wa-law.org > bill > 2025-26 > SB 6239 > Second Substitute
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 the right to sue the government is not considered a privilege or immunity requiring heightened scrutiny analysis by the courts. The right to pursue a government tort liability claim in court is not a fundamental right of state citizenship. Article II, section 26 of our state Constitution gives the legislature the sole authority to decide in what manner, and in what courts, suits may be brought against the state, rather than it being a fundamental right provided by the state Constitution itself, so long as it conforms to the equal protection guarantees of the state and federal constitutions. A distinction based on the age of claims serves a legitimate state interest in that it rationally relates to the purpose of the statute, to address old cases and provide all claimants justice by encouraging negotiation and fair settlement, and providing a fair but streamlined resolution that is less expensive and more efficient for all parties involved.
The legislature further finds that its power to control and regulate the right of suit against the state 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.
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.
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All tort claims against the state or against the state's officers, employees, or volunteers pursuant to RCW 4.92.100, or local governmental entities or their officers, employees, or volunteers pursuant to RCW 4.96.010 are subject to civil arbitration for any dollar amount prior to being scheduled for trial where:
The claimant was an adult when the act or pattern of acts alleged to have caused the injury or condition occurred, and 10 or more years have passed since that act or pattern of acts; or
The claimant was a minor when the act or pattern of acts alleged to have caused the injury or condition occurred, and 10 or more years have passed since the claimant became an adult.
Except as provided in (a) of this subsection, all tort claims against the state or against the state's officers, employees, or volunteers pursuant to RCW 4.92.100, or local governmental entities or their officers, employees, or volunteers pursuant to RCW 4.96.010 may be subject to arbitration for any dollar amount prior to being scheduled for trial upon agreement of the parties.
An arbitrator must receive training on being victim-centered and trauma-informed prior to arbitrating any claim under this subsection (3).
Except as provided in RCW 7.06.020(3), the state of Washington, whether acting in its governmental or proprietary capacity, shall be liable for damages arising out of its tortious conduct to the same extent as if it were a private person or corporation.
Except as provided in RCW 7.06.020(3), all local governmental entities, whether acting in a governmental or proprietary capacity, shall be liable for damages arising out of their tortious conduct, or the tortious conduct of their past or present officers, employees, or volunteers while performing or in good faith purporting to perform their official duties, to the same extent as if they were a private person or corporation. Filing a claim for damages within the time allowed by law shall be a condition precedent to the commencement of any action claiming damages. The laws specifying the content for such claims shall be liberally construed so that substantial compliance therewith will be deemed satisfactory.
Unless the context clearly requires otherwise, for the purposes of this chapter, "local governmental entity" means a county, city, town, special district, municipal corporation as defined in RCW 39.50.010, quasi-municipal corporation, any joint municipal utility services authority, any entity created by public agencies under RCW 39.34.030, or public hospital.
For the purposes of this chapter, "volunteer" is defined according to RCW 51.12.035.
The joint legislative audit and review committee must conduct a review of the arbitration requirement created under section 2, chapter . . ., Laws of 2026 (section 2 of this act). The review must include:
The number of lawsuits arbitrated pursuant to section 2 of this act;
The type of claims arbitrated, including but not limited to whether the injury is to a minor or an adult;
The number of lawsuits resolved at arbitration, and of those resolved at arbitration:
The median length of time from the date the lawsuit is filed to final resolution;
The median arbitration award and the average median attorney fee and cost award under chapter 49.60 RCW or other law;
The median total dollars spent by the reporting agency per lawsuit, including attorney fees and costs;
Total dollars spent by the reporting agency, including attorney fees, on all lawsuits resolved at arbitration; and
The number of lawsuits resolved by settlement;
The number of arbitration awards that are appealed, and of those that are appealed:
The median length of time from the date the lawsuit was filed to final resolution;
The number of lawsuits resolved before a trial judgment;
The median arbitration award and the median attorney fee and cost awarded under chapter 49.60 RCW or other law by the arbitrator;
The cases that are appealed from arbitration to superior court as a percentage of the total arbitration cases;
The number of requests for de novo review that were filed by plaintiff compared to the reporting agency;
The number of lawsuits tried to judgment, including the median judgment amount and attorney fees and cost award under chapter 49.60 RCW or other law;
The median total dollars spent by the reporting agency per lawsuit, including attorney fees;
Total dollars spent by the reporting agency, including attorney fees, on all lawsuits that were not resolved at arbitration; and
ix. The number of cases, as a percentage of the total, where the party appealing the arbitration award improved their award at trial judgment; and
The joint legislative audit and review committee must also conduct a review on the effectiveness of the following:
How the office of risk management and local government entities conduct an investigation of a presented claim during the 60 days prior to the filing of a lawsuit; and
How many special assistant attorneys general are appointed under contract by the attorney general's office to assist in tort liability cases, for five years prior to the effective date of this section, and for five years after the effective date of this section, and including:
The costs and fees of the special assistant attorneys general for each case; and
How the costs and fees of the special assistant attorneys general compare to the costs of assistant attorneys general who are employees of the attorney general's office assigned to tort liability cases.
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For tort claims against the state or against the state's officers, employees, or volunteers under RCW 4.92.100, the office of risk management shall provide the joint legislative audit and review committee with the information necessary to complete the review described in this section.
For tort claims against local governmental entities under RCW 4.96.010 and their officers, employees, or volunteers, those entities shall provide information necessary to complete the review in a standardized format and at intervals specified by the joint legislative audit and review committee.
The joint legislative audit and review committee shall report its findings and any recommendations to the appropriate committees of the legislature by December 31, 2032.
Whenever a payment of $5,000,000 or more is made from the liability account under RCW 4.92.130 for a settlement or judgment for the tortious conduct of the state's officers, employees, or volunteers, the appropriate policy and fiscal committees of the senate and house of representatives shall, within 12 months of the payment, conduct a joint hearing for the purposes of:
Receiving a report from the attorney general, the office of risk management, and the agency on which behalf the payment was made. The report shall describe the factual events and legal context that resulted in the payment; and
Considering potential modifications to state practices and policies to prevent or reduce future state liability for tortious conduct.
The information presented at the hearing shall be consistent with the protections afforded by the attorney/client privilege and the confidentiality of attorney work product.
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.