General government bills were far ranging in topic and outcome, from advisory votes to adult entertainment

General government bills in the 2023 legislative session covered a variety of issues, including the “Washington Voting Rights Act 2.0,” advisory votes, extreme weather grants, and adult entertainment.

While AWC fully supports voting rights and ensuring appropriate representation in all levels of government, AWC expressed concerns with portions of HB 1048, the so-called “Washington Voting Rights Act 2.0” due to the increase in liability exposure for cities. The bill, signed by Governor Inslee, amends the Washington Voting Rights Act (WVRA) to make it easier for a plaintiff to bring suit in court:

• HB 1048 allows a person or organization to be awarded up to $50,000 for costs incurred prior to submitting their notice of intent to file a lawsuit against a local government alleging polarized voting if they prevail. The political subdivision must reimburse costs within 60 days.
• Even if an individual or organization does not prevail, the bill still allows the court to award reasonable costs for work prior to filing a claim, with no cap on those costs.
• The bill grants standing to organizations with at least one voter who resides in the political subdivision. Cohesive coalitions of members of different protected classes are also protected by the WVRA under this bill and may file notices or claims together.
• It also gives standing to tribes located at least partially in the political subdivision and allows for an increase in the number of county commissioners as a remedy to a violation of the WVRA based on tribal status claims.

AWC voiced concerns throughout session about the potential fiscal impact on cities related to the potentially unlimited recovery of costs in cases where a group does not prevail and requested an amendment to apply the $50,000 cap on work conducted prior to filing a claim where a plaintiff doesn’t prevail but can demonstrate that they had an impact on the jurisdictions behavior and voting practices. We also requested an amendment to better define a non-prevailing plaintiff. The legislature did not add any of AWC’s recommended amendments that were intended to address liability concerns in the bill that passed. The new WVRA will be in effect January 1, 2024. Cities should work with their legal counsel to prepare for these changes.

Another bill related to elections that passed is SB 5082 which abolishes statewide advisory votes. Advisory votes were established in 2008 with the enactment of Initiative 960. The results are nonbinding, but the idea was to allow voters to advise the legislature whether to repeal or maintain a tax increase. Instead of advisory votes, SB 5082 requires the state Office of Financial Management (OFM) to create a website each year by August 15 with fiscal information related to the most recent legislative session. Voters’ pamphlets will contain information about the OFM website.

Another bill that passed is HB 1234. HB 1234 allows seizure and forfeiture of abused or neglected animals in certain circumstances and will help prevent situations where an animal is seized and then cannot be prepared for adoption because there is a legal entanglement about ownership.

One bill that did not pass but is likely to return next year is whether to allow liquor licenses for adult entertainment establishments and how best to ensure protections for patrons and employees of these businesses. SB 5614 would have made several changes to the adult entertainment industry, including additional trainings and security requirements, allowing liquor to be served, and prohibiting state and local governments from adopting certain restrictions related to adult entertainers. AWC spoke to the bill during a legislative work session, expressing our support for safe workplaces, that if liquor is to be served that existing liquor license laws be adhered to, and that existing zoning authority be maintained. The bill did not pass, but we anticipate this issue will return in 2024.

Another recurring topic is whether to allow cities to switch to even-year elections. SB 5723 did not make it out of the Senate, but we will not be surprised if this issue comes back sometime in the future.

A couple concerning bills impacting city liability costs saw action early, but ultimately did not make it through session. One of the bills was HB 1025, which would have greatly increased city liability for alleged police misconduct by eliminating qualified immunity and allowing a private right of action against police and police departments. Another bill, SB 5059, would have allowed interest on tort claims to start accruing from the time the plaintiff’s injury occurred (as opposed to after a final judgment in court), which in some cases could be years before a city is made aware of the claim. Neither bill survived the mid-session cutoffs but could come back next year. AWC opposed both bills along with other local governments.

Lastly, AWC supported HB 1012 which would have established a grant program for local government expenses related to extreme weather events. This could include emergency warming/cooling centers, measures taken related to poor air quality from wildfire smoke, and generally taking care of the vulnerable in extreme weather situations. AWC will continue to support state funding for cities to do the work necessary to protect and care for our residents.