S-3887.1  _______________________________________________

                         SENATE BILL 6218

          _______________________________________________

State of Washington      54th Legislature     1996 Regular Session

By Senators Hargrove, Long and Kohl

Read first time 01/09/96.  Referred to Committee on Human Services & Corrections.

Authorizing the attorney general to defend members of community public health and safety networks.

    AN ACT Relating to the protection of community public health and safety network members; and amending RCW 4.92.060, 4.92.070, and 4.92.075.

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

    Sec. 1.  RCW 4.92.060 and 1989 c 403 s 2 are each amended to read as follows:

    Whenever an action or proceeding for damages shall be instituted against any state officer, including state elected officials, employee, volunteer, member of a community public health and safety network under chapter 70.190 RCW, or foster parent licensed in accordance with chapter 74.15 RCW, arising from acts or omissions while performing, or in good faith purporting to perform, official duties, or, in the case of a foster parent, arising from the good faith provision of foster care services, such officer, employee, volunteer, network member, or foster parent may request the attorney general to authorize the defense of ((said)) the action or proceeding at the expense of the state.

    Sec. 2.  RCW 4.92.070 and 1989 c 403 s 3 are each amended to read as follows:

    If the attorney general shall find that ((said)) the officer, employee, member of a community public health and safety network under chapter 70.190 RCW, or volunteer's acts or omissions were, or were purported to be in good faith, within the scope of that person's official duties, or, in the case of a foster parent, that the occurrence arose from the good faith provision of foster care services, ((said)) the request shall be granted, in which event the necessary expenses of the defense of ((said)) the action or proceeding shall be paid from the appropriations made for the support of the department to which such officer, employee, volunteer, network member, or foster parent is attached.  In such cases the attorney general shall appear and defend such officer, employee, volunteer, network member, or foster parent, who shall assist and cooperate in the defense of such suit.  However, the attorney general may not represent or provide private representation for a foster parent in an action or proceeding brought by the department of social and health services against that foster parent.

    Sec. 3.  RCW 4.92.075 and 1989 c 413 s 2 are each amended to read as follows:

    When a state officer, employee, ((or)) volunteer, or member of a community public health and safety network under chapter 70.190 RCW has been represented by the attorney general pursuant to RCW 4.92.070, and the body presiding over the action or proceeding has found that the officer, employee, ((or)) volunteer, or network member was acting within the scope of his or her official duties, and a judgment has been entered against the officer, employee, or volunteer pursuant to chapter 4.92 RCW or 42 U.S.C. Sec. 1981 et seq., or network member, thereafter the judgment creditor shall seek satisfaction only from the state, and the judgment shall not become a lien upon any property of such officer, employee, ((or)) volunteer, or network member.

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