SENATE BILL REPORT

SB 6769

BYSenators Patrick, McCaslin and Hansen

Changing provisions relating to invalidated local laws.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 2, 1990

Senate Staff:Anita Neal (786-7418)

AS OF JANUARY 31, 1990

BACKGROUND:

State law does not require that members of a local legislative body and its chief administrative officer be held personally liable for actual or punitive damages if a local law that is invalidated by a court is amended and a subsequent court challenge of the amended law holds that sufficient changes to cure the defects in the invalidated law were not undertaken by the local legislative body.

SUMMARY:

Before passing or seeking to pass a revised version of a local law that was invalidated by judicial decision, the local legislative authority is required to make sufficient changes that are reasonably calculated to cure the defects in the law.

The revised law shall not be presumed valid in any legal action challenging its validity.  The local legislative authority must show that a good faith effort was made to incorporate sufficient changes to cure the defects in the invalid law.  If the court does not find that such an effort was made, each member of the legislative authority who voted for the revised law and the chief administrative officer who failed to veto the revised law, shall be personally liable for actual damages, costs and attorneys' fees.  In addition, a civil fine of $10,000 or less shall be imposed on each member and the chief administrative officer. 

Appropriation:  none

Revenue:   none

Fiscal Note:    none requested