Legislative Committee Report
by Jeanne Johnson Jacobs
Everett Police Department
I attended 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.
Below are 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:
• EXPANDING LAW ON FAILURE TO YIELD TO EMERGENCY VEHICLES
Chapter 413 (SSB 5038) Effective: July 24, 2005
• AUTHORIZING AUTOMATED TRAFFIC SAFETY CAMERAS
Chapter 167 (ESSB 5060) Effective: July 24, 2005
• REQUIRING THAT ACCIDENT REPORTS ADDRESS ‘’DISTRACTIONS’
Chapter 171 (SSB 5161) Effective: Jan. 01, 2006
• INCREASED PENALTY FOR THEFT OF GOATS
Chapter 419 (SSB 5290) Effective: July 24, 2005
• CHILD ABUSE REPORTING – NEW MANDATORY REPORTER
Chapter 417 (ESSB 5308) Effective: July 24, 2005
• EXPANDING CRIME OF SEXUAL MISCONDUCT WITH MINORS
Chapter 262 (SSB 5309) Effective: July 24, 2005
• CHARGING INCARCERATION COSTS TO OFFENDERS
Chapter 263 (SB 5461) Effective: July 24, 2005
• REQUIRING THAT POLICE REPORTS BE GIVEN TO THEFT VICTIMS
Chapter 366 (SSB 5939) Effective: July 24, 2005
• PROHIBITING MV IMMOBILIZING BY PRIVATE PROPERTY OWNERS
Chapter 88 (ESSB 5966) Effective: July 24, 2005
• PROHIBITING INTERFERENCE WITH SEARCH AND RESCUE DOGS
Chapter 212 (SB 5979) Effective: July 24, 2005
• ADDRESSING SECURITY BREACHES THAT COMPROMISE PERSONAL INFORMATION
Chapter 368 (SSB 6043) Effective: July 24, 2005
• ADDRESSING OPERATION OF OFF-ROAD VEHICLES ON ROADWAYS
Chapter 213 (SHB 1003) Effective: July 01, 2005
• REQUIRING PRE-HIRE SCREENING FOR LAW OFFICER JOBS
Chapter 434 (HB 1081) Effective: July 24, 2005
• REGULATING TRAFFIC SIGNAL PREEMPTION DEVICES
Chapter 183 (SHB 1113) Effective: July 24, 2005
• RECODIFYING AND TECHNICALLY REVISING PUBLIC DISCLOSURE ACT
Chapter 274 (1133) Effective: July 01, 2006
• CREATING COMMUNITY PROTECTION ZONES RE: SEX OFFENDERS
Chapter 436 (SHB 1147) Effective: July 24, 2005
• MAKING IT A MISDEMEANOR TO FAIL TO SUMMON ASSISTANCE FOR A
PERSON INJURED IN A CRIME
Chapter 209 (SHB 1236) Effective: July 24, 2005
• ADDRESSING MV SCOFFLAWS
Chapter 323 (EHB 1241) Effective: Various, starting August 1, 2005
• REQUIRING SECURE ATTACHMENT OF SPEAKERS IN MV
Chapter 50 (EHB 1246) Effective: July 24, 2005
• GRANTING MUNICIPAL COURTS ANTI - HARASSMENT JURISDICTION
Chapter 196 (HB 1296) Effective: July 24, 2005
• REVISING ANIMAL CRUELTY LAWS
Chapter 481 (SHB 1304) Effective: July 24, 2005
• REVISING LAWS RE: EMISSION STANDARDS, ODOMETERS
Chapter 295 (ESHB 1397) Effective: July 24, 2005
• INCREASING PENALTIES FOR FAILING TO SECURE MV LOAD
Chapter 431 (SBH 1478) Effective: July 24, 2005
• PROVIDING QUALIFIED EMPLOYER IMMUNITY WHEN GIVING
INFORMATION TO PROSPECTIVE EMPLOYERS
Chapter 103 (HB 1625) Effective: July 24, 2005
• EXEMPTING SOME PERSONAL INFORMATION IN PUBLIC PERSONNEL
FILES FROM PUBLIC DISCLOSURE
Chapter 284 (SHB 1694) Effective: July 24, 2005
• ADDRESSING FIREARMS POSSESSION BY PERSONS FOUND NOT QUILTY
BY REASON OF INSANITY OR INVOLUNTARILY COMMITTED
Chapter 453 (SHB 1687) Effective: July 25, 2005
• REVISING PUBLIC DISCLOSURE ACT RE: BROAD REQUESTS, OTHER
THINGS INCLUDING DIRECTING ATTORNEY GENERAL TO ADOPT MODLE RULE
Chapter 483 (2SHB 1758) Effective: July 24, 2005
• CHANGING LAW RE: SUSPENDING, REVOKING DRIVING PRIVILEGES
Chapter 288 (SHB 1854) Effective: July 01, 2005
• INCREASING PENALTY FOR STUN GUN ASSAULT ON PEACE OFFICER
Chapter 458 (SHB 1934) Effective: July 24, 2005
• ADDRESSING REGISTRATION OF STUDENT SEX OFFENDERS
Chapter 380 (HB 2101) Effective: Sept. 1, 2006
• PRECLUDING PUBLIC AGENCY CHARGES TO LAW ENFORCEMENT
AGENCIES FOR RECORDS RE: SEX OFFENDER REGISTRATION
Chapter 202 (SHB 2223) Effective: July 24, 2005
• RESTRICTING ACCESS TO CERTAIN METH PRECURSOR DRUGS
Chapter 388 (ESHB 2266) Effective: Various dates
Christine Gregoire became the State’s 22nd Governor on January 12, 2005.
The 105-day regular session adjourned “sine die” on April 24th, 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 denie
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 an 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
41st Legislative District to serve as the sponsor for HB1350, which would
authorize the donation of unclaimed personal property to non-profit
organizations. On January 24, 2005, Kelly Donnelly, Julie Stuvland
(Monroe Police), Ken Christensen (SCSO), Susan 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! I attended WASPC’s
Spring Conference May 23 – 26, 2005 at the Coast Wenatchee Center
Hotel. The WASPC ‘s Legislative Committee was held on May 23, 2005
and WASPC’s Legislative Liaison James McMahan gave an overview of the
2005 session to our legislative committee. Most specific to LEIRA’s
membership was the discussion regarding law enforcements ever increasing
impacts relating to the Attorney General's Opinion RE: Guillen v. Pierce
County and the release of traffic collision reports. 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. Ms. Dolan advised WSP too is
feeling a massive impact from law firms, chiropractors and the like 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. I enjoy serving as LEIRA’s Legislative Chair and look forward to
another busy and exciting legislative session in 2006.