Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Transportation Committee

HB 1433

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Brief Description: Addressing liability for damages to state property resulting from the illegal operation of a vehicle.

Sponsors: Representatives Liias, Sells, Eddy and Clibborn; by request of Department of Transportation.

Brief Summary of Bill

  • Adds other state property to the list of items for which the Washington State Department of Transportation can recover for damages caused by the illegal or negligent operation of a vehicle or movement of any object or conveyance.

Hearing Date: 1/27/09

Staff: David Munnecke (786-7315)

Background:

A person operating a vehicle or moving an object or conveyance on a public highway in an illegal or negligent manner is liable for any damage to a public highway, bridge, or elevated structure that results. When the operator of the vehicle is not the owner of the vehicle, object, or conveyance, the owner and operator are jointly and severally liable for any such damage. The measure of damage determined by the Washington State Department of Transportation (WSDOT) is presumed to be the amount recoverable in any civil action brought under the section.

Summary of Bill:

All other state property is added to public highways, bridges, and elevated structures in the context of items for which the WSDOT can seek to recover for damages caused by the operation of a vehicle or the movement of an object or conveyance in an illegal or negligent manner on a public highway.

Appropriation: None.

Fiscal Note: Requested on 1/22/2009.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.