1873-S3.E AMS BRAN GORR 331

E3SHB 1873 - S AMD 279

   By    Senators Brandland and Hargrove

ADOPTED 3/06/2008

   On page 2, after line 7, insert the following:

"In any action under subsections (1)(a) or (b) of this section against the state or a political subdivision thereof, the liability of the state or political subdivision shall be several and not joint."

   On page 4, after line 21, insert the following:

"(5) In any action under subsections (2)(a) or (b) of this section against the state or a political subdivision thereof, the liability of the state or political subdivision shall be several and not joint."

   On page 5, after line 26, insert the following:

"In any action under this section against the state or a political subdivision thereof, where the claim is based on subsection (5)(b) of this section, the liability of the state or political subdivision shall be several and not joint."

   On page 5, after line 26, insert the following:

"Sec. 5. RCW 4.22.030 and 1986 c 305 s 402 are each amended to read as follows:

   Except as otherwise provided in RCW 4.22.070, 4.20.020, 4.20.060, and 4.24.010, if more than one person is liable to a claimant on an indivisible claim for the same injury, death or harm, the liability of such persons shall be joint and several."

Renumber the sections consecutively and correct internal references accordingly.

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EFFECT: Joint and several liability does not apply to additional claims made against state and local agencies under the act.