EHB 2476 -
By Senator Carrell and Kline
ADOPTED 03/07/2008
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "General authority Washington peace officer" means an officer
authorized to enforce the criminal and traffic laws of the state of
Washington generally.
(2) "Tribal police officer" means any person in the employ of one
of the federally recognized sovereign tribal governments, whose
traditional lands and territories lie within the borders of the state
of Washington, to enforce the criminal laws of that government.
NEW SECTION. Sec. 2 (1) Tribal police officers under subsection
(2) of this section shall be recognized and authorized to act as
general authority Washington peace officers. A tribal police officer
recognized and authorized to act as a general authority Washington
peace officer under this section has the same powers as any other
general authority Washington peace officer to enforce state laws in
Washington, including the power to make arrests for violations of state
laws.
(2) A tribal police officer may exercise the powers of law
enforcement of a general authority Washington peace officer under this
section, subject to the following:
(a) The appropriate sovereign tribal nation shall submit to the
office of financial management proof of public liability and property
damage insurance for vehicles operated by the peace officers and police
professional liability insurance from a company licensed to sell
insurance in the state. For purposes of determining adequacy of
insurance liability, the sovereign tribal government must submit with
the proof of liability insurance a copy of the interlocal agreement
between the sovereign tribal government and the local governments that
have shared jurisdiction under this chapter where such an agreement has
been reached pursuant to subsection (10) of this section.
(i) Within the thirty days of receipt of the information from the
sovereign tribal nation, the office of financial management shall
either approve or reject the adequacy of insurance, giving
consideration to the scope of the interlocal agreement. The adequacy
of insurance under this chapter shall be subject to annual review by
the state office of financial management.
(ii) Each policy of insurance issued under this chapter must
include a provision that the insurance shall be available to satisfy
settlements or judgments arising from the tortious conduct of tribal
police officers when acting in the capacity of a general authority
Washington peace officer, and that to the extent of policy coverage
neither the sovereign tribal nation nor the insurance carrier will
raise a defense of sovereign immunity to preclude an action for damages
under state or federal law, the determination of fault in a civil
action, or the payment of a settlement or judgment arising from the
tortious conduct.
(b) The appropriate sovereign tribal nation shall submit to the
office of financial management proof of training requirements for each
tribal police officer. To be authorized as a general authority
Washington peace officer, a tribal police officer must successfully
complete the requirements set forth under RCW 43.101.157. Any
applicant not meeting the requirements for certification as a tribal
police officer may not act as a general authority Washington peace
officer under this chapter. The criminal justice training commission
shall notify the office of financial management if:
(i) A tribal police officer authorized under this chapter as a
general authority Washington state peace officer has been decertified
pursuant to RCW 43.101.157; or
(ii) An appropriate sovereign tribal government is otherwise in
noncompliance with RCW 43.101.157.
(3) A copy of any citation or notice of infraction issued, or any
incident report taken, by a tribal police officer acting in the
capacity of a general authority Washington peace officer as authorized
by this chapter must be submitted within three days to the police chief
or sheriff within whose jurisdiction the action was taken. Any
citation issued under this chapter shall be to a Washington court,
except that any citation issued to Indians within the exterior
boundaries of an Indian reservation may be cited to a tribal court.
Any arrest made or citation issued not in compliance with this chapter
is not enforceable.
(4) Any authorization granted under this chapter shall not in any
way expand the jurisdiction of any tribal court or other tribal
authority.
(5) The authority granted under this chapter shall be coextensive
with the exterior boundaries of the reservation, except that an officer
commissioned under this section may act as authorized under RCW
10.93.070 beyond the exterior boundaries of the reservation.
(6) For purposes of civil liability under this chapter, a tribal
police officer shall not be considered an employee of the state of
Washington or any local government except where a state or local
government has deputized a tribal police officer as a specially
commissioned officer. Neither the state of Washington and its
individual employees nor any local government and its individual
employees shall be liable for the authorization of tribal police
officers under this chapter, nor for the negligence or other misconduct
of tribal officers. The authorization of tribal police officers under
this chapter shall not be deemed to have been a nondelegable duty of
the state of Washington or any local government.
(7) Nothing in this chapter impairs or affects the existing status
and sovereignty of those sovereign tribal governments whose traditional
lands and territories lie within the borders of the state of Washington
as established under the laws of the United States.
(8) Nothing in this chapter limits, impairs, or nullifies the
authority of a county sheriff to appoint duly commissioned state or
federally certified tribal police officers as deputy sheriffs
authorized to enforce the criminal and traffic laws of the state of
Washington.
(9) Nothing in this act limits, impairs, or otherwise affects the
existing authority under state or federal law of state or local law
enforcement officers to enforce state law within the exterior
boundaries of an Indian reservation or to enter Indian country in fresh
pursuit, as defined in RCW 10.93.120, of a person suspected of
violating state law, where the officer would otherwise not have
jurisdiction.
(10) An interlocal agreement pursuant to chapter 39.34 RCW is
required between the sovereign tribal government and all local
government law enforcement agencies that will have shared jurisdiction
under this chapter prior to authorization taking effect under this
chapter. Nothing in this act shall limit, impair, or otherwise affect
the implementation of an interlocal agreement completed pursuant to
chapter 39.34 RCW by the effective date of this act, between a
sovereign tribal government and a local government law enforcement
agency for cooperative law enforcement.
(a) Sovereign tribal governments that meet all of the requirements
of subsection (2) of this section, but do not have an interlocal
agreement pursuant to chapter 39.34 RCW and seek authorization under
this chapter, may submit proof of liability insurance and training
certification to the office of financial management. Upon confirmation
of receipt of the information from the office of financial management,
the sovereign tribal government and the local government law
enforcement agencies that will have shared jurisdiction under this
chapter have one year to enter into an interlocal agreement pursuant to
chapter 39.34 RCW. If the sovereign tribal government and the local
government law enforcement agencies that will have shared jurisdiction
under this chapter are not able to reach agreement after one year, the
sovereign tribal governments and the local government law enforcement
agencies shall submit to binding arbitration pursuant to chapter 7.04A
RCW with the American arbitration association or successor agency for
purposes of completing an agreement prior to authorization going into
effect.
(b) For the purposes of (a) of this subsection, those sovereign
tribal government and local government law enforcement agencies that
must enter into binding arbitration shall submit to last best offer
arbitration. For purposes of accepting a last best offer, the
arbitrator must consider other interlocal agreements between sovereign
tribal governments and local law enforcement agencies in Washington
state, any model policy developed by the Washington association of
sheriffs and police chiefs or successor agency, and national best
practices.
NEW SECTION. Sec. 3 Sections 1 and 2 of this act constitute a
new chapter in Title
NEW SECTION. Sec. 4 This act takes effect July 1, 2008."
EHB 2476 -
By Senator Carrell and Kline
ADOPTED 03/07/2008
On page 1, line 2 of the title, after "officers;" strike the remainder of the title and insert "adding a new chapter to Title 10 RCW; and providing an effective date."
EFFECT: (1) Creates an effective date of July 1, 2008.
(2) Adds requirement that before certified tribal police officers
are authorized as general authority Washington peace officers, the
sovereign tribal government and all local government law enforcement
agencies with which the tribal government will have shared jurisdiction
must enter into an interlocal agreement. A sovereign tribal government
and the local government law enforcement agencies are free to implement
such an interlocal agreement as of the effective date of the act, or at
any time thereafter. If the interlocal agreement has been implemented,
and the appropriate sovereign tribal government has met all other
requirements under the act, then the appropriate certified tribal
officers are authorized by operation of law as general authority
Washington peace officers.
(3) Provides that sovereign tribal governments that have not
reached an interlocal agreement with the appropriate local law
enforcement agencies as of the effective date of the act may submit
proof of liability insurance and certification of tribal officers to
the state Office of Financial Management (OFM), and then the sovereign
tribal government and the appropriate local government law enforcement
agencies have one year to enter into an interlocal agreement.
(4) Provides that if no such agreement is reached after one year,
the sovereign tribal government and the local government law
enforcement agencies must enter into binding arbitration with the
American arbitration association for the purpose of completing an
agreement prior to authorization of certified tribal officers going
into effect.
(5) Provides that the form of arbitration shall be last best offer
arbitration, and that as standards for choosing a last best offer, the
arbitrator must consider other interlocal agreements between sovereign
tribal governments and local government law enforcement agencies in
Washington, any model policy developed by the Washington association of
sheriffs and police chiefs, and national best practices.
(6) Adds requirement that, in addition to submittal of proof of
liability insurance and certification of tribal officers to the OFM,
for purposes of determining the adequacy of insurance coverage, the
sovereign tribal government must also submit a copy of the interlocal
agreement between it and the local government law enforcement agencies
with which it has shared jurisdiction.
(7) Provides that the OFM shall consider the scope of the
interlocal agreement between the sovereign tribal government and the
local government law enforcement agencies in assessing the adequacy of
the liability insurance held by the sovereign tribal government.
(8) Provides that neither the sovereign tribal government nor its
insurance carrier shall raise a defense of sovereign immunity to
preclude an action for damages under state or federal law.
(9) Provides that for purposes of civil liability, a tribal police
officer shall not be considered an employee of the state of Washington
or any local government except where a state or local government has
deputized a tribal police officer as a specially commissioned officer.
(10) Provides that neither the state of Washington and its
individual employees nor any local government and its individual
employees shall be liable for the authorization of tribal police
officers, nor for the negligence or other misconduct of tribal
officers.
(11) Provides that the authorization of tribal police officers
shall not be deemed to have been a nondelegable duty of the state of
Washington or any local government.
(12) Provides that nothing in the act limits, impairs, or otherwise
affects the existing authority under state and federal law of state or
local law enforcement officers to enforce state law within the exterior
boundaries of an Indian reservation or to enter Indian country in fresh
pursuit of a person suspected of violating state law, where the officer
would otherwise not have jurisdiction.