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Council reviews several state bills on homelessness and policing and signals opposition to bills with broad enforcement or funding-withholding powers

2245012 · January 30, 2025
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Summary

City staff and the police chief briefed the Gig Harbor City Council on Jan. 30 about three state bills affecting homelessness responses and law-enforcement oversight and advised caution or opposition to measures that widen enforcement authority or allow state withholding of local funds.

City staff and the police chief briefed the Gig Harbor City Council on Jan. 30 about several pending state bills affecting homelessness policy and law enforcement oversight, and council signaled opposition to measures staff found problematic.

The police chief reviewed House Bill 11380, a proposed statewide restriction and regulatory framework concerning sitting, lying, sleeping or keeping warm/dry outdoors on public property. The chief said the bill uses the undefined standard of "objective reasonableness" repeatedly and that multiple jurisdictions and associations (including the Association of Washington Cities and county groups) have expressed concern because the ambiguity could generate litigation and hamper officers'ability to preserve public safety. The chief and staff emphasized that Gig Harbor will continue its local practice of connecting people to services and using law-enforcement tools when safety or property issues arise.

Staff then described House Bill 1195, which would require an administrative process for siting emergency shelters, transitional housing and permanent supportive housing and would authorize the Department of Commerce to facilitate disputes. Staff flagged a provision that would allow Commerce to issue a finding of noncompliance and, if a jurisdiction fails to act within 60 days, require the state treasurer to withhold a list of state-shared revenues (motor vehicle fuel tax, Transportation Improvement Account, local sales tax distributions, liquor tax receipts and others) until the ordinance is brought into compliance. Staff described this as a significant enforcement mechanism that would strip local funding streams and observed that the Department of Commerce historically serves as a partner rather than an enforcer.

The chief and staff also briefed council on Senate Bill 5066, which would clarify and broaden the attorney general's authority to investigate and bring suits against local law-enforcement agencies for systemic abuses. Staff said the bill's preamble and language are broad, allow the attorney general to act on matters "of state interest and public concern" without further guardrails, and include a mandate that the attorney general develop model accountability policies. The chief warned the council that such authority, if broadly construed, could be used in ways that undermine local control and generate liability or recruitment/retention challenges; the Washington Association of Sheriffs and Police Chiefs had placed this bill on its radar.

Council members and staff discussed next steps. Several council members asked for more information on bill language and legislative committee materials. Mayor Lee Rosenberg said staff would prepare a position for the council to consider; staff asked for council direction and said they would coordinate with county and regional partners. Council members indicated support for opposing HB11380 (on grounds of undefined "objective reasonableness"), HB1195 (concerns about Commerce powers and withholding critical state funds) and SB5066 (concerns about broad AG authority and practical impacts on local law enforcement). Staff said they would pursue coordinating a regional response and report back with recommended formal positions for council approval.