Senate Bills 10 and 128

Senate Local Government Committee

Wednesday, January 25, 2017

10:30 a.m.
Room 8E-A, East Wing, Main Capitol


Senate Bill 10 (Reschenthaler) – SummaryDefines “municipality of refuge” and holds municipalities accountable for not enforcing Federal or State laws as they relate to immigration.

  • Amendment A00015 (Wagner) – Makes municipalities of refuge ineligible for any State grant – not just those for law enforcement.
  • Amendment A00016 (Hughes) – Creates a new exception to sovereign immunity in instances in which an individual is improperly detained pursuant to an ICE request and in compliance with the requirements of the underlying bill.
  • Amendment A00017 (Hughes) – Requires the Commonwealth to reimburse municipalities for the full cost of any civil judgement imposed against the municipality for its compliance with the underlying bill. 
  • Amendment A00018 (Hughes) – Creates a new exception to governmental immunity for instances in which an individual is improperly stopped, searched, or detained as a result of racial profiling. 
  • Amendment A00024 (Blake) – Preserves a municipality’s immunity from liability in the case of a violation of the underlying bill. 
  • Amendment A00026 (Blake) – In violating the underlying bill, a municipality would only be held liable if:
  1. Injury or property damage was caused by an individual in custody of municipality’s law enforcement.
  2. Individual was released from custody despite an ICE request.
  3. Injury or damage was caused within 24 hours of release of individual.

Also, limits recoverable damages associated with these exceptions to $1,000.

Senate Bill 128 (Eichelberger) – SummaryPrevents municipalities from enacting employer leave and compensation mandates that are not required by Federal or State law.

  • Amendment A00034 (Eichelberger) – Amends the retroactive date from January 1, 2016 to January 1, 2015.
  • Amendment A00029 (Hughes)
    • Requires all employers to provide paid sick leave.
    • Sick leave will be earned at a rate of one hour per every 30 hours.
    • An employee may not use sick days until after the 90th day of employment.
    • Employees may carry over up to 10 days annually of unused sick time.
    • Employers are not required to pay out unused time when an employee leaves; however, if an employee returns to employment within 1 year, the employer must reinstate the leave.
    • Each employer must provide each employee with written notice of the leave policy.
    • Employees can file complaints for violations with the Department of Labor and Industry and employers may be fined up to $5,000.
    • A civil action for violations can be brought by the Secretary of L&I, the Attorney General or the employee.