BILL REQ. #:  Z-0161.1 

Read first time 01/24/2007.   Referred to Committee on Commerce & Labor.

     AN ACT Relating to requiring polygraph tests; and amending RCW 49.44.120.

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

Sec. 1   RCW 49.44.120 and 2005 c 265 s 1 are each amended to read as follows:
     (1) It shall be unlawful for any person, firm, corporation or the state of Washington, its political subdivisions or municipal corporations to require, directly or indirectly, that any employee or prospective employee take or be subjected to any lie detector or similar tests as a condition of employment or continued employment: PROVIDED, That this section shall not apply to persons making ((initial)) application for employment with any law enforcement agency or with the juvenile court services agency of any county, or to persons returning after a break of more than twenty-four consecutive months in service as a fully commissioned law enforcement officer: PROVIDED FURTHER, That this section shall not apply to either the initial application for employment or continued employment of persons who manufacture, distribute, or dispense controlled substances as defined in chapter 69.50 RCW, or to persons in sensitive positions directly involving national security.
     (2) Nothing in this section shall be construed to prohibit the use of psychological tests as defined in RCW 18.83.010.
     (3) Any person violating this section is guilty of a misdemeanor.
     (4) As used in this section, "person" includes any individual, firm, corporation, or agency or political subdivision of the state.
     (5) Nothing in this section may be construed as limiting any statutory or common law rights of any person illegally denied employment or continued employment under this section for purposes of any civil action or injunctive relief.