BILL REQ. #:  S-0816.1 

Read first time 02/01/11.   Referred to Committee on Human Services & Corrections.

     AN ACT Relating to the exercise of reasonable care by state employees and its agents at the department of social and health services and the department of corrections; adding new sections to chapter 43.20A RCW; adding new sections to chapter 72.09 RCW; and creating a new section.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 43.20A RCW to read as follows:
     In an effort to protect the public health, safety, and welfare, the legislature has authorized and funded programs addressing child and elderly abuse and neglect and criminal offenders. The work undertaken by state employees and agents to deliver these important services requires them to make decisions based upon circumstantial evidence and measurable risk of harm associated with the available competing choices.
     The legislature is obligated for policy reasons and fiscal responsibility to assure the state is accountable under fair and reasonable standards of negligence. The state cannot guarantee the safety of its citizens, particularly in cases of harm involving the criminal conduct of others. The legislature expects state workers to perform this difficult work nonnegligently, and does not intend to immunize the state for negligence. However, the legislature finds that the citizens of this state should not be liable when the state worker exercises reasonable care.

NEW SECTION.  Sec. 2   A new section is added to chapter 43.20A RCW to read as follows:
     The state or a person, individually or in a representative capacity for the state, or a unit of local government or its representatives or agents if acting as an agent of the state, who is involved in the delivery of social and health services through the department of social and health services, is not liable for selecting one of two or more alternative courses of action even though the course of action chosen results in a poor outcome if the person exercised reasonable care and skill in arriving at the judgment to follow the particular course of action.

NEW SECTION.  Sec. 3   A new section is added to chapter 72.09 RCW to read as follows:
     In an effort to protect the public health, safety, and welfare, the legislature has authorized and funded programs addressing child and elderly abuse and neglect and criminal offenders. The work undertaken by state employees and agents to deliver these important services requires them to make decisions based upon circumstantial evidence and measurable risk of harm associated with the available competing choices.
     The legislature is obligated for policy reasons and fiscal responsibility to assure the state is accountable under fair and reasonable standards of negligence. The state cannot guarantee the safety of its citizens, particularly in cases of harm involving the criminal conduct of others. The legislature expects state workers to perform this difficult work nonnegligently, and does not intend to immunize the state for negligence. However, the legislature finds that the citizens of this state should not be liable when the state worker exercises reasonable care.

NEW SECTION.  Sec. 4   A new section is added to chapter 72.09 RCW to read as follows:
     The state or a person, individually or in a representative capacity for the state, or a unit of local government or its representatives or agents if acting as an agent of the state, who is involved in the delivery of services through the department of corrections, is not liable for selecting one of two or more alternative courses of action even though the course of action chosen results in a poor outcome if the person exercised reasonable care and skill in arriving at the judgment to follow the particular course of action.

NEW SECTION.  Sec. 5   Nothing in this act may be construed to limit the application of other statutes specifying a liability standard for the state's employees and agents.