wa-law.org > bill > 2025-26 > SB 6239 > Original Bill
The legislature recognizes that while private entrepreneurs voluntarily choose the ambit of their activity and can thereby exert some control over their exposure to liability, state government does not have the same flexibility. In acting for the public good and in responding to public need, state government must provide a broad range of services and perform a broad range of functions throughout the entire state, regardless of how much exposure to liability may be involved. The legislature also recognizes that the state and its political subdivisions provide essential public services and functions and that unlimited liability could disrupt or make prohibitively expensive the provision of such essential public services and functions.
The legislature finds that its power to control and regulate the right of suit against it is plenary. The state may grant the right or refuse it as it chooses and when granted may annex such conditions thereto as it deems wise. Further, the state supreme court has consistently acknowledged this constitutional duty includes the power to establish conditions precedent before suit can be brought against the state, including the placement of reasonable procedural burdens that may be placed on tort claimants as long as such burdens are not substantial and do not constitute a real impediment to relief. The legislature therefore finds it necessary to protect the public treasury from increasing liability while providing a structured, fair process through arbitration for persons who seek compensation for injuries caused by government negligence.
Except as provided in subsection (3) of this section, all civil actions, except for appeals from municipal or district courts, which are at issue in the superior court in counties which have authorized arbitration, where the sole relief sought is a money judgment, and where no party asserts a claim in excess of $15,000, or if approved by the superior court of a county by two-thirds or greater vote of the judges thereof, up to $100,000, exclusive of interest and costs, are subject to civil arbitration.
If approved by majority vote of the superior court judges of a county which has authorized arbitration, all civil actions which are at issue in the superior court in which the sole relief sought is the establishment, termination, or modification of maintenance or child support payments are subject to mandatory arbitration. The arbitrability of any such action shall not be affected by the amount or number of payments involved.
All tort claims against the state or any of its subdivisions are subject to civil arbitration for any dollar amount prior to being scheduled for trial.
This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.