SENATE BILL REPORT

SB 6322

As Reported By Senate Committee On:

Highways & Transportation, February 9, 2004

Title: An act relating to clarifying damages recoverable in highway accidents.

Brief Description: Clarifying damages recoverable in highway accidents.

Sponsors: Senators Oke and Haugen; by request of Department of Transportation.

Brief History:

Committee Activity: Highways & Transportation: 2/5/04, 2/9/04 [DPS].

SENATE COMMITTEE ON HIGHWAYS & TRANSPORTATION

Majority Report: That Substitute Senate Bill No. 6322 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Horn, Chair; Benton, Vice Chair; Swecker, Vice Chair; Esser, Haugen, Jacobsen, Kastama, Mulliken, Murray, Oke, Poulsen and Spanel.

Staff: Janice Baumgardt (786-7319)

Background: Any person operating a vehicle or moving an object on a public highway, and who causes damage to the highway because of illegal actions, negligence, or by exceeding the legal weight limits, is liable for the damages.

Summary of Substitute Bill: Recoverable damages is defined to include reasonable expenses incidental to repairing the damage or cleaning of the accident site, including engineering costs, contract costs, traffic control activities, and equipment rental.

Substitute Bill Compared to Original Bill: The word "reasonable" is added to describe the incidental expenses.

Appropriation: None.

Fiscal Note: Available.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Testimony For: This bill only clarifies the law; excessive time is spent explaining "damages". This will reduce expenses for the general public.

Testimony Against: "Reasonable" should be added to the language.

Testified: PRO: Bill Henselman, Washington State Department of Transportation. CONCERNS: Kenton Brine, Progressive Insurance CON: Basil Bradley, American Insurance Association.