League opposes HB355 public-nuisance expansion and notes competing liability bills
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Summary
Deputy directors and legal staff told the LPC that HB355 would broaden private and public-nuisance claims against governments and recommended opposition; League staff also summarized HB79 (restoring EMS immunity, retroactive to 1985) and GRAMA changes that add one-page supplements and clerk duties.
League staff warned members that a package of liability and records bills could materially change municipal exposure and administrative burdens.
"This bill essentially deems any unsheltered homelessness public nuisance," Molly Wheeler, deputy director of the League, said of House Bill 355, which she described as enabling private individuals to bring civil actions against government entities for permits, maintenance or the presence of unsheltered people on public property. "It allows both private nuisance and public nuisance... so this is a really big deal," Wheeler said, and the League recommended opposing the bill while negotiating language.
At the same time, the League supports House Bill 79, which staff said would restore governmental immunity for emergency medical services after a recent state Supreme Court decision. "The substitute 1 makes it retroactive back to 1985," Jared Tingay said, adding the League's support for the restoration of immunity for EMS.
Records access changes also drew scrutiny: Tingay summarized GRAMA amendments that extend response timelines, narrow the definition of "reasonable specificity," and require a one-page supplement when municipal codes differ from GRAMA guidance. He said the proposals would also require clerks to assist requesters with specificity, creating new administrative duties.
Why it matters: HB355 could increase litigation risk for cities by creating repeated private claims under nuisance theories, while HB79 would roll back exposure in EMS cases. GRAMA changes could improve clarity but impose new posting and staffing requirements.
Next steps: The League will continue negotiations with sponsors and asked members to raise concrete local examples to inform amendments and defense strategies.
