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Judiciary panel advances SB 462, narrows public nuisance claims and preserves attorney general authority
Summary
The committee amended and advanced SB 462, narrowing categories of actions excluded from public nuisance claims, removing a governor sign-off requirement for the attorney general, and clarifying accrual rules for recurring nuisances; the amendment and the bill passed out of committee unanimously.
Senate Judiciary Committee Chair introduced Senate Bill 462, which would limit certain public nuisance claims and adjust when the statute of limitations begins for recurring nuisances. The reviser summarized that the bill also requires the attorney general to file nuisance actions that cross political subdivisions and requires a showing of special injury for private citizens to bring public nuisance suits.
The chair presented an amendment negotiated with the bill’s proponents and the attorney general’s office that strikes several enumerated categories from being treated as public nuisances, removes language making the attorney general the sole state official who may file such claims, and eliminates a proposed requirement that the attorney general obtain the governor’s sign-off before filing (chair; reviser). "We are striking the downstream post sale misuse or disposal...and the provision that the attorney general get sign off from the governor before filing a public nuisance action," the reviser explained.
Senator Bowser said she viewed the changes as positive and would support SB 462. The committee voted to adopt the amendment (moved by the chair; seconded by Senator Rose) and then voted to recommend SB 462 favorably out of committee as amended (motion by Senator Bowser; second by Senator Rose). The votes carried with members responding "aye." The committee did not record any opposition during the floor votes in committee.
The committee did not take further substantive debate after adoption of the amendment. The bill will move to the full Senate with the committee's favorable recommendation.
