, if a file is maintained by the employer.

    (e) "Volunteer fire fighter" means a fire fighter who:

    (i) Is not paid;

    (ii) Is not already at his or her place of employment when called to serve as a volunteer, unless the employer agrees to provide such an accommodation; and

    (iii) Has been ordered to remain at his or her position by the commanding authority at the scene of the fire.

    (4) The legislature declares that the public policies articulated in this section depend on the procedures established in this section and no civil or criminal action may be maintained relying on the public policies articulated in this section without complying with the procedures set forth in this section, and to that end all civil actions and civil causes of action for such injuries and all jurisdiction of the courts of this state over such causes are hereby abolished, except as provided in this section.))"

HB 2642 - S AMD

By Senator Prentice

    On page 1, line 2 of the title, after "service;" strike the remainder of the title and insert "and amending RCW 49.12.460."

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