S-1767               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 5650

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senate Committee on Law & Justice (originally sponsored by Senators Pullen, Anderson and McCaslin)

Read first time 2/24/89.

AN ACT Relating to attorneys' fees, costs, and expenses awarded against the state; adding a new section to chapter 4.84 RCW; creating new sections; and declaring an emergency.

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

NEW SECTION. Sec. 1.     The legislature finds that it is in the interests of the state of Washington to encourage citizens or private entities to pursue the legal rights and remedies available to them and, accordingly, to seek justice by resorting to the courts of this state.  The legislature further finds that the state of Washington has virtually unlimited resources to pursue and defend its position in litigation with citizens and private entities of the state, and that the great power and influence of the state creates a chilling effect which discourages the pursuit or defense of legal rights.  The legislature therefore declares that encouragement and facilitation of the rights of citizens to participate in civil legal proceedings in which the state is a party is desirable.

NEW SECTION. Sec. 2.  A new section is added to chapter 4.84 RCW to read as follows:

          In all civil actions not involving death or personal injury, including appeals, in which the state of Washington is one of the parties, the state shall be liable for payment of reasonable attorneys' fees, costs, and expenses to the prevailing party when the state is not the prevailing party, unless the court finds that special circumstances make an award unjust.  If special circumstances are found, the court in its discretion may deny or reduce the award of attorneys' fees, costs, and expenses.

NEW SECTION. Sec. 3.     This act shall apply to all actions, including appeals, commenced after or pending on January 1, 1989.

NEW SECTION. Sec. 4.     This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.