1804-S AMH

1804-S AMH .... H5174.1

SHB 1804 - H AMD 1005

By Representative

Strike everything after the enacting clause and insert the following:

"PART 1‑-EMPLOYMENT LAW

NEW SECTION. Sec. 101. A new section is added to chapter 4.24 RCW to read as follows:

An employer who discloses information about a former or current employee's job performance, conduct, or other work-related information to a prospective employer, is presumed to be acting in good faith and is immune from civil liability for such disclosure or its consequences. For purposes of this section, the presumption of good faith may only be rebutted upon a showing by clear and convincing evidence that the information disclosed by the employer was knowingly false or deliberately misleading.

NEW SECTION. Sec. 102. Section 101 of this act applies only to employers making disclosures after the effective date of this act.

PART 2‑-TORT JUDGMENT INTEREST RATE

Sec. 201. RCW 4.56.115 and 1983 c 147 s 2 are each amended to read as follows:

Judgments founded on the tortious conduct of the state of Washington or of the political subdivisions, municipal corporations, and quasi municipal corporations of the state, whether acting in their governmental or proprietary capacities, shall bear interest from the date of entry at two percentage points above the ((~~maximum rate permitted under RCW 19.52.020 on~~)) equivalent coupon issue yield (as published by the board of governors of the federal reserve system) of the average bill rate for twenty-six week treasury bills as determined at the first bill market auction conducted during the calendar month immediately preceding the date of entry thereof((~~: PROVIDED, That~~)). In any case where a court is directed on review to enter judgment on a verdict or in any case where a judgment entered on a verdict is wholly or partly affirmed on review, interest on the judgment or on that portion of the judgment affirmed shall date back to and shall accrue from the date the verdict was rendered.

Sec. 202. RCW 4.56.110 and 1989 c 360 s 19 are each amended to read as follows:

Interest on judgments shall accrue as follows:

(1) Judgments founded on written contracts, providing for the payment of interest until paid at a specified rate, shall bear interest at the rate specified in the contracts: PROVIDED, That said interest rate is set forth in the judgment.

(2) All judgments for unpaid child support that have accrued under a superior court order or an order entered under the administrative procedure act shall bear interest at the rate of twelve percent.

(3) Except as provided under subsections (1) and (2) of this section, judgments shall bear interest from the date of entry at two percentage points above the ((~~maximum rate permitted under RCW 19.52.020 on~~)) equivalent coupon issue yield (as published by the board of governors of the federal reserve system) of the average bill rate for twenty-six week treasury bills as determined at the first bill market auction conducted during the calendar month immediately preceding the date of entry thereof((~~: PROVIDED, That~~)). In any case where a court is directed on review to enter judgment on a verdict or in any case where a judgment entered on a verdict is wholly or partly affirmed on review, interest on the judgment or on that portion of the judgment affirmed shall date back to and shall accrue from the date the verdict was rendered.

NEW SECTION. Sec. 203. Sections 201 and 202 of this act apply only to judgments entered after the effective date of this act.

PART 3‑-CERTIFICATE OF MERIT

NEW SECTION. Sec. 301. A new section is added to chapter 4.24 RCW to read as follows:

(1) The claimant's attorney shall file the certificate specified in subsection (2) of this section within ninety days of filing or service, whichever occurs later, of any action for damages arising out of: The negligence of a person licensed, registered, or certified under Title 18 RCW or a health care facility as defined in RCW 48.43.005; or a product liability claim under chapter 7.72 RCW. The court may, for good cause shown, extend the period of time within which filing of the certificate is required.

(2) The certificate issued by the claimant's attorney shall declare:

(a) That the attorney has reviewed the facts of the case;

(b) That the attorney has consulted with at least one qualified expert who the attorney reasonably believes is knowledgeable in the relevant issues involved in the particular action and who:

(i) Holds a license, certificate, or registration issued by this state or another state in the same profession as that of the defendant and who practices in the same specialty or subspecialty as the defendant; or

(ii) Has expertise in those areas requiring expert testimony in a product liability claim or in an action against a health care facility;

(d) That the expert is willing and available to testify to admissible facts or opinions; and

(e) That the attorney has concluded on the basis of such review and consultation that there is reasonable and meritorious cause for the filing of such action.

(3) Where a certificate is required under this section, and where there are multiple defendants, the certificate or certificates must state the attorney's conclusion that on the basis of review and expert consultation, there is reasonable and meritorious cause for the filing of such action as to each defendant.

(4) The provisions of this section shall not be applicable to a pro se plaintiff until such a time as an attorney appears on the plaintiff's behalf.

(5) Violation of this section shall be grounds for either dismissal of the case or sanctions against the attorney, or both, as the court deems appropriate.

NEW SECTION. Sec. 302. Section 301 of this act applies to all actions for damages filed on or after July 1, 1998.

PART 4--SEVERABILITY

NEW SECTION. Sec. 401. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected."

Correct the title.