6508-S.E AMS HARG SWAN 010

ESSB 6508 - S AMD 152

By Senators Hargrove and Brandland

ADOPTED 2/15/2010

           In section 1 of the bill insert the following new subsection (3):

    " (3) In any action under subsection (1)(a) of this section against the state or a political subdivision thereof that is based on a parent's significant involvement in an adult child's life, the liability of the state or political subdivision shall be several and not joint."

    In section 3 of the bill insert the following new subsection (5):

    "(5) In any action under subsection (2)(a) of this section against the state or a political subdivision thereof that is based on a parent's significant involvement in an adult child's life, the liability of the state or political subdivision shall be several and not joint."

    In section 4 of the bill insert the following new subsection (6):

    ”(6) In any action under subsection (1) of this section against the state or a political subdivision thereof that is based on a parent's significant involvement in a child's life, the liability of the state or political subdivision shall be several and not joint."

    After section 7 of the bill, insert a new section 8 as follows:

    "Sec. 8. RCW 4.22.030 and 1986 c 305 s 402 are each amended to read as follows:

    Except as otherwise provided in RCW 4.22.070, 4.20.020, 4.20.060, and 4.24.010,  if more than one person is liable to a claimant on an indivisible claim for the same injury, death or harm, the liability of such person shall be joint and several."

    Renumber the sections consecutively and correct any internal references accordingly.

 152By Senators Hargrove and BrandlandADOPTED 2/15/2010

ESSB 6508 -  152

By Senators Hargrove and Brandland

ADOPTED 2/15/2010

     Strike the title and insert the following:

    ”AN ACT relating to wrongful death or survival actions by changing the class of persons entitled to recoveries and by limiting the liability of state and local agencies or political subdivisions in those recoveries; amending 4.20.020, 4.20.046, 4.20.060, 4.22.030, and 4.24.010; creating new sections; and providing effective date."

EFFECT:  Joint and several liability does not apply to additional claims made against state and local agencies under the act.  Liability is limited to the public agencies' proportion of fault. The title is amended.

ESSB 6508 - S AMD 152

By Senators Hargrove and Brandland

ADOPTED 2/15/2010

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