HOUSE BILL REPORT

SHB 1254

As Amended by the Senate

BYHouse Committee on Judiciary (originally sponsored by Representatives H. Myers, Beck, Morris, R. Meyers, G. Fisher, Peery, Winsley, Wang, May, Jones, P. King, R. Fisher, Sayan, O'Brien, Locke, Crane, Heavey, Inslee, Rector, Brough, Cooper and Brumsickle; by request of Governor Gardner and Attorney General)

Providing immunity from civil liability.

House Committe on Judiciary

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (15)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Dellwo, Inslee, P. King, R. Meyers, Moyer, H. Myers, Schmidt, Scott, Tate, Van Luven and Wineberry.

Minority Report:  Do not pass.  (3)

      Signed by Representatives Hargrove, Locke and Patrick.

House Staff:Regina Jones (786-7191)

AS PASSED HOUSE MARCH 2, 1989

BACKGROUND:

There exists concern regarding the civil liability of individuals who report violations of local, state, or federal law to governmental officials.  Under current law, state employees are protected from retaliatory action if they, in good faith, report other state employees' violations of state law or improper governmental actions.  No similar protection of individuals who make good faith reports of potential wrongdoing to appropriate governmental bodies presently exists under law.

SUMMARY:

A person who, in good faith, communicates a complaint or information to a federal, state or local governmental agency is immune from civil liability based on the communication. The communication must be a matter reasonably of concern to the agency.

Individuals who prevail with the immunity defense are entitled to recover costs and attorneys' fees incurred in establishing the defense.

The agency receiving the complaint or information is entitled to intervene in and defend against any suit precipitated by the communication.  If the agency intervenes in or defends against the suit and prevails, the agency is entitled to recover costs and attorneys' fees.  If the agency fails to establish the immunity defense, the party bringing the action is entitled to recover costs and attorneys' fees incurred in proving the defense invalid or inapplicable.  If a local governmental agency chooses not to intervene in and defend against a suit, the Office of the Attorney General may do so.

EFFECT OF SENATE AMENDMENTS:  The Senate amendment broadens the scope of civil immunity.  A person who makes a good faith communication to any governmental body of matters reasonably of concern to that body, is immune from civil liability arising from the communication of the information.  Immunity was previously limited to claims based upon the communication to the agency.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Representative Holly Myers, Prime Sponsor; Mike McCormick, Department of Community Development; Maureen Hart, Office of the Attorney General; Brenda Hill, Citizen.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Testimony was given regarding disclosure made to the Department of Revenue by Brenda Hill and the circumstances surrounding a subsequent defamation action filed against Mr. and Mrs. Hill.  This bill is prospective legislation to provide a defense of immunity for citizens who, in good faith, disclosure information to governmental agencies.

House Committee - Testimony Against:      None Presented.

VOTE ON FINAL PASSAGE:

      Yeas 96; Excused 2

Excused:    Representatives Bristow and Schoon