Legislative History
The Washington Council of Police & Sheriffs (WACOPS) has been advocating for peace officers in Washington State for over 60 years. In its time, WACOPS has been an influential bipartisan stakeholder in legislative efforts that improve pension and benefits, protect collective bargaining rights, and on the job safety for law enforcement officers.
In 1962, the council first incorporated as the Police Legislative Committee, Inc. and by 1969 was representing police unions from the ten ‘First Class Cities’. The organization’s first President, Charles Marsh, of Tacoma Police Union spearheaded early legislative efforts to improve the benefits for members covered under RCW 41.20, forerunners to the LEOFF 1 system. A few of the successful efforts to improve the 41.20 system resulted in on-duty disability pension benefits, survivor benefits, increasing the retirement amount on 25 years of service, defining rank in civil service law, sick benefits, and others.
Today, WACOPS is a professional and strategic advocate for all of Washington’s peace officers. As a collaborative organization, and we seek and nurture relationships with legislators, community groups, and other labor organizations to leverage our advocacy and influence. WACOPS has since grown to represent over 100 member organizations and over 6,000 individual police officers and sheriff’s deputies. We are proud of our accomplishments and value the investment our members make in the only professional trade association representing active duty, fully commissioned, LEOFF 2 peace officers.
Featured Successes
• Passed legislation to decrease the LEOFF 2 Plan retirement age from 58 to 55 (1993), and from 55 to 53 (2004).
• Passed legislation that created the LEOFF Plan 2 Retirement Board and the ongoing placement of three LEO representatives to secure rate stabilization (2007).
• Passed legislation providing LEO protections from adverse employment actions based solely on being placed on a Brady List (2018).
• Passed legislation to provide presumptive illness L&I protections for PTSD that occurs after 10 years of service and allows a claim for PTSD caused by multiple traumatic events (2018).
• Passed legislation that creates an occupational disease presumption for heart problems and infectious diseases for law enforcement officers (2019).
• Passed legislation that created the Benefit Improvement Account (BIA) (2008), laying the groundwork for potential improvements. Another granted LEOFF 2 BIA Funding by transferring $300 million from the LEOFF Plan 2 Retirement Fund to the BIA (2019).
• Passed LEOFF 2 Pension Benefit Improvement (2022).
WACOPS Accomplishments by Year
Passed:
- Initiative 2113 restores vehicle pursuit laws from probable cause to reasonable suspicion.
- HB 2311 supporting first responder wellness and peer support programs.
- HB 2246 concerning vacation leave accrual for state employees.
- SB 5906 Implementation of a statewide drug overdose prevention and education campaign.
- SSB 6006 Supporting victims of human trafficking and sexual abuse.
Defeated:
- HB 1579 creating an office of independent prosecution within the Attorney General's office.
- HB 1445 authorizes the Attorney General's office to investigate agency misconduct through legal means.
- HB 1513 Elimination of non-moving vehicle traffic stops and searches.
- SB 5383 Concerning pedestrian crossing and moving along roadways.
- HB 1025 Allowing for easier civil action against officers and agencies.
Passed:
- SHB1068 creates a new right for workers to audio or video record, (or both) all examinations ordered.
- HB1007 interruption military service credit for members of the state retirement systems.
- ESHB1187 creates a new and very strong privilege for union members and their representatives.
- HB1197 defining attending provider and clarifying other provider functions for workers' compensation claims and adding psychologists as attending providers for mental health only claims.
- SHB1200 Requires public employers to provide employee information to exclusive bargaining representatives.
- SHB1521 Creates a new, undefined standard of duty of good faith and fair dealing. Bill will require rulemaking to create the standards for duty of good faith and fair dealing.
Defeated
- HB1025 Allowing for easier civil action against officers and agencies.
- HB1579 Create an office of independent prosecutions within the Attorney General's office.
- HB1445 Investigate law enforcement misconduct and provide for legal actions.
- HB1513 Eliminate non-moving traffic stops and searches.
LEOFF 2 Benefit Improvement WACOPS leadership began a journey many years ago to have more influence over your pension fund and to improve your retirement benefits. As some of you recall, Initiative 790 was passed in November 2002 that established the Washington State Law Enforcement Officers’ and Fire Fighters’ Plan 2 Retirement Board LEOFF Plan 2 Board. This was the beginning of the execution of the vision. Since that time WACOPS and the Washington State Council of Fire Fighters (WSCFF) have worked diligently to improve your pension benefits.
- In 2008, advocacy by both groups resulted in the formation of a LEOFF 2 Benefit Improvement Account.
- In 2019, WACOPS and WSCFF were able to gain agreement of the legislature to make a one-time transfer of $300 million from the LEOFF 2 retirement fund to the LEOFF 2 Benefit Improvement Account.
- In 2022, through the passage of SHB 1701 - Concerning law enforcement officers' and firefighters' retirement system benefits, the vision of improved benefits for both active and retired LEOFF 2 members was realized! Both the legislative bodies (House and Senate) unanimously passed the measure after a coordinated effort between WACOPS and the WSCFF. Depending upon an individual’s circumstance, the benefit improvement will be a lump sum or an increase to your future pension using a tier multiplier increase.
WACOPS Supported Bills that Passed
- HB1669 PERS Disability Benefits.
- SHB 1701 LEOFF 2 Benefits.
- HB 1719 Military Equipment/LE.
- EHB 1752 Deferred Comp/Roth.
- SSB 5564 Employee Assistance Programs.
- SSB 5644 Behavioral Health Co-Response
WACOPS Opposed Bills that were Defeated:
- 2SHB 1202 Police misconduct/civil remedy.
- HB 1507 Independent prosecution.
- SB 5677 Law enforcement serious misconduct.
Use of Force incidents nationwide and within the borders of Washington culminated in a supported, organized, and urgent effort aimed at law enforcement reform. WACOPS engaged with legislators immediately following the 2020 session and throughout the interim discussing, reviewing, and providing suggested changes to the many ideas that culminated in the nearly 20 bills introduced in the 2021 session.
WACOPS Supported Bills that Passed
- E2SSB 5259 Uniformly collect use of force data.
- SHB 1088 Allow for the removal of an officer from a brady list.
- E2SHB 1089 Independent audits of use of force investigation processes. Concerning compliance audits of requirements relating to peace officers and law enforcement agencies.
- HB 1001 Establishing a law enforcement professional development outreach grant program.
- ESSB 5353 Creating a partnership model that facilitates community engagement with law enforcement.
- E2SHB 1477 Implementing the national 988 system to enhance and expand behavioral health crisis response and suicide prevention services.
WACOPS Opposed Bills that were Defeated:
- SHB 1203 Require community oversight boards of law enforcement departments.
- 2SHB 1202 A proposal to allow for easier civil action against officers and agencies. Addressing meaningful civil remedies for persons injured as a result of police misconduct, including by allowing for an award of attorney fees in addition to damages and injunctive and declaratory relief.
- HB 1507 Create an office of independent prosecutions within the Attorney General’s office.Other significant legislation that
WACOPS was in opposition to, but passed:
- Ban on the use of chokeholds and other controversial law enforcement tactics.
- (ESHB 1054), a statewide requirement that law enforcement intervene
- (SSB 5066) if they witness another officer using excessive force, and a higher bar for when law enforcement can resort to deadly force
- (E2SHB 1310). Other bills would establish a new state office to independently investigate
- (ESHB 1267) when law enforcement is involved in a deadly use of force incident and make it easier for the state to decertify an officer
- (E2SSB 5051) for misconduct. Another bill changes the methods for selecting an arbitrator for labor disputes
- (SSB 5055) involving law enforcement disciplinary matters (WACOPS Neutral Position).
Legislation Passed
- SB 6570 – Concerning law enforcement officer mental health and wellness. Establishes a Law Enforcement Officer Health and Wellness Task Force to be convened by the Department of Health. Note: On April 1, 2020, Governor Inslee vetoed several sections of the budget and associated policy bills to reduce the 2020 supplemental operating budget due to the COVID-19 pandemic. Section 3 of this bill, which provided $300,000 to establish three pilot projects to support behavioral health and other improvement efforts for law enforcement officers, was removed. Governor’s veto message: "With the rapidly changing environment related to the state's response to COVID-19 and the new economic realities the state faces, I made the difficult choice to veto the funding provided to support this pilot project.”
- HB 2926 – Expanding Access to critical incident stress management programs. Requires the Criminal Justice Training Commission (CJTC) to inventory critical incident stress management programs available to law enforcement agencies statewide. Requires CJTC to coordinate with others to expand access to critical incident stress management programs.
- 2SSB 5149 - Monitoring with victim notification technology.
- SB 6417 - Allowing retirees to change their survivor option election after retirement.
- SHB 2544 - Concerning the definition of veteran.
- SSB 6499 - Concerning the confidentiality of retirement system files and records relating to health information.
- E2SSB 5481 - Concerning collective bargaining by Fish and Wildlife officers.
Passed:
- SHB 1064 – Alterations to Initiative I-940 Use of Force and Training o Modifies Initiative 940, including provisions relating to training, the criminal liability standard for use of deadly force, independent investigations of deadly force incidents, and rendering of first aid. Requires the state to reimburse a peace officer for reasonable defense costs when he or she is found not guilty or charges are dismissed in certain circumstances.
- HB 1909 – PTSD Privacy Protections or Requires the Department of Labor and Industries to notify employers and workers upon the allowance of a claim of their rights and responsibilities under this act. Subjects an employer to a civil penalty of $1,000 for each occurrence where the employer or employer’s authorized representative reveals information in an injured worker’s claim file regarding a mental health condition or treatment to any person other than an authorized representative.
- HB 1913 – Identifying Presumed Conditions for LE and Fire Fighters Creates an occupational disease presumption for heart problems and infectious diseases for law enforcement officers. Requires the director of the Department Labor and Industries to create an advisory committee on occupational disease presumptions, made up of specified scientist.
- HB 2144 – LEOFF 2 Benefit Improvement Funding o Transfers $300 million from the Law Enforcement Officers’ and Firefighters’ Plan 2 Retirement Fund to the Benefit Enhancement Account. Eliminates biennial transfers from State General Fund Transfer Local Public Safety Enhancement Account.
Passed:
- SB3003 A compromise intended to keep I-940 off of the ballot. This legislation has been challenged legally and has been heard by the Supreme Court.
- SB6188 Provides LEO protections from adverse employment actions based solely on being placed on a Brady list.
- SB6214 Provides presumptive illness L&I protections for PTSC that occurs after 10 years of service and allows a claim for PTSC caused by multiple traumatic events.
Defeated:
- For the third year in a row, we were able to secure a veto from the Governor on language that would have changed the funding source for future payments into the BIA.
Passed:
- HB1501 provides notice to law enforcement when persons have attempted to illegally purchase firearms. The State budget included full funding of LEOFF Plan 2 with the adoption of contribution rates from the LEOFF Board. The Legislature failed to fund the Benefit Improvement Account (BIA) funding source for future payments into the BIA.
Defeated:
- Multiple bills on “Right to Work”, requiring negotiations in open public meetings, and further attacks on collective bargaining. Multiple bills that reduced officer protections in use of deadly force encounters. WACOPS south to negotiate a reasonable alternative to the hardline proposals but other LEO based groups would not consider negotiated settlement for the legislature to consider.
Passed:
- SB6459 to allow LEO’s greater latitude when encountering persons under DOC supervision.
- HB2362 to create a Task Force regarding body worn cameras.
- SB6263 & SB6264 LEOFF 2 Board bills that protect officers that are deployed to emergencies and clarify LEOFF annuity options
Defeated:
- Multiple bills to modify the deadly force statute. Ultimately, a Task Force was formed and WACOPS served on the task force.
- SB6668 and budget language that attempted to merge the underfunded TRS-1 pension system with LEOFF Plan 1.
Passed:
- First payment into the LEOFF 2 Benefits Improvement account. This deposit was made using LEOFF 2 reserves. This deposit was made inconsistent with the statute but met the State's mandate.
- Funding for the Internet Crimes Against Children task force increased funding for the CJTC
Defeated:
- Attempt to increase LEOFF retirement age from 53 to 55. Public disclosure of public sector unions’ finances.
- Restricting body camera footage to officer discipline only
Passed:
- Creating an optional annuity for LEOFF 2 members.
- Modifying arrest without a warrant provisions and enhancing warrant issuance processes. Exempting employee ID’s from records requests.
Defeated:
- Attempts to negate police officer arbitration rights Reducing retirement calculation rates.
- Creating a defined contribution retirement system.
- Requiring public employee collective bargaining negotiations to be open meetings.
Passed:
- Death benefits for reserve officers and health insurance for LEOFF catastrophically disabled.
- Creating a registry, accessible only to law enforcement, for felony firearm offenders.
- Allowing the storage and transportation of flash bang devices. Created the CJTC firing range account and retained funding for CJTC.
- Exempting confidential licenses and plates from public disclosure
Defeated:
- Creating defined contribution state retirement plans.
- Eliminating the use of overtime when calculating pension benefits.
- Creating a new appeal process form LEOFF 1 disability board decisions.
- Legislation that would have eliminated the due process and adequate checks and balances on managerial authority in the dismissal of law enforcement officers.
Passed:
- Implementing the Blue Alert system.
- Exempting police K-9’s from strict liability and increasing penalties for harming or killing a police dog.
- Allowing fish and Wildlife enforcement officers to transfer service credit in 2012.
- Authorizing facial recognition matching to deter criminals from acquiring multiple identities
Defeated:
- Cuts to the LEOFF 2 contribution rates which would have underfunded the plan by $90 million.
- Requiring local governments to reimburse 50% - 100% of the costs for training at CJTC
- Cuts to DOC that would have reduced CCO’s and the community supervision program and granted early release to offenders.
- Mandatory drug testing.
- Eliminating the use of overtime when calculating pension benefits.
Passed:
- Legislation that provides that LEOFF pensions will not be reduced be compensation foregone by reduced work hours, mandatory leave without pay, temporary layoffs, or reduction to current pay.
- Exempting legally registered and possessed firearm suppressors from criminal classification.
- Increasing the penalty for harassing criminal justice participants.
Defeated:
- Cuts to the LEOFF 2 contribution rates which would have underfunded the plan by $75 million.
- Legislation that would have weakened binding interest arbitration.
- Legalizing marijuana.
- State mandated inquests into officer shootings
Passed:
- Legislation that placed the Lakewood Law Enforcement Memorial Act constitutional amendment on the general election ballot.
- Legislation that increased LEOFF Plan 2 Survivor Benefits.
- Legislation that covers medical insurance costs for LEOFF 2 members totally disabled in the line of duty.
- Criminal Justice reforms including increasing penalties for rendering criminal assistance, addressing bail for felony offenses, modifying sex offender registration provisions, improving procedures relating to the commitment of persons found not guilty by reason of insanity, changing disappearance notice requirements for mentally ill patients, and requesting modifications to the Interstate Compact for Adult Offender Supervision.
- Workplace issues including protecting the privacy of criminal justice employees by increasing exemptions under the Public Records Act and simplifying the procedures for issuing firearms qualification certificates to retired law enforcement officers and law enforcement conduct.
Defeated:
- Assault weapon ban.
- Legalization of marijuana.
Passed:
- Legislation amending LEOFF 2 to provide interruptive military service credit, military service death benefits, duty disability conversion, Fish & Wildlife enforcement officer service credit transfer, and domestic partner benefits.
Defeated:
- Legislative efforts to lower LEOFF 2 contribution rates and change actuarial assumptions for the pension plan. These proposals would have caused a large reduction of assets in the LEOFF Plan 2 fund and increased member contribution rates in future biennia without adding benefit enhancements.
- Legislation that would have required mandatory drug testing of peace officers.
Passed:
- Secured a dedicated state revenue stream to bring revenues to LEOFF Plan 2 and local jurisdictions for public safety on a biennial basis.
Passed:
- Legislation that permits members of LEOFF 2 to purchase up to 24 months of service credit for periods of temporary duty-related disability.
- Legislation that affects how contribution rates are set, dual membership in state-administered pension plans, and LEOFF 2 board membership.
Passed:
- Legislation amending LEOFF Plan 2 including Catastrophic Disabilities, Survivor Health Insurance, and the $150,000 Death Benefit bill.
- Legislation that removed the 60% LEOFF 1 Benefit Cap Budget proviso funding for the Basic Law Enforcement Academy.
Passed:
- Legislation enhancing LEOFF Plan 2 benefits including a new duty disability bill, the employment bill, the LEOFF 2 military service credit bill, and the purchase of service credit and annuity.
- Legislation regarding police officer vehicle license information.
- Legislation that corrected a LEOFF 1 disability board issue.
Passed:
- Legislation that created the Washington State Law Enforcement Memorial Foundation (WLSEMF) license plate and allowed the sale of WSLEMF license plates to fund the memorial.
- Legislation that enhanced the LEOFF 2 retirement system by the extension of benefits to certain disabled members and revised the calculation of retirement allowances for those killed in the course of employment.