Western Region

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USE OF FORCE

In a special session, the Oregon Legislature passed, and Gov. Kate Brown signed into law legislation that overhauls statutes that govern the circumstances under which law enforcement can legally use force. These statutes — which had not been revised in over 40 years according to state Attorney General Ellen Rosenblum — establish the parameters under which an officer’s use of force can become excessive under state law, triggering a range of consequences up to and including criminal prosecution of the officer. HB 4301 aligns Oregon’s deadly force statutes with modern standards of policing by requiring that law enforcement only use deadly force against people who pose a genuine risk of causing death or serious physical injury, encourage consideration of de-escalation when possible and give a verbal warning before force is used.

SUPPORT FOR SMALL BUSINESSES

California Gov. Gavin Newsom signed three bills into law aimed at providing relief to small businesses during COVID-19. AB 1577 will allow small businesses to exclude paycheck protection program (PPP) loans from gross income for state taxes. SB1447 authorizes a $100 million hiring tax credit program for small businesses and SB 115, a budget trailer bill, accelerates $561 million in state bond funding for construction projects. The COVID-19 pandemic has presented significant challenges to small businesses and Small Business Majority survey data found that up to 44% of businesses are at risk of shutting down. In California, small businesses create two-thirds of new jobs and employ nearly half of all private sector employees. The state is home to 4.1 million small businesses representing 99.8% of all businesses in the state.

LIABILITY PROTECTION

The Idaho Legislature passed a bill providing schools and businesses some limited protection from lawsuits stemming from the coronavirus. HB 6 passed through the House and Senate and was signed by Gov. Brad Little. Under the bill, a person, school district, college or university would have immunity from civil liability for damages or injury resulting from exposure to the coronavirus, reports the Idaho Statesman. The bill also grants immunity to corporations, churches, cities and counties but does not extend the protection to Idaho public health districts, the state or federal government.

FISH AND WILDLIFE

Gov. Jay Inslee called for the Washington state Department of Fish and Wildlife to alter its rules for managing the state’s wolf population. The directive comes after the governor accepted the appeal from the Center for Biological Diversity that challenged the department’s decision to deny the center’s petition to amend current wolf management rules, which it claims fail to prioritize non-lethal management of endangered wolves. Inslee did not outline specific policies to include in the new rule, he asked the Department of Fish and Wildlife to include “clear and enforceable measures in its proposed rules that would end the need for annual lethal removal among other things.

HOSPITALITY INDUSTRY

Nevada Gov. Steve Sisolak signed a bill designed to extend protections to workers in the hospitality industry and includes measures for workers as well as liability shielding for businesses. This legislation requires businesses to enact a number of health-related regulations to afford greater worker protections in the hospitality industry. These include COVID-19 tests for workers returning to work, as well as a minimum of 10 days of paid leave for workers who have tested positive for the virus. In addition to these and more worker protections, the law expands immunity from COVID-19 related lawsuits to nearly all businesses, nonprofit organizations and government agencies. This immunity does not extend to entities that cause a COVID-19 transmission due to gross negligence, and to qualify, the businesses must adhere to key standards and meet health and safety requirements at the federal, state and local levels.

WILDFIRES RAGE ACROSS THE WEST

Unprecedented weather conditions, fast-moving heat and wind-fueled wildfires in multiple western states — including California, Oregon and Washington — have broken records in 2020 with 94 recorded large fires burning 4.6 million acres — a figure that continues to grow.

California Gov. Gavin Newsom signed a bill allowing inmate firefighters to have their records expunged, clearing the path for them to be eligible for firefighting jobs upon their release. The bill lets prisoners with appropriate training to petition the courts to dismiss their convictions after completing their sentences. This will make them eligible to receive EMT certification, which is a hiring requirement of municipal fire departments but something former inmates were previously prohibited by state law to pursue. Individuals convicted of violent felonies including murder, kidnapping and sex offenses, are excluded from this program and cannot apply to have their records cleared.

“Inmates who have stood on the frontlines, battling historic fires should not be denied the right to later become a professional firefighter,” Newsom said following his signing of AB 2147.

California has used inmate firefighters to battle wildfires for more than 80 years through its Conservation Camp Program, which aims to support state, local and federal government agencies as they respond to emergencies such as fires, floods and other natural or manmade disasters. There are approximately 3,100 inmates currently working at fire camps. About 2,200 of those are fire line-qualified inmates.

For more on CSG West, visit: capitolideas.csg.org and csgwest.org.