Legislative Committee

Jeanne Johnson Jacobs
Everett Police Department

WASPC Conference Legal Advisors’ Legislative and Case Law Update presented by Leo Poort, Seattle Police Legal Advisor, Virginia Kirk, Port of Seattle Legal Advisor, John Wasberg and Shannon Inglis of the Attorney General’s office. Click on the link below for the lists of 2005 bills presented during the legal update, which are specific to law enforcement. You may go to Washington State Legislation Home Page and click on bill information and download entire bill and confirm effective dates on the “various” starting dates identified below:

Christine Gregoire became the State’s 22 nd Governor on January 12, 2005. The 105-day regular session adjourned “sine die” on April 24 th, 2005. The 2005 legislative session proceeded, while the contested election of Governor Christine Gregoire (by just 129 votes) was in the courts. On June 6, Chelan County Superior Court Judge John Bridges denied Republican claims that election errors, illegal voters and fraud stole the election form GOP candidate Dino Rossi and upheld the election of Governor Gregoire. Governor Gregoire signed a record number of bills (516) by the end of the 2005 session. LEIRA’s Legislative Committee continues to partner with WASPC’s Legislative Committee in a collaborative effort to ensure both sworn and civilian law enforcement is represented in the legislative arena. As LEIRA’s Legislative Chair, I attend all WASPC Legislative meetings, conferences and testify during session before legislators/respective committee hearings on behalf of LEIRA and WASPC.

I would like to take this opportunity to thank Kelly Donnelly, Mercer Island Police Department for spearheading HB1350 with our property and evidence personnel. Kelly contacted State Representative, Judy Clibborn of the 41 st Legislative District to serve as the sponsor for HB1350, which would authorize the donation of unclaimed personal property to non-profit organizations.

Holaday (Tukwila Police) Patricia Duemmell (Marysville Police) and myself attended the House Local Government Committee on behalf of HB 1350. Kelly and Julie testified before the committee on behalf of property and evidence, while I testified as LEIRA’s Legislative Chair and confirmed WASPC’s support.

HB 1350 made it to the Senate Rules Committee, however, did not come to a vote on the Senate Floor this year. Representative Clibborn will ask next year to have it pulled from Rules to the Floor, so there is still hope that we can get this past passed into law in 2006. It is not uncommon for a bill to take a couple years, or more to go all the way through the legislative process. HB 1350 had no opposition, and the chances of getting it through next session are very good. A great example of WASPC and LEIRA’s Legislative Committee’s working together!

NOTE: During WASPC’s March 22, 2005 Legislative Committee meeting, Washington State Patrol Captain Jeff DeVere advised his office was planning to approach the Attorney Generals Office regarding their opinion RE: Guillen v. Pierce County. At WASPC I asked Captain DeVere if his office had the opportunity to contact the Attorney General’s Office to date. Captain DeVere referred me to Ms. Gretchen Dolan, their Public Disclosure Section Manager, response included.

I contacted Ms. Gretchen Dolan on June 6, 2005 and learned Ms. Dolan was told by Attorney General Rob McKenna the previous week that while his office takes a pro-release stance on records, he shares their concerns over the use of collision reports for commercial gain.  Ms. Dolan was also told recently that State Representative Toby Nixon is on board with trying to pass legislation that disallows the use of these records for commercial profit, just as the PDA currently disallows the use of “lists of individuals” for commercial gain. 

WSP’s position is that based on Guillen and the Attorney Generals opinion, collision reports completed by the officers is disclosable under the PDA.  WSP redacts only dates of birth and driver’s license numbers using 42.17.310(1)(d) as defined by 42.17.255. Ms. Dolan advised she is aware some law enforcement agencies redact all driver and vehicle information under the Department of Licensing statutes.  After conversing with the Department of Licensing’s legal counsel and their Records Officer, WSP did not feel that those statutes specifically enough applied to the information on collision reports and therefore don’t redact using them. 

Ms. Dolan stated she understands that some law enforcement agencies that have gotten requests from Capital Publishing used the provisions of 42.17.330 to notify all the affected people of the pending requests.  Capital Publishing began getting a lot of angry phone calls from those individuals.  The notice process also delayed the release to Capital, which made the reports less useful to them.  They have not made any more requests to that particular agency. 

making repeated and huge requests for bulk collision reports with the intention of gaining clients or otherwise profiting from them.  WSP is firmly behind a statutory change, in whatever form, to make these records less available to those with commercial gain in mind.    

Our chiefs and sheriffs are aware of the increasing demands on their support staff and share our concerns regarding the volume and the sensitive information being released which is linked to traffic collision reports. WASPC’s Legislative Committee was tasked with being prepared to approach this issue when the 2006 session begins. Capt. Jeff DeVere and James McMahan are working to put together a meeting with WSP, DOT, WASPC and others who are involved in this issue, and I will be attending these meetings and report to our LEIRA memberships accordingly.

On February 2, 2006 WASPC’s Legislative Committee will join the Washington Association of Prosecuting Attorneys (WAPA) in hosting a Law and Justice Day at the Legislature during the 2006 session. As a member of WASPC’s Legislative Committee and LEIRA’s Legislative Chair I will be attending the Law and Justice Day and will report back to our membership.

I continue to Co-Chair WASPC’s Firearms Law Review Committee with Chief Glenn Dunnam, Retired. Our committee consists of representatives from WASPC, Department of Licensing, Attorney General’s Office, Alcohol, Tobacco and Firearms, Steve Perry, Barb Bader, National Rifle Association, FBI, Department of Social and Health Services, Department of Justice, etc. Unfortunately, our committee was unable to get any legislative changes this year, however, the committee will actively pursue during the 2006 Legislative session.