_______________________________________________
SUBSTITUTE
SENATE BILL 5634
_______________________________________________
AS
AMENDED BY THE HOUSE
Passed
Legislature - 1993 Regular Session
State
of Washington 53rd Legislature 1993
Regular Session
By
Read
first time 02/26/93.
Requiring state agencies to submit interagency disputes to mediation
before filing lawsuits.
AN ACT Relating to disputes between state
agencies; adding new sections to chapter 43.17 RCW; and creating a new section.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. It
is the intent of the legislature to reduce the number of time-consuming and
costly lawsuits between state agencies by establishing alternative dispute
resolution processes available to any agency.
NEW SECTION. Sec. 2. A
new section is added to chapter 43.17 RCW to read as follows:
For purposes of sections 2 through 4 of this
act, "state agency" means:
(1) Any agency for which the executive officer
is listed in RCW 42.17.2401(1); and
(2) The office of the secretary of state; the
office of the state treasurer; the office of the state auditor; the department
of natural resources; the office of the insurance commissioner; and the office
of the superintendent of public instruction.
NEW SECTION. Sec. 3. A
new section is added to chapter 43.17 RCW to read as follows:
Whenever a dispute arises between state
agencies, agencies shall employ every effort to resolve the dispute themselves
without resorting to litigation. These efforts shall involve alternative
dispute resolution methods. If a dispute cannot be resolved by the agencies
involved, any one of the disputing agencies may request the governor to assist
in the resolution of the dispute. The governor shall employ whatever dispute
resolution methods that the governor deems appropriate in resolving the
dispute. Such methods may include, but are not limited to, the appointment by
the governor of a mediator, acceptable to the disputing agencies, to assist in
the resolution of the dispute. The governor may also request assistance from
the attorney general to advise the mediator and the disputing agencies.
NEW SECTION. Sec. 4. A
new section is added to chapter 43.17 RCW to read as follows:
Sections 2 and 3 of this act shall not apply to
any state agency that is a party to a lawsuit, which: (1) Impleads another
state agency into the lawsuit when necessary for the administration of justice;
or (2) files a notice of appeal, petitions for review, or makes other filings
subject to time limits, in order to preserve legal rights and remedies.
