S-3835               _______________________________________________

                                                   SENATE BILL NO. 6323

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Senator Gaspard

Read first time 1/10/90 and referred to Committee on  Law & Justice.

AN ACT Relating to wrongful death; and amending RCW 4.20.046, 43.20B.415, and 43.20B.445.

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

        Sec. 1.  Section 1, chapter 137, Laws of 1961 and RCW 4.20.046 are each amended to read as follows:

          (1) All causes of action by a person or persons against another person or persons shall survive to the personal representatives of the former and against the personal representatives of the latter, whether such actions arise on contract or otherwise, and whether or not such actions would have survived at the common law or prior to the date of enactment of this section:  PROVIDED, HOWEVER, That no personal representative shall be entitled to recover damages for pain and suffering, anxiety, emotional distress, or humiliation personal to and suffered by a deceased.  However, in any action brought under this section to recover damages for a death caused by the wrongful act, neglect, or default of another, the personal representative shall be entitled to recover damages for loss of the person's life or life's enjoyment, or both.  The liability of property of a husband and wife held by them as community property to execution in satisfaction of a claim enforceable against such property so held shall not be affected by the death of either or both spouses; and a cause of action shall remain an asset as though both claiming spouses continued to live despite the death of either or both claiming spouses.

          (2) Where death or an injury to person or property, resulting from a wrongful act, neglect or default, occurs simultaneously with or after the death of a person who would have been liable therefor if his death had not occurred simultaneously with such death or injury or had not intervened between the wrongful act, neglect or default and the resulting death or injury, an action to recover damages for such death or injury may be maintained against the personal representative of such person.

        Sec. 2.  Section 2, chapter 141, Laws of 1967 as amended by section 2, chapter 118, Laws of 1971 ex. sess. and RCW 43.20B.415 are each amended to read as follows:

          The estates of all mentally or physically deficient persons who have been admitted to the state residential ((schools listed in RCW 72.33.030)) habilitation centers either by application of their parents or guardian or by commitment of court, or who may hereafter be admitted or committed to such institutions, shall be liable for their per capita costs of care, support and treatment:  ((PROVIDED, That the estate funds may not be reduced as a result of such liability below an amount as set forth in RCW 72.33.180)) Provided, That estate funds attributable to recovery on any claim against the state of Washington, the state residential habilitation centers, or their employees or agents, whether by way of judgment, settlement, or otherwise, may not be reduced as a result of the liability imposed by RCW 43.20B.410 through 43.20B.455.

        Sec. 3.  Section 9, chapter 141, Laws of 1967 as last amended by section 907, chapter 176, Laws of 1988 and RCW 43.20B.445 are each amended to read as follows:

          The provisions of RCW 43.20B.410 through 43.20B.455 shall not be construed to prohibit or prevent the department of social and health services from obtaining reimbursement from any person liable under RCW 43.20B.410 through 43.20B.455 for payment of the full amount of the accrued per capita cost from any property acquired by gift, devise or bequest subsequent to and regardless of the initial findings of responsibility under RCW 43.20B.430:  PROVIDED, That the estate of any resident of a residential habilitation center shall not be liable for such reimbursement subsequent to termination of services for that resident at the residential habilitation center:  PROVIDED FURTHER, That, subject to the proviso of RCW 43.20B.415, upon the death of any person while a resident in a residential habilitation center, the person's estate shall become liable to the same extent as the resident's liability on the date of death.