Prefiled 12/20/07. Read first time 01/14/08.   Referred to Committee on State Government & Tribal Affairs.

     AN ACT Relating to authorizing tribal police officers to act as general authority Washington state peace officers; and adding a new chapter to Title 10 RCW.

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

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.
     (i) Within the thirty days of receipt of written proof of insurance from the sovereign tribal nation, the office of financial management shall either approve or reject the adequacy of insurance. 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 the sovereign tribal nation will not raise a defense of sovereign immunity to preclude an action for damages, 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 act 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 section must be submitted within three days to the police chief or sheriff within whose jurisdiction the action was taken. Any citation issued under this section 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 section is not enforceable.
     (4) Any authorization granted under this section shall not in any way expand the jurisdiction of any tribal court or other tribal authority.
     (5) The authority granted under this section 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. The state of Washington and its individual employees shall not 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.
     (7) Nothing in this section 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 section 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.

NEW SECTION.  Sec. 3   Sections 1 and 2 of this act constitute a new chapter in Title 10 RCW.