WSAC Legislative Bulletin - March 12, 2010

Encouraging the Need for Representation of Children in Dependency Matters (HB 2735)

HB 2735 requires the Department of Social and Health Services and the guardian ad litem to notify a child in a dependency who is age 12 years or older that the child has the right to request an attorney. It is important to note that although a child age 12 years or older has the right to request an attorney, they do not have the right to an attorney. Our concern is that this bill creates the expectation of additional access to legal representation without providing additional funding.

Limiting the use of restraints on pregnant women or youth (HB 2747)
The bill as signed by the President of the Senate prohibits restraints of any kind on any pregnant woman or youth in a correctional or detention facility while she is in labor, during childbirth, or in postpartum recovery. It does permit the use of restraints under extraordinary circumstances of any pregnant woman or youth in a correctional or detention facility during transportation to and from visits to medical providers and court proceedings during the third trimester of her pregnancy.

HB 2747 also provides that no civil liability may be imposed by any court on the county or its jail officers or employees under this act except upon proof of gross negligence.

Providing Education Programs for Juveniles in Adult Jails (SB 6702/HB 3029)
SB 6702 was OSPI request legislation that arose from a settled lawsuit involving Juveniles incarcerated in the Pierce County Jail. The bill as introduced was extremely problematic and would have likely resulted in significant costs to counties. WSAC's preference was to not have a bill; however, staff close to Senate Leadership indicated that there was a strong desire to pass something this year. Given that, WSAC staff and staff from the Washington Association of Sheriffs and Police Chiefs worked with the prime sponsor, Sen. Kline, to draft amendments that accommodated the varying challenges we face in our county jails. Rep. Dammeier was instrumental as well in helping to mitigate any potential fiscal implications. Although this bill is far from perfect, hopefully it is flexible enough to avoid significant costs to counties.

Stating the Policy that Law Enforcement Personnel be Truthful and Honest in the Conduct of Official Business (SSB 6590)

SB 6590 bill creates a new public policy which states that all commissioned, appointed, and elected law enforcement personnel be truthful and honest in the conduct of their official duties. Quite frankly, I think a lot of people thought this was already the policy. However, the State Supreme Court did not hold that opinion. In fact, SB 6590 is a direct response to the Washington State Supreme Court case, Kitsap County Deputy Sheriff's Guild v. Kitsap County, 167 Wn. 2d 428 (2009). In this case, the court reviewed Washington law and found that there was no explicit, well defined, and dominate public policy requiring termination of an officer found to have been untruthful.

Bills that Did Not Pass the Legislature

Wrongful Injury or Death (SB 6508)
SB 6508 would have substantially expanded 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 case, and the damages for which they could seek redress.

In addition, the scope of damages that could be 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.

Wrongful Death was one of the most contentious issues involving counties this session. At the heart of the debate was the question whether or not to limit joint liability for state and local government. Passionate, well-reasoned arguments were made on both sides of the issue. The version of the bill that passed the Senate limited liability to the public agencies' proportion of fault. The House version did not include any limitation of liability. In the end, there were enough Senate Democrats that joined the Senate Republicans to insist on limiting the taxpayers' financial responsibly that the Senate position prevailed. There apparently was not a desire on behalf of the proponents to accept the Senate position; therefore, the bill did not pass. It is possible that this bill may be included in the list of items to address during the special session