Where do city liability bills stand at the mid-session cutoff?

Here we review a few of the liability related bills that have (so far) made it past the mid-session cutoffs. Wednesday, March 8, is the “House of Origin” cutoff, where most House bills must be voted out of the House and most Senate bills voted out of the Senate and sent to the opposite chamber to remain “alive” for the remainder of session. While some bills are still pending, here we review some of the bills that have made it so far.

Bills that have passed their house of origin

Anti-doxing: HB 1335 creates a new civil action against “doxing,” or publishing a person's personal identifying information when the publication was made without permission, was intended to harm or there was reckless disregard for the person identified, and the person identified suffered some harm. It passed out of the House on February 27 on a 79-16 vote.

Labor law violations: SB 5110 establishes default penalties of $500 to $1,000 – plus attorney fees, injunctive relief, and actual damages – for violations of certain prohibited labor practices that otherwise don’t already have criminal or civil penalties provided for. It passed out of the Senate on February 15 on a 28-21 vote.

Pending bills

Union-employee privilege: HB 1187 creates a new legal privilege between union members and their unions, similar to attorney-client privilege. Some employers are concerned that it could interfere with their ability to manage and supervise their staff and defend themselves in court. AWC asked that the bill be narrowed and address implications with the Public Records Act (PRA), and the bill has been amended in committee to address our PRA concerns.

Police liability & qualified immunity: HB 1025 eliminates qualified immunity for law enforcement and creates a civil cause of action against police and police departments for conduct that violates the state constitution or certain state laws. Police departments would also be liable for negligent hiring or retention of problem officers. AWC opposes this bill.

AGO police investigations: HB 1445 authorizes the Attorney General’s Office to investigate and bring actions against law enforcement and corrections agencies for violations of the state Constitution or state law. It also requires the AGO to publish model policies in consultations with various agencies and entities. AWC opposes this bill. We have suggested amendments to address our concerns about the broad authority granted in the proposal.

Police dog liability: HB 1635 grants civil suit immunity to local governments for use of police dogs to detect fentanyl if the dog was trained according to CJTC standards, the dog was handled by a law enforcement officer in the scope of their employment, and damages were not due to gross negligence or willful or wanton misconduct. AWC supports this bill.

Protecting police: SB 5299 enhances penalties for assaulting on and off-duty police officers and requires law enforcement agencies to report incidents where officers are physically harmed in performance of their duties. An early version of the bill created a civil action for “doxing” a police officer.

Dead bills (due to earlier cutoffs)

Prejudgment interest: SB 5059 would have imposed prejudgment interest on tort claims up to the date of the plaintiff’s injury. It failed to pass out of Senate Ways & Means. You can read more here. AWC opposed this bill.