| Passed by the House March 1, 2011 Yeas 98 ________________________________________ Speaker of the House of Representatives Passed by the Senate April 5, 2011 Yeas 49 ________________________________________ President of the Senate | I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1719 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 02/17/11.
AN ACT Relating to limiting liability for unauthorized passengers in a vehicle; adding a new section to chapter 4.92 RCW; adding a new section to chapter 4.24 RCW; and creating new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature intends to overrule the
state supreme court's holding in Rahman v. State, No. 83428-8 (January
20, 2011), by modifying the application of the common law doctrine of
respondeat superior.
NEW SECTION. Sec. 2 A new section is added to chapter 4.92 RCW
to read as follows:
(1) The state and local governments are not liable for any injury
received by a third-party occupant of a vehicle that is owned, leased,
or rented by the state or local government if, at the time the injuries
were inflicted, the third-party occupant was:
(a) Riding in or on the vehicle with a state or local government
employee who had explicitly acknowledged in writing the employer's
policy on use of vehicles owned, leased, or rented by the state or
local government; and
(b) Not specifically and expressly authorized by the state or local
government to be an occupant of the vehicle.
(2) For purposes of this section, "third-party occupant" means a
person who occupies a vehicle owned, leased, or rented by the state or
local government and who is not an officer, employee, or agent of the
state or local government. "Local government" includes any city,
county, or other subdivision of the state and any municipal
corporation, quasi-municipal corporation, or special district within
the state.
NEW SECTION. Sec. 3 A new section is added to chapter 4.24 RCW
to read as follows:
(1) A private employer is not liable for any injury received by a
third-party occupant of a vehicle that is owned, leased, or rented by
the employer if, at the time the injuries were inflicted, the third-party occupant was riding in or on the vehicle with an employee who had
explicitly acknowledged in writing the employer's policy on use of
vehicles owned, leased, or rented by the employer and the third-party
occupant was not:
(a) Specifically and expressly authorized by the employer to be an
occupant of the vehicle; or
(b) Acting on behalf of, or for the benefit of, the employer with
the knowledge or implied approval or acquiescence of the employer.
(2) For purposes of this section, "third-party occupant" means a
person who occupies a vehicle owned, leased, or rented by the private
employer and who is not an officer, employee, or agent, or authorized
or constructive invitee of the private employer.
NEW SECTION. Sec. 4 This act applies to all causes of action
accruing on or after the effective date of this act.