(The Center Square) – House Democrats in the Washington State Legislature want to align standards across law enforcement, but the approach passed out of committee Wednesday would allow state agencies to decertify elected sheriffs.
The House Appropriations Committee approved House Bill 1399 on Wednesday. Now, it’s up to the Rules Committee to schedule a floor debate. If passed, the bill would apply uniform eligibility and certification standards across law enforcement leadership while updating rules around volunteers and other areas.
Most of the changes revolve around a sheriff’s eligibility, even before running for office. One would require candidates to undergo background checks before they announce their candidacy. Sheriffs are elected by the people, just like state lawmakers, who aren’t subject to those same investigations.
The proposal passed through committee without bipartisan support, as Republicans questioned whether it would hold up in court. Some called HB 1399 unconstitutional, adding that a recall and investigatory process already exists for elected sheriffs and other officials.
“Our law enforcement leaders, our chiefs, elected sheriffs or appointed sheriffs, are not required to be held to the same standards in terms of eligibility, training and certification as the officers who report to them,” Rep. Nicole Macri, D-Seattle, said Wednesday. “This bill requires that.”
Macri argued that HB 1399 builds trust in law enforcement while applying consistency across the state. Her Republican counterparts acknowledged the importance of “integrable leadership” but called the proposal an unwarranted overreach, considering the existing recall system.
Rep. Travis Couture, R-Allyn, questioned why his peers would hold some elected officials to standards they don’t have to meet. He said sheriffs are elected officials chosen by the people, not the state, and politicians are not “smarter” than the voters who elect them.
“No one took our background checks,” Couture said, “The people elected us.”
The Washington Association of Sheriffs and Police Chiefs testified against HB 1399 last week.
Policy Director James McMahon said the prime sponsor had canceled a meeting with the association just days after it submitted a counter proposal due to constitutional concerns.
While seemingly unrelated, another provision in the bill would repeal a law prohibiting the state from housing inmates of the opposite sex together. Many women testified against HB 1399, highlighting how it would endanger women and prompt lawsuits against the state.
“I’m really concerned that this would certainly be challenged and will likely be overturned,” Rep. Brian Burnett, R-Wenatchee, who previously served three terms as Chelan County sheriff, said before voting against HB 1399.
If the Rules Committee schedules a floor debate for HB 1399 and the House passes it out of the chamber, the Senate must go through the same process before it ultimately passes.
