AN ACT Relating to clarifying that elected sheriffs who are not certified peace officers pursuant to chapter 43.101 RCW cannot personally perform law enforcement actions other than those directed or authorized by the Constitution or laws of the state of Washington, specifying that discretionary decertification of an elected sheriff for conduct that occurred after their term of office began initiates a recall of that sheriff, and specifying that mandatory decertification of an elected sheriff for conduct that occurred after their term of office began initiates a recall of that sheriff without the need to circulate, collect, or canvass supporting signatures; amending RCW 29A.56.180; adding a new section to chapter 36.28 RCW; and creating a new section.

(1) An elected sheriff who is not a certified peace officer pursuant to chapter 43.101 RCW shall have all authority of the office of sheriff but shall not personally perform any law enforcement action that is reserved exclusively for certified peace officers. However, an elected sheriff who is not a certified peace officer pursuant to chapter 43.101 RCW shall maintain authority to take all actions as directed or authorized by any provision of the Constitution or laws of the state of Washington.

(2) Whenever the certification of an elected sheriff is revoked pursuant to RCW 43.101.105(3) for conduct that occurred after their term of office began, the final order revoking peace officer certification shall constitute an initiation of recall proceedings pursuant to RCW 29A.56.110, and the criminal justice training commission shall be deemed as the person or entity making the charge for recall.

(3) Whenever the certification of an elected sheriff is revoked pursuant to RCW 43.101.105(2) for conduct that occurred after their term of office began, the final order revoking peace officer certification shall constitute an initiation of recall proceedings pursuant to RCW 29A.56.110, and the criminal justice training commission shall be deemed as the person or entity making the charge for recall. If the superior court finds the charges sufficient for recall, and after correcting any ballot synopsis the court deems inadequate, no circulation, collection, or canvassing of signatures is required and the officer with whom the petition is filed shall fix a date for the special election to determine whether or not the sheriff charged shall be recalled and discharged from office as specified in RCW 29A.56.210.

When the person, committee, or organization demanding the recall of a public officer has secured sufficient signatures upon the recall petition the person, committee, or organization may submit the same to the officer with whom the charge was filed for filing in his or her office. The number of signatures required shall be as follows:

(1) In the case of a state officer, an officer of a city of the first class, a member of a school board in a city of the first class, or a county officer of a county with a population of ((forty thousand))40,000 or more—signatures of legal voters equal to ((twenty-five))25 percent of the total number of votes cast for all candidates for the office to which the officer whose recall is demanded was elected at the preceding election.

(2) In the case of an officer of any political subdivision, city, town, township, precinct, or school district other than those mentioned in subsection (1) of this section, and in the case of a state senator or representative—signatures of legal voters equal to ((thirty-five))35 percent of the total number of votes cast for all candidates for the office to which the officer whose recall is demanded was elected at the preceding election.

(3) In the case of an elected sheriff whose certification is revoked pursuant to RCW 43.101.105(2) for conduct that occurred after their term of office began, no signatures are required.