H-0425.1          _______________________________________________

                                  HOUSE BILL 1044

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State of Washington              54th Legislature             1995 Regular Session

By Representatives Hickel, Delvin, Smith, Crouse, Padden, Dyer, Costa, Schoesler, Johnson, Thompson, Beeksma, Radcliff, Cairnes, Mastin, Carrell, Chappell, Foreman, Fuhrman, Campbell, Morris and Casada

Prefiled 1/6/95.  Read first time 01/09/95.  Referred to Committee on Law and Justice.

Providing of payment of attorneys' fees, costs, and expenses in actions against governmental units.

     AN ACT Relating to attorneys' fees, costs, and expenses awarded against state and other units of government; adding a new section to chapter 4.84 RCW; and creating new sections.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  The legislature finds the public interest is served by encouraging private citizens to defend their rights and pursue their legal remedies in the courts of this state.  The legislature further finds that it is in the public interest for governmental entities to respect citizen rights and entitlements and to facilitate lawful procedures whereby the rights and entitlements may be protected.  The legislature further finds that litigation expenses incurred by private citizens, even for the pursuit of just claims against the government or the defense of lawful interests against improper governmental intrusion, unjustly burden the citizens and chill the citizens' access to an appropriate legal remedy.  The legislature finds discriminatory public funding of governmental litigation expenses in actions determined to violate the legal rights and entitlements of private citizens defeats justice and encourages government abuse.  The legislature therefore declares encouragement and facilitation of citizen participation in legal proceedings where a governmental entity is an adverse party is desirable.

NEW SECTION. Sec. 2.  A new section is added to chapter 4.84 RCW to read as follows:

     In all actions, including appeals, in which the state of Washington, a political subdivision, or a municipal corporation, or any department or agent of the state, political subdivision, or municipal corporation is a party, if the nongovernmental party prevails, the governmental party shall pay the nongovernmental party's reasonable attorneys' fees, costs, and other expenses of litigation.

NEW SECTION. Sec. 3.  This act applies to all actions pending on or commenced after January 1, 1995.

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