AWC Legislative Bulletin - Volume 31, No. 3
January 25, 2008  (Plain Text Version)

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In this issue:
What You Need to Know Now
From the Direcotor – Legislature Focuses on Major Issues: Climate Change and Transportation
Hearings of Interest During 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 & Officers

Law & Justice

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

These bills would substantially expand the scope of liability in wrongful injury or death causes of action by expanding the number of people who may file a cause of action in a wrongful death, and the damages for which they could seek redress. Under both bills, the scope of damages that could have been recovered would be expanded to include non-economic damages. Non-economic damages would be recoverable by the personal representative on behalf of the estate for loss of enjoyment of life and shortened life expectancy, in addition to emotional distress and pain and suffering on behalf of the victim.

ESHB 1873 would expand liability by including a wrongful injury or death cause of action for parents for children under 26, parents dependent on the child for support, and parents of children with developmental disabilities regardless of their age. SB 6696 would expand the scope of claimants to include parents of adult children, regardless of age, if they had substantial involvement in the decedent’s life, and to the insurance policy beneficiary, regardless of the relationship.

AWC will testify regarding ESHB 1873’s fiscal impact, which the AWC Risk Management Services Agency estimated to be an additional $2 million per claim. It is scheduled to be heard in the House Judiciary Committee on Friday, February 1, at 8 am. We have signed on and distributed to legislators a joint letter with nine other local government organizations in opposition to this bill and its expanded scope of liability.

Enhancing Penalties for Eluding Police (ESHB 1030)

ESHB 1030, sponsored by Rep. Dean Takko (D-Longview), passed the full House on a unanimous vote and has been referred to the Senate Judiciary committee. This bill is supported by AWC, and creates a new felony crime of attempting to elude a pursuing police vehicle in the first degree. Eluding is divided into first and second degree, with eluding in the first degree is a class B felony, and eluding in the second degree is class C felony. This is a substantial enhancement in the penalties for these crimes.

Assisting local governments with payment for extraordinary offender medical costs (SB 6788)

Introduced by Senator Karen Keiser (D-Kent), SB 6788 provides $3 million to cities and counties for the costs of providing catastrophic care for offenders. The bill allows cities and counties to apply for reimbursement of medical costs in excess of $10,000 per inmate per year.

Changing Provisions Affecting Municipal Courts (PSSB 5353)

A proposed substitute to legislation AWC opposed last session SSB 5353 will be heard in the Senate Judiciary Committee on Wednesday, January 30, at 3:30 pm.

Last year’s substitute bill would have required all part-time judges to be appointed using a nominating commission and to be subject to an election, clarified the ability of cities to contract with one another for municipal court services, and expanded the subject matter jurisdiction of all municipal courts to require hearing all domestic violence and other protection orders. The original version of last year’s bill would have required all judges to be elected.

We have not yet seen the language for the proposed substitute, but would oppose any requirement requiring part-time judges to be elected or any requirement to require all courts, regardless of their location or their hours of operation, to hear all domestic violence and other orders of protection. The issue of city contracting authority has been resolved by the State Supreme Court in Primm v. Medina, so that is not expected to be included in the draft.

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

SB 6608, which includes the gang task force recommendations, will be heard in the Senate Judiciary Committee on Wednesday, January 30, at 3:30 pm. The task force legislation includes:

  • A proposed criminal street gang definition for use by state and local law enforcement in Washington State;
  • $1 million for a grant program for cities and counties for graffiti abatement;
  • $2 million for a grant program for local law enforcement agencies to support special enforcement emphasis targeting gang crime;
  • The creation of a statewide gang criminal intelligence database;
  • New and enhanced penalties and sentencing for certain gang-related offenses;
  • Authorization for a civil anti-gang injunction;
  • Creation of a civil cause of action for victims of graffiti caused by an offender who is convicted of malicious mischief for the property damage;
  • Five pilot projects in the FY 2009-11 biennium to provide programs for preventing, intervening, and suppressing gang-related violence. Cities and local law enforcement would be represented on the task force to set up the program.

Thank you to Yakima Police Chief Sam Granato and City Manager Dick Zais for testifying in support of the House companion bill, HB 2712, earlier this week.

Limiting Liability for Offenders under Community Supervision (SB 6401)

This bill provides some additional liability protections by providing that state, local governments, and their agencies, officers, and employees, shall not be held liable to third parties for the actions of certain released offenders being supervised in the community. It will be heard in the Senate Human Services & Corrections Committee on Tuesday, January 29, at 1:30 pm.

Establishing a CBRNE Response Program (HB 2790)

HB 2790 would create a program to respond to chemical, biological, radioactive, nuclear, or explosive incidences in the Washington State Patrol. HB 2790 is scheduled for a hearing in the House Committee on Public Safety and Emergency Preparedness on Monday, January 28, at 1:30 pm.