AWC Legislative Bulletin - Volume 32, No. 15
April 27, 2009
(Plain Text Version)
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In this issue:
Blistering session ends with some gains for cities
Governor may call special session
Local government leadership in Olympia
State 2009-11 budgets pass Legislature
Governor's action on 2009 bills
Energy & telecommunications
Environment & water
General local government
Infrastructure, transportation & economic development
Law & justice
Municipal finance
Personnel, pensions & labor relations
How to access funds from the Federal Recovery Act
Law & justice
Claims for damages against the state and local governments (ESHB 1553)
ESHB 1553, which mandates changes to way in which state and local governments address the 60-day notice statute for claims, passed the Legislature on April 24. Every local governmental entity will be required to change their process when this bill becomes law.
While the Senate had passed the bill on April 16, the House refused to concur in the amendments due to a drafting error, and the bill was sent to the Senate again for consideration on April 22. The House concurred in those amendments on April 24.
The final version of the bill requires use of a standard claim form, provides an additional five court days for the filing of a case after the expiration of the 60-day period, and establishes a "substantial compliance" standard that applies to both the content and process for filing a claim. In particular AWC opposed the substantial compliance provision because of concerns that this new standard will increase litigation as parties disagree over its meaning when it comes to the process.
All local governments will be required to adopt a new claim form once the Governor signs the bill, which must include elements prescribed in the bill including:
- the claimant's name, date of birth, and contact information;
- a description of the conduct and the circumstances that brought about the injury or damage;
- a description of the injury or damage;
- a statement of the time and place that the injury or damage occurred;
- a listing of the names of all persons involved and contact information, if known;
- a statement of the amount of damages claimed; and
- a statement of the actual residence of the claimant at the time of presenting the claim and at the time the claim arose.
Local governments may request additional information on their form, but cannot deny a claim based on failure to respond to those questions. The amount of damages stated on the claim form will not be admissible at trial. Under current practice, admissibility is left to the discretion of the judge.
Property crimes threshold (SB 6167)
SB 6167 passed the Senate on April 20 and the House on April 25. The final budget assumed savings to the Department of Corrections based on its passage, so the bill was “necessary to implement the budget.”
SB 6167 increases the threshold between misdemeanor and felony property crimes from the current level of $250 to $750, shifting additional caseload to municipal courts. It also changes the definition of "organized retail theft" to include an individual who commits two or more thefts within a 180 day period if the cumulative total of the thefts is greater than $750. These charges would be aggregated and filed as a felony in district court.
AWC did not oppose this increase to $750 because cities have been divided on the impact due to the current charging practices in counties. Due to concerns about the potential impact to municipal court caseloads, cities will be part of a task force created under the bill to study the impact of raising the threshold on court caseloads and the retail industry. AWC will be requesting city participating for this task force.
Correctional facility policies regarding medication management (SSB 5252)
SSB 5252, an AWC-endorsed bill, passed the Legislature on April 23. The bill was brought by the Washington Association of Sheriffs and Police Chiefs in response to discussions last year on the appropriate role for Board of Pharmacy regulation of administration of medication in correctional facilities. The bill continues current practice in jail operations by authorizing jail personnel to provide for the delivery and administration of medications for inmates in their custody, similar to current authority for group home personnel. The bill also gives the Department of Health oversight over jail practices in this area, and tasks WASPC with developing a model policy for jails to consider when training their own personnel to administer medication to inmates.
Funding enhanced 911 emergency communication systems (HB 2351)
No further action took place on HB 2351; ensuring adequate funding to support ongoing modernization of enhanced 911 services, by the full House before adjournment.
It was similar to 2SHB 2029 which died on the House floor on March 30, and would have sent a measure to the August ballot to ask voters to increase revenue to fund enhanced 911 emergency communication systems statewide by imposing a state excise tax of 25 cents and a county excise tax of 70 cent on switched access lines, radio access lines, and interconnected voice over internet protocol service lines.
Driving while license suspended & relicensing (SSB 5732)
The Senate concurred in the House version of this bill on April 22. SSB 5732 provides explicit authority for courts to voluntarily establish relicensing programs, creates a $100 fee that the court must impose to pay for the cost of the new program, and makes new reporting requirements subject to available funding. AWC is appreciative that the prime sponsor, Senator Adam Kline, was persuaded to make this bill voluntary because of the up-front costs to cities for creation of a new program.
Creating a spirit, beer, and wine nightclub license (SSB 5367)
The Senate concurred in House amendments on SSB 5367 on April 19, and the bill has moved on to the Governor for signature. It creates a new license for nightclubs and allows local governments to petition the Liquor Control Board to impose additional requirements on nightclub licenses because these establishments are generally the type that may require added law enforcement resources. The bill also increases the number of licenses that may be granted, while retaining an overall cap. Finally the bill clarifies that local governments still have 60 days to submit objections to an application for renewal.
Concerning criminal justice sentencing (SSB 6160)
This bill lowers the standard sentencing grid for certain felony offenses by 25 percent and addresses an issue raised by a 2005 Washington Supreme Court decision. The court ruled that the question of whether a standard range sentence is too lenient or whether allowing a current offense to go unpunished is too lenient is a factual determination that may not be made by the judge. Drafters were careful to ensure any sentence that was reduced below a year would continue to be served in prison, not jail. The bill is “necessary to implement the budget” but was not passed before adjournment. It is expected to be included in a special session.
Changing provisions regarding supervision of offenders (SSB 6162, ESSB 5288)
ESSB 5288 eliminates the Department of Corrections supervision for most offenders who are classified at a low or moderate risk to reoffend, with the exception of certain classes of offenders. Offenders including sex offenders, dangerously mentally ill offenders, offenders who have an indeterminate sentence and are subject to parole, offenders who received an alternative sentence, or offenders who are required to be supervised under the Interstate Compact, will continue to be supervised regardless of their risk to reoffend.
SSB 6162 corrects an oversight in ESSB 5288 and adds serious violent offenders, such as offenders convicted of murder in the first or second degree, homicide by abuse, rape in the first degree, and assault in the first degree, to the list of those offenders who must be supervised by the Department of Corrections regardless of the offender's risk to reoffend.
ESSB 5228 and SSB 6162 passed the Legislature on April 26.
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