BILL REQ. #:  S-0357.1 

Read first time 01/21/2003.   Referred to Committee on Judiciary.

     AN ACT Relating to law enforcement mobilization; and adding a new chapter to Title 38 RCW.

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

NEW SECTION.  Sec. 1   Because of the possibility of a disaster of unprecedented size and destruction, including acts of domestic terrorism and civil unrest that requires law enforcement response for the protection of persons or property and preservation of the peace, the need exists to ensure that the state is adequately prepared to respond to such an incident. There is a need to establish a mechanism and a procedure to provide for reimbursement to law enforcement agencies that respond to help others in time of need, and to host law enforcement agencies that experience expenses beyond the resources of the agencies, and generally to protect the public safety, peace, health, lives, and property of the people of Washington. It is hereby declared necessary to:
     (1) Provide the policy and organizational structure for large-scale mobilization of law enforcement resources in the state through creation of the Washington state law enforcement mobilization plan;
     (2) Confer upon the chief of the Washington state patrol the powers provided in this chapter;
     (3) Provide a means for reimbursement to law enforcement jurisdictions that incur expenses when mobilized by the chief under the Washington state law enforcement mobilization plan; and
     (4) Provide for reimbursement of the host law enforcement agency when it has:
     (a) Exhausted all of its resources; and
     (b) Invoked its local mutual aid network and exhausted those resources. Upon implementation of state law enforcement mobilization, the host resources shall become state law enforcement mobilization resources consistent with the law enforcement mobilization plan. It is the intent of the legislature that mutual aid and other interlocal agreements providing for enhanced emergency response be encouraged as essential to the public peace, safety, health, and welfare, and for the protection of the lives and property of the people of the state of Washington. If possible, mutual aid agreements should be without stated limitations as to resources available, time, or area. Nothing in this chapter shall be construed or interpreted to limit the eligibility of any nonhost law enforcement authority for reimbursement of expenses incurred in providing law enforcement resources for mobilization.

NEW SECTION.  Sec. 2   Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Agency" means any general purpose law enforcement agency as defined by law.
     (2) "Chief" means the chief of the Washington state patrol.
     (3) "Department" means the military department.
     (4) "State law enforcement resource coordinator" means a designated individual or agency selected by the chief to perform the responsibilities of that position.
     (5) "Chief law enforcement officer" means the chief of police or sheriff responsible for law enforcement services in the jurisdiction in which the emergency is occurring.
     (6) "Jurisdiction" means a general authority Washington law enforcement agency as defined in RCW 10.93.020.
     (7) "General authority Washington peace officer" means a general authority Washington peace officer as defined in RCW 10.93.020.
     (8) "Mobilization" means that law enforcement resources beyond those available through existing agreements will be requested and when available, sent in response to an emergency or disaster situation that has exceeded the capabilities of available local resources. During a large-scale emergency, mobilization may include the redistribution of regional or statewide law enforcement resources to either direct emergency incident assignments or to assignments in communities where law enforcement resources are needed. When mobilization is declared and authorized as provided in this chapter, all law enforcement resources including those of the host law enforcement jurisdiction shall be mobilized under this chapter, including those that responded earlier under an existing mutual aid or other agreement. All nonhost law enforcement authorities providing resources in response to a mobilization declaration shall be eligible for expense reimbursement as provided by this chapter from the time of the mobilization declaration.
     (9) "Mutual aid" means emergency interagency assistance provided without compensation under an agreement between jurisdictions under chapter 39.34 RCW.
     (10) "Resource coordination" means the effort to locate and arrange for the delivery of resources needed by chief law enforcement officers and incident commanders. Resource coordination involving the mobilization of law enforcement and other support resources within a region is the responsibility of the regional law enforcement resource coordinator. In the case of incidents involving more than one region or when resources from more than one region must be mobilized, the state law enforcement resource coordinator has the primary responsibility for resource coordination in conjunction with the regional law enforcement resource coordinators.

NEW SECTION.  Sec. 3   The state law enforcement mobilization policy board shall be established by the chief and shall be representative of the established regions. The board shall review and make recommendations to the chief on the refinement and maintenance of the Washington state law enforcement mobilization plan; which shall include the procedures to be used during an emergency or disaster response requiring coordination of local, regional, and state law enforcement jurisdiction resources. In carrying out this duty, the law enforcement mobilization policy board shall consult with and solicit recommendations from representatives of the state and local law enforcement and emergency management organizations, and regional law enforcement mobilization committees. The Washington state law enforcement mobilization plan shall be consistent with, and made a part of the Washington state comprehensive emergency management plan. The chief shall review the law enforcement mobilization plan as submitted by the law enforcement mobilization policy board, recommend changes that may be necessary, and approve the law enforcement mobilization plan for inclusion within the state comprehensive emergency management plan. It is the responsibility of the chief to mobilize jurisdictions under the Washington state law enforcement mobilization plan. The chief shall appoint a state law enforcement resource coordinator and an alternate who shall serve in that capacity when the law enforcement mobilization plan is activated.

NEW SECTION.  Sec. 4   Regions within the state are initially established as follows but may be adjusted as necessary by the state law enforcement policy board, but should remain consistent with the Washington state fire defense regions:
     (1) Central region - Grays Harbor, Thurston, Pacific, and Lewis counties;
     (2) Lower Columbia region - Kittitas, Yakima, and Klickitat counties;
     (3) Mid-Columbia region - Chelan, Douglas, and Grant counties;
     (4) Northeast region - Okanogan, Ferry, Stevens, Pend Oreille, Spokane, and Lincoln counties;
     (5) Northwest region - Whatcom, Skagit, Snohomish, San Juan, and Island counties;
     (6) Olympic region - Clallam and Jefferson counties;
     (7) South Puget Sound region - Kitsap, Mason, King, and Pierce counties;
     (8) Southeast region - Benton, Franklin, Walla Walla, Columbia, Whitman, Garfield, and Asotin counties;
     (9) Southwest region - Wahkiakum, Cowlitz, Clark, and Skamania counties.
     Within each of these regions there is created a regional law enforcement coordinating committee. The committee shall consist of the sheriff of each county in the region, the district commander of the Washington state patrol from the region, a number of police chiefs within the region equivalent to the number of counties within the region plus one, and the director of the counties' emergency management office. Members of each regional board shall select a chair and a secretary as officers. Members serving on the regional boards shall do so on a voluntary capacity and are not eligible for reimbursement for meeting-related expenses from the state. Regional committees shall develop regional law enforcement service plans that include provisions for organized law enforcement agencies to respond across municipal, county, or regional boundaries. Each regional plan shall be consistent with the incident command system, the Washington state law enforcement mobilization plan, and regional response plans already adopted and in use in the state. The regional boards shall work with the relevant local government entities to facilitate development of intergovernmental agreements if any such agreements are required to implement a regional law enforcement response plan. Each regional plan shall be approved by the state law enforcement mobilization policy board before implementation.

NEW SECTION.  Sec. 5   The department in consultation with the office of financial management shall develop procedures to facilitate reimbursement to jurisdictions from appropriate federal and state funds when jurisdictions are mobilized by the chief under the Washington state law enforcement mobilization plan. The department shall ensure that these procedures provide reimbursement to the host agency in as timely a manner as possible.

NEW SECTION.  Sec. 6   Sections 1 through 5 of this act constitute a new chapter in Title 38 RCW.