HOUSE BILL REPORT

 

 

                               EHB 590

 

 

BYRepresentatives Doty, Haugen, McLean, Cooper, Nealey, Brough, Rayburn, Kremen, Brooks, Betrozoff, Lewis, C. Smith, Winsley and May

 

 

Establishing immunity from civil liability for elected and appointed local government officials.

 

 

House Committe on Local Government

 

Majority Report:     Do pass.  (13)

     Signed by Representatives Haugen, Chair; Cooper, Vice Chair; Beck, Bumgarner, Ferguson, Hine, Madsen, Nealey, Nelson, Nutley, Rayburn, L. Smith and Zellinsky.

 

     House Staff:Steve Lundin (786-7127)

 

 

                    AS PASSED HOUSE MARCH 18, 1987

 

BACKGROUND:

 

Elected officials of special purpose districts are immune from civil liability for damage arising from action performed within the scope of their official duties or employment if their tortious actions did not benefit themselves, but liability shall remain on the special purpose districts for the tortious conduct of their officials to the extent otherwise authorized.

 

Appointed officials of special districts are not granted similar immunity, nor are elected or appointed officials of counties, cities, or towns.

 

SUMMARY:

 

Appointed officials of special purpose districts are afforded the same immunity from civil liability for damages arising from actions performed within the scope of their official duties that is granted to elected officials of special purpose districts.

 

EFFECT OF SENATE AMENDMENT(S)The county coroner, or county medical examiner, is immune from civil liability for determining the cause and manner of death.  The accuracy of the determination is subject to judicial review.

 

Fiscal Note:    Not Requested.

 

House Committee ‑ Testified For:     None Presented.

 

House Committee - Testified Against: None Presented.

 

House Committee - Testimony For:     Mosquito district, library district and weed district governing body members, who are appointed and not elected, should have the same protection as the elected officials of special districts.

 

House Committee - Testimony Against: None Presented.

 

VOTE ON FINAL PASSAGE:

 

     Yeas 98; Nays 0; Absent 0; Excused 0