AWC Legislative Bulletin - Volume 30, No. 4
January 26, 2007  (Plain Text Version)

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In this issue:
What You Need to Know Now
From the Director - State of the Cities: Economic Development Report
City Legislative Action Conference (CLAC)
Energy & Telecommunications
Environment & Water
General Local Government
Infrastructure, Transportation & Economic Development
Land Use & Housing
Law & Justice
Municipal Finance
Personnel & Labor Relations
Online Legislative Advocacy Tools
AWC Legislative Contacts & Board of Directors

Law & Justice

AWC Priority Issue
Offender Supervision Liability (HB 1669)

Assistance for local government misdemeanant offender supervision liability is one of AWC’s top priorities for the 2007 session. HB 1669 was introduced this week by Rep. Strow (R-Oak Harbor). The bill would provide for a gross negligence liability standard for misdemeanant supervision and provides that the standard of proof must be clear, cogent, and convincing. Adopting a gross negligence standard would finally grant cities the same level of protection from liability that currently applies to the state for their supervision of misdemeanant offenders.

Achieving parity with the state for these activities is a very small step, but one in the right direction. We do not expect this to be the final version of the bill, but are continuing to work with stakeholders in the hopes of reaching consensus on bill language.

Limiting Emergency Worker Immunity (SB 5054/HB 1073)

These companions bills were both heard this past week, and HB 1073 passed unanimously out of the House Judiciary Committee on January 24. The bills, brought at the request of the Military Department, clarify that acts or omissions by a covered volunteer emergency worker while engaged in a covered activity during a natural disaster or other emergency will not impose any civil liability. This proposal was endorsed in AWC’s legislative priority process. Changes are also being considered to air search and rescue liability standards, but they are decidedly different from this standard and will be made in a different proposal.

AWC Priority Issue
Costs for Providing Medical Care to Offenders

AWC is still collecting sponsors for a bill that would create a process for cities and counties to apply for reimbursement from the state for extraordinary costs incurred to provide medical care to offenders. This is identical to a bill we supported last year. It allows cities and counties to submit requests for reimbursement to the Office of Public Defense. All requests would be ranked and presented to the Legislature for funding. Look for more information next week, when this proposal is assigned a bill number.

Cities have also been invited to testify before a joint session of the House Health Care and Wellness Committee and Senate Health and Long-Term Care Committee on the impacts of medical costs for offenders. The hearing is scheduled on Wednesday, January 31, at 8 am.

The topic includes HB 1569, sponsored by Rep. Eileen Cody (D-Seattle), that creates a public/private partnership to improve affordability of health care for employers, employees, self-employed people, and other individuals; establishes a process of choosing and purchasing health insurance coverage that is well-informed, clearer, and simpler; encourages prevention, chronic care management, wellness, and improved quality of care as a fundamental part of the system; and ultimately increases access to affordable health insurance coverage and improves health outcomes in Washington State.

Municipal Court Contracting Authority (SB 5353, HB 1590)

The Senate Judiciary Committee heard SB 5353 on January 19. Thanks to Mary-Alyce Burleigh, Kirkland Councilmember and chair of the AWC legislative subcommittee on community safety and justice; Mayor John Wise, Enumclaw; and Judge Paul Conroy, Aberdeen Municipal Court, for testifying in support of the municipal court contracting provisions but in opposition to the provisions requiring election of all municipal court judges and requiring all municipal courts to expand their subject matter jurisdiction to include protection orders or to contract for those services.

Under current law, only those judges who serve 34 or more compensable hours in a week must be elected. More than 100 cities have part-time judges that are appointed by the chief executive officer. Also, under a law approved just last year, municipal courts have the option of providing protection orders in their courts.

On the House side, Rep. Goodman (D-Kirkland) has introduced HB 1590, which includes provisions to clarify city authority to contract for municipal court services only. It does not address election issues or subject matter expansion. We have provided this language to the Senate committee for their consideration as an alternative to SB 5353.

We expect HB 1590, which we support, to be heard in the House Judiciary Committee the week of February 5.

AWC would like your comments on an alternative to requiring election of all municipal court judges. A nominating commission process could be placed into statute to identify representatives of various interested parties, such as lawyers, judges, and the public, who would review all candidates for judicial office and make a recommendation for appointment to the chief executive officer. The American Judicature Society has established model policies on this subject that could form the basis for a new law in Washington. Please contact Sheila Gall, sheilag@awcnet.org, with your thoughts on this new idea for Washington’s municipal courts.

No Fees for Sexual Assault Protection Orders (HB 1437)

HB 1437, sponsored by Rep. Deb Eddy (D-Kirkland), would eliminate the filing fees for petitioners of a sexual assault protection order. Currently, issuing such orders is voluntary in municipal courts. As noted above, however, SB 5353 would require municipal courts to issue them. If these two bills were to pass, not only would cities be required to issue these orders, we could not charge a fee to do so. AWC will be expressing fiscal concerns on this bill. It is scheduled in the House Judiciary Committee on Tuesday, January 30 at 10 am.

Requiring Law Enforcement to File an Incident Report for Identity Theft (HB 1271)

HB 1271, sponsored by Rep. Dan Roach (R-Bonney Lake) requires law enforcement to create a police incident report when any person contacts them to report their reasonable suspicion that his or her financial information or means of identification has been unlawfully obtained, used by, or disclosed to another. Law enforcement is required to provide the complainant with a copy of that report.

The fiscal impact to local jurisdictions is assumed to be minimal because of the limited number of such occurrences. AWC is interested in learning if jurisdictions expect the cost to be burdensome. The bill is scheduled to be heard before the House Public Safety and Emergency Management Committee on Wednesday, January 31 at 8 am. Please contact Sheila Gall, sheilag@awcnet.org, with information.

Eluding a Police Vehicle (SB 5060, HB 1030)

SB 5050, sponsored by Sen. Honeyford (R-Sunnyside), will be heard by the Senate Judiciary Committee on Wednesday, January 31 at 3:30 pm. The bill ranks attempting to elude a pursuing police vehicle as a class VI felony offense – a much more serious offense than currently.

HB 1030, a bill that allows the court to impose an additional 12-month sentence upon conviction of attempting to elude a police vehicle, is expected to be amended to include similar provisions. It is scheduled for executive action in the Public Safety and Emergency Management Committee on Tuesday, January 30.