S-0322.1

SENATE BILL 5144

BySenator Gildon

AN ACT Relating to providing oversight of state agency tortious conduct through legislative hearings; adding a new section to chapter 4.92 RCW; and creating a new section.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

This act requires legislative hearings on tort payouts exceeding $1,000,000. It is the intent of this act that such hearings will provide an opportunity for legislative review of the agency's actions, including an examination of what changes could be made to prevent such harm in the future.

NEW SECTION.  Sec. 2. A new section is added to chapter 4.92 RCW to read as follows:

Whenever a payment of $1,000,000 or more is made from the liability account under RCW 4.92.130 for a settlement or judgment for the tortious conduct of the state's officers, employees, or volunteers, the appropriate policy and fiscal committees of the senate and house of representatives shall, within 12 months of the payment, conduct a joint hearing for the purposes of:

(1) Receiving a report from the attorney general, the office of risk management, and the agency on which behalf the payment was made. The report shall describe the factual events and legal context that resulted in the payment; and

(2) Considering potential modifications to state practices and policies to prevent or reduce future state liability for tortious conduct.

The information presented at the hearing shall be consistent with the protections afforded by the attorney/client privilege and the confidentiality of attorney work product.

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