S-4659               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 6365

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Senate Committee on Law and Justice (originally sponsored by Senators Pullen, Rasmussen, Anderson, Owen, McCaslin, Talmadge and Vognild)

Read first time 2/3/88.

AN ACT Relating to attorneys' fees, costs, and expenses awarded against the state and its political subdivisions; adding a new section to chapter 4.84 RCW; creating new sections; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     The legislature finds that it is in the interests of the state of Washington and its political subdivisions to encourage citizens or private entities to pursue the legal rights and remedies available to them and, accordingly, to seek justice by resorting to the courts of this state.  The legislature further finds that the state of Washington and its political subdivisions have virtually unlimited resources to pursue and defend their positions in litigation with citizens and private entities of the state, and that the great power and influence of the state and its political subdivisions creates a chilling effect which discourages the pursuit or defense of legal rights.  The legislature therefore declares that encouragement and facilitation of the rights of citizens to participate in civil legal proceedings in which the state or its political subdivisions are a party is desirable.

NEW SECTION. Sec. 2.  A new section is added to chapter 4.84 RCW to read as follows:

          In all civil actions not involving death or personal injury, including appeals, in which the state of Washington or a political subdivision is one of the parties, the state or political subdivision shall be liable for payment of reasonable attorneys' fees, costs, and expenses to the prevailing party when the state or political subdivision is not the prevailing party, unless the court finds that special circumstances make an award unjust.  If special circumstances are found, the court in its discretion may deny or reduce the award of attorneys' fees, costs, and expenses.

NEW SECTION. Sec. 3.     This act shall apply to all actions, including appeals, commenced after or pending on January 1, 1988.

NEW SECTION. Sec. 4.     This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.