HOUSE BILL REPORT

SSB 5336

BYSenate Committee on Law & Justice (originally sponsored by Senators Pullen, Sutherland, Newhouse, McCaslin, Talmadge, Thorsness, Nelson, Rasmussen, Benitz, Johnson, Lee, Vognild, Sellar, Metcalf, Bauer, Smith and West; by request of Governor and Attorney General)

Providing civil immunity for persons making reports to government officials.

House Committe on Judiciary

Majority Report:  Do pass with amendments.  (14)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Dellwo, Hargrove, Inslee, P. King, Moyer, H. Myers, Patrick, Schmidt, D. Sommers and Tate.

House Staff:Regina Jones (786-7191)

AS REPORTED BY COMMITTEE ON JUDICIARY MARCH 7, 1989

BACKGROUND:

Pending litigation has given rise to concern regarding 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 Washington law.

SUMMARY:

BILL AS AMENDED:  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.

AMENDED BILL COMPARED TO SUBSTITUTE:  The party bringing an action is entitled to attorneys' fees and costs from the agency defending the suit if the agency fails to establish the immunity defense.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    None Presented.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    None Presented.

House Committee - Testimony Against:      None Presented.