S-1902.1          _______________________________________________

 

                            SUBSTITUTE SENATE BILL 5721

                  _______________________________________________

 

State of Washington              52nd Legislature             1991 Regular Session

 

By Senate Committee on Transportation (originally sponsored by Senators McDonald, Vognild and Patterson; by request of Department of Transportation and Department of General Administration).

 

Read first time March 6, 1991.Limiting the liability of state and local governments.


     AN ACT Relating to state and local government; adding new sections to chapter 4.24 RCW; and adding a new section to chapter 43.10 RCW.

 

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

 

     NEW SECTION.  Sec. 1.  The legislature intends to reduce the escalating cost of civil tort claims while still ensuring that the public interest and safety are being served.

     The legislature specifically recognizes that state and local governments cannot economically and feasibly update all highways, roads, streets, bridges, and other public facilities to meet current design and signage requirements.  Sections 2 and 3 of this act will enable state and local governments to meet the transportation and occupancy needs of our public facilities in a systematic and cost-effective manner without facing the threat and expense of costly litigation.  However, it will not relieve government agencies, from meeting their public obligations to maintain safe roadways and facilities, nor to respond to public notice of unsafe conditions.

 

     NEW SECTION.  Sec. 2.  No public agency or employee may be civilly liable for damages caused by, or related to, the planning and design for construction, improvement, traffic control devices, or signing of a highway, road, street, bridge, or other public facility, if the plan or design is prepared in substantial conformance with the engineering or design standards in effect at the time and approved for construction by the agency responsible for the facility.  This section does not apply to damages caused by a defect in the highway, road, street, bridge, or other public facility if (1) deficient maintenance is the principal cause of the accident and (2) the public agency had actual notice of the defect and failed to respond within a reasonable time period.

 

     NEW SECTION.  Sec. 3.  The definitions in this section shall apply throughout this chapter.

     (1) "Public agency" means all public offices and agencies of the state and political subdivisions, including directors, officers, employees, agents, independent contractors or consultants, and volunteers acting in an official capacity.

     (2) "Public facility" includes state highways, city and county streets and roads, buildings owned by the state or its political subdivisions, bridges, off-highway and primitive roads, public use facilities, enterprise operations, infrastructures, and marine/aircraft facilities.

 

     NEW SECTION.  Sec. 4.  A new section is added to chapter 43.10 RCW to read as follows:

     The attorney general shall by February 1st of each year, provide to the legislature, the governor, and the office of risk management a comprehensive summary of all cases involving tort claims against the state of Washington which were concluded and closed in the previous calendar year.  The report shall include for each case closed:

     (1) A summary of the factual background of the case;

     (2) Identification of the attorneys representing the state and the opposing parties;

     (3) A synopsis of the legal theories asserted and the defenses presented;

     (4) Whether the case was tried, settled, or dismissed, and in whose favor;

     (5) The amount of any settlement or verdict reached, and the terms for payment;

     (6) A summary of all settlement offers made by the parties where a verdict was returned;

     (7) The approximate number of attorney hours expended by the state on the case, together with the corresponding dollar amount billed therefore; and

     (8) Such other matters relating to the case as the attorney general deems relevant or appropriate, especially including any comments or recommendations for changes in statute law or agency practice that might effectively reduce the exposure of the state to such tort claims.

 

     NEW SECTION.  Sec. 5.  Sections 1 through 3 of this act are each added to chapter 4.24 RCW.