6428-S.E AMH CARR ADAM 46

ESSB 6428 - H AMD Failed March 7, 2002 0452

By Representative Carrell

     On page 1, line 13, after "testify" insert "except under limited circumstances"

     On page 1, line 15, after "proceedings" insert "except under limited circumstances"

     On page 3, line 10, after "(2)" insert "(a) The final report of a loss prevention review team is admissible in a civil or administrative  proceeding if: (i) The proceeding is instituted after the issuance of the final report of the loss prevention review team, (ii) the proceeding involves a cause of action that accrued at least twelve months after the issuance of the final report, and (iii) the proceeding involves the same or similar circumstances involved in the accident or loss that led to the appointment of the loss prevention review team.

     (b)"

     On page 3, line 21, strike "No" and insert "(a) Except as provided in (b) of this subsection, no"

     On page 3, line 22, strike "(a)" and insert "(i)"

     On page 3, line 23, strike "(b)" and insert "(ii)"

     On page 3, line 23, strike "(c)" and insert "(iii)"

     On page 3, line 26, strike "(d)" and insert "(iv)"

     On page 3, after line 29, insert:

     "(b)  A member of a loss prevention review team may be examined in a civil or administrative proceeding as to any information relating to the work of the loss prevention review team or the incident under review if: (i) The proceeding is instituted after the issuance of the final report of the loss prevention review team, (ii) the proceeding involves a cause of action that accrued at least twelve months after the issuance of the final report, and (iii) the proceeding involves the same or similar circumstances involved in the accident or loss that led to the appointment of the loss prevention review team."

     On page 3, line 30, after "(4)" insert "(a)"

     On page 3, line 36, after "However," insert "except as provided in (b) of this subsection,"

     On page 4, after line 4, insert the following:

     "(b) A person who has been interviewed by or has provided a statement to a loss prevention review team may be examined in a civil or administrative proceeding regarding that person's interactions with the loss prevention review team if: (i) The proceeding is instituted after the issuance of the final report of the loss prevention review team, (ii) the proceeding involves a cause of action that accrued at least twelve months after the issuance of the final report, and (iii) the proceeding involves the same or similar circumstances involved in the accident or loss that led to the appointment of the loss prevention review team."

     On page 4, line 7, after "proceeding," insert "except under the same circumstances for which a final report is admissible under subsection (2)(a) of this section, and"

EFFECT:  Provides that the final report of a loss prevention review team and documents prepared by or for a review team are admissible in a civil or administrative proceeding if: (a) the proceeding is instituted after the issuance of the final report, (b) the proceeding involves a cause of action that accrued at least twelve months after the issuance of the final report, and (c) the proceeding involves the same or similar circumstances involved in the accident or loss that led to the appointment of the review team.  A member of a review team and a person who was interviewed by or provided statements to a review team may be examined in a proceeding under these same circumstances.