HOUSE BILL REPORT

SHB 1388

As Amended by the Senate

BYHouse Committee on State Government (originally sponsored by Representatives Cooper, D. Sommers, R. Fisher, Prince, Walk, Schmidt, Patrick, Heavey, Crane, R. Meyers, Day and Moyer)

Limiting the application of the good samaritan statute.

House Committe on State Government

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (10)

      Signed by Representatives R. Fisher, Chair; Anderson, Vice Chair; McLean, Ranking Republican Member; Hankins, R. King, Morris, O'Brien, Rector, Sayan and Silver.

House Staff:Barbara McLain (786-7135)

AS PASSED HOUSE MARCH 6, 1989

BACKGROUND:

In 1975, the Washington State Legislature enacted what is commonly called the Good Samaritan law.  This law generally provides that persons providing emergency care or transportation without compensation will not be liable for damages caused by negligent provision of such care or transportation, so long as they are not grossly negligent.  This is called the Good Samaritan defense.

Under this law, the Good Samaritan defense is not available to persons who provide emergency aid "during the course of regular employment".

SUMMARY:

A new class of persons would be able to claim the Good Samaritan defense.

This new class would be created by excluding from the definition of "compensation" amounts paid to a person (other than a health care provider) for his or her regular work, so long as the regular work does not routinely include the providing of emergency care or emergency transportation.

This new class would include those transit operators, store clerks, and members of similar occupational groups who, without gross negligence, provide emergency care or emergency transportation while on the job.

EFFECT OF SENATE AMENDMENTS:  The new class of persons able to claim the Good Samaritan defense is specifically limited to transit operators who provide emergency care or transport during their work day, but whose work does not routinely consist of providing emergency services.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Representative David Cooper, prime sponsor; and Steve Lindstrom, Washington State Transit Association.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    This bill will clarify the language of the Good Samaritan Law to ensure people are not dissuaded from rendering emergency care through fear of liability.

House Committee - Testimony Against:      None Presented.

VOTE ON FINAL PASSAGE:

      Yeas 95; Absent 2; Excused 1

Absent:     Representatives Crane and Jones

Excused:    Representative Appelwick