H-556                _______________________________________________

                                                    HOUSE BILL NO. 880

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Dellwo, Bristow, McMullen, Wang, P. King, Heavey, Appelwick, Niemi and Wineberry

Read first time 2/13/87 and referred to Committee on Judiciary.

AN ACT Relating to negligence; and amending RCW 5.40.050.

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

        Sec. 1.  Section 901, chapter 305, Laws of 1986 and RCW 5.40.050 are each amended to read as follows:

          A breach of a duty imposed by ((statute, ordinance, or)) an administrative rule shall not be considered negligence per se, but may be considered by the trier of fact as evidence of negligence; however, any breach of duty as provided by ((statute, ordinance, or)) an administrative rule relating to electrical fire safety, the use of smoke alarms, or ((driving while under the influence of intoxicating liquor or any drug,)) the operation of a motor vehicle shall be considered negligence per se.