BILL ANALYSIS

HB 1383

TITLE OF THE BILL:  Authorizing local government purchase of  liability insurance for law enforcement personnel.

WHAT THIS BILL DOES: Clarifies local government authorization to purchase liability insurance for law enforcement personnel.

SPONSORS:  Representatives Constantine and Delvin

HEARING DATE: Thursday, February 4, 1999

FISCAL NOTE:  Not requested.

ANALYSIS PREPARED BY: Caroleen Dineen (786-7156).

BACKGROUND:

Local governments are authorized by statute to purchase various types of insurance for their officials and employees.  For example, counties and cities may purchase group false arrest insurance for their law enforcement personnel and liability insurance to protect counties and cities and their officers or employees from liability arising from injury or damage to or by offenders performing community service.  Further, counties, cities and other local governments may purchase liability insurance to protect their officials and employees against liability claims arising from acts associated with the performance of their duties with certain limitations.

Local governments may also purchase liability insurance to protect and hold personally harmless their officials and employees from claims arising out of their employment or duties.  The governing board of a county, city, town, school district, port district, public utility district, sewer district, water district, irrigation district or other municipal corporation or political subdivision is authorized by statute to purchase liability insurance insuring any of its commissioners, council members, directors or other governing board members as well as its officers, employees and agents.  The decision to purchase this liability insurance is within the discretion of the governing boards.

SUMMARY:

The authorization for purchasing liability insurance is clarified to expressly include law enforcement personnel.  The governing board of a county, city, town, school district, port district, public utility district, sewer district, water district, irrigation district or other municipal corporation or political subdivision may purchase liability insurance insuring any of its commissioners, council members, directors or other governing board members as well as its officers, employees and agents, including but not limited to law enforcement personnel.