State tort claims

AN ACT Relating to arbitration for tort claims against the state 1
of Washington and its subdivisions; amending RCW 7.06.020; creating a 2
new section; and declaring an emergency. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. (1) The legislature recognizes that while 5
private entrepreneurs voluntarily choose the ambit of their activity 6
and can thereby exert some control over their exposure to liability, 7
state government does not have the same flexibility. In acting for 8
the public good and in responding to public need, state government 9
must provide a broad range of services and perform a broad range of 10
functions throughout the entire state, regardless of how much 11
exposure to liability may be involved. The legislature also 12
recognizes that the state and its political subdivisions provide 13
essential public services and functions and that unlimited liability 14
could disrupt or make prohibitively expensive the provision of such 15
essential public services and functions.16
(2) The legislature finds that its power to control and regulate 17
the right of suit against it is plenary. The state may grant the 18
right or refuse it as it chooses and when granted may annex such 19
conditions thereto as it deems wise. Further, the state supreme court 20
has consistently acknowledged this constitutional duty includes the 21
S-3953.2
SENATE BILL 6239
State of Washington 69th Legislature 2026 Regular Session
By Senators Dhingra, Pedersen, Conway, Liias, Robinson, and C. Wilson
Read first time 01/20/26. Referred to Committee on Law & Justice.
p. 1 SB 6239
power to establish conditions precedent before suit can be brought 1
against the state, including the placement of reasonable procedural 2
burdens that may be placed on tort claimants as long as such burdens 3
are not substantial and do not constitute a real impediment to 4
relief. The legislature therefore finds it necessary to protect the 5
public treasury from increasing liability while providing a 6
structured, fair process through arbitration for persons who seek 7
compensation for injuries caused by government negligence.8
Sec. 2. RCW 7.06.020 and 2018 c 36 s 2 are each amended to read 9
as follows: 10
(1) ((All)) Except as provided in subsection (3) of this section, 11
all civil actions, except for appeals from municipal or district 12
courts, which are at issue in the superior court in counties which 13
have authorized arbitration, where the sole relief sought is a money 14
judgment, and where no party asserts a claim in excess of ((fifteen 15
thousand dollars)) $15,000, or if approved by the superior court of a 16
county by two-thirds or greater vote of the judges thereof, up to 17
((one hundred thousand dollars )) $100,000, exclusive of interest and 18
costs, are subject to civil arbitration. 19
(2) If approved by majority vote of the superior court judges of 20
a county which has authorized arbitration, all civil actions which 21
are at issue in the superior court in which the sole relief sought is 22
the establishment, termination, or modification of maintenance or 23
child support payments are subject to mandatory arbitration. The 24
arbitrability of any such action shall not be affected by the amount 25
or number of payments involved. 26
(3) All tort claims against the state or any of its subdivisions 27
are subject to civil arbitration for any dollar amount prior to being 28
scheduled for trial.29
NEW SECTION. Sec. 3. This act is necessary for the immediate 30
preservation of the public peace, health, or safety, or support of 31
the state government and its existing public institutions, and takes 32
effect immediately.33
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p. 2 SB 6239