HOUSE BILL REPORT

HB 2142

As Amended by the Senate

BYRepresentatives Hargrove, Jones and Van Luven 

Authorizing cities and towns to reimburse litigation expenses to reimburse prevailing parties in a lawsuit where the city or town is a party.

House Committe on Local Government

Majority Report:  Do pass.  (13)

      Signed by Representatives Haugen, Chair; Cooper, Vice Chair; Ferguson, Ranking Republican Member; Horn, Nealey, Nutley, Phillips, Raiter, Rayburn, Todd, Wolfe, Wood and Zellinsky.

House Staff:Steve Lundin (786-7127)

AS PASSED HOUSE MARCH 15, 1989

BACKGROUND:

Cities and towns are authorized to sue and be sued.

SUMMARY:

The legislative authority of any city or town that has had a judgment entered against it is granted the discretionary authority to reimburse the prevailing party or parties for their attorneys' fees and related court costs of not to exceed $25,000.

This act expires on September 1, 1989.

EFFECT OF SENATE AMENDMENTS:

(1)  The expiration date on the original section is deleted.

(2)  The legislative authority of a city or town may authorize the city or town to pay the defense of the officer or employee when an action for damages is brought against the officer or employee arising from the officer's or employee's or omissions while performing or in good faith purporting to perform his or her official duties.  The city or town may pay any monetary damages in a judgment against the officer or employee.

(3)  The city or town's legislative authority may authorize the city to pay the necessary expenses defending an elective city or town officer in the lawsuit on the sufficiency of recall charges against the officer.  Such costs include costs associated with an appeal of the decision of the superior court on such a matter.

Fiscal Note:      Not Requested.

Effective Date:This act expires on September 1, 1989.

House Committee ‑ Testified For:    None Presented.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Ocean Shores issued an illegal building permit and a person relied upon this to build his house.  Neighbors sued and the person had to move his house.  This person sued the city and won, with the city having to pay for the costs of moving the house.  The city can't award him attorney fees without permission.  The city is asking for the permission.  This is not mandatory and is for a short duration.

House Committee - Testimony Against:      None Presented.

VOTE ON FINAL PASSAGE:

      Yeas 98