Claims for damages against the state and local governments (ESHB 1553)

ESHB 1553, which makes changes to the 60-day notice statute for claims against state and local governments, could be brought up for consideration on the Senate floor soon. While it was amended before passing the House and the Senate Government Operations Committee, the current version still needs some changes to address city concerns regarding the potential for increased litigation.

Cities support further floor amendments that are expected to be offered on the bill that would restore some of the "bright-line" rules for filing a claim 60 days prior to filing a court case against a government entity - a process designed to give the state and local governments the opportunity to settle claims outside of court. The current version of the bill creates ambiguity and the potential for increased litigation by establishing a "substantial compliance" standard that applies to both the content and process for filing a claim. This will increase litigation as parties disagree over the meaning of "substantial compliance" when it comes to the process.

We support an expected floor striking amendment that would delineate what information may be requested in addition to that included on the standard form that cities would be required to use.

In addition, cities also support several amendments that are expected to be offered on the Senate floor that would:

Limit the application of the new standard of "substantial compliance" to the content of claims, but retain the bright-line rules for the procedural requirements for filing the claims notice;
Limit the provision allowing an attorney or parent/guardian to sign the claim form on behalf of the claimant to those cases where the claimant is incapacitated; and
Continue to leave the decision whether the amount of damages stated on the claim form is admissible at trial to the judge, as is done today.

Nightclub license (SSB 5367)

This bill creates a new license for nightclubs and allows local governments to petition the Liquor Control Board (LCB) to impose additional requirements on nightclub licensees, which typically may require added law enforcement resources. It also increases the number of licenses that may be granted, but retains an overall cap.

As discussed in last week’s Bulletin, an amendment to the bill is expected that will clarify that local governments still have 60 days to submit objections to liquor license renewals. We appreciate the willingness of the LCB and industry to work with us on this issue which was raised as a result of recent LCB meetings with local governments to explain the impact of legislative changes made in 2007.

Concerning conveyances used in prostitution-related offenses (ESHB 1362)

This AWC endorsed bill passed the Senate unanimously on April 8. This bill creates a local option to impound vehicles used in prostitution related offenses in designated problem areas. The bill now heads back to the House for concurrence in the Senate amendments providing waivers from fees for acquittal or if impoundment caused hardship on innocent spouses.

Assault of a law enforcement officer (SB 5413)

AWC endorsed SB 5413, and the bill passed the House on April 8. It is now headed to the Governor for signature. This bill would create a special allegation to add an additional 12 months to the standard sentence range for offenses in which the defendant is convicted of assaulting a law enforcement officer, or other law enforcement agency employee with a firearm look-alike weapon. It was brought as a result of an incident involving a look-alike gun in Federal Way last year.

Persons with developmental disabilities in jails (E2SHB 2078)

E2SHB 2078 passed the Senate unanimously on April 9. The bill had been in the Senate Human Services & Corrections Committee to create a task force to review recommendations and develop model procedures for screening for and assisting persons with developmental disabilities in jails and report recommendations by December 2009. The bill also requires law enforcement to provide screening and training on addressing these issues by January 1, 2011. Because it was amended in the Senate committee, these changes must be concurred in by the House before it heads to the Governor. With these changes, AWC does not oppose it.

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