H-3508.1  _______________________________________________

                          HOUSE BILL 2616

          _______________________________________________

State of Washington      57th Legislature     2002 Regular Session

By Representative Linville

Read first time 01/22/2002.  Referred to Committee on Criminal Justice & Corrections.

Expanding liquor control board authority.

    AN ACT Relating to the authority of the liquor control board; and amending RCW 66.44.010.

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.  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.  When acting within the scope of these duties and when an offense occurs in the presence of the liquor enforcement officer, the liquor enforcement officer may enforce all criminal laws of the state.  The liquor enforcement officer must have successfully completed the basic law enforcement academy course sponsored by the criminal justice training commission, or a course approved by the board and the criminal justice training commission and provided by the board or the criminal justice training commission, before enforcing the criminal laws of the state.

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