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SUBSTITUTE HOUSE BILL NO. 1889
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AS AMENDED BY THE SENATE
C 413 L 89 PV
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 ((acts or omissions were, or purported
to be in good faith,)) from acts or omissions in good faith and
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. 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.
(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:
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 was in good faith and occurred while the employee was acting within the scope of his or her employment or duties and the employee is being represented in accordance with RCW 4.92.070.
(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.