H-2145              _______________________________________________

                                          SUBSTITUTE HOUSE BILL NO. 1889

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By House Committee on Judiciary (originally sponsored by Representatives Appelwick, Sayan, Locke and Brekke)

Read first time 3/1/89.

AN ACT Relating to public employee immunity; amending RCW 4.92.070; adding a new section to chapter 4.24 RCW; adding a new section to chapter 4.92 RCW; and repealing RCW 4.92.060 and 10.01.150.

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

        Sec. 1.  Section 2, chapter 79, Laws of 1921 as last amended by section 6, chapter 126, Laws of 1986 and RCW 4.92.070 are each amended to read as follows:

(1) If ((the attorney general shall find that said)) a civil action or proceeding for damages is instituted against a state officer, employee, or volunteer(('s)) arising from good faith acts or omissions ((were, or purported to be in good faith,)) within the scope of that person's official duties, ((said request shall be granted, in which event)) or alleging a violation of 42 U.S.C. Sec. 1981 or 1983, the necessary expenses of the defense of ((said)) the civil action or proceeding shall be paid from the appropriations made for the support of the department to which such officer, employee, or volunteer is attached.  Except as otherwise provided in this subsection, in such cases the attorney general shall appear and defend such officer, employee, or volunteer, who shall assist and cooperate in the defense of such suit.  The attorney general shall not appear and defend such officer, employee, or volunteer if the attorney general is representing the party that instituted the action.

(2) If a criminal action or proceeding is instituted against a state officer, employee, or volunteer arising from acts or omissions within the scope of that person's official duties and in conformity with established agency policies, the necessary expenses of the defense of the criminal action or proceeding shall be paid from the appropriations made for the support of the department to which such officer, employee, or volunteer is attached.  In such cases the attorney general shall appear and defend such officer, employee, or volunteer, who shall assist and cooperate in the defense of such action or proceeding.

NEW SECTION. Sec. 2.  A new section is added to chapter 4.92 RCW to read as follows:

          No executions shall issue against the state on any judgment.  When a state officer, employee, or volunteer has been represented by the attorney general pursuant to RCW 4.92.070, and the body presiding over the action or proceeding has found that the officer, employee, or volunteer was acting within the scope of his or her official duties, and a judgment has been entered against the officer, employee, or volunteer pursuant to chapter 4.92 RCW or 42 U.S.C. Sec. 1981 et seq., thereafter the judgment creditor shall seek satisfaction only from the state, and the judgment shall not become a lien upon any property of such officer, employee, or volunteer.

NEW SECTION. Sec. 3.  A new section is added to chapter 4.24 RCW to read as follows:

          (1) The state shall indemnify and hold harmless its employees in the amount of any judgment obtained or fine levied against an employee in any state or federal court, or in the amount of the settlement of a claim, or shall pay the judgment, fine, or settlement, if the act or omission that gave rise to the civil or criminal liability occurred while the employee was acting within the scope of his or her public employment or duties.

          (2) For purposes of this section "state employee" means a member of the civil service or an exempt person under chapter 41.06 RCW, or higher education personnel under chapter 28B.16 RCW.

NEW SECTION. Sec. 4.  The following acts or parts of acts are each repealed:

                   (1) Section 1, chapter 79, Laws of 1921, section 1, chapter 40, Laws of 1975, section 1, chapter 126, Laws of 1975 1st ex. sess., section 1, chapter 217, Laws of 1985, section 5, chapter 126, Laws of 1986 and RCW 4.92.060; and

          (2) Section 1, chapter 144, Laws of 1975 1st ex. sess. and RCW 10.01.150.