5634-S AMH .... Z0938.2

SSB 5634 - H AMD 000326 ADOPTED 4-8-93

By Representative Anderson

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.  It is the intent of the legislature to reduce the number of time-consuming and costly lawsuits between state agencies by establishing alternative dispute resolution processes available to any agency.

NEW SECTION. Sec. 2.  A new section is added to chapter 43.17 RCW to read as follows:

    For purposes of sections 2 through 4 of this act, "state agency" means:

    (1) Any agency for which the executive officer is listed in RCW 42.17.2401; and

    (2) The office of the secretary of state; the office of the state treasurer; the office of the state auditor; the department of natural resources; the office of the insurance commissioner; and the office of the superintendent of public instruction.

NEW SECTION. Sec. 3.  A new section is added to chapter 43.17 RCW to read as follows:

    Whenever a dispute arises between state agencies, agencies shall employ every effort to resolve the dispute themselves without resorting to litigation.  These efforts shall involve alternative dispute resolution methods.  If a dispute cannot be resolved by the agencies involved, any one of the disputing agencies may request the governor to assist in the resolution of the dispute.  The governor shall employ whatever dispute resolution methods that the governor deems appropriate in resolving the dispute.  Such methods may include, but are not limited to, the appointment by the governor of a mediator, acceptable to the disputing agencies, to assist in the resolution of the dispute.  The governor may also request assistance from the attorney general to advise the mediator and the disputing agencies.

NEW SECTION. Sec. 4.  A new section is added to chapter 43.17 RCW to read as follows:

    Sections 2 and 3 of this act shall not apply to any state agency that is a party to a lawsuit, which:  (1) Impleads another state agency into the lawsuit when necessary for the administration of justice; or (2) files a notice of appeal, petitions for review, or makes other filings subject to time limits, in order to preserve legal rights and remedies."

SSB 5634 - H AMD

By Representative

    On page 1, line 1 of the title, after "agencies;" strike the remainder of the title and insert "adding new sections to chapter 43.17 RCW; and creating a new section."

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