Published on Feb 21, 2022

Prejudgment interest, fireworks ban, and extreme weather—Where are they now?

Contact: Sharon Swanson, Jacob Ewing

With the house of origin cutoff now in our rearview mirror, let’s take stock of where things stand on a few bills of interest heard this session.

First up is HB 1620. The bill establishes a grant program in the state Emergency Management Department for local governments and federally recognized tribes to receive reimbursements for costs associated with providing relief to vulnerable populations during extreme weather events. These relief activities could include operating warming or cooling centers, purchasing food and water, and transporting people to shelters. HB 1620 is still alive and received a hearing last week in the Senate State Government & Elections Committee.

Next, let’s talk about HB 1638. This little bill would have allowed cities, after consulting with a local fire marshal or other fire official, to immediately prohibit the use of consumer fireworks during periods of high fire risk. This broader authority would have been welcomed as cities around the state grapple with the legality of temporarily banning fireworks and the long wait period for a banning ordinance to go into effect. The bill did make it out of committee, but never received a vote on the House floor.

The push to bring city elections in line with state elections also appears to be dead. HB 1727 would have overhauled the state election schedule by eliminating general elections held in odd-numbered years. While AWC had concerns about the bill due to crowded ballots, there were benefits as well for cities including increased voter participation and lower costs. The bill made it out of committee but never received a floor vote.

The Senate brought back SB 5116 from last year that would create new requirements for automated decision systems. Automated decision systems are software or other computer programs used by both public and private agencies to aid in the decision-making process. Public agencies may use such systems in courts to determine a defendant's risk of skipping bail, by law enforcement to decide where to set patrols, or even by human resource departments as they screen candidates for open positions. While the bill was scheduled for executive action, it never made it out of committee. We will continue to monitor this flawed bill to make certain local government interests are protected if the bill were to revive in some form.

Finally, there’s SB 5155 a prejudgment interest bill that could cost cities millions. The bill would allow interest on judgments for tortious conduct to begin accruing from the date on which a person suffers an injury or loss. This means interest would start to accrue before a claim was filed and before a party was made aware of the injury or loss. Thankfully, the Senate adopted an amendment that removes public agencies from being subject to the bill. However, the House will need to maintain that amendment through their committee and voting process. The bill received its first public hearing last week and is now scheduled for executive action on either February 22 or February 23.

 

Dates to remember


SB 5155 is scheduled for executive action in the House Civil Rights & Judiciary Committee on February 22 or February 23 at 10 am.

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