S-0244.2  _______________________________________________

                         SENATE BILL 5324

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Senators Haugen, Rasmussen, Shin, Prentice, Winsley, Costa, Finkbeiner, Franklin, Stevens, Jacobsen and Honeyford

Read first time 01/20/1999.  Referred to Committee on Judiciary.

Characterizing legal actions against past or present legislators arising from the exercise of legislative power as "frivolous" for purposes of reimbursement of expenses.

    AN ACT Relating to expenses for frivolous legal actions; and amending RCW 4.84.185.

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

    Sec. 1.  RCW 4.84.185 and 1991 c 70 s 1 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, in any civil action, the court having jurisdiction may, upon written findings by the judge that the action, counterclaim, cross-claim, third party claim, or defense was frivolous and advanced without reasonable cause, require the nonprevailing party to pay the prevailing party the reasonable expenses, including fees of attorneys, incurred in opposing such action, counterclaim, cross-claim, third party claim, or defense.  This determination shall be made upon motion by the prevailing party after a voluntary or involuntary order of dismissal, order on summary judgment, final judgment after trial, or other final order terminating the action as to the prevailing party.  The judge shall consider all evidence presented at the time of the motion to determine whether the position of the nonprevailing party was frivolous and advanced without reasonable cause.  In no event may such motion be filed more than thirty days after entry of the order.

(2) In any action against any past or present state legislator arising from an act or omission made in the exercise of legislative power, the court having jurisdiction shall find that the action, counterclaim, cross-claim, third party claim, or defense was frivolous and advanced without reasonable cause, and require the nonprevailing party to pay the prevailing party the reasonable expenses, including fees of attorneys, incurred in opposing such action, counterclaim, cross-claim, third party claim, or defense.  This determination shall be made upon motion by the prevailing party after a voluntary or involuntary order of dismissal, order on summary judgment, final judgment after trial, or other final order terminating the action as to the prevailing party.  In no event may such motion be filed more than thirty days after entry of the order.

(3) The provisions of this section apply unless otherwise specifically provided by statute.

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