Wrongful Injury or Death Causes of Action Legislation Scheduled for Hearing (SB 6696/2SHB 1873)

These bills would substantially expand the scope of potential claimants and the measure of damages for these causes of action. A substitute version 2SHB 1873 passed out of the House Judiciary Committee on Monday, February 4, and was referred to the Appropriations Committee. The Appropriations Committee is scheduled to hear the bill on Friday, February 8. It must pass the committee before the cutoff on Tuesday, February 12, to stay alive.

This version of the bill would expand the scope of claimants to include parents of adult children, regardless of age, if they had financial dependence or had "significant involvement" in the decedent’s life, and to the insurance policy beneficiary, regardless of the relationship. The amended version of the bill did limit some of the multiple and types of damages that could be recovered and included a definition of financial dependence.

The amended version makes 2SHB 1873 more similar to SB 6696, which was heard on Tuesday, February 5 in the Senate Government Operations & Elections Committee.

Action needed

Cities with Representatives on the Appropriations Committee should contact them to express opposition to the expanded liability in 2SHB 1873. Tell them that cities sympathize with the events that result in these types of claims. However, we oppose the impact this expansion will have on the number of claims and amount of damages paid under these claims. Cities are already having difficulty providing essential public services within available tax dollars. This bill puts additional demands on those tax dollars without any additional revenues.

Courts of Limited Jurisdiction (SHB 2557)

SHB 2557, which includes the recommendations of the Courts of Limited Jurisdiction Task Force that met over the interim, passed out of the House Appropriations General Government & Audit Review Sub-Committee on February 7 and is expected to move on to the House floor for further action.

The bill codifies the court case clarifying the ability of cities to contract with another city for court services, eliminates municipal departments while grandfathering in departments existing as of July 1, 2008, and clarifies other provisions related to district court claims. All the changes cities requested were included in the version of the bill that passed out of committee.

Requiring Interpreters for Court Services, and Providing Funding (2E2SHB 2176)

The bill passed the House unanimously and has been referred to the Senate Judiciary Committee. It requires the Administrative Office of the Courts (AOC), within available funds, to develop a language assistance program for use by local government. It also requires each trial court to develop a written language assistance plan to provide a framework for the provision of interpreter services for non-English-speaking-persons accessing the court system in both civil and criminal legal matters.

Each court must provide a copy of its language assistance plan to the Interpreter Commission for approval prior to receiving state reimbursement for interpreter costs.

Subject to the availability of funds appropriated for this purpose, the AOC must reimburse the appointing authority for one-half of the payment to the interpreter where a qualified interpreter is appointed for a hearing impaired person by a judicial officer in a proceeding before a court.

In its current form, it will require municipal courts to develop language assistance plans, but also provides some funding to help in their development. It is expected to raise the hourly rate that interpreters will be paid, but provides funding to help jurisdictions meet those standards. It is expected to place a burden on municipal courts, but has been described as being consistent with federal requirements currently on the books. AWC has not weighed in this session, to date.

Gang Task Force Recommendations – AWC Priority (SHB 2712/SB 6608)

SHB 2712, which includes the gang task force recommendations, was heard in the House Appropriations Committee on Tuesday, February 5 and is expected to move out of committee before the fiscal cutoff next week.

Sex Offender Legislation (SHB 2713/SB 6488, SSB 6489/HB 2786, HB 2569)

A number of bills related to increasing enforcement of sex offenders passed out of their respective committees this week. All are expected to move on to the House floor for further consideration and are likely to be considered together when the Senate takes up these issues.

SHB 2713 to require additional collection of DNA samples for sex offenders passed out of the House Appropriations Committee on Wednesday, February 6. Its companion bill SB 6488 passed out of the Senate Human Services & Corrections Committee on February 7. These are Governor’s request bills, and funding is provided for the new responsibilities.

SHB 2714, increasing the penalty for violation of sex offender and kidnapping registration requirements, passed out of the House Appropriations Committee on February 6.

SSB 6489, which requires level 1 sex offender information to be posted on the public website if they violate registration requirements, passed out of the Senate Human Services & Corrections Committee on February 7. Its companion HB 2786 was placed on second reading by the Rules Committee on February 6. AWC supports these bills to improve enforcement for sex offenders who have violated registration requirements. Research has shown a link between failure to register and increased likelihood of reoffending. These bills were introduced at the request of the Governor.

Domestic Violence (SB 6422)

This bill adds domestic violence court order violations to the list of offenses eligible for victim notification through the victim notification system operated by the Washington Association of Sheriffs and Police Chiefs. It was passed out of the Senate Human Services & Corrections Committee ahead of the cutoff.

Property Crimes (SB 5343)

SB 5343 would increase the dollar amounts for misdemeanor and felony property crimes. This bill was placed on second reading by the Senate Rules Committee on January 30. Because this legislation is consistent with current practice, AWC has not weighed in regarding this legislation this session.

Requiring Restitution to Public Safety Agencies for Costs Incurred Responding to Criminal Activity (HB 2905)

This bill is not expected to pass out of committee before the legislative cutoff and will be considered dead for the session.

Failure to Transfer Motor Vehicle Title and Registration (SSB 6527)

This bill corrects a technical issue with the current law to make the knowing failure to transfer a motor vehicle title a continuing offense, so that the crime could be charged after the expiration of the 45-day period. The bill passed out of the Senate Judiciary Committee on February 4.

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