Wrongful Death Causes of Action (E3SHB 1873)

This was the final bill heard on March 6 before the Senate adjourned for the night. After some confusion on a procedural motion, the Senate took up the draft of the bill that did not include the Ways and Means amendment to suspend joint and several liability for the state and political subdivisions. Instead, they chose to have another vote on that amendment – this time before the full Senate. A second amendment to limit new causes of action to adult children under age 26 also was proposed. They passed with exactly enough votes to adopt the changes.

Special thanks goes to Senator Dale Brandland for his leadership on the issue, for calling for the amendment in committee and making a persuasive floor speech to convince his colleagues to support it. In addition to all 17 republicans, the requisite number of democrats (eight) also supported the amendments. We are truly grateful to them as well: Senators Hargrove, Haugen, Rockefeller, Rasmussen, Kastama, Shin, Berkey, and Sheldon. The bill must now go back to the House so that they may consider whether to concur in the amendments. We are hopeful the House will retain the Senate’s amendments to limit its financial impact.

The current version of the bill is now substantially improved for state and local government. While we would be subject to new causes of action by parents or insurance beneficiaries of adult children up to age 26 who suffer a wrongful death, rather than current law at age 18, we would only be responsible for the portion of damages attributed by the jury to our actions. It is a significant change to the previous version that would have applied joint liability to these new causes of action – usually resulting in the "deep pocket" paying all or nearly all of the award.

Gang Task Force Recommendations (E2SHB 2712) -- AWC Priority

E2SHB 2712 would provide a number of important tools for local law enforcement and communities to address gang activity. The bill is still up for consideration by the full Senate, including amendments to remove the newly created civil anti-gang injunction authority and remove funding and direction to the Governor’s Juvenile Justice Advisory Committee to prepare a request for proposal to implement new intervention and prevention grants that are expected to be included in the 2009-2011 budget.

AWC has been supportive of retaining these changes, but that may not be possible. Some cities believe they have the authority to seek an injunction against a gang under current law. We are working to clarify this. The remainder of the bill is very helpful to cities, by providing a common definition of a gang, creating a statewide database for gang activity, and providing funding for enforcement and graffiti abatement grants.

We are also hopeful that the final version of the operating budget will include grant funding for local law enforcement, graffiti abatement, and the funding for the RFP to get the pilot programs for gang suppression and intervention underway.

Eluding a Police Vehicle (ESHB 1030)

This bill to enhance the penalty for endangering a person or persons while eluding a police vehicle passed the Senate on March 6. AWC has been supportive of this measure, which is named in honor of two individuals from Yakima who were killed when a driver eluding police struck their car. The Senate-passed version contained an amendment that clarifies the penalty for endangerment does not include endangering the pursuing officer or any passengers in the fleeing car. We are supportive of this change, and expect the House will concur and pass the bill to the Governor for signature.

Courts of Limited Jurisdiction (2SHB 2557)

This bill implementing the recommendations of the courts of limited jurisdiction task force passed the Senate on March 5. The bill codifies the Primm v. Medina case clarifying the authority of cities to contract with another city for municipal court services. It also eliminates municipal departments of district courts while grandfathering those in operation as of July 2008. Finally, it limits commissioners’ authority so that they may not preside over trials. AWC heard from a couple of cities that the limitation on commissioner authority could be problematic. To accommodate that concern, the current version now limits that authority effective July 1, 2010 (rather than immediately) to provide time for those cities to transition to this new system. Because very few cities use commissioners, this limitation is expected to be very minimal in its impact.

Further Action on Sex Offender Bills

Sex Offender DNA Collection (2SHB 2713/ ESSB 6488)

These are Governor-request bills to require DNA collection for additional categories of sex offenders. AWC has been supportive of this Governor-request bill, which is eligible to be adopted by the full Senate.

ESSB 6488, the Senate companion failed to pass out of the House Appropriations Committee before the cut-off, but 2SHB 2713 is expected to be the vehicle that receives final passage.

Making Failure to Register as a Sex Offender a Class B Felony (2SHB 2714)

This bill passed the Senate unanimously on March 4. AWC has supported this sentence enhancement as a tool to reduce the likelihood that offenders will reoffend.

Adding Registration Requirements for Misdemeanor Crimes (HB 2728)

HB 2728, which requires sex offender registration for misdemeanor and gross misdemeanor-level indecent exposure when there has been a finding of sexual motivation, is eligible for final passage by the full Senate. Under current law, misdemeanor offenses are not required to register. The determination of whether an offense is committed with sexual motivation is made by special allegation, which is filed by the prosecuting attorney.

Adding Level 1 Sex Offenders Who Fail to Register to the Sex Offender Web Site (HB 2786)

HB 2786 requires the Washington Association of Sheriffs and Police Chiefs to include level I sex offenders who fail to maintain registration on the statewide sex offender web site. Current law requires only level 2 and 3 offenders, who are deemed more likely to reoffend, to be listed on the statewide sex offender web site that is available to the public. As with the above bills, AWC supports these additional tools to reduce the likelihood of reoffense for those who fail to register.

Office of Public Defense (ESSB 6442)

This bill to eliminate the sunset date on the Office of Public Defense and clarify their statutory responsibilities passed the House unanimously on March 5. It needs to go back to the Senate for concurrence in the House amendments, which included adding representatives of cities and counties to the advisory committee and put in statute their duties. Concurrence is expected, and has been supported by AWC.

Court Interpreters (2E2SHB 2176)

The Senate passed 2E2SHB 2176 on March 6 and adopted the committee amendments. It requires all trial courts to develop a language assistance plan to provide for the provision of interpreter services in both civil and criminal legal matters and provides for state reimbursement of up to half the cost of interpreters appointed in court if a language assistance plan is in place and the interpreter is certified or meets certain requirements. According to the Administrative Office of the Courts, such plans are already required under Federal law. This bill simply codifies the federal requirements, and provides direction to AOC for their expenditure of funds received in last year’s budget.

Property Crimes (SB 5343)

SB 5343 failed to pass out of the House Public Safety & Emergency Preparedness Committee before the cut-off on February 29. It would have increased the dollar amounts for misdemeanor and felony property crimes, resulting in some municipal courts being required to hear more cases. AWC had not weighed in on the bill because some cities believed the change would have reflected current practice.

We expect this to be an issue during the interim. If your city has concerns about this bill’s impact or would like to participate in the interim work on this issue, please contact Tammy Fellin tammyf@awcnet.org or Sheila Gall sheilag@awcnet.org.

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

This bill corrects a technical issue with the current law to make the 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. It comes in response to a Supreme Court decision that eliminated law enforcement’s authority to enforce the failure to transfer title law after the 46th day because this was not a "continuing" offense.

AWC has worked closely with the city of Puyallup to continue to move this bill forward, and we appreciate their work on the issue. We expect it to be passed by the full House before cutoff and the Senate to concur.

Emergency Preparedness Planning for Service Animals and Pets (E2SSB 5106)

SSB 5106 would have required local jurisdictions to include provisions for household pets and service animals following a disaster or emergency in their comprehensive local emergency management plan. HB 5106 was not passed out of committee in the Senate before the cutoff on February 29.

Standards for Emergency Preparedness Kits (HB 2550)

HB 2550 would have directed the Department of General Administration to establish purchasing policies and safety standards for emergency preparedness kits that are purchased or procured by the state or local agencies. HB 2550 was not passed out of committee in the Senate and is dead for the session.

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