RCW 43.43.005
Comprehensive outreach and marketing strategic plan.
To ensure that it is adequately and thoroughly reaching potential recruits, the Washington state patrol must develop a comprehensive outreach and marketing strategic plan that expands on the success of current strategies and looks for ways to tap into groups or individuals that do not currently show an interest in the state patrol or law enforcement as a career. The plan must include, but is not limited to, expanding marketing and outreach efforts online and through other media outlets and expanding recruitment relationships in respective communities. The plan must also include polling applicants about their application. Results from the polling must be tracked to determine the success of each outreach method.
[
2016 c 28 s 7
.]
NOTES:
Intent
—
2016 c 28:
See note following RCW 43.43.380
.
RCW 43.43.010
Patrol created.
There shall be a department of state government known as the "Washington state patrol." The chief thereof shall be known as the chief of the Washington state patrol, and members thereof shall be known as Washington state patrol officers.
[
1965 c 8 s 43.43.010
. Prior:
1933 c 25 s 1
; RRS s 6362-59.]
RCW 43.43.012
Chief for a day program.
(1) To promote positive relationships between law enforcement and the citizens of the state of Washington, the Washington state patrol may participate in the chief for a day program. The chief of the Washington state patrol may designate staff who may participate in organizing the event. The Washington state patrol may accept grants of funds and gifts to be utilized in furtherance of this purpose, and may use their public facilities for such purpose. At all times, the participation of the Washington state patrol must comply with chapter
42.52
RCW.
(2) For the purposes of this section, "chief for a day program" means a program in which the Washington state patrol partners with other local, state, and federal law enforcement agencies, hospitals, and the community to provide a day of special attention to chronically ill children. Each child is selected and sponsored by a law enforcement agency. The event, chief for a day, may occur on the grounds and in the facilities of the Washington state patrol. The program may include any appropriate honoring of the child as a chief, such as a certificate swearing them in as a chief, a badge, a uniform, and donated gifts. The gifts may include, but are not limited to, games, puzzles, and art supplies.
[
2010 c 10 s 2
.]
NOTES:
Finding
—
2010 c 10:
"The legislature finds that the Washington state patrol's participation in charitable work, such as the chief for a day program that provides special attention to chronically ill children through recognition by various law enforcement agencies within the state, advances the overall purposes of the department by promoting positive relationships between law enforcement and the citizens of the state of Washington." [
2010 c 10 s 1
.]
RCW 43.43.013
Donations, gifts, conveyances, devises, and grants.
The Washington state patrol may accept any and all donations, bequests, gifts, conveyances, devices [devises], and grants conditional or otherwise; or money, property, service, or other things of value which may be received from the United States or any agency thereof, any governmental agency, institution, person, firm, or corporation, public and private, to be held, used, or applied for the purpose of fulfilling its mission.
[
2009 c 108 s 1
.]
RCW 43.43.015
Affirmative action.
For the purposes of this chapter, "affirmative action" means a procedure by which racial minorities, women, persons in the protected age category, persons with disabilities, Vietnam-era veterans, and disabled veterans are provided with increased employment opportunities. It shall not mean any sort of quota system.
[
1985 c 365 s 4
; (2019 c 160 s 4, Referendum Measure No. 88 failed to become law).]
RCW 43.43.020
Appointment of personnel.
The governor, with the advice and consent of the senate, shall appoint the chief of the Washington state patrol, determine his compensation, and may remove him at will.
The chief shall appoint a sufficient number of competent persons to act as Washington state patrol officers, may remove them for cause, as provided in this chapter, and shall make promotional appointments, determine their compensation, and define their rank and duties, as hereinafter provided. Before a person may be appointed to act as a Washington state patrol officer, the person shall meet the minimum standards for employment with the Washington state patrol, including successful completion of a psychological examination and polygraph examination or similar assessment procedure administered by the chief or his or her designee in accordance with the requirements of RCW 43.101.095
(2).
The chief may appoint employees of the Washington state patrol to serve as special deputies, with such restricted police authority as the chief shall designate as being necessary and consistent with their assignment to duty. Such appointment and conferral of authority shall not qualify said employees for membership in the Washington state patrol retirement system, nor shall it grant tenure of office as a regular officer of the Washington state patrol.
The chief may personally appoint, with the consent of the state treasurer, employees of the office of the state treasurer who are qualified under the standards of the criminal justice training commission, or who have comparable training and experience, to serve as special deputies. The law enforcement powers of any special deputies appointed in the office of the state treasurer shall be designated by the chief and shall be restricted to those powers necessary to provide for statewide security of the holdings or property of or under the custody of the office of the state treasurer. These appointments may be revoked by the chief at any time and shall be revoked upon the written request of the state treasurer or by operation of law upon termination of the special deputy's employment with the office of the state treasurer or thirty days after the chief who made the appointment leaves office. The chief shall be civilly immune for the acts of such special deputies. Such appointment and conferral of authority shall not qualify such employees for membership in the Washington state patrol retirement system, nor shall it grant tenure of office as a regular officer of the Washington state patrol.
[
2005 c 434 s 4
;
1983 c 144 s 1
;
1981 c 338 s 4
;
1973 1st ex.s. c 80 s 1
;
1965 c 8 s 43.43.020
. Prior:
1949 c 192 s 1
;
1933 c 25 s 3
; Rem. Supp. 1949 s 6362-61.]
NOTES:
Civil service exemptions: RCW 41.06.070
.
RCW 43.43.030
Powers and duties
—
Peace officers.
The chief and other officers of the Washington state patrol shall have and exercise, throughout the state, such police powers and duties as are vested in sheriffs and peace officers generally, and such other powers and duties as are prescribed by law.
[
1965 c 8 s 43.43.030
. Prior:
1933 c 25 s 2
; RRS s 6362-60.]
NOTES:
General authority law enforcement agency: RCW 10.93.020
.
RCW 43.43.035
Governor, lieutenant governor, and governor-elect
—
Security and protection
—
Duty to provide.
The chief of the Washington state patrol is directed to provide security and protection for the governor, the governor's family, and the lieutenant governor to the extent and in the manner the governor and the chief of the Washington state patrol deem adequate and appropriate.
In the same manner the chief of the Washington state patrol is directed to provide security and protection for the governor-elect from the time of the November election.
[
1991 c 63 s 1
;
1965 ex.s. c 96 s 1
.]
RCW 43.43.037
Legislature
—
Security and protection
—
Duty to provide.
The chief of the Washington state patrol is directed to provide such security and protection for both houses of the legislative building while in session as in the opinion of the speaker of the house and the president of the senate may be necessary therefor upon the advice of the respective sergeant-at-arms of each legislative body.
[
1965 ex.s. c 96 s 2
.]
RCW 43.43.040
Disability of patrol officers.
(1) The chief of the Washington state patrol shall relieve from active duty Washington state patrol officers who, while in the performance of their official duties, or while on standby or available for duty, have been or hereafter may be injured or incapacitated to such an extent as to be mentally or physically incapable of active service: PROVIDED, That:
(a) Any officer disabled while performing line duty who is found by the chief to be physically incapacitated shall be placed on disability leave for a period not to exceed six months from the date of injury or the date incapacitated. During this period, the officer shall be entitled to all pay, benefits, insurance, leave, and retirement contributions awarded to an officer on active status, less any compensation received through the department of labor and industries. No such disability leave shall be approved until an officer has been unavailable for duty for more than forty consecutive work hours. Prior to the end of the six-month period, the chief shall either place the officer on disability status or return the officer to active status.
For the purposes of this section, "line duty" is active service which encompasses the traffic law enforcement duties and/or other law enforcement responsibilities of the state patrol. These activities encompass all enforcement practices of the laws, accident and criminal investigations, or actions requiring physical exertion or exposure to hazardous elements.
The chief shall define by rule the situations where a disability has occurred during line duty;
(b) Benefits under this section for a disability that is incurred while in other employment will be reduced by any amount the officer receives or is entitled to receive from workers' compensation, social security, group insurance, other pension plan, or any other similar source provided by another employer on account of the same disability;
(c) An officer injured while engaged in willfully tortious or criminal conduct shall not be entitled to disability benefits under this section; and
(d) Should a disability beneficiary whose disability was not incurred in line of duty, prior to attaining age fifty, engage in a gainful occupation, the chief shall reduce the amount of his or her retirement allowance to an amount which when added to the compensation earned by him or her in such occupation shall not exceed the basic salary currently being paid for the rank the retired officer held at the time he or she was disabled. All such disability beneficiaries under age fifty shall file with the chief every six months a signed and sworn statement of earnings and any person who shall knowingly swear falsely on such statement shall be subject to prosecution for perjury. Should the earning capacity of such beneficiary be further altered, the chief may further alter his or her disability retirement allowance as indicated above. The failure of any officer to file the required statement of earnings shall be cause for cancellation of retirement benefits.
(2)(a) Officers on disability status shall receive one-half of their compensation at the existing wage, during the time the disability continues in effect, less any compensation received through the department of labor and industries. They shall be subject to mental or physical examination at any state institution or otherwise under the direction of the chief of the patrol at any time during such relief from duty to ascertain whether or not they are able to resume active duty.
(b) In addition to the compensation provided in (a) of this subsection, the compensation of an officer who is totally disabled during line duty shall include reimbursement for any payments of premiums made after June 10, 2010, for employer-provided medical insurance. An officer is considered totally disabled if he or she is unable to perform any substantial gainful activity due to a physical or mental condition that may be expected to result in death or that has lasted or is expected to last at least twelve months. Substantial gainful activity is defined as average earnings in excess of eight hundred sixty dollars a month in 2006 adjusted annually as determined by the department of retirement systems based on federal social security disability standards. An officer in receipt of reimbursement for any payments of premium rates for employer-provided medical insurance under this subsection is required to file with the chief any financial records that are necessary to determine continued eligibility for such reimbursement. The failure of any officer to file the required financial records is cause for cancellation of the reimbursement. The legislature reserves the right to amend or repeal the benefits provided in this subsection (2)(b) in the future and no member or beneficiary has a contractual right to receive any distribution not granted prior to that time.
[
2010 c 259 s 3
;
2009 c 549 s 5122
;
1998 c 194 s 1
;
1987 c 185 s 17
;
1981 c 165 s 1
;
1973 2nd ex.s. c 20 s 1
;
1965 c 8 s 43.43.040
. Prior:
1947 c 174 s 1
;
1943 c 215 s 1
; RRS s 6362-65.]
NOTES:
Short title
—
2010 c 259:
See note following RCW 41.26.470
.
Intent
—
Severability
—
1987 c 185:
See notes following RCW 51.12.130
.
Severability
—
1981 c 165:
"If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [
1981 c 165 s 2
.]
Effective date
—
1981 c 165:
"This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect January 1, 1981." [
1981 c 165 s 3
.]
RCW 43.43.050
Tenure of patrol officers.
Washington state patrol officers shall be entitled to retain their ranks and positions until death or resignation, or until suspended, demoted, or discharged in the manner hereinafter provided.
[
1965 c 8 s 43.43.050
. Prior:
1943 c 205 s 1
; Rem. Supp. 1943 s 6362-66.]
RCW 43.43.060
Suspension or demotion of probationary officers.
The chief of the Washington state patrol may suspend or demote any officer with probationary status, without preferring charges against the officer, and without a hearing.
[
1984 c 141 s 1
;
1965 c 8 s 43.43.060
. Prior:
1943 c 205 s 2
; Rem. Supp. 1943 s 6362-67.]
RCW 43.43.070
Discharge of probationary officers
—
Discharge, demotion, or suspension of nonprobationary officers
—
Complaint
—
Hearing.
Discharge of any officer with probationary status and discharge, demotion, or suspension of any officer with nonprobationary status shall be only for cause, which shall be clearly stated in a written complaint, sworn to by the person preferring the charges, and served upon the officer complained of.
Upon being so served, any such officer shall be entitled to a public hearing before a trial board consisting of two Washington state patrol officers of the rank of captain, and one officer of equal rank with the officer complained of, who shall be selected by the chief of the Washington state patrol by lot from the roster of the patrol. In the case of complaint by an officer, such officer shall not be a member of the trial board.
[
1984 c 141 s 2
;
1965 c 8 s 43.43.070
. Prior:
1943 c 205 s 3
; Rem. Supp. 1943 s 6362-68.]
RCW 43.43.080
Criminal complaint
—
Authority to suspend officer
—
Hearing.
When the complaint served upon an officer is of a criminal nature calling for the discharge of the officer, the chief of the patrol may immediately suspend the officer without pay pending a trial board hearing. The board shall be convened no later than forty-five days from the date of suspension. However, this does not preclude the granting of a mutually agreed upon extension; in such cases the officer shall remain on suspension without pay.
An officer complained of may waive a hearing and accept the proposed discipline by written notice to the chief of the patrol.
[
1989 c 28 s 1
;
1965 c 8 s 43.43.080
. Prior:
1943 c 205 s 4
; Rem. Supp. 1943 s 6362-69.]
RCW 43.43.090
Procedure at hearing.
At the hearing, an administrative law judge appointed under chapter
34.12
RCW shall be the presiding officer, and shall make all necessary rulings in the course of the hearing, but shall not be entitled to vote.
The complainant and the officer complained of may submit evidence, and be represented by counsel, and a full and complete record of the proceedings, and all testimony, shall be taken down by a stenographer.
After hearing, the findings of the trial board shall be submitted to the chief. Such findings shall be final if the charges are not sustained. In the event the charges are sustained the chief may determine the proper disciplinary action and declare it by written order served upon the officer complained of.
[
1989 c 28 s 2
;
1984 c 141 s 3
;
1965 c 8 s 43.43.090
. Prior:
1943 c 205 s 5
; Rem. Supp. 1943 s 6362-70.]
RCW 43.43.100
Review of order.
Any officer subjected to disciplinary action may, within ten days after the service of the order upon the officer, apply to the superior court of Thurston county for a writ of review to have the reasonableness and lawfulness of the order inquired into and determined.
The superior court shall review the determination of the chief of the Washington state patrol in a summary manner, based upon the record of the hearing before the trial board, and shall render its decision within ninety days, either affirming or reversing the order of the chief, or remanding the matter to the chief for further action. A transcript of the trial board hearing shall be provided to the court by the state patrol after being paid for by the officer subjected to disciplinary action. However, if the officer prevails before the court, the state patrol shall reimburse the officer for the cost of the transcript.
[
1984 c 141 s 4
;
1965 c 8 s 43.43.100
. Prior:
1943 c 205 s 6
; Rem. Supp. 1943 s 6362-71.]
RCW 43.43.110
Reinstatement on acquittal.
If as a result of any trial board hearing, or review proceeding, an officer complained of is found not guilty of the charges against him or her, he or she shall be immediately reinstated to his or her former position, and be reimbursed for any loss of salary suffered by reason of the previous disciplinary action.
[
2009 c 549 s 5123
;
1965 c 8 s 43.43.110
. Prior:
1943 c 205 s 7
; Rem. Supp. 1943 s 6362-72.]
RCW 43.43.111
Patrol officer vehicle accidents.
To ensure transparency, integrity, and credibility during Washington state patrol vehicle accident investigations, the agency will continue to review and reform the agency policies and procedures regarding Washington state patrol officers that are involved in vehicle accidents. The agency shall develop agency policies and include as part of the terms of their collective bargaining agreements a progressive corrective process addressing Washington state patrol officer vehicle accidents that may include retraining in vehicle handling, wage or benefit reductions, and termination of employment. The agency shall develop a process for tracking accidents and an accident review process. Annually, a collision data report must be produced designating each accident during the year as minor or severe and any resulting disciplinary actions and be available for review by the legislature. The agency shall implement communication procedures for the victims involved in the accidents from the time the accident occurs until the investigative process has been concluded. The policies must also provide for outside supervision of accident investigations by a qualified independent agency under certain circumstances.
Before the legislative committee assembly in September 2005, the Washington state patrol shall have an outside entity that has a reputation for and has proven experience in law enforcement management and reviewing law enforcement and criminal justice policies and procedures review the agency's proposed law enforcement vehicle accident policies and procedures where a law enforcement officer is involved. The agency will present the proposed policies and procedures to the legislature and finalize the policies and procedures based on input from the legislature. The Washington state patrol shall report to the house and senate transportation committees by November 30, 2005, on the updated policies, processes, and procedures. Once the policies and procedures are completed, other law enforcement agencies may adopt the policies and procedures for their agencies.
[
2005 c 27 s 2
.]
NOTES:
Intent
—
2005 c 27:
"It is the intent of the legislature that accidents involving Washington state patrol officers follow a process that provides a high degree of integrity and credibility both within the investigation of the accident and the perception of the investigation from persons outside the investigation. It is the intent of the legislature to have a communication process in place for the Washington state patrol to communicate accident information to the persons and their families who are involved in the vehicle accidents. It is the intent of the legislature to have early detections in place to reduce future vehicle accidents." [
2005 c 27 s 1
.]
Short title
—
2005 c 27:
"This act may be known and cited as the "Brock Loshbaugh Act.""  [
2005 c 27 s 3
.]
Effective date
—
2005 c 27:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 13, 2005]." [
2005 c 27 s 4
.]
RCW 43.43.112
Private law enforcement off-duty employment
—
Guidelines.
Washington state patrol officers may engage in private law enforcement off-duty employment, in uniform or in plainclothes for private benefit, subject to guidelines adopted by the chief of the Washington state patrol. These guidelines must ensure that the integrity and professionalism of the Washington state patrol is preserved. Use of Washington state patrol officer's uniforms shall be considered de minimis use of state property.
[
2005 c 124 s 1
;
1997 c 375 s 1
.]
RCW 43.43.115
Real property
—
Sale or disposal of surplus
—
Distribution of proceeds.
Whenever real property owned by the state of Washington and under the jurisdiction of the Washington state patrol is no longer required, it may be sold at fair market value, or otherwise disposed as permitted under RCW 39.33.015
. Any such sale or disposal must be in accordance with RCW 43.17.400
. All proceeds received from the sale of real property, less any real estate broker commissions up to four percent of the sale price, shall be deposited into the state patrol highway account: PROVIDED, That if accounts or funds other than the state patrol highway account have contributed to the purchase or improvement of the real property, the office of financial management shall determine the proportional equity of each account or fund in the property and improvements, and shall direct the proceeds to be deposited proportionally therein.
[
2018 c 217 s 6
;
1993 c 438 s 1
.]
RCW 43.43.120
Patrol retirement system
—
Definitions.
(Effective until June 30, 2029.)
As used in this section and RCW 43.43.130
through
43.43.320, unless a different meaning is plainly required by the context:
(1) "Actuarial equivalent" shall mean a benefit of equal value when computed upon the basis of such mortality table as may be adopted and such interest rate as may be determined by the director.
(2) "Annual increase" means as of July 1, 1999, 77 cents per month per year of service which amount shall be increased each subsequent July 1st by three percent, rounded to the nearest cent.
(3)(a) "Average final salary," for members commissioned prior to January 1, 2003, shall mean the average monthly salary received by a member during the member's last two years of service or any consecutive two-year period of service, whichever is the greater, as an employee of the Washington state patrol; or if the member has less than two years of service, then the average monthly salary received by the member during the member's total years of service.
(b) "Average final salary," for members commissioned on or after January 1, 2003, shall mean the average monthly salary received by a member for the highest consecutive 60 service credit months; or if the member has less than 60 months of service, then the average monthly salary received by the member during the member's total months of service.
(c) In calculating average final salary under (a) or (b) of this subsection, the department of retirement systems shall include:
(i) Any compensation forgone by the member during the 2009-2011 fiscal biennium as a result of reduced work hours, mandatory or voluntary leave without pay, temporary reduction in pay implemented prior to December 11, 2010, or temporary layoffs if the reduced compensation is an integral part of the employer's expenditure reduction efforts, as certified by the chief;
(ii) Any compensation forgone by a member during the 2011-2013 fiscal biennium as a result of reduced work hours, mandatory leave without pay, temporary layoffs, or reductions to current pay if the reduced compensation is an integral part of the employer's expenditure reduction efforts, as certified by the chief. Reductions to current pay shall not include elimination of previously agreed upon future salary reductions; and
(iii) Any compensation forgone by a member during the 2019-2021 and 2021-2023 fiscal biennia as a result of reduced work hours, mandatory leave without pay, temporary layoffs, furloughs, reductions to current pay, or other similar measures resulting from the COVID-19 budgetary crisis, if the reduced compensation is an integral part of the employer's expenditure reduction efforts, as certified by the chief. Reductions to current pay shall not include elimination of previously agreed upon future salary increases.
(4) "Beneficiary" means any person in receipt of retirement allowance or any other benefit allowed by this chapter.
(5)(a) "Cadet," for a person who became a member of the retirement system after June 12, 1980, is a person who has passed the Washington state patrol's entry-level oral, written, physical performance, and background examinations and is, thereby, appointed by the chief as a candidate to be a commissioned officer of the Washington state patrol.
(b) "Cadet," for a person who became a member of the retirement system before June 12, 1980, is a trooper cadet, patrol cadet, or employee of like classification, employed for the express purpose of receiving the on-the-job training required for attendance at the state patrol academy and for becoming a commissioned trooper. "Like classification" includes: Radio operators or dispatchers; persons providing security for the governor or legislature; patrol officers; drivers' license examiners; weighmasters; vehicle safety inspectors; central wireless operators; and warehouse workers.
(6) "Contributions" means the deduction from the compensation of each member in accordance with the contribution rates established under chapter
41.45
RCW.
(7) "Current service" shall mean all service as a member rendered on or after August 1, 1947.
(8) "Department" means the department of retirement systems created in chapter
41.50
RCW.
(9) "Director" means the director of the department of retirement systems.
(10) "Domestic partners" means two adults who have registered as domestic partners under RCW 26.60.040
.
(11) "Employee" means any commissioned employee of the Washington state patrol.
(12) "Insurance commissioner" means the insurance commissioner of the state of Washington.
(13) "Lieutenant governor" means the lieutenant governor of the state of Washington.
(14) "Member" means any person included in the membership of the retirement fund.
(15) "Plan 2" means the Washington state patrol retirement system plan 2, providing the benefits and funding provisions covering commissioned employees who first become members of the system on or after January 1, 2003.
(16) "Prior service" shall mean all services rendered by a member to the state of Washington, or any of its political subdivisions prior to August 1, 1947, unless such service has been credited in another public retirement or pension system operating in the state of Washington.
(17) "Regular interest" means interest compounded annually at such rates as may be determined by the director.
(18) "Retirement board" means the board provided for in this chapter.
(19) "Retirement fund" means the Washington state patrol retirement fund.
(20) "Retirement system" means the Washington state patrol retirement system.
(21)(a) "Salary," for members commissioned prior to July 1, 2001, shall exclude any overtime earnings related to RCW 47.46.040, or any voluntary overtime, earned on or after July 1, 2001, and prior to July 1, 2017, and lump sum payments for unused accumulated vacation or annual leave in excess of 240 hours, plus hours earned since the member's anniversary date. On or after July 1, 2017, salary shall exclude overtime earnings in excess of 70 hours per year in total related to either RCW 47.46.040
or any voluntary overtime. On or after June 6, 2024, salary shall exclude earnings from the longevity bonus created in RCW 43.43.386
.
(b) "Salary," for members commissioned from July 1, 2001, to December 31, 2002, shall exclude any overtime earnings related to RCW 47.46.040
or any voluntary overtime, earned prior to July 1, 2017, lump sum payments for deferred annual sick leave, or any form of severance pay. On or after July 1, 2017, salary shall exclude overtime earnings in excess of 70 hours per year in total related to either RCW 47.46.040
or any voluntary overtime. On or after June 6, 2024, salary shall exclude earnings from the longevity bonus created in RCW 43.43.386
.
(c) "Salary," for members commissioned on or after January 1, 2003, shall exclude any overtime earnings related to RCW 47.46.040
or any voluntary overtime, earned prior to July 1, 2017, lump sum payments for deferred annual sick leave, unused accumulated vacation, unused accumulated annual leave, holiday pay, or any form of severance pay. On or after July 1, 2017, salary shall exclude overtime earnings in excess of 70 hours per year in total related to either RCW 47.46.040
or any voluntary overtime. On or after June 6, 2024, salary shall exclude earnings from the longevity bonus created in RCW 43.43.386
.
(d) The addition of overtime earnings related to RCW 47.46.040
or any voluntary overtime earned on or after July 1, 2017, in chapter 181, Laws of 2017 is a benefit improvement that increases the member maximum contribution rate under RCW 41.45.0631
(1) by 1.10 percent.
(22)(a) "Service" shall mean services rendered to the state of Washington or any political subdivisions thereof for which compensation has been paid. Full time employment for 70 or more hours in any given calendar month shall constitute one month of service. An employee who is reinstated in accordance with RCW 43.43.110
shall suffer no loss of service for the period reinstated subject to the contribution requirements of this chapter. Only months of service shall be counted in the computation of any retirement allowance or other benefit provided for herein. Years of service shall be determined by dividing the total number of months of service by 12. Any fraction of a year of service as so determined shall be taken into account in the computation of such retirement allowance or benefit.
(b) Reduction efforts such as furloughs, reduced work hours, mandatory leave without pay, temporary layoffs, or other similar situations as contemplated by subsection (3)(c)(iii) of this section do not result in a reduction in service credit that otherwise would have been earned for that month of work, and the member shall receive the full service credit for the hours that were scheduled to be worked before the reduction.
(23) "State actuary" or "actuary" means the person appointed pursuant to RCW 44.44.010
(2).
(24) "State treasurer" means the treasurer of the state of Washington.
Unless the context expressly indicates otherwise, words importing the masculine gender shall be extended to include the feminine gender and words importing the feminine gender shall be extended to include the masculine gender.
[
2024 c 237 s 3
;
2024 c 151 s 4
;
2021 c 12 s 8
;
2020 c 97 s 2
;
2017 c 181 s 1
;
2011 1st sp.s. c 5 s 6
;
2010 2nd sp.s. c 1 s 907
;
2010 1st sp.s. c 32 s 9
. Prior:
2009 c 549 s 5124
;
2009 c 522 s 1
;
2001 c 329 s 3
;
1999 c 74 s 1
;
1983 c 81 s 1
;
1982 1st ex.s. c 52 s 24
;
1980 c 77 s 1
;
1973 1st ex.s. c 180 s 1
;
1969 c 12 s 1
;
1965 c 8 s 43.43.120
; prior:
1955 c 244 s 1
;
1953 c 262 s 1
;
1951 c 140 s 1
;
1947 c 250 s 1
; Rem. Supp. 1947 s 6362-81.]
NOTES:
Reviser's note:
This section was amended by 2024 c 151 s 4 and by 2024 c 237 s 3, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025
(2). For rule of construction, see RCW 1.12.025
(1).
Expiration date
—
2024 c 237 s 3:
"Section 3 of this act expires June 30, 2029." [
2024 c 237 s 5
.]
Findings
—
Intent
—
2024 c 237:
See note following RCW 43.43.386
.
Retroactive application
—
2021 c 12:
See note following RCW 41.26.030
.
Intent
—
2020 c 97:
"(1) In 2001, the legislature passed chapter 329, Laws of 2001 which, beginning July 1, 2001, removed the ability for newly commissioned officers in the Washington state patrol to include certain types of earnings in their final average salary used for calculating their pension at the time of retirement. Chapter 329, Laws of 2001 also created the Washington state patrol retirement system plan 2 which applied to commissioned employees who first become members of the system on or after January 1, 2003.
(2) The legislature intends to allow state patrol troopers who were commissioned between July 1, 2001, and December 31, 2002, to include unused vacation, annual leave, and holiday pay in their salary average at retirement." [
2020 c 97 s 1
.]
Effective date
—
2011 1st sp.s. c 5:
See note following RCW 41.26.030
.
Effective date
—
2010 2nd sp.s. c 1:
See note following RCW 38.52.105
.
Intent
—
Conflict with federal requirements
—
Effective date
—
2010 1st sp.s. c 32:
See notes following RCW 42.04.060
.
Effective date
—
2001 c 329:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001." [
2001 c 329 s 14
.]
Effective date
—
1983 c 81:
"This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1983." [1983 c 81s 4.]
Effective dates
—
1982 1st ex.s. c 52:
See note following RCW 2.10.180
.
Construction
—
1969 c 12:
"The provisions of this 1969 amendatory act are intended to be remedial and procedural and any benefits heretofore paid to recipients hereunder pursuant to any previous act are retroactively included and authorized as a part of this act." [
1969 c 12 s 8
.]
PDF
RCW 43.43.120
Patrol retirement system
—
Definitions.
(Effective June 30, 2029.)
As used in this section and RCW 43.43.130
through
43.43.320, unless a different meaning is plainly required by the context:
(1) "Actuarial equivalent" shall mean a benefit of equal value when computed upon the basis of such mortality table as may be adopted and such interest rate as may be determined by the director.
(2) "Annual increase" means as of July 1, 1999, seventy-seven cents per month per year of service which amount shall be increased each subsequent July 1st by three percent, rounded to the nearest cent.
(3)(a) "Average final salary," for members commissioned prior to January 1, 2003, shall mean the average monthly salary received by a member during the member's last two years of service or any consecutive two-year period of service, whichever is the greater, as an employee of the Washington state patrol; or if the member has less than two years of service, then the average monthly salary received by the member during the member's total years of service.
(b) "Average final salary," for members commissioned on or after January 1, 2003, shall mean the average monthly salary received by a member for the highest consecutive sixty service credit months; or if the member has less than sixty months of service, then the average monthly salary received by the member during the member's total months of service.
(c) In calculating average final salary under (a) or (b) of this subsection, the department of retirement systems shall include:
(i) Any compensation forgone by the member during the 2009-2011 fiscal biennium as a result of reduced work hours, mandatory or voluntary leave without pay, temporary reduction in pay implemented prior to December 11, 2010, or temporary layoffs if the reduced compensation is an integral part of the employer's expenditure reduction efforts, as certified by the chief;
(ii) Any compensation forgone by a member during the 2011-2013 fiscal biennium as a result of reduced work hours, mandatory leave without pay, temporary layoffs, or reductions to current pay if the reduced compensation is an integral part of the employer's expenditure reduction efforts, as certified by the chief. Reductions to current pay shall not include elimination of previously agreed upon future salary reductions; and
(iii) Any compensation forgone by a member during the 2019-2021 and 2021-2023 fiscal biennia as a result of reduced work hours, mandatory leave without pay, temporary layoffs, furloughs, reductions to current pay, or other similar measures resulting from the COVID-19 budgetary crisis, if the reduced compensation is an integral part of the employer's expenditure reduction efforts, as certified by the chief. Reductions to current pay shall not include elimination of previously agreed upon future salary increases.
(4) "Beneficiary" means any person in receipt of retirement allowance or any other benefit allowed by this chapter.
(5)(a) "Cadet," for a person who became a member of the retirement system after June 12, 1980, is a person who has passed the Washington state patrol's entry-level oral, written, physical performance, and background examinations and is, thereby, appointed by the chief as a candidate to be a commissioned officer of the Washington state patrol.
(b) "Cadet," for a person who became a member of the retirement system before June 12, 1980, is a trooper cadet, patrol cadet, or employee of like classification, employed for the express purpose of receiving the on-the-job training required for attendance at the state patrol academy and for becoming a commissioned trooper. "Like classification" includes: Radio operators or dispatchers; persons providing security for the governor or legislature; patrol officers; drivers' license examiners; weighmasters; vehicle safety inspectors; central wireless operators; and warehouse workers.
(6) "Contributions" means the deduction from the compensation of each member in accordance with the contribution rates established under chapter
41.45
RCW.
(7) "Current service" shall mean all service as a member rendered on or after August 1, 1947.
(8) "Department" means the department of retirement systems created in chapter
41.50
RCW.
(9) "Director" means the director of the department of retirement systems.
(10) "Domestic partners" means two adults who have registered as domestic partners under RCW 26.60.040
.
(11) "Employee" means any commissioned employee of the Washington state patrol.
(12) "Insurance commissioner" means the insurance commissioner of the state of Washington.
(13) "Lieutenant governor" means the lieutenant governor of the state of Washington.
(14) "Member" means any person included in the membership of the retirement fund.
(15) "Plan 2" means the Washington state patrol retirement system plan 2, providing the benefits and funding provisions covering commissioned employees who first become members of the system on or after January 1, 2003.
(16) "Prior service" shall mean all services rendered by a member to the state of Washington, or any of its political subdivisions prior to August 1, 1947, unless such service has been credited in another public retirement or pension system operating in the state of Washington.
(17) "Regular interest" means interest compounded annually at such rates as may be determined by the director.
(18) "Retirement board" means the board provided for in this chapter.
(19) "Retirement fund" means the Washington state patrol retirement fund.
(20) "Retirement system" means the Washington state patrol retirement system.
(21)(a) "Salary," for members commissioned prior to July 1, 2001, shall exclude any overtime earnings related to RCW 47.46.040, or any voluntary overtime, earned on or after July 1, 2001, and prior to July 1, 2017, and lump sum payments for unused accumulated vacation or annual leave in excess of 240 hours, plus hours earned since the member's anniversary date. On or after July 1, 2017, salary shall exclude overtime earnings in excess of seventy hours per year in total related to either RCW 47.46.040
or any voluntary overtime.
(b) "Salary," for members commissioned from July 1, 2001, to December 31, 2002, shall exclude any overtime earnings related to RCW 47.46.040
or any voluntary overtime, earned prior to July 1, 2017, lump sum payments for deferred annual sick leave, or any form of severance pay. On or after July 1, 2017, salary shall exclude overtime earnings in excess of seventy hours per year in total related to either RCW 47.46.040
or any voluntary overtime.
(c) "Salary," for members commissioned on or after January 1, 2003, shall exclude any overtime earnings related to RCW 47.46.040
or any voluntary overtime, earned prior to July 1, 2017, lump sum payments for deferred annual sick leave, unused accumulated vacation, unused accumulated annual leave, holiday pay, or any form of severance pay. On or after July 1, 2017, salary shall exclude overtime earnings in excess of seventy hours per year in total related to either RCW 47.46.040
or any voluntary overtime.
(d) The addition of overtime earnings related to RCW 47.46.040
or any voluntary overtime earned on or after July 1, 2017, in chapter 181, Laws of 2017 is a benefit improvement that increases the member maximum contribution rate under RCW 41.45.0631
(1) by 1.10 percent.
(22)(a) "Service" shall mean services rendered to the state of Washington or any political subdivisions thereof for which compensation has been paid. Full time employment for seventy or more hours in any given calendar month shall constitute one month of service. An employee who is reinstated in accordance with RCW 43.43.110
shall suffer no loss of service for the period reinstated subject to the contribution requirements of this chapter. Only months of service shall be counted in the computation of any retirement allowance or other benefit provided for herein. Years of service shall be determined by dividing the total number of months of service by twelve. Any fraction of a year of service as so determined shall be taken into account in the computation of such retirement allowance or benefit.
(b) Reduction efforts such as furloughs, reduced work hours, mandatory leave without pay, temporary layoffs, or other similar situations as contemplated by subsection (3)(c)(iii) of this section do not result in a reduction in service credit that otherwise would have been earned for that month of work, and the member shall receive the full service credit for the hours that were scheduled to be worked before the reduction.
(23) "State actuary" or "actuary" means the person appointed pursuant to RCW 44.44.010
(2).
(24) "State treasurer" means the treasurer of the state of Washington.
Unless the context expressly indicates otherwise, words importing the masculine gender shall be extended to include the feminine gender and words importing the feminine gender shall be extended to include the masculine gender.
[
2024 c 151 s 4
;
2021 c 12 s 8
;
2020 c 97 s 2
;
2017 c 181 s 1
;
2011 1st sp.s. c 5 s 6
;
2010 2nd sp.s. c 1 s 907
;
2010 1st sp.s. c 32 s 9
. Prior:
2009 c 549 s 5124
;
2009 c 522 s 1
;
2001 c 329 s 3
;
1999 c 74 s 1
;
1983 c 81 s 1
;
1982 1st ex.s. c 52 s 24
;
1980 c 77 s 1
;
1973 1st ex.s. c 180 s 1
;
1969 c 12 s 1
;
1965 c 8 s 43.43.120
; prior:
1955 c 244 s 1
;
1953 c 262 s 1
;
1951 c 140 s 1
;
1947 c 250 s 1
; Rem. Supp. 1947 s 6362-81.]
NOTES:
Retroactive application
—
2021 c 12:
See note following RCW 41.26.030
.
Intent
—
2020 c 97:
"(1) In 2001, the legislature passed chapter 329, Laws of 2001 which, beginning July 1, 2001, removed the ability for newly commissioned officers in the Washington state patrol to include certain types of earnings in their final average salary used for calculating their pension at the time of retirement. Chapter 329, Laws of 2001 also created the Washington state patrol retirement system plan 2 which applied to commissioned employees who first become members of the system on or after January 1, 2003.
(2) The legislature intends to allow state patrol troopers who were commissioned between July 1, 2001, and December 31, 2002, to include unused vacation, annual leave, and holiday pay in their salary average at retirement." [
2020 c 97 s 1
.]
Effective date
—
2011 1st sp.s. c 5:
See note following RCW 41.26.030
.
Effective date
—
2010 2nd sp.s. c 1:
See note following RCW 38.52.105
.
Intent
—
Conflict with federal requirements
—
Effective date
—
2010 1st sp.s. c 32:
See notes following RCW 42.04.060
.
Effective date
—
2001 c 329:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001." [
2001 c 329 s 14
.]
Effective date
—
1983 c 81:
"This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1983." [1983 c 81s 4.]
Effective dates
—
1982 1st ex.s. c 52:
See note following RCW 2.10.180
.
Construction
—
1969 c 12:
"The provisions of this 1969 amendatory act are intended to be remedial and procedural and any benefits heretofore paid to recipients hereunder pursuant to any previous act are retroactively included and authorized as a part of this act." [
1969 c 12 s 8
.]
RCW 43.43.130
Retirement fund created
—
Membership.
(1) A Washington state patrol retirement fund is hereby established for members of the Washington state patrol which shall include funds created and placed under the management of a retirement board for the payment of retirement allowances and other benefits under the provisions hereof.
(2) Any employee of the Washington state patrol, upon date of commissioning, shall be eligible to participate in the retirement plan and shall start contributing to the fund immediately. Any employee of the Washington state patrol employed by the state of Washington or any of its political subdivisions prior to August 1, 1947, unless such service has been credited in another public retirement or pension system operating in the state of Washington shall receive full credit for such prior service but after that date each new commissioned employee must automatically participate in the fund. If a member shall terminate service in the patrol and later reenter, he or she shall be treated in all respects as a new employee.
(3)(a) A member who reenters or has reentered service within ten years from the date of his or her termination, shall upon completion of six months of continuous service and upon the restoration of all withdrawn contributions, plus interest as determined by the director, which restoration must be completed within five years after resumption of service, be returned to the status of membership he or she earned at the time of termination.
(b) A member who does not meet the time limitations for restoration under (a) of this subsection, may restore the service credit destroyed by the withdrawn contributions by paying the amount required under RCW 41.50.165
(2) prior to retirement.
(4)(a) An employee of the Washington state patrol who becomes a member of the retirement system after June 12, 1980, and who has service as a cadet in the patrol training program may make an irrevocable election to transfer the service to the retirement system. Any member upon making such election shall have transferred all existing service credited in a prior public retirement system in this state for periods of employment as a cadet. Transfer of credit under this subsection is contingent on completion of the transfer of funds specified in (b) of this subsection.
(b) Within sixty days of notification of a member's cadet service transfer as provided in (a) of this subsection, the department of retirement systems shall transfer the employee's accumulated contributions attributable to the periods of service as a cadet, including accumulated interest.
(5) A member of the retirement system who has served or shall serve on active federal service in the armed forces of the United States pursuant to and by reason of orders by competent federal authority, who left or shall leave the Washington state patrol to enter such service, and who within one year from termination of such active federal service, resumes employment as a state employee, shall have his or her service in such armed forces credited to him or her as a member of the retirement system: PROVIDED, That no such service in excess of five years shall be credited unless such service was actually rendered during time of war or emergency.
(6) An active employee of the Washington state patrol who either became a member of the retirement system prior to June 12, 1980, and who has prior service as a cadet in the public employees' retirement system may make an irrevocable election to transfer such service to the retirement system within a period ending June 30, 1985, or, if not an active employee on July 1, 1983, within one year of returning to commissioned service, whichever date is later. Any member upon making such election shall have transferred all existing service credited in the public employees' retirement system which constituted service as a cadet together with the employee's contributions plus credited interest. If the employee has withdrawn the employee's contributions, the contributions must be restored to the public employees' retirement system before the transfer of credit can occur and such restoration must be completed within the time limits specified in this subsection for making the elective transfer.
(7) An active employee of the Washington state patrol who either became a member of the retirement system prior to June 12, 1980, or who has prior service as a cadet in the public employees' retirement system may make an irrevocable election to transfer such service to the retirement system if they have not met the time limitations of subsection (6) of this section by paying the amount required under RCW 41.50.165
(2) less the contributions transferred. Any member upon making such election shall have transferred all existing service credited in the public employees' retirement system that constituted service as a cadet together with the employee's contributions plus credited interest. If the employee has withdrawn the employee's contributions, the contributions must be restored to the public employees' retirement system before the transfer of credit can occur and such restoration must be completed within the time limits specified in subsection (6) of this section for making the elective transfer.
(8) An active employee of the Washington state patrol may establish up to six months' retirement service credit in the state patrol retirement system for any period of employment by the Washington state patrol as a cadet if service credit for such employment was not previously established in the public employees' retirement system, subject to the following:
(a) Certification by the patrol that such employment as a cadet was for the express purpose of receiving on-the-job training required for attendance at the state patrol academy and for becoming a commissioned trooper.
(b) Payment by the member of employee contributions in the amount of seven percent of the total salary paid for each month of service to be established, plus interest at seven percent from the date of the probationary service to the date of payment. This payment shall be made by the member no later than July 1, 1988.
(c) If the payment required under (b) of this subsection was not made by July 1, 1988, the member may establish the probationary service by paying the amount required under RCW 41.50.165
(2).
(d) A written waiver by the member of the member's right to ever establish the same service in the public employees' retirement system at any time in the future.
(9) The department of retirement systems shall make the requested transfer subject to the conditions specified in subsections (6) and (7) of this section or establish additional credit as provided in subsection (8) of this section. Employee contributions and credited interest transferred shall be credited to the employee's account in the Washington state patrol retirement system.
[
2009 c 549 s 5125
;
1994 c 197 s 33
;
1987 c 215 s 1
;
1986 c 154 s 1
;
1983 c 81 s 2
;
1980 c 77 s 2
;
1965 c 8 s 43.43.130
. Prior:
1953 c 262 s 2
;
1951 c 140 s 2
;
1947 c 250 s 2
; Rem. Supp. 1947 s 6362-82.]
NOTES:
Intent
—
Severability
—
Effective date
—
1994 c 197:
See notes following RCW 41.50.165
.
Effective date
—
1987 c 215:
"This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1987." [
1987 c 215 s 3
.]
Effective date
—
1983 c 81:
See note following RCW 43.43.120
.
RCW 43.43.135
Membership in more than one retirement system.
In any case where the Washington state patrol retirement system has in existence an agreement with another retirement system in connection with exchange of service credit or an agreement whereby members can retain service credit in more than one system, an employee holding membership in, or receiving pension benefits under, any retirement plan operated wholly or in part by an agency of the state or political subdivision thereof, or who is by reason of his or her current employment contributing to or otherwise establishing the right to receive benefits from any such retirement plan, shall be allowed membership rights should the agreement so provide.
[
2009 c 549 s 5126
;
1965 c 8 s 43.43.135
. Prior:
1951 c 140 s 10
.]
RCW 43.43.137
Reestablishment of service credit by former members who are members of the public employees' retirement system
—
Conditions.
Former members of the retirement system established under this chapter who are currently members of the retirement system governed by chapter
41.40
RCW are permitted to reestablish service credit with the system subject to the following:
(1) The former member must have separated and withdrawn contributions from the system prior to January 1, 1966, and not returned to membership since that date;
(2) The former member must have been employed by the department of licensing, or its predecessor agency, in a capacity related to drivers' license examining within thirty days after leaving commissioned status with the state patrol; and
(3) The former member must make payment to the system of the contributions withdrawn with interest at the rate set by the director from the date of withdrawal to the date of repayment. Such payment must be made no later than June 30, 1986.
[
1986 c 154 s 2
.]
RCW 43.43.138
Establishing, restoring service credit.
Notwithstanding any provision to the contrary, persons who fail to:
(1) Establish allowable membership service not previously credited;
(2) Restore all or a part of that previously credited membership service represented by withdrawn contributions; or
(3) Restore service credit represented by a lump sum payment in lieu of benefits, before the deadline established by statute, may do so under the conditions set forth in RCW 41.50.165
.
[
1998 c 17 s 5
.]
RCW 43.43.139
Membership while serving as state legislator
—
Conditions.
Any member of the retirement system who, on or after January 1, 1995, is on leave of absence for the purpose of serving as a state legislator, may elect to continue to be a member of this retirement system. The member shall continue to receive service credit subject to the following:
(1) The member will not receive more than one month's service credit in a calendar month;
(2) Employer contributions shall be paid by the legislature;
(3) Contributions shall be based on the regular compensation which the member would have received had such a member not served in the legislature;
(4) The service and compensation credit under this section shall be granted only for periods during which the legislature is in session; and
(5) No service credit for service as a legislator will be allowed after a member separates from employment with the Washington state patrol.
[
1997 c 123 s 1
.]
RCW 43.43.142
Retirement board abolished
—
Transfer of powers, duties, and functions.
The retirement board established by this chapter is abolished. All powers, duties, and functions of the board are transferred to the director of retirement systems.
[
1982 c 163 s 18
.]
NOTES:
Severability
—
Effective date
—
1982 c 163:
See notes following RCW 2.10.052
.
RCW 43.43.165
Board may receive contributions from any source.
Contributions may be received by the Washington state patrol retirement board from any public or private source for deposit into the Washington state patrol retirement fund, and said contributions shall be dealt with in the same manner as other state patrol retirement funds and subject to the terms of the contribution.
[
1965 c 8 s 43.43.165
. Prior:
1955 c 244 s 4
.]
RCW 43.43.220
Retirement fund
—
Expenses.
The Washington state patrol retirement fund shall be the fund from which shall be paid all retirement allowances or benefits in lieu thereof which are payable as provided herein. The expenses of operating the retirement system shall be paid from appropriations made for the operation of the Washington state patrol.
[
1989 c 273 s 25
;
1973 1st ex.s. c 180 s 2
;
1965 c 8 s 43.43.220
. Prior:
1961 c 93 s 1
;
1957 c 162 s 2
;
1951 c 140 s 3
;
1947 c 250 s 11
; Rem. Supp. 1947 s 6362-91.]
RCW 43.43.230
Total service credit.
Subject to the provisions of RCW 43.43.260, at retirement, the total service credited to a member shall consist of all the member's current service and accredited prior service.
[
1982 1st ex.s. c 52 s 25
;
1965 c 8 s 43.43.230
. Prior:
1953 c 262 s 3
;
1947 c 250 s 12
; Rem. Supp. 1947 s 6362-92.]
NOTES:
Effective dates
—
1982 1st ex.s. c 52:
See note following RCW 2.10.180
.
RCW 43.43.233
Purchase of additional service credit
—
Costs
—
Rules.
(1) A member eligible to retire under RCW 43.43.250
may, at the time of filing a written application for retirement with the department, apply to the department to make a one-time purchase of up to five years of additional service credit.
(2) To purchase additional service credit under this section, a member shall pay the actuarial equivalent value of the resulting increase in the member's benefit.
(3) Subject to rules adopted by the department, a member purchasing additional service credit under this section may pay all or part of the cost with a lump sum payment, eligible rollover, direct rollover, or trustee-to-trustee transfer from an eligible retirement plan. The department shall adopt rules to ensure that all lump sum payments, rollovers, and transfers comply with the requirements of the internal revenue code and regulations adopted by the internal revenue service. The rules adopted by the department may condition the acceptance of a rollover or transfer from another plan on the receipt of information necessary to enable the department to determine the eligibility of any transferred funds for tax-free rollover treatment or other treatment under federal income tax law.
(4) Additional service credit purchased under this section is not membership service and shall be used exclusively to provide the member with a monthly annuity that is paid in addition to the member's retirement allowance.
[
2006 c 214 s 6
.]
NOTES:
Effective date
—
2006 c 214:
See note following RCW 41.40.034
.
RCW 43.43.235
Service credit for paid leave of absence.
(1) A member who is on a paid leave of absence authorized by a member's employer shall continue to receive service credit as provided under the provisions of RCW 43.43.120
through
43.43.310
.
(2) A member who receives compensation from an employer while on an authorized leave of absence to serve as an elected official of a labor organization, and whose employer is reimbursed by the labor organization for the compensation paid to the member during the period of absence, may also be considered to be on a paid leave of absence. This subsection shall only apply if the member's leave of absence is authorized by a collective bargaining agreement that provides that the member retains seniority rights with the employer during the period of leave. The basic salary reported for a member who establishes service credit under this subsection may not be greater than the salary paid to the highest paid job class covered by the collective bargaining agreement.
[
2000 c 78 s 1
.]
NOTES:
Retroactive application
—
2000 c 78 s 1:
"Section 1 of this act applies on a retroactive basis to members for whom compensation and hours were reported under the circumstances described in section 1 of this act. Section 1 of this act may also be applied on a retroactive basis to November 23, 1987, to members for whom compensation and hours would have been reported except for explicit instructions from the department of retirement systems." [
2000 c 78 s 2
.]
RCW 43.43.240
Legal adviser.
The attorney general shall be the legal adviser of the retirement board.
[
1965 c 8 s 43.43.240
. Prior:
1947 c 250 s 13
; Rem. Supp. 1947 s 6362-93.]
RCW 43.43.250
Retirement of members.
(1)(a) Until July 1, 2007, any member who has attained the age of sixty years shall be retired on the first day of the calendar month next succeeding that in which the member has attained the age of sixty. However, the requirement to retire at age sixty does not apply to a member serving as chief of the Washington state patrol.
(b) Beginning July 1, 2007, any active member who has obtained the age of sixty-five years shall be retired on the first day of the calendar month next succeeding that in which the member has attained the age of sixty-five. However, the requirement to retire at age sixty-five does not apply to a member serving as chief of the Washington state patrol.
(2) Any member who has completed twenty-five years of credited service or has attained the age of fifty-five may apply to retire as provided in RCW 43.43.260, by completing and submitting an application form to the department, setting forth at what time the member desires to be retired.
[
2007 c 87 s 1
;
1982 1st ex.s. c 52 s 26
; 1975-'76 2nd ex.s. c 116 s 1;
1969 c 12 s 3
;
1965 c 8 s 43.43.250
. Prior:
1963 c 175 s 1
;
1957 c 162 s 3
;
1951 c 140 s 4
;
1947 c 250 s 14
; Rem. Supp. 1947 s 6362-94.]
NOTES:
Effective dates
—
1982 1st ex.s. c 52:
See note following RCW 2.10.180
.
Construction
—
1969 c 12:
See note following RCW 43.43.120
.
RCW 43.43.260
Benefits
—
Military service credit.
Upon retirement from service as provided in RCW 43.43.250, a member shall be granted a retirement allowance which shall consist of:
(1) A prior service allowance which shall be equal to two percent of the member's average final salary multiplied by the number of years of prior service rendered by the member.
(2) A current service allowance which shall be equal to two percent of the member's average final salary multiplied by the number of years of service rendered while a member of the retirement system.
(3)(a) Any member commissioned prior to January 1, 2003, with twenty-five years service in the Washington state patrol may have the member's service in the uniformed services credited as a member whether or not the individual left the employ of the Washington state patrol to enter such uniformed services: PROVIDED, That in no instance shall military service in excess of five years be credited: AND PROVIDED FURTHER, That in each instance, a member must restore all withdrawn accumulated contributions, which restoration must be completed on the date of the member's retirement, or as provided under RCW 43.43.130, whichever occurs first: AND PROVIDED FURTHER, That this section shall not apply to any individual, not a veteran within the meaning of RCW 41.06.150
.
(b) A member who leaves the Washington state patrol to enter the uniformed services of the United States shall be entitled to retirement system service credit for up to five years of military service. This subsection shall be administered in a manner consistent with the requirements of the federal uniformed services employment and reemployment rights act.
(i) The member qualifies for service credit under this subsection if:
(A) Within ninety days of the member's honorable discharge from the uniformed services of the United States, the member applies for reemployment with the employer who employed the member immediately prior to the member entering the uniformed services; and
(B) The member makes the employee contributions required under RCW 41.45.0631
and
41.45.067
within five years of resumption of service or prior to retirement, whichever comes sooner; or
(C) Prior to retirement and not within ninety days of the member's honorable discharge or five years of resumption of service the member pays the amount required under RCW 41.50.165
(2); or
(D) If the member was commissioned on or after January 1, 2003, and, prior to retirement, the member provides to the director proof that the member's interruptive military service was during a period of war as defined in RCW 41.04.005
. Any member who made payments for service credit for interruptive military service during a period of war as defined in RCW 41.04.005
may, prior to retirement and on a form provided by the department, request a refund of the funds standing to his or her credit for up to five years of such service, and this amount shall be paid to him or her. Members with one or more periods of interruptive military service credit during a period of war may receive no more than five years of free retirement system service credit under this subsection.
(ii) Upon receipt of member contributions under (b)(i)(B), (b)(iv)(C), and (b)(v)(C) of this subsection, or adequate proof under (b)(i)(D), (b)(iv)(D), or (b)(v)(D) of this subsection, the department shall establish the member's service credit and shall bill the employer for its contribution required under RCW 41.45.060
for the period of military service, plus interest as determined by the department.
(iii) The contributions required under (b)(i)(B), (b)(iv)(C), and (b)(v)(C) of this subsection shall be based on the compensation the member would have earned if not on leave, or if that cannot be estimated with reasonable certainty, the compensation reported for the member in the year prior to when the member went on military leave.
(iv) The surviving spouse or lawful domestic partner or eligible child or children of a member who left the employ of an employer to enter the uniformed services of the United States and died while serving in the uniformed services may, on behalf of the deceased member, apply for retirement system service credit under this subsection up to the date of the member's death in the uniformed services. The department shall establish the deceased member's service credit if the surviving spouse or lawful domestic partner or eligible child or children:
(A) Provides to the director proof of the member's death while serving in the uniformed services;
(B) Provides to the director proof of the member's honorable service in the uniformed services prior to the date of death; and
(C) If the member was commissioned on or after January 1, 2003, pays the employee contributions required under chapter
41.45
RCW within five years of the date of death or prior to the distribution of any benefit, whichever comes first; or
(D) If the member was commissioned on or after January 1, 2003, and, prior to the distribution of any benefit, provides to the director proof that the member's interruptive military service was during a period of war as defined in RCW 41.04.005
. If the deceased member made payments for service credit for interruptive military service during a period of war as defined in RCW 41.04.005, the surviving spouse or eligible child or children may, prior to the distribution of any benefit and on a form provided by the department, request a refund of the funds standing to the deceased member's credit for up to five years of such service, and this amount shall be paid to the surviving spouse or children. Members with one or more periods of interruptive military service during a period of war may receive no more than five years of free retirement system service credit under this subsection.
(v) A member who leaves the employ of an employer to enter the uniformed services of the United States and becomes totally incapacitated for continued employment by an employer while serving in the uniformed services is entitled to retirement system service credit under this subsection up to the date of discharge from the uniformed services if:
(A) The member obtains a determination from the director that he or she is totally incapacitated for continued employment due to conditions or events that occurred while serving in the uniformed services;
(B) The member provides to the director proof of honorable discharge from the uniformed services; and
(C) If the member was commissioned on or after January 1, 2003, the member pays the employee contributions required under chapter
41.45
RCW within five years of the director's determination of total disability or prior to the distribution of any benefit, whichever comes first; or
(D) If the member was commissioned on or after January 1, 2003, and, prior to retirement, the member provides to the director proof that the member's interruptive military service was during a period of war as defined in RCW 41.04.005
. Any member who made payments for service credit for interruptive military service during a period of war as defined in RCW 41.04.005
may, prior to retirement and on a form provided by the department, request a refund of the funds standing to his or her credit for up to five years of such service, and this amount shall be paid to him or her. Members with one or more periods of interruptive military service during a period of war may receive no more than five years of free retirement system service credit under this subsection.
(4) In no event shall the total retirement benefits from subsections (1), (2), and (3) of this section, of any member exceed seventy-five percent of the member's average final salary.
(5) Beginning July 1, 2001, and every year thereafter, the department shall determine the following information for each retired member or beneficiary whose retirement allowance has been in effect for at least one year:
(a) The original dollar amount of the retirement allowance;
(b) The index for the calendar year prior to the effective date of the retirement allowance, to be known as "index A";
(c) The index for the calendar year prior to the date of determination, to be known as "index B"; and
(d) The ratio obtained when index B is divided by index A.
The value of the ratio obtained shall be the annual adjustment to the original retirement allowance and shall be applied beginning with the July payment. In no event, however, shall the annual adjustment:
(i) Produce a retirement allowance which is lower than the original retirement allowance;
(ii) Exceed three percent in the initial annual adjustment; or
(iii) Differ from the previous year's annual adjustment by more than three percent.
For the purposes of this section, "index" means, for any calendar year, that year's average consumer price index for the Seattle, Washington area for urban wage earners and clerical workers, all items, compiled by the bureau of labor statistics, United States department of labor.
The provisions of this section shall apply to all members presently retired and to all members who shall retire in the future.
[
2021 c 98 s 1
. Prior:
2009 c 522 s 2
;
2009 c 205 s 9
;
2005 c 64 s 10
;
2002 c 27 s 3
;
2001 c 329 s 4
;
1994 c 197 s 34
;
1982 1st ex.s. c 52 s 27
;
1973 1st ex.s. c 180 s 3
;
1971 ex.s. c 278 s 1
;
1969 c 12 s 4
;
1965 c 8 s 43.43.260
; prior:
1963 c 175 s 2
;
1957 c 162 s 4
;
1955 c 244 s 2
;
1951 c 140 s 5
;
1947 c 250 s 15
; Rem. Supp. 1947 s 6362-95.]
NOTES:
Effective date
—
2001 c 329:
See note following RCW 43.43.120
.
Intent
—
Severability
—
Effective date
—
1994 c 197:
See notes following RCW 41.50.165
.
Effective dates
—
1982 1st ex.s. c 52:
See note following RCW 2.10.180
.
Effective date
—
1971 ex.s. c 278:
"This 1971 amendatory act shall have an effective date of July 1, 1971." [
1971 ex.s. c 278 s 2
.]
Construction
—
1969 c 12:
See note following RCW 43.43.120
.
RCW 43.43.263
Effect of certain accumulated vacation leave on retirement benefits.
RCW 43.01.044
shall not result in any increase in retirement benefits. The rights extended to state officers and employees under RCW 43.01.044
are not intended to and shall not have any effect on retirement benefits under this chapter.
[
1983 c 283 s 5
.]
RCW 43.43.264
Benefit calculation
—
Limitation.
(1) The annual compensation taken into account in calculating retiree benefits under this system shall not exceed the limits imposed by section 401(a)(17) of the federal internal revenue code for qualified trusts.
(2) The department shall adopt rules as necessary to implement this section.
[
1995 c 145 s 4
.]
RCW 43.43.270
Retirement allowances
—
Survivors of disabled members
—
Members commissioned before January 1, 2003.
For members commissioned prior to January 1, 2003:
(1) The normal form of retirement allowance shall be an allowance which shall continue as long as the member lives.
(2) If a member should die while in service, or a member leaves the employ of the employer due to service in the national guard or military reserves and dies while honorably serving in the national guard or military reserves during a period of war as defined in RCW 41.04.005, the member's lawful spouse or lawful domestic partner shall be paid an allowance which shall be equal to fifty percent of the average final salary of the member. If the member should die after retirement the member's lawful spouse or lawful domestic partner shall be paid an allowance which shall be equal to the retirement allowance then payable to the member or fifty percent of the final average salary used in computing the member's retirement allowance, whichever is less. The allowance paid to the lawful spouse or lawful domestic partner shall continue as long as the spouse or domestic partner lives: PROVIDED, That if a surviving spouse or domestic partner who is receiving benefits under this subsection marries, or enters into a domestic partnership with, another member of this retirement system who subsequently predeceases such spouse or domestic partner, the spouse or domestic partner shall then be entitled to receive the higher of the two survivors' allowances for which eligibility requirements were met, but a surviving spouse or domestic partner shall not receive more than one survivor's allowance from this system at the same time under this subsection. To be eligible for an allowance the lawful surviving spouse or lawful domestic partner of a retired member shall have been married to, or in a domestic partnership with, the member prior to the member's retirement and continuously thereafter until the date of the member's death or shall have been married to, or in a domestic partnership with, the retired member at least two years prior to the member's death. The allowance paid to the lawful spouse or lawful domestic partner may be divided with an ex spouse or ex domestic partner of the member by a dissolution order as defined in RCW 41.50.500
(3) incident to a dissolution occurring after July 1, 2002. The dissolution order must specifically divide both the member's benefit and any spousal or domestic partner survivor benefit, and must fully comply with RCW 41.50.670
and
41.50.700
.
(3) If a member should die, either while in service or after retirement, the member's surviving unmarried children under the age of eighteen years shall be provided for in the following manner:
(a) If there is a surviving spouse or domestic partner, each child shall be entitled to a benefit equal to five percent of the final average salary of the member or retired member. The combined benefits to the surviving spouse or domestic partner and all children shall not exceed sixty percent of the final average salary of the member or retired member; and
(b) If there is no surviving spouse or domestic partner or the spouse or domestic partner should die, the child or children shall be entitled to a benefit equal to thirty percent of the final average salary of the member or retired member for one child and an additional ten percent for each additional child. The combined benefits to the children under this subsection shall not exceed sixty percent of the final average salary of the member or retired member. Payments under this subsection shall be prorated equally among the children, if more than one.
(4) If a member should die in the line of duty while employed by the Washington state patrol, or a member leaves the employ of the employer due to service in the national guard or military reserves and dies while honorably serving in the national guard or military reserves during a period of war as defined in RCW 41.04.005, the member's surviving children under the age of twenty years and eleven months if attending any high school, college, university, or vocational or other educational institution accredited or approved by the state of Washington shall be provided for in the following manner:
(a) If there is a surviving spouse or domestic partner, each child shall be entitled to a benefit equal to five percent of the final average salary of the member. The combined benefits to the surviving spouse or domestic partner and all children shall not exceed sixty percent of the final average salary of the member;
(b) If there is no surviving spouse or domestic partner or the spouse or domestic partner should die, the unmarried child or children shall be entitled to receive a benefit equal to thirty percent of the final average salary of the member or retired member for one child and an additional ten percent for each additional child. The combined benefits to the children under this subsection shall not exceed sixty percent of the final average salary. Payments under this subsection shall be prorated equally among the children, if more than one; and
(c) If a beneficiary under this subsection reaches the age of twenty-one years during the middle of a term of enrollment the benefit shall continue until the end of that term.
(5)(a) The provisions of this section shall apply to members who have been retired on disability as provided in RCW 43.43.040
if the officer was a member of the Washington state patrol retirement system at the time of such disability retirement.
(b) For the purposes of this subsection, average final salary as used in subsection (2) of this section means:
(i) For members commissioned prior to January 1, 2003, the average monthly salary received by active members of the patrol of the rank at which the member became disabled, during the two years prior to the death of the disabled member; and
(ii) For members commissioned on or after January 1, 2003, the average monthly salary received by active members of the patrol of the rank at which the member became disabled, during the five years prior to the death of the disabled member.
(c) The changes to the definitions of average final salary for the survivors of disabled members in this subsection shall apply retroactively. The department shall correct future payments to eligible survivors of members disabled prior to June 7, 2006, and, as soon as administratively practicable, pay each survivor a lump sum payment reflecting the difference, as determined by the director, between the survivor benefits previously received by the member, and those the member would have received under the definitions of average final salary created in chapter 94, Laws of 2006.
[
2009 c 522 s 3
;
2009 c 226 s 3
;
2006 c 94 s 1
;
2002 c 158 s 15
;
2001 c 329 s 6
;
1989 c 108 s 1
;
1984 c 206 s 1
;
1982 1st ex.s. c 52 s 28
;
1973 2nd ex.s. c 14 s 3
;
1973 1st ex.s. c 180 s 4
. Prior:
1969 c 12 s 6
;
1965 c 8 s 43.43.270
; prior:
1963 c 175 s 3
;
1961 c 93 s 2
;
1951 c 140 s 6
;
1947 c 250 s 16
; Rem. Supp. 1947 s 6362-96.]
NOTES:
Reviser's note:
This section was amended by 2009 c 226 s 3 and by 2009 c 522 s 3, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025
(2). For rule of construction, see RCW 1.12.025
(1).
Effective date
—
2001 c 329:
See note following RCW 43.43.120
.
Effective date
—
1989 c 108:
"This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1989." [
1989 c 108 s 2
.]
Applicability
—
1984 c 206:
"This act shall apply only to surviving spouses receiving benefits under RCW 43.43.270
(2) on or after March 27, 1984. No surviving spouse whose benefits under RCW 43.43.270
(2) were terminated before March 27, 1984, due to remarriage shall be governed by this act, and this act shall neither retroactively nor prospectively restore such terminated benefits. This act shall apply only to surviving unmarried children receiving benefits under RCW 43.43.270
(3) or (4) on or after March 27, 1984. No benefits shall be paid under RCW 43.43.270
(3)(b) or (4)(b) for any period before March 27, 1984." [
1984 c 206 s 2
.]
Effective dates
—
1982 1st ex.s. c 52:
See note following RCW 2.10.180
.
Construction
—
1969 c 12:
See note following RCW 43.43.120
.
RCW 43.43.271
Retirement allowances
—
Members commissioned on or after January 1, 2003
—
Court-approved property settlement.
(1) A member commissioned on or after January 1, 2003, upon retirement for service as prescribed in RCW 43.43.250
shall elect to have the retirement allowance paid pursuant to the following options, calculated so as to be actuarially equivalent to each other.
(a) Standard allowance. A member electing this option shall receive a retirement allowance payable throughout the member's life. However, if the retiree dies before the total of the retirement allowance paid to the retiree equals the amount of the retiree's accumulated contributions at the time of retirement, then the balance shall be paid to the member's estate, or such person or persons, trust, or organization as the retiree shall have nominated by written designation duly executed and filed with the department; or if there be no such designated person or persons still living at the time of the retiree's death, then to the surviving spouse or domestic partner; or if there be neither such designated person or persons still living at the time of death nor a surviving spouse or domestic partner, then to the retiree's legal representative.
(b) The department shall adopt rules that allow a member to select a retirement option that pays the member a reduced retirement allowance and upon death, such portion of the member's reduced retirement allowance as the department by rule designates shall be continued throughout the life of and paid to a designated person. Such person shall be nominated by the member by written designation duly executed and filed with the department at the time of retirement. The options adopted by the department shall include, but are not limited to, a joint and one hundred percent survivor option and a joint and fifty percent survivor option.
(2)(a) A member, if married or in a domestic partnership, must provide the written consent of his or her spouse or domestic partner to the option selected under this section, except as provided in (b) and (c) of this subsection. If a member is married or in a domestic partnership and both the member and member's spouse or domestic partner do not give written consent to an option under this section, the department will pay the member a joint and fifty percent survivor benefit and record the member's spouse or domestic partner as the beneficiary. This benefit shall be calculated to be actuarially equivalent to the benefit options available under subsection (1) of this section unless consent by the spouse or domestic partner is not required as provided in (b) and (c) of this subsection.
(b) Written consent from a spouse or domestic partner is not required if a member who is married or a domestic partner selects a joint and survivor option under subsection (1)(b) of this section and names the member's spouse or domestic partner as the survivor beneficiary.
(c) If a copy of a dissolution order designating a survivor beneficiary under RCW 41.50.790
has been filed with the department at least thirty days prior to a member's retirement:
(i) The department shall honor the designation as if made by the member under subsection (1) of this section; and
(ii) The spouse or domestic partner consent provisions of (a) of this subsection do not apply.
(3) No later than January 1, 2003, the department shall adopt rules that allow a member additional actuarially equivalent survivor benefit options, and shall include, but are not limited to:
(a)(i) A retired member who retired without designating a survivor beneficiary shall have the opportunity to designate their spouse or domestic partner from a postretirement marriage or domestic partnership as a survivor during a one-year period beginning one year after the date of the postretirement marriage or domestic partnership provided the retirement allowance payable to the retiree is not subject to periodic payments pursuant to a property division obligation as provided for in RCW 41.50.670
.
(ii) A member who entered into a postretirement marriage or domestic partnership prior to the effective date of the rules adopted pursuant to this subsection and satisfies the conditions of (a)(i) of this subsection shall have one year to designate their spouse or domestic partner as a survivor beneficiary following the adoption of the rules.
(b) A retired member who elected to receive a reduced retirement allowance under this section and designated a nonspouse or a nondomestic partner as survivor beneficiary shall have the opportunity to remove the survivor designation and have their future benefit adjusted.
(c) The department may make an additional charge, if necessary, to ensure that the benefits provided under this subsection remain actuarially equivalent.
(4) No later than July 1, 2003, the department shall adopt rules to permit:
(a) A court-approved property settlement incident to a court decree of dissolution made before retirement to provide that benefits payable to a member who has completed at least five years of service and the member's divorcing spouse or former domestic partner be divided into two separate benefits payable over the life of each spouse or domestic partner.
The member shall have available the benefit options of subsection (1) of this section upon retirement, and if remarried or in a domestic partnership at the time of retirement remains subject to the spouse or domestic partner consent requirements of subsection (2) of this section. Any reductions of the member's benefit subsequent to the division into two separate benefits shall be made solely to the separate benefit of the member.
The nonmember ex spouse or former domestic partner shall be eligible to commence receiving their separate benefit upon reaching the ages provided in RCW 43.43.250
(2) and after filing a written application with the department.
(b) A court-approved property settlement incident to a court decree of dissolution made after retirement may only divide the benefit into two separate benefits payable over the life of each spouse or domestic partner if the nonmember ex spouse or former domestic partner was selected as a survivor beneficiary at retirement.
The retired member may later choose the survivor benefit options available in subsection (3) of this section. Any actuarial reductions subsequent to the division into two separate benefits shall be made solely to the separate benefit of the member.
Both the retired member and the nonmember divorced spouse or former domestic partner shall be eligible to commence receiving their separate benefits upon filing a copy of the dissolution order with the department in accordance with RCW 41.50.670
.
(c) The department may make an additional charge or adjustment if necessary to ensure that the separate benefits provided under this subsection are actuarially equivalent to the benefits payable prior to the decree of dissolution.
(5) Beginning on the date that the state receives a determination from the federal internal revenue service that this subsection (5) conforms with federal law, retirees have up to ninety calendar days after the receipt of their first retirement allowance to change their survivor election under subsections (1) and (2) of this section. If a member changes the member's survivor election under this subsection the change is effective the first of the following month and is prospective only.
[
2020 c 161 s 8
;
2019 c 102 s 10
;
2009 c 522 s 4
;
2003 c 294 s 14
;
2002 c 158 s 16
;
2001 c 329 s 5
.]
NOTES:
Effective date
—
2001 c 329:
See note following RCW 43.43.120
.
RCW 43.43.274
Minimum retirement allowance
—
Annual adjustment.
Effective January 1, 2003, the minimum retirement allowance under RCW 43.43.260
and
43.43.270
(2) in effect on January 1, 2002, shall be increased by three percent. Each January 1st thereafter, the minimum retirement allowance of the preceding year shall be increased by three percent.
[
2001 c 329 s 8
;
1999 c 74 s 3
;
1997 c 72 s 1
.]
NOTES:
Effective date
—
2001 c 329:
See note following RCW 43.43.120
.
RCW 43.43.278
Retirement option.
By July 1, 2000, the department of retirement systems shall adopt rules that allow a member to select an actuarially equivalent retirement option that pays the member a reduced retirement allowance and upon death shall be continued throughout the life of a lawful surviving spouse or lawful domestic partner. The continuing allowance to the lawful surviving spouse or lawful domestic partner shall be subject to the yearly increase provided by RCW 43.43.260
(5). The allowance to the lawful surviving spouse or lawful domestic partner under this section, and the allowance for an eligible child or children under RCW 43.43.270, shall not be subject to the limit for combined benefits under RCW 43.43.270
.
[
2009 c 522 s 5
;
2001 c 329 s 9
;
2000 c 186 s 9
;
1999 c 74 s 4
.]
NOTES:
Effective date
—
2001 c 329:
See note following RCW 43.43.120
.
RCW 43.43.280
Repayment of contributions on death or termination of employment
—
Election to receive reduced retirement allowance at age fifty-five.
(1) If a member dies before retirement, and has no surviving spouse or domestic partner or children under the age of eighteen years, all contributions made by the member, including any amount paid under RCW 41.50.165
(2), with interest as determined by the director, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, shall be paid to such person or persons as the member shall have nominated by written designation duly executed and filed with the department, or if there be no such designated person or persons, then to the member's legal representative.
(2) If a member should cease to be an employee before attaining age sixty for reasons other than the member's death, or retirement, the individual shall thereupon cease to be a member except as provided under RCW 43.43.130
(2), (3), and (4) and, the individual may withdraw the member's contributions to the retirement fund, including any amount paid under RCW 41.50.165
(2), with interest as determined by the director, by making application therefor to the department, except that: A member who ceases to be an employee after having completed at least five years of service shall remain a member during the period of the member's absence from employment for the exclusive purpose only of receiving a retirement allowance to begin at attainment of age sixty, however such a member may upon written notice to the department elect to receive a reduced retirement allowance on or after age fifty-five which allowance shall be the actuarial equivalent of the sum necessary to pay regular retirement benefits as of age sixty: PROVIDED, That if such member should withdraw all or part of the member's accumulated contributions, the individual shall thereupon cease to be a member and this subsection shall not apply.
[
2009 c 522 s 6
;
1994 c 197 s 35
;
1991 c 365 s 32
;
1987 c 215 s 2
;
1982 1st ex.s. c 52 s 29
;
1973 1st ex.s. c 180 s 5
;
1969 c 12 s 7
;
1965 c 8 s 43.43.280
. Prior:
1961 c 93 s 3
;
1951 c 140 s 7
;
1947 c 250 s 17
; Rem. Supp. 1947 s 6363-97.]
NOTES:
Intent
—
Severability
—
Effective date
—
1994 c 197:
See notes following RCW 41.50.165
.
Severability
—
1991 c 365:
See note following RCW 41.50.500
.
Effective date
—
1987 c 215:
See note following RCW 43.43.130
.
Effective dates
—
1982 1st ex.s. c 52:
See note following RCW 2.10.180
.
Construction
—
1969 c 12:
See note following RCW 43.43.120
.
RCW 43.43.285
Special death benefit
—
Course of employment
—
Occupational disease or infection
—
Annual adjustment.
(1) A two hundred fourteen thousand dollar death benefit shall be paid to the member's estate, or such person or persons, trust or organization as the member shall have nominated by written designation duly executed and filed with the department. If there be no such designated person or persons still living at the time of the member's death, such member's death benefit shall be paid to the member's surviving spouse or domestic partner as if in fact such spouse or domestic partner had been nominated by written designation, or if there be no such surviving spouse or domestic partner, then to such member's legal representatives.
(2)(a) The benefit under this section shall be paid only where death occurs as a result of (i) injuries sustained in the course of employment; or (ii) an occupational disease or infection that arises naturally and proximately out of employment covered under this chapter. The determination of eligibility for the benefit shall be made consistent with Title
51
RCW by the department of labor and industries. The department of labor and industries shall notify the department of retirement systems by order under RCW 51.52.050
.
(b) The retirement allowance paid to the spouse or domestic partner and dependent children of a member who is killed in the course of employment, as set forth in RCW 41.05.011
(5), shall include reimbursement for any payments of premium rates to the Washington state health care authority under RCW 41.05.080
.
(3)(a) Beginning July 1, 2010, and every year thereafter, the department shall determine the following information:
(i) The index for the 2008 calendar year, to be known as "index A";
(ii) The index for the calendar year prior to the date of determination, to be known as "index B"; and
(iii) The ratio obtained when index B is divided by index A.
(b) The value of the ratio obtained shall be the annual adjustment to the original death benefit and shall be applied beginning every July 1st. In no event, however, shall the annual adjustment:
(i) Produce a benefit which is lower than two hundred fourteen thousand dollars;
(ii) Exceed three percent in the initial annual adjustment; or
(iii) Differ from the previous year's annual adjustment by more than three percent.
(c) For the purposes of this section, "index" means, for any calendar year, that year's average consumer price index
—
Seattle, Washington area for urban wage earners and clerical workers, all items, compiled by the bureau of labor statistics, United States department of labor.
(4) In addition to the survivor benefit payable under RCW 43.43.270
or
43.43.271, if the surviving spouse or domestic partner of a member whose death occurs as a result of (a) injuries sustained in the course of employment; or (b) an occupational disease or infection that arises naturally and proximately out of employment covered under this chapter is not eligible to receive industrial insurance payments pursuant to RCW 51.32.050
due to remarriage, the surviving spouse or domestic partner shall receive an amount equal to the benefit they would receive pursuant to RCW 51.32.050
but for the remarriage. This subsection applies to surviving spouses whose benefits under RCW 51.32.050
were suspended or terminated due to remarriage prior to July 24, 2015. The monthly payments to any surviving spouse or domestic partner who received a lump sum payment pursuant to RCW 51.32.050
shall be actuarially reduced to reflect the amount of the lump sum payment.
[
2015 c 78 s 2
;
2010 c 261 s 7
;
2009 c 522 s 7
. Prior:
2007 c 488 s 1
;
2007 c 487 s 9
;
1996 c 226 s 2
.]
NOTES:
Application
—
2010 c 261:
See note following RCW 41.26.048
.
Short title
—
2007 c 488:
"This act shall be known as "The Steve Frink's and Jim Saunder's Law" in honor of Steve Frink and Jim Saunders, Washington state patrol officers who were killed in the line of duty." [
2007 c 488 s 5
.]
Effective date
—
1996 c 226:
See note following RCW 41.26.048
.
RCW 43.43.286
Rights reserved to the legislature
—
No future contractual rights.
The legislature reserves the right to amend or repeal the reimbursement provisions of chapter 488, Laws of 2007 in the future and no member or beneficiary has a contractual right to receive any distribution not granted prior to that time.
[
2007 c 488 s 4
.]
NOTES:
Short title
—
2007 c 488:
See note following RCW 43.43.285
.
RCW 43.43.290
Status in case of disablement.
A person receiving benefits under RCW 43.43.040
will be a nonactive member. If any person who is or has been receiving benefits under RCW 43.43.040
returns or has returned to active duty with the Washington state patrol, the person shall become an active member of the retirement system on the first day of reemployment. The person may acquire service credit for the period of disablement by paying into the retirement fund all contributions required based on the compensation which would have been received had the person not been disabled. To acquire service credit, the person shall complete the required payment within five years of return to active service or prior to retirement, whichever occurs first. Persons who return to active service prior to July 1, 1982, shall complete the required payment within five years of July 1, 1982, or prior to retirement, whichever occurs first. No service credit for the disability period may be allowed unless full payment is made. Interest shall be charged at the rate set by the director of retirement systems from the date of return to active duty or from July 1, 1982, whichever is later, until the date of payment. The Washington state patrol shall pay into the retirement system the amount which it would have contributed had the person not been disabled. The payment shall become due and payable, in total, when the person makes the first payment. If the person fails to complete the full payment required within the time period specified, any payments made to the retirement fund under this section shall be refunded with interest and any payment by the Washington state patrol to the retirement fund for this purpose shall be refunded.
[
1982 1st ex.s. c 52 s 30
;
1965 c 8 s 43.43.290
. Prior:
1947 c 250 s 18
; Rem. Supp. 1947 s 6362-98.]
NOTES:
Effective dates
—
1982 1st ex.s. c 52:
See note following RCW 2.10.180
.
RCW 43.43.295
Accumulated contributions
—
Payment upon death of member.
(1) For members commissioned on or after January 1, 2003, except as provided in RCW 11.07.010, if a member or a vested member who has not completed at least ten years of service dies, the amount of the accumulated contributions standing to such member's credit in the retirement system at the time of such member's death, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, shall be paid to the member's estate, or such person or persons, trust, or organization as the member shall have nominated by written designation duly executed and filed with the department. If there be no such designated person or persons still living at the time of the member's death, such member's accumulated contributions standing to such member's credit in the retirement system, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, shall be paid to the member's surviving spouse or domestic partner as if in fact such spouse or domestic partner had been nominated by written designation, or if there be no such surviving spouse or domestic partner, then to such member's legal representatives.
(2) If a member who is killed in the course of employment or a member who is eligible for retirement or a member who has completed at least ten years of service dies, the surviving spouse or domestic partner or eligible child or children shall elect to receive either:
(a) A retirement allowance computed as provided for in RCW 43.43.260, actuarially reduced, except under subsection (4) of this section, by the amount of any lump sum benefit identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670
and actuarially adjusted to reflect a joint and one hundred percent survivor option under RCW 43.43.278
and if the member was not eligible for normal retirement at the date of death a further reduction from age fifty-five or when the member could have attained twenty-five years of service, whichever is less; if a surviving spouse or domestic partner who is receiving a retirement allowance dies leaving a child or children of the member under the age of majority, then such child or children shall continue to receive an allowance in an amount equal to that which was being received by the surviving spouse or domestic partner, share and share alike, until such child or children reach the age of majority; if there is no surviving spouse or domestic partner eligible to receive an allowance at the time of the member's death, such member's child or children under the age of majority shall receive an allowance share and share alike calculated under this section making the assumption that the ages of the spouse or domestic partner and member were equal at the time of the member's death; or
(b)(i) The member's accumulated contributions, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670
; or
(ii) If the member dies, one hundred fifty percent of the member's accumulated contributions, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670
. Any accumulated contributions attributable to restorations made under RCW 41.50.165
(2) shall be refunded at one hundred percent.
(3) If a member who is eligible for retirement or a member who has completed at least ten years of service dies, and is not survived by a spouse or domestic partner or an eligible child, then the accumulated contributions standing to the member's credit, less any amount identified as owing to an obligee upon withdrawal of accumulated contributions pursuant to a court order filed under RCW 41.50.670, shall be paid:
(a) To an estate, a person or persons, trust, or organization as the member shall have nominated by written designation duly executed and filed with the department; or
(b) If there is no such designated person or persons still living at the time of the member's death, then to the member's legal representatives.
(4) The retirement allowance of a member who is killed in the course of employment, as determined by the director of the department of labor and industries, or the retirement allowance of a member who has left the employ of an employer due to service in the national guard or military reserves and dies while honorably serving in the national guard or military reserves during a period of war as defined in RCW 41.04.005, is not subject to an actuarial reduction for early retirement if the member was not eligible for normal retirement or an actuarial reduction to reflect a joint and one hundred percent survivor option under RCW 43.43.278
. The member is entitled to a minimum retirement allowance equal to ten percent of such member's final average salary. The member shall additionally receive a retirement allowance equal to two percent of such member's average final salary for each year of service beyond five.
[
2010 c 261 s 6
. Prior:
2009 c 522 s 8
;
2009 c 226 s 4
;
2004 c 171 s 1
;
2004 c 170 s 1
;
2003 c 294 s 15
;
2001 c 329 s 7
.]
NOTES:
Application
—
2010 c 261 s 6:
"Section 6 of this act applies prospectively to the benefits of all members killed in the course of employment since January 1, 2003." [
2010 c 261 s 10
.]
Effective date
—
2001 c 329:
See note following RCW 43.43.120
.
RCW 43.43.310
Benefits exempt from taxation and legal process
—
Assignability
—
Exceptions
—
Deductions for group insurance premiums or for state patrol memorial foundation contributions.
(1) Except as provided in subsections (2) and (3) of this section, the right of any person to a retirement allowance or optional retirement allowance under the provisions hereof and all moneys and investments and income thereof are exempt from any state, county, municipal, or other local tax and shall not be subject to execution, garnishment, attachment, the operation of bankruptcy or the insolvency laws, or other processes of law whatsoever, whether the same be in actual possession of the person or be deposited or loaned and shall be unassignable except as herein specifically provided.
(2) Subsection (1) of this section shall not prohibit the department of retirement systems from complying with (a) a wage assignment order for child support issued pursuant to chapter
26.18
RCW, (b) an order to withhold and deliver issued pursuant to chapter
74.20A
RCW, (c) a notice of payroll deduction issued pursuant to *RCW 26.23.060, (d) a mandatory benefits assignment order issued pursuant to chapter
41.50
RCW, (e) a court order directing the department of retirement systems to pay benefits directly to an obligee under a dissolution order as defined in RCW 41.50.500
(3) which fully complies with RCW 41.50.670
and
41.50.700, or (f) any administrative or court order expressly authorized by federal law.
(3) Subsection (1) of this section shall not be deemed to prohibit a beneficiary of a retirement allowance from authorizing deductions therefrom for payment of premiums due on any group insurance policy or plan issued for the benefit of a group comprised of members of the Washington state patrol or other public employees of the state of Washington, or for contributions to the Washington state patrol memorial foundation.
[
2012 c 159 s 28
;
1991 c 365 s 23
;
1989 c 360 s 29
. Prior:
1987 c 326 s 25
;
1987 c 63 s 1
;
1982 1st ex.s. c 52 s 31
;
1979 ex.s. c 205 s 8
;
1977 ex.s. c 256 s 1
;
1965 c 8 s 43.43.310
; prior:
1951 c 140 s 8
;
1947 c 250 s 20
; Rem. Supp. 1947 s 6362-100.]
NOTES:
*Reviser's note:
RCW 26.23.060
was amended by 2021 c 35 s 15, changing "notice of payroll deduction" to "income withholding order."
Severability
—
1991 c 365:
See note following RCW 41.50.500
.
Effective date
—
1987 c 326:
See RCW 41.50.901
.
Effective dates
—
1982 1st ex.s. c 52:
See note following RCW 2.10.180
.
RCW 43.43.315
Optional actuarially equivalent life annuity benefit.
(1) At the time of retirement, members may purchase an optional actuarially equivalent life annuity benefit from the Washington state patrol retirement fund established in RCW 43.43.130
. A minimum payment of twenty-five thousand dollars is required.
(2) Subject to rules adopted by the department, a member purchasing an annuity under this section must pay all of the cost with an eligible rollover, direct rollover, or trustee-to-trustee transfer from an eligible retirement plan.
(a) The department shall adopt rules to ensure that all eligible rollovers and transfers comply with the requirements of the internal revenue code and regulations adopted by the internal revenue service. The rules adopted by the department may condition the acceptance of a rollover or transfer from another plan on the receipt of information necessary to enable the department to determine the eligibility of any transferred funds for tax-free rollover treatment or other treatment under federal income tax law.
(b) "Eligible retirement plan" means a tax qualified plan offered by a governmental employer.
[
2015 c 111 s 1
.]
RCW 43.43.320
Penalty for falsification.
Any person who knowingly makes any false statement or falsifies or permits to be falsified any record or records of the Washington state patrol retirement fund in any attempt to defraud such fund shall be guilty of a gross misdemeanor.
[
1965 c 8 s 43.43.320
. Prior:
1947 c 250 s 21
; Rem. Supp. 1947 s 6362-101.]
RCW 43.43.330
Examinations for promotion.
Appropriate examinations shall be conducted for the promotion of commissioned patrol officers to the rank of sergeant and lieutenant. The examinations shall be prepared and conducted under the supervision of the chief of the Washington state patrol, who shall cause at least thirty days written notice thereof to be given to all patrol officers eligible for such examinations. The written notice shall specify the expected type of examination and relative weights to be assigned if a combination of tests is to be used. Examinations shall be given once every two years, or whenever the eligible list becomes exhausted as the case may be. After the giving of each such examination a new eligible list shall be compiled replacing any existing eligible list for such rank. Only grades attained in the last examination given for a particular rank shall be used in compiling each eligible list therefor. The chief, or in his or her discretion a committee of three individuals appointed by him or her, shall prepare and conduct the examinations, and thereafter grade and evaluate them in accordance with the following provisions, or factors: For promotion to the rank of sergeant or lieutenant, the examination shall consist of one or more of the following components: (1) Oral examination; (2) written examination; (3) service rating; (4) personnel record; (5) assessment center or other valid tests that measures the skills, knowledge, and qualities needed to perform these jobs. A cutoff score may be set for each testing component that allows only those scoring above the cutoff on one component to proceed to take a subsequent component.
[
2009 c 549 s 5127
;
1993 c 155 s 1
;
1985 c 4 s 1
;
1969 ex.s. c 20 s 1
;
1965 c 8 s 43.43.330
. Prior:
1959 c 115 s 1
;
1949 c 192 s 2
; Rem. Supp. 1949 s 6362-61a.]
RCW 43.43.340
Eligible list, and promotions therefrom
—
Affirmative action.
(1) The names of all officers who have passed examinations satisfactorily shall be placed on an eligible list in the order of the grade attained in the examinations. The chief, or the committee mentioned in RCW 43.43.330
at the chief's request, may determine the lowest examination grade which will qualify an officer for inclusion of his or her name on an eligible list. Examination papers shall be graded promptly and an eligible list shall be made up immediately thereafter. All officers taking an examination shall be informed of the grade earned.
(2) After an eligible list is made up all promotions shall be made from the five top names on the applicable list, and if needed to comply with affirmative action goals three additional names referred under subsection (3) of this section. Not all three additional names need be promoted at the time they are referred and they may be referred more than once. Each officer shall be informed in writing as his or her name is included in the top five on an eligible list or referred under subsection (3) of this section. No officer whose name appears within the top five on any eligible list shall be passed over for promotion more than three times.
(3) If the vacancy to be filled is identified as part of the state patrol's affirmative action goals as established under its affirmative action plan, the chief may refer for consideration up to three additional names per vacancy of individuals who are on the eligible list and who are members of one or more of the protected groups under Title VII of the 1964 Civil Rights Act and chapter
49.60
RCW, or for federal contract compliance purposes, veterans and disabled veterans as defined in the Vietnam Era Veterans Readjustment Act of 1974, Title 41 C.F.R., chapter 60, part 60-250.
The three additional names referred for each vacancy shall be the top three members of the protected groups designated by the chief for referral for that vacancy in accordance with the state patrol's affirmative action goals. These names shall be drawn in rank order from the remaining names of protected group members on the eligible list, after ranking by examination grade. For each vacancy, a total of three supplementary names may be referred.
(4) After having qualified for promotion hereunder an officer must pass a medical examination and must be certified as to physical fitness to perform the duties of the advanced position by one of three doctors designated by the chief of the Washington state patrol.
(5) The state patrol shall consult with the human rights commission in the development of rules pertaining to affirmative action. The state patrol shall transmit a report annually to the human rights commission which states the progress the state patrol has made in meeting affirmative action goals and timetables.
[
1985 c 365 s 6
;
1965 c 8 s 43.43.340
. Prior:
1949 c 192 s 3
; Rem. Supp. 1949 s 6362-61b.]
RCW 43.43.350
Determination of eligibility for examination for promotion.
Eligibility for examination for promotion shall be determined as follows:
Patrol officers with one year of probationary experience, in addition to three years experience as a regular patrol officer before the date of the first examination occurrence, shall be eligible for examination for the rank of sergeant; patrol officers with one year of probationary experience in the rank of sergeant before the date of the first examination occurrence, in addition to two years as a regular sergeant, shall be eligible for examination for the rank of lieutenant.
[
2009 c 549 s 5128
;
1998 c 193 s 1
;
1969 ex.s. c 20 s 2
;
1965 c 8 s 43.43.350
. Prior: 1949 c 192 s 4, part; Rem. Supp. 1949 s 6362-61c, part.]
RCW 43.43.360
Probationary period.
All newly appointed or promoted officers shall serve a probationary period of one year after appointment or promotion, whereupon their probationary status shall terminate, and they shall acquire regular status in the particular grade, unless given notice in writing to the contrary by the chief prior to the expiration of the probationary period.
[
1984 c 141 s 5
;
1965 c 8 s 43.43.360
. Prior: 1949 c 192 s 4, part; Rem. Supp. 1949 s 6362-61c, part.]
RCW 43.43.370
Staff or technical officers.
The chief of the Washington state patrol may appoint such staff or technical officers as he or she deems necessary for the efficient operation of the patrol, and he or she may assign whatever rank he or she deems necessary to such staff or technical officers for the duration of their service as such.
Staff or technical officers may be returned to their line rank or position whenever the chief so desires. Staff or technical officers without line command assignment and whose duties are of a special or technical nature shall hold their staff or technical rank on a continuing probationary basis; however, such staff or technical officers, if otherwise eligible, shall not be prevented from taking the line promotion examinations, and qualifying for promotion whenever the examinations may be held.
If a staff or technical officer returns to line operations he or she shall return in the rank that he or she holds in the line command, unless promoted to a higher rank through examination and appointment as herein provided: PROVIDED, Nothing contained herein shall be construed as giving the chief the right to demote or to reduce the rank of any officer of the patrol who was holding such office on April 1, 1949.
[
2009 c 549 s 5129
;
1965 c 8 s 43.43.370
. Prior:
1949 c 192 s 5
; Rem. Supp. 1949 s 6362-61d.]
RCW 43.43.380
Minimum salaries
—
Report.
(1)(a) The minimum monthly salary paid to state patrol troopers and sergeants must be competitive with law enforcement agencies within the boundaries of the state of Washington, guided by the results of a survey undertaken in the collective bargaining process during each biennium. Compensation must be calculated using base salary, premium pay (a pay received by more than a majority of employees), education pay, and longevity pay. The compensation comparison data is based on the Washington state patrol and the law enforcement agencies listed in this section. Increases for sergeants will be extended to the salary levels for captains and lieutenants through the collective bargaining process to ensure proportionality of increases.
(b)(i) Until July 1, 2028, the comparisons for determining competitiveness with other law enforcement agency salary levels must be guided by the average of compensation paid to the corresponding rank from the Seattle police department, King county sheriff's office, Tacoma police department, Snohomish county sheriff's office, Spokane police department, and Vancouver police department.
(ii) Beginning July 1, 2028, the comparisons for determining competitiveness with other law enforcement agency salary levels must be guided by the average of compensation paid to the corresponding rank from the Seattle police department, King county sheriff's office, Tacoma police department, Snohomish county sheriff's office, Spokane police department, and Vancouver police department, unless the office of financial management determines that one or more agencies should be replaced in this comparison with another law enforcement agency pursuant to the periodic evaluation process specified in (b)(iii) of this subsection.
(iii) By January 1, 2028, and each decade thereafter, the office of financial management must conduct an evaluation of the six agencies that are relevant for comparison to ensure state patrol troopers and sergeant salary levels are competitive with other law enforcement agencies within the boundaries of the state of Washington. If the office of financial management determines that one or more agencies specified in (b)(ii) of this subsection should be replaced in this comparison with a different law enforcement agency that is more relevant to ensure salary competitiveness, the office of financial management may utilize that revised compensation comparison data in the survey undertaken in the collective bargaining process during each biennium.
(2) By December 1, 2024, as part of the salary survey required in this section, the office of financial management must report to the governor and transportation committees of the legislature on the efficacy of Washington state patrol recruitment and retention efforts. Using the results of the 2016 salary survey as the baseline data, the report must include an analysis of voluntary resignations of state patrol troopers and sergeants and a comparison of state patrol academy class sizes and trooper graduations.
[
2022 c 131 s 1
;
2018 c 140 s 1
;
2016 c 28 s 5
;
1965 c 8 s 43.43.380
. Prior:
1949 c 192 s 6
; Rem. Supp. 1949 s 6362-61e.]
NOTES:
Intent
—
2016 c 28:
"It is the intent of the legislature to recruit and retain the highest qualified commissioned officers of the Washington state patrol appointed under RCW 43.43.020
. The "Joint Transportation Committee Recruitment and Retention Study" dated January 7, 2016, outlines several recommendations to fulfill this intent. The study recommendations were broken down into several areas, with the Washington state patrol, office of financial management, select committee on pension policy, and the legislature all supporting their respective authorizations and control over their respective areas of responsibility and accountability. It is also the intent of the legislature in the 2017-2019 fiscal biennium to increase the thirty dollar vehicle license fee distribution to the state patrol for the salaries and benefits of state patrol officers, including troopers, sergeants, lieutenants, and captains, and make adjustments as needed in the 2019-2021 fiscal biennium." [
2016 c 28 s 1
.]
RCW 43.43.385
Expedited recruitment incentive program.
(1) The Washington state patrol shall develop and implement a state trooper expedited recruitment incentive program for the purpose of recruiting and filling vacant trooper positions. Recruitment must redouble the effort to create a more diverse workforce and must also provide an accelerated pathway for joining the state patrol for individuals who have previously been employed as a general authority peace officer.
(2) The state trooper expedited recruitment incentive program established by the Washington state patrol may include:
(a) Hiring procedures and an accelerated training program for lateral hires from other agencies that recognizes the knowledge and experience of candidates previously employed in law enforcement; and
(b) A sign-on bonus or other bonus for each trooper hired through the expedited recruitment incentive program.
(3) The establishment of the state trooper expedited recruitment incentive program is subject to a change to the applicable collective bargaining agreements negotiated with the exclusive bargaining representatives.
(4) This section does not interfere with, impede, or in any way diminish the right of the officers of the Washington state patrol to bargain collectively with the state through the exclusive bargaining representatives as provided for in *RCW 41.56.560
.
(5) Expenditures and eligibility for the state trooper expedited recruitment incentive program established in this section are subject to the availability of amounts appropriated for this specific purpose. The specific amounts, requirements, and other provisions related to the bonus policy for cadet hires or lateral hires are subject to applicable provisions as set forth in an omnibus transportation appropriations act.
(6) For the purposes of this section:
(a) "Cadet" means a person employed for the express purpose of receiving the on-the-job training required for attendance at the Washington state patrol academy and for becoming a commissioned trooper.
(b) "Lateral hire" means an eligible employee previously employed as a general authority peace officer.
[
2023 c 459 s 2
.]
NOTES:
*Reviser's note:
This RCW reference has been corrected to reflect the reorganization of chapter
41.56
RCW by
2025 c 290 s 2
.
Findings
—
2023 c 459:
"The legislature finds that the Washington state patrol is experiencing historic levels of trooper vacancies, with almost 30 percent of trooper positions unfilled. At the same time, Washington is experiencing alarming increases in serious and fatal crashes on our roadways. The legislature recognizes that the Washington state patrol is working on strengthening its recruiting efforts, with a focus on broadening outreach to candidates from marginalized communities. This historic confluence of factors justifies extraordinary measures to assist the Washington state patrol in its efforts to attract and retain sufficient numbers of troopers for the protection of the citizens of the state of Washington." [
2023 c 459 s 1
.]
Effective date
—
2023 c 459:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 15, 2023]." [
2023 c 459 s 3
.]
RCW 43.43.386
Annual longevity bonus.
(Expires June 30, 2029.)
(1) Beginning July 1, 2024, an eligible commissioned employee completing 26 or more years of service shall qualify for an annual state trooper longevity bonus of $15,000 on the employee's anniversary date of state employment, which shall be paid in four equal quarterly payments.
(2) An eligible commissioned employee who completed 26 or more years of service before July 1, 2024, and who has been continuously employed by the Washington state patrol for at least one year as of April 25, 2025, qualifies for a one-time retention incentive. The incentive is equal to $3,750 multiplied by the result when one is subtracted from the number of the fiscal quarter in which the employee's anniversary date falls. The one-time retention incentive shall be completed no later than June 30, 2025.
(3) The establishment of the state trooper longevity bonus is subject to a change to the applicable collective bargaining agreements negotiated with the exclusive bargaining representatives.
(4) This section does not interfere with, impede, or in any way diminish the right of the officers of the Washington state patrol to bargain collectively with the state through the exclusive bargaining representatives as provided for in *RCW 41.56.560
.
(5) The state patrol longevity bonus created in this section is a time-limited incentive targeted at retaining senior personnel and is not intended to be included in salary or average final salary for calculation of pension benefits in this chapter.
(6) The benefits provided pursuant to chapter 237, Laws of 2024 are not provided to employees as a matter of contractual right. The legislature retains the right to alter or abolish these benefits at any time.
(7) Beginning July 15, 2024, and every three months thereafter, the Washington state patrol must submit a report showing the average filled positions in field force trooper positions in comparison to the 683 total authorized field force trooper positions in the prior fiscal quarter. The quarterly reports detailed must be submitted to the office of financial management and the transportation committees of the legislature. The authorized field force trooper level as the basis for this comparison may be adjusted as specified in the omnibus transportation appropriations act.
(8) For the purposes of this section:
(a) "Eligible commissioned employee" means a Washington state patrol employee with 26 or more years of service in the Washington state patrol retirement system.
(b) "Number of the fiscal quarter" equals:
(i) One, if the employee's anniversary date falls between July 1st and September 30th, inclusive;
(ii) Two, if the employee's anniversary date falls between October 1st and December 31st, inclusive;
(iii) Three, if the employee's anniversary date falls between January 1st and March 31st, inclusive; and
(iv) Four, if the employee's anniversary date falls between April 1st and June 30th, inclusive.
(9) This section expires June 30, 2029.
[
2025 c 172 s 1
;
2024 c 237 s 2
.]
NOTES:
*Reviser's note:
This RCW reference has been corrected to reflect the reorganization of chapter
41.56
RCW by
2025 c 290 s 2
.
Effective date
—
2025 c 172:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [April 25, 2025]." [
2025 c 172 s 2
.]
Performance review
—
2024 c 237:
"(1) By November 1, 2028, the joint legislative audit and review committee must conduct a performance review of the state patrol longevity bonus pilot program. The performance review must evaluate, at minimum:
(a) The program's impact on retention of senior commissioned staff of the state patrol;
(b) The change in vacancies in each of the commissioned staff categories over time;
(c) An evaluation of optimal commissioned staffing levels at the state patrol, including a comparison to other states' field force staffing levels;
(d) A description of other factors that may be impacting retention and vacancy rates; and
(e) Recommendations for addressing state patrol staffing levels, which must include whether to continue the state patrol longevity bonus program.
(2) This section expires June 30, 2029." [
2024 c 237 s 4
.]
Findings
—
Intent
—
2024 c 237:
"The legislature finds that the Washington state patrol has made strides in its efforts to recruit new troopers and address the unprecedented levels of vacancies within its ranks. The legislature has supported those efforts by providing sign-on bonuses for cadets and lateral hires, retention bonuses for new troopers and lateral hires, and requiring parity of trooper salaries relative to other law enforcement agencies in the state of Washington. The legislature further finds that trooper and sergeant vacancies diminish the staff available to advance up through the ranks of commissioned staff to build the leadership team for the organization. The legislature further finds that increases in retirement-eligible staff, with 122 commissioned staff expected to have 25 years of service or more in 2024, means that more needs to be done in the near term to ensure the success of efforts to rebuild the commissioned ranks of the state patrol. Therefore, the legislature intends to strengthen the Washington state patrol's ability to retain senior, experienced commissioned staff with the establishment of a state patrol longevity bonus pilot program." [
2024 c 237 s 1
.]
RCW 43.43.390
Bicycle awareness program
—
Generally.
Bicycling is increasing in popularity as a form of recreation and as an alternative mode of transportation. To make bicycling safer, the various law enforcement agencies should enforce traffic regulations for bicyclists. By enforcing bicycle regulations, law enforcement officers are reinforcing educational programs. Bicycling takes more skill than most people realize. Since bicyclists have a low profile in traffic and are unprotected, they need more defensive riding skills than motorists do.
A bicycle awareness program is created within the Washington state patrol. In developing the curriculum for the bicycle awareness program the patrol shall consult with the traffic safety commission and with bicycling groups providing bicycle safety education. The patrol shall conduct the program in conjunction with the safety education officer program and may use other law enforcement personnel and volunteers to implement the program for children in grades kindergarten through six. The patrol shall ensure that each safety educator presenting the bicycle awareness program has received specialized training in bicycle safety education and has been trained in effective defensive bicycle riding skills.
[
1991 c 214 s 1
.]
NOTES:
Bicycle transportation management program: RCW 47.04.190
.
RCW 43.43.395
Ignition interlock devices
—
Standards
—
Compliance.
(1) The state patrol shall by rule provide standards for the certification, installation, repair, maintenance, monitoring, inspection, and removal of ignition interlock devices, as defined under RCW 46.04.215, and equipment as outlined under this section, and may inspect the records and equipment of manufacturers and vendors during regular business hours for compliance with statutes and rules and may suspend or revoke certification for any noncompliance.
(2)(a) When a certified service provider or individual installer of ignition interlock devices is found to be out of compliance, the installation privileges of that certified service provider or individual installer may be suspended or revoked until the certified service provider or individual installer comes into compliance. During any suspension or revocation period, the certified service provider or individual installer is responsible for notifying affected customers of any changes in their service agreement.
(b) A certified service provider or individual installer whose certification is suspended or revoked for noncompliance has a right to an administrative hearing under chapter
34.05
RCW to contest the suspension or revocation, or both. For the administrative hearing, the procedure and rules of evidence are as specified in chapter
34.05
RCW, except as otherwise provided in this chapter. Any request for an administrative hearing must be made in writing and must be received by the state patrol within twenty days after the receipt of the notice of suspension or revocation.
(3)(a) An ignition interlock device must employ:
(i) Fuel cell technology. For the purposes of this subsection, "fuel cell technology" consists of the following electrochemical method: An electrolyte designed to oxidize the alcohol and release electrons to be collected by an active electrode; a current flow is generated within the electrode proportional to the amount of alcohol oxidized on the fuel cell surface; and the electrical current is measured and reported as breath alcohol concentration. Fuel cell technology is highly specific for alcohols;
(ii) Technology capable of taking a photo identification of the user giving the breath sample and recording on the photo the time the breath sample was given; and
(iii) Technology capable of providing the global positioning coordinates at the time of each test sequence. Such coordinates must be displayed within the data log that is downloaded by the manufacturer and must be made available to the state patrol to be used for circumvention and tampering investigations.
(b) To be certified, an ignition interlock device must:
(i) Meet or exceed the minimum test standards according to rules adopted by the state patrol. Only a notarized statement from a laboratory that is accredited and certified under the current edition of ISO (the international organization of standardization) 17025 standard for testing and calibration laboratories and is capable of performing the tests specified will be accepted as proof of meeting or exceeding the standards. The notarized statement must include the name and signature of the person in charge of the tests under the certification statement. The state patrol must adopt by rule the required language of the certification statement that must, at a minimum, outline that the testing meets or exceeds all specifications listed in the federal register adopted in rule by the state patrol; and
(ii) Be maintained in accordance with the rules and standards adopted by the state patrol.
[
2015 2nd sp.s. c 3 s 11
;
2013 2nd sp.s. c 35 s 9
;
2012 c 183 s 16
;
2010 c 268 s 2
.]
NOTES:
Finding
—
Intent
—
2015 2nd sp.s. c 3:
See note following RCW 10.21.055
.
Effective date
—
2012 c 183:
See note following RCW 9.94A.475
.
RCW 43.43.3952
Ignition interlock devices
—
Officer required to report violations
—
Liability.
(1) Any officer conducting field inspections of ignition interlock devices under the ignition interlock program shall report violations by program participants to the court.
(2) The Washington state patrol may not be held liable for any damages resulting from any act or omission in conducting activities under the ignition interlock program, other than acts or omissions constituting gross negligence or willful or wanton misconduct.
[
2013 2nd sp.s. c 35 s 35
.]
RCW 43.43.396
Ignition interlock devices
—
Fee schedule and fee collection
—
Report
—
Fee deposit.
(1) As part of the state patrol's authority to provide standards for certification, installation, repair, maintenance, monitoring, inspection, and removal of ignition interlock devices, the state patrol shall by rule establish a fee schedule and collect fees from ignition interlock manufacturers, technicians, providers, and persons required under RCW 46.20.385, 46.20.720, and
46.61.5055
to install an ignition interlock device in all vehicles owned or operated by the person. At a minimum, the fees must be set at a level necessary to support effective performance of the duties identified in this section. The state patrol must report back to the transportation committees of the legislature and the office of financial management by December 1st of each year on the level of the fees that have been adopted and whether those fees are sufficient to cover the cost of performing the duties listed in this section.
(2) Fees collected under this section must be deposited into the highway safety account [fund] to be used solely to fund the Washington state patrol impaired driving section projects.
[
2012 c 183 s 15
.]
NOTES:
Effective date
—
2012 c 183:
See note following RCW 9.94A.475
.
RCW 43.43.400
Aquatic invasive species inspection and training.
(1) Money in the aquatic invasive species management account created in RCW 77.135.200
may be used by the Washington state patrol for aquatic invasive species inspection training and to inspect for the presence of aquatic invasive species on aquatic conveyances that are required to stop at a Washington state patrol port of entry weigh station.
(2) Unless the context clearly requires otherwise, the definitions in both RCW 77.08.010
and
77.135.010
apply throughout this section.
[
2017 3rd sp.s. c 17 s 102
;
2014 c 202 s 306
;
2011 c 171 s 8
;
2011 c 169 s 3
;
2007 c 350 s 1
;
2005 c 464 s 5
.]
NOTES:
Findings
—
2014 c 202:
See note following RCW 77.135.010
.
Intent
—
Effective date
—
2011 c 171:
See notes following RCW 4.24.210
.
Findings
—
Intent
—
2005 c 464:
See note following RCW 88.02.560
.
RCW 43.43.480
Routine traffic enforcement information.
(1) Beginning May 1, 2000, the Washington state patrol shall collect the following information:
(a) The number of individuals stopped for routine traffic enforcement, whether or not a citation or warning was issued;
(b) Identifying characteristics of the individual stopped, including the race or ethnicity, approximate age, and gender;
(c) The nature of the alleged violation that led to the stop;
(d) Whether a search was instituted as a result of the stop; and
(e) Whether an arrest was made, or a written citation issued, as a result of either the stop or the search.
(2) The criminal justice training commission and the Washington state patrol shall compile the information required under subsection (1) of this section and make a report to the legislature no later than December 1, 2000.
[
2016 c 197 s 3
;
2000 c 118 s 1
.]
NOTES:
Effective date
—
2000 c 118:
"This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [March 24, 2000]." [
2000 c 118 s 4
.]
RCW 43.43.490
Routine traffic enforcement information
—
Data collection
—
Training materials on racial profiling.
(1) The Washington state patrol shall work with the criminal justice training commission and the Washington association of sheriffs and police chiefs to develop (a) further criteria for collection and evaluation of the data collected under RCW 43.43.480, and (b) training materials for use by the state patrol and local law enforcement agencies on the issue of racial profiling.
(2) The Washington state patrol, criminal justice training commission, and Washington association of sheriffs and police chiefs shall encourage local law enforcement agencies to voluntarily collect the data set forth under RCW 43.43.480
(1).
[
2000 c 118 s 2
.]
NOTES:
Effective date
—
2000 c 118:
See note following RCW 43.43.480
.
RCW 43.43.500
Crime information center
—
Established
—
Purpose
—
Functions.
There is established the Washington state crime information center to be located in the records division of the Washington state patrol and to function under the direction of the chief of the Washington state patrol. The center shall serve to coordinate crime information, by means of data processing, for all law enforcement agencies in the state. It shall make such use of the facilities of the law enforcement teletype system as is practical. It shall provide access to the national crime information center, to motor vehicle and driver license information, to the sex offender central registry, and to such other public records as may be accessed by data processing and which are pertinent to law enforcement.
[
1998 c 67 s 1
;
1967 ex.s. c 27 s 1
.]
NOTES:
Effective date
—
1998 c 67:
"This act takes effect June 30, 1999." [
1998 c 67 s 3
.]
RCW 43.43.510
Crime information center
—
Files of general assistance to law enforcement agencies established
—
Runaway children
—
Information publicly available.
(1) As soon as is practical and feasible there shall be established, by means of data processing, files listing stolen and wanted vehicles, outstanding warrants, identifying children whose parents, custodians, or legal guardians have reported as having run away from home or the custodial residence, identifiable stolen property, files maintaining the central registry of sex offenders required to register under chapter
9A.44
RCW, and such other files as may be of general assistance to law enforcement agencies.
(2)(a) At the request of a parent, legal custodian, or guardian who has reported a child as having run away from home or the custodial residence, the Washington state patrol shall make the information about the runaway child as is filed in subsection (1) of this section publicly available.
(b) The information that can be made publicly available under (a) of this subsection is limited to information that will facilitate the safe return of the child to his or her home or custodial residence and so long as making the information publicly available incurs no additional costs.
[
2013 c 4 s 4
;
2010 c 229 s 4
;
1998 c 67 s 2
;
1995 c 312 s 45
;
1967 ex.s. c 27 s 2
.]
NOTES:
Findings
—
2010 c 229:
See note following RCW 13.32A.082
.
Effective date
—
1998 c 67:
See note following RCW 43.43.500
.
Short title
—
1995 c 312:
See note following RCW 13.32A.010
.
RCW 43.43.530
Crime information center
—
Cost of terminal facilities.
The cost of additional terminal facilities necessary to gain access to the Washington state crime information center shall be borne by the respective agencies operating the terminal facilities.
[
1967 ex.s. c 27 s 4
.]
RCW 43.43.540
Sex offenders and kidnapping offenders
—
Central registry
—
Reimbursement to counties.
(1) The county sheriff shall forward registration information, photographs, and fingerprints obtained pursuant to RCW 9A.44.130, including the sex offender's risk level classification and any notice of change of address, to the Washington state patrol within five working days.
(2) Upon implementation of RCW 4.24.550
(5)(a), the Washington state patrol shall maintain a central registry of sex offenders and kidnapping offenders required to register under RCW 9A.44.130
and shall adopt rules consistent with chapters
10.97, 10.98, and
43.43
RCW as are necessary to carry out the purposes of RCW 9A.44.130, 9A.44.140, 10.01.200, 43.43.540, 46.20.187, 70.48.470, and
72.09.330
. The Washington state patrol shall reimburse the counties for the costs of processing the offender registration, including taking the offender's fingerprints and photograph.
[
2011 c 337 s 8
;
2006 c 136 s 1
;
2002 c 118 s 2
;
1998 c 220 s 4
;
1997 c 113 s 6
;
1990 c 3 s 403
.]
NOTES:
Reviser's note:
The definitions in RCW 9A.44.128
apply to this section.
Conflict with federal requirements
—
2002 c 118:
See note following RCW 4.24.550
.
Severability
—
1998 c 220:
See note following RCW 9A.44.130
.
Findings
—
1997 c 113:
See note following RCW 4.24.550
.
Sex offense and kidnapping offense defined: RCW 9A.44.128
.
RCW 43.43.545
Statewide sexual assault kit tracking system.
(1) The Washington state patrol shall create and operate a statewide sexual assault kit tracking system. The Washington state patrol may contract with state or nonstate entities including, but not limited to, private software and technology providers, for the creation, operation, and maintenance of the system.
(2) The statewide sexual assault kit tracking system must:
(a) Track the location and status of sexual assault kits throughout the criminal justice process, including the initial collection in examinations performed at medical facilities, receipt and storage at law enforcement agencies, receipt and analysis at forensic laboratories, and storage and any destruction after completion of analysis;
(b) Designate sexual assault kits as unreported or reported;
(c) Indicate whether a sexual assault kit contains biological materials collected for the purpose of forensic toxicological analysis;
(d) Allow medical facilities performing sexual assault forensic examinations, law enforcement agencies, prosecutors, the Washington state patrol bureau of forensic laboratory services, and other entities having custody of sexual assault kits to update and track the status and location of sexual assault kits;
(e) Allow victims of sexual assault to anonymously track or receive updates regarding the status of their sexual assault kits; and
(f) Use electronic technology or technologies allowing continuous access.
(3) The Washington state patrol may use a phased implementation process in order to launch the system and facilitate entry and use of the system for required participants. The Washington state patrol may phase initial participation according to region, volume, or other appropriate classifications. All entities having custody of sexual assault kits shall fully participate in the system no later than June 1, 2018. The Washington state patrol shall submit a report on the current status and plan for launching the system, including the plan for phased implementation, to the joint legislative task force on sexual assault forensic examination best practices, the appropriate committees of the legislature, and the governor no later than January 1, 2017.
(4) The Washington state patrol shall submit a semiannual report on the statewide sexual assault kit tracking system to the joint legislative task force on sexual assault forensic examination best practices, the appropriate committees of the legislature, and the governor. The Washington state patrol may publish the current report on its website. The first report is due July 31, 2018, and subsequent reports are due January 31st and July 31st of each year. The report must include the following:
(a) The total number of sexual assault kits in the system statewide and by jurisdiction;
(b) The total and semiannual number of sexual assault kits where forensic analysis has been completed statewide and by jurisdiction;
(c) The number of sexual assault kits added to the system in the reporting period statewide and by jurisdiction;
(d) The total and semiannual number of sexual assault kits where forensic analysis has been requested but not completed statewide and by jurisdiction;
(e) The average and median length of time for sexual assault kits to be submitted for forensic analysis after being added to the system, including separate sets of data for all sexual assault kits in the system statewide and by jurisdiction and for sexual assault kits added to the system in the reporting period statewide and by jurisdiction;
(f) The average and median length of time for forensic analysis to be completed on sexual assault kits after being submitted for analysis, including separate sets of data for all sexual assault kits in the system statewide and by jurisdiction and for sexual assault kits added to the system in the reporting period statewide and by jurisdiction;
(g) The total and semiannual number of sexual assault kits destroyed or removed from the system statewide and by jurisdiction;
(h) The total number of sexual assault kits, statewide and by jurisdiction, where forensic analysis has not been completed and six months or more have passed since those sexual assault kits were added to the system; and
(i) The total number of sexual assault kits, statewide and by jurisdiction, where forensic analysis has not been completed and one year or more has passed since those sexual assault kits were added to the system.
(5) For the purpose of reports under subsection (4) of this section, a sexual assault kit must be assigned to the jurisdiction associated with the law enforcement agency anticipated to receive the sexual assault kit or otherwise having custody of the sexual assault kit.
(6) Any public agency or entity, including its officials and employees, and any hospital and its employees providing services to victims of sexual assault may not be held civilly liable for damages arising from any release of information or the failure to release information related to the statewide sexual assault kit tracking system, so long as the release was without gross negligence.
(7) The Washington state patrol shall adopt rules as necessary to implement this section.
(8) For the purposes of this section:
(a) "Reported sexual assault kit" means a sexual assault kit where a law enforcement agency has received a related report or complaint alleging a sexual assault or other crime has occurred;
(b) "Sexual assault kit" includes all evidence collected during a sexual assault medical forensic examination; and
(c) "Unreported sexual assault kit" means a sexual assault kit where a law enforcement agency has not received a related report or complaint alleging a sexual assault or other crime has occurred.
[
2020 c 26 s 6
;
2019 c 93 s 4
;
2016 c 173 s 2
.]
NOTES:
Intent
—
2020 c 26:
See note following RCW 63.21.090
.
Finding
—
Intent
—
2016 c 173:
"The legislature recognizes the deep pain and suffering experienced by victims of sexual assault. Sexual assault is an extreme violation of a person's body and sense of self and safety. Sexual violence is a pervasive social problem. National studies indicate that approximately one in four women will be sexually assaulted in their lifetimes. Survivors often turn to hospitals and local law enforcement for help, and many volunteer to have professionals collect a sexual assault kit to preserve physical evidence from their bodies. The process of collecting a sexual assault kit is extremely invasive and difficult.
The legislature finds that, when forensic analysis is completed, the biological evidence contained inside sexual assault kits can be an incredibly powerful tool for law enforcement to solve and prevent crime. Forensic analysis of all sexual assault kits sends a message to survivors that they matter. It sends a message to perpetrators that they will be held accountable for their crimes. The legislature is committed to bringing healing and justice to survivors of sexual assault.
The legislature recognizes the laudable and successful efforts of law enforcement in the utilization of forensic analysis of sexual assault kits in the investigation and prosecution of crimes in Washington state. In 2015, the legislature enhanced utilization of this tool by requiring the preservation and forensic analysis of sexual assault kits. The legislature intends to continue building on its efforts through the establishment of the statewide sexual assault kit tracking system. The system will be designed to track all sexual assault kits in Washington state, regardless of when they were collected, in order to further empower survivors with information, assist law enforcement with investigations and crime prevention, and create transparency and foster public trust." [
2016 c 173 s 1
.]
RCW 43.43.546
Statewide sexual assault kit tracking system
—
Participation by bureau of forensic laboratory services.
The Washington state patrol bureau of forensic laboratory services shall participate in the statewide sexual assault kit tracking system established in RCW 43.43.545
for the purpose of tracking the status of all sexual assault kits in the custody of the Washington state patrol and other entities contracting with the Washington state patrol. The Washington state patrol bureau of forensic laboratory services shall begin full participation in the system according to the implementation schedule established by the Washington state patrol.
[
2016 c 173 s 5
.]
NOTES:
Finding
—
Intent
—
2016 c 173:
See note following RCW 43.43.545
.
RCW 43.43.550
Traffic safety education officers
—
Powers
—
Pay and reimbursement.
(1) The chief of the Washington state patrol shall designate twenty-four or more officers as traffic safety education officers. The chief of the Washington state patrol shall make the designations in a manner designed to ensure that the programs under subsection (2) of this section are reasonably available in all areas of the state.
(2) The chief of the Washington state patrol may permit these traffic safety education officers to appear in their off-duty hours in uniform to give programs in schools or the community on the duties of the state patrol, traffic safety, or crime prevention.
(3) The traffic safety education officers may accept such pay and reimbursement of expenses as are approved by the state patrol from the sponsoring organization.
(4) The state patrol is encouraged to work with community organizations to set up these programs statewide.
[
1984 c 217 s 1
.]
RCW 43.43.560
Automatic fingerprint information system
—
Report.
(1) To support criminal justice services in the local communities throughout this state, the state patrol shall develop a plan for and implement an automatic fingerprint information system. In implementing the automatic fingerprint information system, the state patrol shall either purchase or lease the appropriate computer systems. If the state patrol leases a system, the lease agreement shall include purchase options. The state patrol shall procure the most efficient system available.
(2) The state patrol shall report on the automatic fingerprint information system to the legislature no later than January 1, 1987. The report shall include a time line for implementing each stage, a local agency financial participation analysis, a system analysis, a full cost/purchase analysis, a vendor bid evaluation, and a space location analysis that includes a site determination. The state patrol shall coordinate the preparation of this report with the office of financial management.
[
1986 c 196 s 1
.]
RCW 43.43.570
Automatic fingerprint identification system
—
Conditions for local establishment or operation
—
Rules.
(1) No local law enforcement agency may establish or operate an automatic fingerprint identification system unless both the hardware and software of the local system use an interface compatible with the state system under RCW 43.43.560
. The local law enforcement agency shall be able to transmit a tenprint record to the state system through any available protocol which meets accepted industry standards, and the state system must be able to accept tenprint records which comply with those requirements. When industry transmission protocols change, the Washington state patrol shall incorporate these new standards as funding and reasonable system engineering practices permit. The tenprint transmission from any local law enforcement agency must be in accordance with the current version of the state electronic fingerprint transmission specification.
(2) No later than January 1, 2007, the Washington state patrol's automatic fingerprint identification system shall be capable of instantly accepting electronic latent search records from any Washington state local law enforcement agency. *If specific funding for the purposes of this subsection is not provided by June 30, 2006, in the omnibus appropriations act, or if funding is not obtained from another source by June 30, 2006, this subsection is null and void.
(3) A local law enforcement agency operating an automatic fingerprint identification system shall transmit data on fingerprint entries to the Washington state patrol electronically. This requirement shall be in addition to those under RCW 10.98.050
and
43.43.740
.
(4) Any personnel functions necessary to prepare fingerprints for searches under this section shall be the responsibility of the submitting agency.
(5) The Washington state patrol shall adopt rules to implement this section.
[
2005 c 373 s 2
;
1987 c 450 s 1
.]
NOTES:
*Reviser's note:
Specific funding was not provided in chapter 518, Laws of 2005 (omnibus appropriations act).
RCW 43.43.575
Firearms safety training program.
(Effective May 1, 2027.)
The Washington state patrol shall establish a program to provide certifications for firearms safety training programs that meet the requirements of RCW 9.41.070
and
9.41.1132, and to require certified firearms safety programs to apply for recertification every five years. The Washington state patrol shall develop the form and manner of documentation for applicants for permits to purchase firearms to provide proof of completion of a certified firearms safety training program, for concealed pistol license applicants to provide proof of completion of a certified concealed carry firearms safety training program, and for use as proof of qualifying for an exemption from the firearms safety training requirement or concealed carry firearms safety training requirement.
[
2025 c 370 s 4
.]
NOTES:
Application
—
2025 c 370 ss 2, 4, and 5:
See note following RCW 9.41.121
.
Effective date
—
2025 c 370:
See note following RCW 9.41.090
.
RCW 43.43.580
Firearms background check program
—
Automated firearms background check system
—
Fee.
(Effective until May 1, 2027.)
(1) The Washington state patrol shall establish a firearms background check program to serve as a centralized single point of contact for dealers to conduct background checks for firearms sales or transfers required under chapter
9.41
RCW and the federal Brady handgun violence prevention act (18 U.S.C. Sec. 921 et seq.). The Washington state patrol shall establish an automated firearms background check system to conduct background checks on applicants for the purchase or transfer of a firearm. The system must include the following characteristics:
(a) Allow a dealer to contact the Washington state patrol through a web portal or other electronic means and by telephone to request a background check of an applicant for the purchase or transfer of a firearm;
(b) Provide a dealer with a notification that a firearm purchase or transfer application has been received;
(c) Assign a unique identifier to the background check inquiry;
(d) Provide an automated response to the dealer indicating whether the transfer may proceed or is denied, or that the check is indeterminate and will require further investigation;
(e) Include measures to ensure data integrity and the confidentiality and security of all records and data transmitted and received by the system; and
(f) Include a performance metrics tracking system to evaluate the performance of the background check system.
(2) Upon receipt of a request from a dealer for a background check in connection with the sale or transfer of a firearm, the Washington state patrol shall:
(a) Provide the dealer with a notification that a firearm transfer application has been received;
(b) Conduct a check of the national instant criminal background check system and the following additional records systems to determine whether the transferee is prohibited from possessing a firearm under state or federal law: (i) The Washington crime information center and Washington state identification system; (ii) the health care authority electronic database; (iii) the federal bureau of investigation national data exchange database and any available repository of statewide local law enforcement record management systems information; (iv) the administrative office of the courts case management system; and (v) other databases or resources as appropriate;
(c) Perform an equivalency analysis on criminal charges in foreign jurisdictions to determine if the applicant has been convicted as defined in RCW 9.41.040
(3) and if the offense is equivalent to a Washington felony as defined in RCW 9.41.010
;
(d) Notify the dealer without delay that the records indicate the individual is prohibited from possessing a firearm and the transfer is denied or that the individual is approved to complete the transfer. If the results of the background check are indeterminate, the Washington state patrol shall notify the dealer of the delay and conduct necessary research and investigation to resolve the inquiry; and
(e) Provide the dealer with a unique identifier for the inquiry.
(3) The Washington state patrol may hold the delivery of a firearm to an applicant under the circumstances provided in *RCW 9.41.090
(4) and (5).
(4)(a) The Washington state patrol shall require a dealer to charge each firearm purchaser or transferee a fee for performing background checks in connection with firearms transfers. The fee must be set at an amount necessary to cover the annual costs of operating and maintaining the firearm background check system but shall not exceed eighteen dollars. The Washington state patrol shall transmit the fees collected to the state treasurer for deposit in the state firearms background check system account created in RCW 43.43.590
. It is the intent of the legislature that once the state firearm background check system is established, the fee established in this section will replace the fee required in *RCW 9.41.090
(7).
(b) The background check fee required under this subsection does not apply to any background check conducted in connection with a pawnbroker's receipt of a pawned firearm or the redemption of a pawned firearm.
(5) The Washington state patrol shall establish a procedure for a person who has been denied a firearms transfer as the result of a background check to appeal the denial to the Washington state patrol and to obtain information on the basis for the denial and procedures to review and correct any erroneous records that led to the denial.
(6) The Washington state patrol shall work with the administrative office of the courts to build a link between the firearm background check system and the administrative office of the courts case management system for the purpose of accessing court records to determine a person's eligibility to possess a firearm.
(7) Upon establishment of the firearm background check system under this section, the Washington state patrol shall notify each dealer in the state of the existence of the system, and the dealer must use the system to conduct background checks for firearm sales or transfers beginning on the date that is thirty days after issuance of the notification.
(8) The Washington state patrol shall consult with the Washington background check advisory board created in RCW 43.43.585
in carrying out its duties under this section.
(9) No later than July 1, 2025, and annually thereafter, the Washington state patrol firearms background check program shall report to the appropriate committees of the legislature the average time between receipt of request for a background check and final decision.
(10) All records and information prepared, obtained, used, or retained by the Washington state patrol in connection with a request for a firearm background check are exempt from public inspection and copying under chapter
42.56
RCW.
(11) The Washington state patrol may adopt rules necessary to carry out the purposes of this section.
(12) For the purposes of this section, "dealer" has the same meaning as given in RCW 9.41.010
.
[
2024 c 289 s 7
;
2022 c 105 s 7
;
2020 c 28 s 1
.]
NOTES:
*Reviser's note:
RCW 9.41.090
was amended by 2023 c 161 s 1, deleting subsections (4), (5), and (7).
Effective date
—
2024 c 289:
See note following RCW 9.41.111
.
Effective date
—
2022 c 105:
See note following RCW 7.80.120
.
PDF
RCW 43.43.580
Firearms background check program
—
Automated firearms background check system
—
Fee.
(Effective May 1, 2027.)
(1) The Washington state patrol shall establish a firearms background check program to serve as a centralized single point of contact for dealers to conduct background checks for firearms sales or transfers required under chapter
9.41
RCW and the federal Brady handgun violence prevention act (18 U.S.C. Sec. 921 et seq.). The Washington state patrol shall establish an automated firearms background check system to conduct background checks on applicants for the purchase or transfer of a firearm. The system must include the following characteristics:
(a) Allow a dealer to contact the Washington state patrol through a web portal or other electronic means and by telephone to request a background check of an applicant for the purchase or transfer of a firearm;
(b) Provide a dealer with a notification that a firearm purchase or transfer application has been received;
(c) Assign a unique identifier to the background check inquiry;
(d) Provide an automated response to the dealer indicating whether the transfer may proceed or is denied, or that the check is indeterminate and will require further investigation;
(e) Include measures to ensure data integrity and the confidentiality and security of all records and data transmitted and received by the system; and
(f) Include a performance metrics tracking system to evaluate the performance of the background check system.
(2) Upon receipt of a request from a dealer for a background check in connection with the sale or transfer of a firearm, the Washington state patrol shall:
(a) Provide the dealer with a notification that a firearm transfer application has been received;
(b) Conduct a check of the national instant criminal background check system and the following additional records systems to determine whether the transferee is prohibited from possessing a firearm under state or federal law: (i) The Washington crime information center and Washington state identification system; (ii) the health care authority electronic database; (iii) the federal bureau of investigation national data exchange database and any available repository of statewide local law enforcement record management systems information; (iv) the administrative office of the courts case management system; and (v) other databases or resources as appropriate;
(c) Perform an equivalency analysis on criminal charges in foreign jurisdictions to determine if the applicant has been convicted as defined in RCW 9.41.040
(3) and if the offense is equivalent to a Washington felony as defined in RCW 9.41.010
;
(d) Notify the dealer without delay that the records indicate the individual is prohibited from possessing a firearm and the transfer is denied or that the individual is approved to complete the transfer. If the results of the background check are indeterminate, the Washington state patrol shall notify the dealer of the delay and conduct necessary research and investigation to resolve the inquiry; and
(e) Provide the dealer with a unique identifier for the inquiry.
(3) The Washington state patrol may hold the delivery of a firearm to an applicant under the circumstances provided in RCW 9.41.090
(3).
(4)(a) The Washington state patrol shall require a dealer to charge each firearm purchaser or transferee a fee for performing background checks in connection with firearms transfers. The fee must be set at an amount necessary to cover the annual costs of operating and maintaining the firearm background check system but shall not exceed eighteen dollars. The Washington state patrol shall transmit the fees collected to the state treasurer for deposit in the state firearms background check system account created in RCW 43.43.590
.
(b) The background check fee required under this subsection does not apply to any background check conducted in connection with a pawnbroker's receipt of a pawned firearm or the redemption of a pawned firearm.
(5) The Washington state patrol shall establish a procedure for a person who has been denied a firearms transfer as the result of a background check to appeal the denial to the Washington state patrol and to obtain information on the basis for the denial and procedures to review and correct any erroneous records that led to the denial.
(6) The Washington state patrol shall work with the administrative office of the courts to build a link between the firearm background check system and the administrative office of the courts case management system for the purpose of accessing court records to determine a person's eligibility to possess a firearm.
(7) Upon establishment of the firearm background check system under this section, the Washington state patrol shall notify each dealer in the state of the existence of the system, and the dealer must use the system to conduct background checks for firearm sales or transfers beginning on the date that is thirty days after issuance of the notification.
(8) The Washington state patrol shall consult with the Washington background check advisory board created in RCW 43.43.585
in carrying out its duties under this section.
(9) No later than July 1, 2025, and annually thereafter, the Washington state patrol firearms background check program shall report to the appropriate committees of the legislature the average time between receipt of request for a background check and final decision.
(10) All records and information prepared, obtained, used, or retained by the Washington state patrol in connection with a request for a firearm background check are exempt from public inspection and copying under chapter
42.56
RCW.
(11) The Washington state patrol may adopt rules necessary to carry out the purposes of this section.
(12) For the purposes of this section, "dealer" has the same meaning as given in RCW 9.41.010
.
[
2025 c 370 s 17
;
2024 c 289 s 7
;
2022 c 105 s 7
;
2020 c 28 s 1
.]
NOTES:
Effective date
—
2025 c 370:
See note following RCW 9.41.090
.
Effective date
—
2024 c 289:
See note following RCW 9.41.111
.
Effective date
—
2022 c 105:
See note following RCW 7.80.120
.
RCW 43.43.585
Washington background check advisory board.
(1) There is created the Washington background check advisory board. The board shall consist of the following members, appointed by the governor:
(a) The chief of the Washington state patrol or the chief's designee;
(b) The executive director of the Washington association of sheriffs and police chiefs or the executive director's designee;
(c) One sheriff;
(d) One police chief;
(e) One person engaged in the business of lawfully selling firearms at retail in this state who holds a federal firearms license under 18 U.S.C. Sec. 923(a); and
(f) One member of the general public.
(2) The primary purpose of the board is to ensure that the Washington state patrol *firearms background check unit established in RCW 43.43.580
is administered efficiently and effectively, and in a manner that honors individual firearms rights while preventing prohibited persons from obtaining firearms.
(3) The board shall initially convene within ninety days of June 11, 2020, and shall meet not less than monthly until such time that the Washington state patrol deems the *firearms background check unit is operational. After the Washington state patrol deems the *firearms background check unit is operational, the board shall meet quarterly, unless the board has no business to conduct during that quarter.
(4) The board shall elect from among its membership a chairperson and other such officers from among its membership as it deems appropriate.
(5) Members of the board shall serve terms of four years each on a staggered schedule to be established by the first board. For purposes of initiating a staggered schedule of terms, some members of the first board may initially serve two years and some members may initially serve four years.
(6) The board shall:
(a) Provide input and feedback regarding the establishment and operation of the *firearms background check unit established in RCW 43.43.580
;
(b) Provide input on the development of the *firearms background check unit budget prior to its formal submission to the office of financial management pursuant to RCW 43.88.030
;
(c) Be consulted with prior to the proposal of any rule relating to the *firearms background check unit and prior to the adoption of any rule relating to the *firearms background check unit;
(d) Require reports from the chief of the Washington state patrol on matters pertaining to the *firearms background check unit; and
(e) Report to the governor and appropriate committees of the legislature on or before December 31st of each year on the activities of the board and the *firearms background check unit for the preceding fiscal year.
(7) Members of the board shall serve without compensation, but shall be reimbursed for travel expenses pursuant to RCW 43.03.050
and
43.03.060
.
(8) The Washington state patrol shall provide the staffing and budgetary resources necessary for the board to properly fulfill its duties.
(9) Members serving in their official capacity on the Washington background check advisory board, or either their employer or employers or other entity that selected the members to serve, are immune from a civil action based on an act performed in good faith.
[
2020 c 28 s 2
.]
NOTES:
*Reviser's note:
The "firearms background check unit" was changed to the "firearms background check program" by
2024 c 289 s 7
.
RCW 43.43.590
State firearms background check system account.
(Effective until May 1, 2027.)
The state firearms background check system account is created in the custody of the state treasurer. All receipts under RCW 43.43.580
must be deposited into the account. Expenditures from the account may be used only for the creation, operation, and maintenance of the automated firearms background check system under RCW 43.43.580
. Only the chief of the Washington state patrol or the chief's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter
43.88
RCW, but an appropriation is not required for expenditures.
[
2020 c 28 s 3
.]
PDF
RCW 43.43.590
State firearms background check system account.
(Effective May 1, 2027.)
The state firearms background check system account is created in the custody of the state treasurer. All receipts under RCW 43.43.580
and
9.41.121
must be deposited into the account. Expenditures from the account may be used only for the creation, operation, and maintenance of the automated firearms background check system under RCW 43.43.580, and for costs incurred in establishing and administering the permit to purchase firearms program under RCW 9.41.121
. Only the chief of the Washington state patrol or the chief's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter
43.88
RCW, but an appropriation is not required for expenditures. The account must provide reimbursement of any amounts appropriated for the purposes of initial establishment of the permit to purchase firearms program by June 30, 2029.
[
2025 c 370 s 5
;
2020 c 28 s 3
.]
NOTES:
Application
—
2025 c 370 ss 2, 4, and 5:
See note following RCW 9.41.121
.
Effective date
—
2025 c 370:
See note following RCW 9.41.090
.
RCW 43.43.600
Drug control assistance unit
—
Created.
There is hereby created in the Washington state patrol a drug control assistance unit.
[
1970 ex.s. c 63 s 1
.]
RCW 43.43.610
Drug control assistance unit
—
Duties.
The drug control assistance unit shall provide investigative assistance for the purpose of enforcement of the provisions of chapter
69.40
RCW.
[
1983 c 3 s 107
;
1980 c 69 s 1
;
1970 ex.s. c 63 s 2
.]
RCW 43.43.620
Drug control assistance unit
—
Additional duties
—
Information system on violations
—
Inter-unit communications network.
The drug control assistance unit shall:
(1) Establish a record system to coordinate with all law enforcement agencies in the state a comprehensive system of information concerning violations of the narcotic and drug laws.
(2) Provide a communications network capable of interconnecting all offices and investigators of the unit.
[
1970 ex.s. c 63 s 3
.]
RCW 43.43.630
Drug control assistance unit
—
Use of existing facilities and systems.
In order to maximize the efficiency and effectiveness of state resources, the drug control assistance unit shall, where feasible, use existing facilities and systems.
[
1970 ex.s. c 63 s 4
.]
RCW 43.43.640
Drug control assistance unit
—
Certain investigators exempt from state civil service act.
Any investigators employed pursuant to RCW 43.43.610
shall be exempt from the state civil service act, chapter
41.06
RCW.
[
1980 c 69 s 3
;
1970 ex.s. c 63 s 5
.]
RCW 43.43.650
Drug control assistance unit
—
Employment of necessary personnel.
The chief of the Washington state patrol may employ such criminalists, chemists, clerical and other personnel as are necessary for the conduct of the affairs of the drug control assistance unit.
[
1970 ex.s. c 63 s 6
.]
RCW 43.43.655
Drug control assistance unit
—
Special narcotics enforcement unit.
A special narcotics enforcement unit is established within the Washington state patrol drug control assistance unit. The unit shall be coordinated between the Washington state patrol, the attorney general, and the Washington association of sheriffs and police chiefs. The initial unit shall consist of attorneys, investigators, and the necessary accountants and support staff. It is the responsibility of the unit to: (1) Conduct criminal narcotic profiteering investigations and assist with prosecutions, (2) train local undercover narcotic agents, and (3) coordinate federal, state, and local interjurisdictional narcotic investigations.
[
1989 c 271 s 235
.]
NOTES:
Severability
—
1989 c 271:
See note following RCW 9.94A.510
.
RCW 43.43.670
Bureau of forensic laboratory services
—
Powers
—
Priorities.
(1) There is created in the Washington state patrol a bureau of forensic laboratory services system which is authorized to:
(a) Provide laboratory services for the purpose of analyzing and scientifically handling any physical evidence relating to any crime.
(b) Provide training assistance for local law enforcement personnel.
(c) Provide all necessary toxicology services requested by all coroners, medical examiners, and prosecuting attorneys.
(2) The bureau of forensic laboratory services shall assign priority to a request for services with due regard to whether the case involves criminal activity against persons. The Washington state forensic investigations council shall assist the bureau of forensic laboratory services in devising policies to promote the most efficient use of laboratory services consistent with this section. The forensic investigations council shall be actively involved in the preparation of the bureau of forensic laboratory services budget and shall approve the bureau of forensic laboratory services budget prior to its formal submission by the state patrol to the office of financial management pursuant to RCW 43.88.030
.
[
1999 c 40 s 6
;
1995 c 398 s 1
;
1980 c 69 s 2
.]
NOTES:
Effective date
—
1999 c 40:
See note following RCW 43.103.010
.
RCW 43.43.672
Bureau of forensic laboratory services
—
Drug evidence analysis.
Subject to the availability of funds appropriated for this specific purpose, the Washington state patrol bureau of forensic laboratory services shall aim to complete the necessary analysis for any evidence submitted for a suspected violation of RCW 69.50.4011
(1) (b) or (c), 69.50.4013, 69.50.4014, or
69.41.030
(2) (b) or (c) within 45 days of receipt of the request for analysis.
The Washington state patrol bureau of forensic laboratory services' failure to comply with this section shall not constitute grounds for dismissal of a criminal charge.
[
2023 sp.s. c 1 s 6
.]
NOTES:
Effective date
—
2023 sp.s. c 1 s 6:
"Section 6 of this act takes effect January 1, 2025." [
2023 sp.s. c 1 s 40
.]
RCW 43.43.680
Controlled substance, simulator solution analysis
—
Prima facie evidence.
(1) In all prosecutions involving the analysis of a controlled substance or a sample of a controlled substance by the crime laboratory system of the state patrol, a certified copy of the analytical report signed by the supervisor of the state patrol's crime laboratory or the forensic scientist conducting the analysis is prima facie evidence of the results of the analytical findings.
(2) The defendant or a prosecutor may subpoena the forensic scientist who conducted the analysis of the substance to testify at the preliminary hearing and trial of the issue at no cost to the defendant, if the subpoena is issued at least ten days prior to the trial date.
(3) In all prosecutions involving the analysis of a certified simulator solution by the Washington state toxicology laboratory of the University of Washington, a certified copy of the analytical report signed by the state toxicologist or the toxicologist conducting the analysis is prima facie evidence of the results of the analytical findings, and of certification of the simulator solution used in the BAC verifier datamaster or any other alcohol/breath-testing equipment subsequently adopted by rule.
(4) The defendant of a prosecution may subpoena the toxicologist who conducted the analysis of the simulator solution to testify at the preliminary hearing and trial of the issue at no cost to the defendant, if thirty days prior to issuing the subpoena the defendant gives the state toxicologist notice of the defendant's intention to require the toxicologist's appearance.
[
1994 c 271 s 501
;
1992 c 129 s 1
.]
NOTES:
Purpose
—
Severability
—
1994 c 271:
See notes following RCW 9A.28.020
.
RCW 43.43.690
Crime laboratory analysis fee
—
Court imposition
—
Collection.
(1) When an adult offender has been adjudged guilty of violating any criminal statute of this state and a crime laboratory analysis was performed by a state crime laboratory, in addition to any other disposition, penalty, or fine imposed, the court shall levy a crime laboratory analysis fee of one hundred dollars for each offense for which the person was convicted. Upon a verified petition by the person assessed the fee, the court may suspend payment of all or part of the fee if it finds that the person does not have the ability to pay the fee.
(2) All crime laboratory analysis fees assessed under this section shall be collected by the clerk of the court and forwarded to the state general fund, to be used only for crime laboratories. The clerk may retain five dollars to defray the costs of collecting the fees.
[
2015 c 265 s 30
;
1992 c 129 s 2
.]
NOTES:
Finding
—
Intent
—
2015 c 265:
See note following RCW 13.50.010
.
RCW 43.43.700
Identification and criminal history section.
There is hereby established within the Washington state patrol a section on identification and criminal history hereafter referred to as the section.
In order to aid the administration of justice the section shall install systems for the identification of individuals, including the fingerprint system and such other systems as the chief deems necessary. The section shall keep a complete record and index of all information received in convenient form for consultation and comparison.
The section shall obtain from whatever source available and file for record the fingerprints, palmprints, photographs, or such other identification data as it deems necessary, of persons who have been or shall hereafter be lawfully arrested and charged with, or convicted of any criminal offense. The section may obtain like information concerning persons arrested for or convicted of crimes under the laws of another state or government.
[
2006 c 294 s 1
;
1998 c 141 s 2
;
1989 c 334 s 6
;
1987 c 486 s 9
;
1985 c 201 s 7
;
1984 c 17 s 17
;
1972 ex.s. c 152 s 1
.]
RCW 43.43.705
Identification data
—
Processing procedure
—
Definitions.
Upon the receipt of identification data from criminal justice agencies within this state, the section shall immediately cause the files to be examined and upon request shall promptly return to the contributor of such data a transcript of the record of previous arrests and dispositions of the persons described in the data submitted.
Upon application, the section shall furnish to criminal justice agencies a transcript of the criminal history record information available pertaining to any person of whom the section has a record.
For the purposes of RCW 43.43.700
through
43.43.785
the following words and phrases shall have the following meanings:
"Criminal history record information" includes, and shall be restricted to identifying data and information recorded as the result of an arrest or other initiation of criminal proceedings and the consequent proceedings related thereto. "Criminal history record information" shall not include intelligence, analytical, or investigative reports and files.
"Criminal justice agencies" are those public agencies within or outside the state which perform, as a principal function, activities directly relating to the apprehension, prosecution, adjudication or rehabilitation of criminal offenders.
The section may refuse to furnish any information pertaining to the identification or history of any person or persons of whom it has a record, or other information in its files and records, to any applicant if the chief determines that the applicant has previously misused information furnished to such applicant by the section or the chief believes that the applicant will not use the information requested solely for the purpose of due administration of the criminal laws or for the purposes enumerated in RCW 43.43.760
(4). The applicant may appeal such determination by notifying the chief in writing within thirty days. The hearing shall be before an administrative law judge appointed under chapter
34.12
RCW and in accordance with procedures for adjudicative proceedings under chapter
34.05
RCW.
[
2006 c 294 s 2
;
1999 c 151 s 1101
;
1989 c 334 s 7
;
1987 c 486 s 10
;
1985 c 201 s 8
;
1977 ex.s. c 314 s 14
;
1972 ex.s. c 152 s 2
.]
NOTES:
Part headings not law
—
Effective date
—
1999 c 151:
See notes following RCW 18.28.010
.
RCW 43.43.710
Availability of information.
Information contained in the files and records of the section relative to the commission of any crime by any person shall be considered privileged and shall not be made public or disclosed for any personal purpose or in any civil court proceedings except upon a written order of the judge of a court wherein such civil proceedings are had. All information contained in the files of the section relative to criminal records and personal histories of persons arrested for the commission of a crime shall be available to all criminal justice agencies upon the filing of an application as provided in RCW 43.43.705
.
Although no application for information has been made to the section as provided in RCW 43.43.705, the section may transmit such information in the chief's discretion, to such agencies as are authorized by RCW 43.43.705
to make application for it.
[
1995 c 369 s 13
;
1987 c 486 s 11
;
1986 c 266 s 87
;
1985 c 201 s 9
;
1979 ex.s. c 36 s 7
. Prior:
1977 ex.s. c 314 s 15
;
1977 ex.s. c 30 s 1
;
1972 ex.s. c 152 s 3
.]
NOTES:
Effective date
—
1995 c 369:
See note following RCW 43.43.930
.
Severability
—
1986 c 266:
See note following RCW 38.52.005
.
RCW 43.43.715
Identification
—
Cooperation with other criminal justice agencies.
The section shall, consistent with the procedures set forth in chapter 152, Laws of 1972 ex. sess., cooperate with all other criminal justice agencies within or without the state, in an exchange of information regarding convicted criminals and those suspected of or wanted for the commission of crimes to the end that proper identification may rapidly be made and the ends of justice served.
[
2006 c 294 s 3
;
1989 c 334 s 8
;
1985 c 201 s 10
;
1972 ex.s. c 152 s 4
.]
RCW 43.43.720
Local identification and records systems
—
Assistance.
At the request of any criminal justice agency within this state, the section may assist such agency in the establishment of local identification and records systems.
[
1972 ex.s. c 152 s 5
.]
RCW 43.43.725
Records as evidence.
Any copy of a criminal history record, photograph, fingerprint, or other paper or document in the files of the section, certified by the chief or his or her designee to be a true and complete copy of the original or of information on file with the section, shall be admissible in evidence in any court of this state pursuant to the provisions of RCW 5.44.040
.
[
2006 c 294 s 4
;
1985 c 201 s 11
;
1972 ex.s. c 152 s 6
.]
RCW 43.43.730
Records
—
Inspection
—
Copying
—
Requests for purge or modification
—
Appeals.
(1) Any individual shall have the right to inspect or request a copy of the criminal history record information on file with the section which refers to the individual. If the individual believes such information to be inaccurate or incomplete, he or she may request the section to purge, modify or supplement it and to advise such persons or agencies who have received his or her record and whom the individual designates to modify it accordingly. Should the section decline to so act, or should the individual believe the section's decision to be otherwise unsatisfactory, the individual may appeal such decision to the superior court in the county in which he or she is resident, or the county from which the disputed record emanated or Thurston county. The court shall in such case conduct a de novo hearing, and may order such relief as it finds to be just and equitable.
(2) The section may prescribe reasonable hours and a place for inspection, and may impose such additional restrictions, including fingerprinting, as are reasonably necessary both to assure the record's security and to verify the identities of those who seek to inspect them: PROVIDED, That the section may charge a reasonable fee for fingerprinting or for providing a copy of the criminal history record information pursuant to subsection (1) of this section.
[
2012 c 125 s 4
;
2006 c 294 s 5
;
1985 c 201 s 12
;
1977 ex.s. c 314 s 16
;
1972 ex.s. c 152 s 7
.]
RCW 43.43.735
Photographing and fingerprinting
—
Powers and duties of law enforcement agencies
—
Other data.
(1) It shall be the duty of the sheriff or director of public safety of every county, and the chief of police of every city or town, and of every chief officer of other law enforcement agencies duly operating within this state, to cause the photographing and fingerprinting of all adults and juveniles lawfully arrested for the commission of any criminal offense constituting a felony or gross misdemeanor. (a) When such juveniles are brought directly to a juvenile detention facility, the juvenile court administrator is also authorized, but not required, to cause the photographing, fingerprinting, and record transmittal to the appropriate law enforcement agency; and (b) a further exception may be made when the arrest is for a violation punishable as a gross misdemeanor and the arrested person is not taken into custody.
(2) It shall be the right, but not the duty, of the sheriff or director of public safety of every county, and the chief of police of every city or town, and every chief officer of other law enforcement agencies operating within this state to photograph and record the fingerprints of all adults lawfully arrested.
(3) Such sheriffs, directors of public safety, chiefs of police, and other chief law enforcement officers, may record, in addition to photographs and fingerprints, the palmprints, soleprints, toeprints, or any other identification data of all persons whose photograph and fingerprints are required or allowed to be taken under this section when in the discretion of such law enforcement officers it is necessary for proper identification of the arrested person or the investigation of the crime with which he or she is charged.
[
2009 c 549 s 5130
;
2006 c 294 s 6
;
1991 c 3 s 297
. Prior:
1989 c 334 s 9
;
1989 c 6 s 2
; prior:
1987 c 486 s 12
;
1987 c 450 s 2
;
1985 c 201 s 13
;
1972 ex.s. c 152 s 8
.]
RCW 43.43.740
Photographing and fingerprinting
—
Transmittal of data.
(1) It shall be the duty of the sheriff or director of public safety of every county, and the chief of police of every city or town, and of every chief officer of other law enforcement agencies duly operating within this state to furnish within seventy-two hours from the time of arrest to the section the required sets of fingerprints together with other identifying data as may be prescribed by the chief, of any person lawfully arrested, fingerprinted, and photographed pursuant to RCW 43.43.735
.
(2) Law enforcement agencies may retain and file copies of the fingerprints, photographs, and other identifying data and information obtained pursuant to RCW 43.43.735
. Said records shall remain in the possession of the law enforcement agency as part of the identification record and are not returnable to the subjects thereof.
[
2006 c 294 s 7
;
1989 c 334 s 10
. Prior:
1987 c 486 s 13
;
1987 c 450 s 3
;
1985 c 201 s 14
;
1972 ex.s. c 152 s 9
.]
RCW 43.43.742
Submission of fingerprints taken from persons for noncriminal purposes
—
Fees.
The Washington state patrol shall adopt rules concerning submission of fingerprints taken by local agencies after July 26, 1987, from persons for license application or other noncriminal purposes. The Washington state patrol may charge fees for submission of fingerprints which will cover as nearly as practicable the direct and indirect costs to the Washington state patrol of processing such submission.
[
1987 c 450 s 4
.]
RCW 43.43.745
Convicted persons, fingerprinting required, records
—
Furloughs, information to section, notice to local agencies
—
Arrests, disposition information
—
Convicts, information to section, notice to local agencies
—
Registration of sex offenders.
(1) It shall be the duty of the sheriff or director of public safety of every county, of the chief of police of each city or town, or of every chief officer of other law enforcement agencies operating within this state, to record the fingerprints of all persons held in or remanded to their custody when convicted of any crime as provided for in RCW 43.43.735
for which the penalty of imprisonment might be imposed and to disseminate and file such fingerprints in the same manner as those recorded upon arrest pursuant to RCW 43.43.735
and
43.43.740
.
(2) Every time the secretary authorizes a furlough as provided for in RCW 72.66.012
the department of corrections shall notify, thirty days prior to the beginning of such furlough, the sheriff or director of public safety of the county to which the prisoner is being furloughed, the nearest Washington state patrol district facility in the county wherein the furloughed prisoner is to be residing, and other similar criminal justice agencies that the named prisoner has been granted a furlough, the place to which furloughed, and the dates and times during which the prisoner will be on furlough status. In the case of an emergency furlough the thirty-day time period shall not be required but notification shall be made as promptly as possible and before the prisoner is released on furlough.
(3) Disposition of the charge for which the arrest was made shall be reported to the section at whatever stage in the proceedings a final disposition occurs by the arresting law enforcement agency, county prosecutor, city attorney, or court having jurisdiction over the offense: PROVIDED, That the chief shall promulgate rules pursuant to chapter
34.05
RCW to carry out the provisions of this subsection.
(4) Whenever a person serving a sentence for a term of confinement in a state correctional facility for convicted felons, pursuant to court commitment, is released on an order of the state indeterminate sentence review board, or is discharged from custody on expiration of sentence, the department of corrections shall promptly notify the sheriff or director of public safety, the nearest Washington state patrol district facility, and other similar criminal justice agencies that the named person has been released or discharged, the place to which such person has been released or discharged, and the conditions of his or her release or discharge.
Local law enforcement agencies shall require persons convicted of sex offenses to register pursuant to RCW 9A.44.130
. In addition, nothing in this section shall be construed to prevent any local law enforcement authority from recording the residency and other information concerning any convicted felon or other person convicted of a criminal offense when such information is obtained from a source other than from registration pursuant to RCW 9A.44.130
which source may include any officer or other agency or subdivision of the state.
(5) The existence of the notice requirement in subsection (2) of this section will not require any extension of the release date in the event the release plan changes after notification.
[
1994 c 129 s 7
;
1993 c 24 s 1
;
1990 c 3 s 409
;
1985 c 346 s 6
;
1973 c 20 s 1
;
1972 ex.s. c 152 s 10
.]
NOTES:
Findings
—
Intent
—
1994 c 129:
See note following RCW 4.24.550
.
Construction
—
Prior rules and regulations
—
1973 c 20:
See note following RCW 72.66.010
.
RCW 43.43.750
Use of force to obtain identification information
—
Liability.
In exercising their duties and authority under RCW 43.43.735
and
43.43.740, the sheriffs, directors of public safety, chiefs of police, and other chief law enforcement officers, may, consistent with constitutional and legal requirements, use such reasonable force as is necessary to compel an unwilling person to submit to being photographed, or fingerprinted, or to submit to any other identification procedure, except interrogation, which will result in obtaining physical evidence serving to identify such person. No one having the custody of any person subject to the identification procedures provided for in chapter 152, Laws of 1972 ex. sess., and no one acting in his or her aid or under his or her direction, and no one concerned in such publication as is provided for in RCW 43.43.740, shall incur any liability, civil or criminal, for anything lawfully done in the exercise of the provisions of chapter 152, Laws of 1972 ex. sess.
[
2009 c 549 s 5131
;
1972 ex.s. c 152 s 11
.]