H-4211.1  _______________________________________________

                    SUBSTITUTE HOUSE BILL 2699

          _______________________________________________

State of Washington      57th Legislature     2002 Regular Session

By House Committee on Judiciary (originally sponsored by Representatives Lantz, Ahern, Benson, Crouse, Morell, Miloscia, Schindler, Dunshee and Esser)

Read first time 02/07/2002.  Referred to Committee on .

Providing immunity for communications with government agencies and self-regulatory organizations.

    AN ACT Relating to communications with government branches or agencies and self-regulatory organizations; and amending RCW 4.24.510.

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

    Sec. 1.  RCW 4.24.510 and 1999 c 54 s 1 are each amended to read as follows:

    A person who in good faith communicates a complaint or information to any branch or agency of federal, state, or local government, or to any self-regulatory organization that regulates persons involved in the securities or futures business and that has been delegated authority by a federal, state, or local government agency and is subject to oversight by the delegating agency, is immune from civil liability for claims based upon the communication to the agency or organization regarding any matter reasonably of concern to that agency or organization.  The party who brings a cause of action against a person for a communication that falls under this section has the burden of proving that the communication was not made in good faith by showing that the communication was made with knowledge that it is false or with reckless disregard for its truth.  A person prevailing upon the defense provided for in this section ((shall be)) is entitled to recover costs, other reasonable expenses, and reasonable attorneys' fees incurred in establishing the defense.

                            --- END ---