HB 2706 — DSHS tort claims

Summary

Creating an administrative process for adjudicating department of children, youth, and families tort claims against the state.

Bill Text

Compared against the Revised Code of Washington as published AI-generated reading aid — verify against the official bill.

This bill amends 13 section(s) of the Revised Code of Washington: RCW 7.06.050; RCW 34.05.425; RCW 34.12.040; RCW 4.92.040; RCW 4.92.075; RCW 4.92.090.

• RCW 7.06.050

  twenty thirty ten twenty → as follows: (1) Following a hearing as prescribed by court rule or following a determination by the claims commission established in section 2 of this act bitrat or chair of the commission file h or award th t, tog er ervice er 20 filing ny of app on all su arty. ch t to j i 30 (b) In a ch an offer of e is not accepted by the appea in 10 c days after service thereof, fo MAR 7.3, the of the offer of compromise he amount of t rator's award for determining rty appealing t rator's award has failed to im 's position on de novo. (c) A p ffer of comprom l not be filed or communicated r the trier of il after judgment on the trial ich time a copy ffer of compromise shall be fi es of determini er the party who appealed the award has faile rove that party's position on o, pursuant to (2) If een filed at th ion of 20 days fo of the arbit or chair of the commission's ward, a judgmen by any party, e same force a

  amended

• RCW 34.05.425

  and 2013 c 109 in subsection ( head, the be: ne or more memb statutory auth , a commission, prejudice, interest, or any other cause provided in this chapter or for which a judge is disqualified. (4) Any party may petition for the disqualification of an individual promptly after receipt of notice indicating that the individual will preside or, if later, promptly upon discovering facts establishing grounds for disqualification. (5) The individual whose disqualification is requested shall determine whether to grant the petition, stating facts and reasons for the determination. (6) When the presiding officer is an administrative law judge, the provisions of this section regarding disqualification for cause are in addition to the motion of prejudice available under RCW 34.12.050. (7) If a substitute is required for an individual who becomes unavailable as a result of disqualification or any other reason, the substitute must be appointed by the appropriate appointing authority. (8) Any action taken by a duly appointed substitute for an unavailable individual is as effective as if taken by the unavailable individual.

  amended

• RCW 34.12.040

  read as follows: Except pursuant to RCW 43.70.740 and section 2 of this act, whenever a state agency conducts a hearing which is not presided over by officials of the agency who are to render the final decision, the hearing shall be conducted by an administrative law judge assigned under this chapter. In assigning administrative law judges, the chief administrative law judge shall wherever practical (1) use personnel having expertise in the field or subject matter of the hearing, and (2) assign administrative law judges primarily to the hearings of particular agencies on a long-term basis.

  amended

• RCW 4.92.040

  amended to read as follows: (1) No execution shall issue against the state on any judgment. (2) Whenever a final judgment against the state is obtained in an action on a claim arising out of tortious conduct, or whenever a final order awarding damages is obtained in an administrative proceeding under section 2 of this act, representatives committees on ways and means not later than the thirtieth day of each regular session of the legislature. Claims which cannot be processed for timely submission of recommendations shall be held for submission during the following regular session of the legislature. The recommendations shall include, but not be limited to: (a) A summary of the facts alleged in the claim, and a statement as to whether these facts can be verified by the office of risk management; (b) An estimate by the office of risk management of the value of the loss or damage which was alleged to have occurred; (c) An analysis of the legal liability, if any, of the state for the alleged loss or damage; and (d) A summary of equitable or public policy arguments which might be helpful in resolving the claim. (6) The legislative committees to whom such claims are referred shall make a transcript, recording, or statement of the substance of the evidence given in support of such a claim. If the legislature approves a claim the same shall be paid from appropriations specifically provided for such purpose by law. (7) Subsections (3) through (6) of this section do not apply to judgments or claims against the state housing finance commission created under chapter 43.180 RCW.

  amended

• RCW 4.92.075

  as follows: When a state officer, employee, or volunteer has been represented by the attorney general pursuant to RCW 4.92.070, and the body presiding over the action or proceeding has found that the officer, employee, or volunteer was acting within the scope of his or her official duties, and a judgment or final order under section 2 of this act has been entered against the officer, employee, or volunteer pursuant to chapter 4.92 RCW or 42 U.S.C. Sec. 1981 et seq., thereafter the judgment creditor or claimant with a final order awarding damages under section 2 of this act shall seek satisfaction or final order awarding damages

  amended

• RCW 4.92.090

  ows: state of Washington, whether acting in its gov tary capacity, shall be liable for damages arisin s conduct to the same extent as if it were a priv tion, except as expressly provided in this chapter

  amended

• RCW 4.92.100

  ows: claim or

  amended

• RCW 4.92.130

  (b) to assist in determining the appropriate level of funding fifty → (3) No money shall be paid from the liability account, except for defense costs, unless all proceeds available to the claimant from any valid and collectible liability insurance shall have been exhausted and unless: (a) The claims commission has made an award of damages that the claimant has accepted; (b) The claim shall have been reduced to final judgment in a court of competent jurisdiction; or (c) The claim has been approved for payment. (4) The liability account shall be financed through annual premiums assessed to state agencies, based on sound actuarial principles, and shall be for liability coverage in excess of agency- budgeted self-retention levels. (5) Annual premium levels shall be determined by the risk manager. An actuarial study shall be conducted by the office of the state actuary to make recommendations to the risk manager, office of financial management, and legislature on actions necessary to achieve and maintain solvency of the liability account. rsements for claims from the liability account shall be claimant, or to the clerk of the court for judgments, request to the state treasurer from the risk manager. director may direct agencies to transfer moneys from and accounts to the liability account if premiums are liability account shall not exceed 50 percent rial value of the outstanding liability as determined he office of risk management. If the account exceeds the t specified in this section, premiums may be adjusted by f risk management in order to maintain the account e maximum limits. If, after adjustment of premiums, the ce remains above the limits specified, the excess amount ated back to the appropriate funds.

  amended

• RCW 4.92.150

  ad as follows: mmencement of an action in a court of competent or an administrative proceeding in the claims commission general is defending pursuant to RCW 4.92.070, or upon petition by the state, the attorney general, with the prior approval of the office of risk management and with the approval of the court, following such testimony as the court or claims commission may require, may compromise and settle the same and stipulate for judgment against the state, the affected officer, employee, volunteer, or foster parent.

  amended

• RCW 4.92.160

  or → amended to read as follows: Payment of claims and judgments arising out of tortious conduct or pursuant to 42 U.S.C. Sec. 1981 et seq. shall not be made by any agency or department of state government with the exception of the office of risk management, and that office shall authorize and direct the payment of moneys only from the liability account whenever: (1) The head or governing body of any agency or department of state or the designee of any such agency certifies to the office of risk management that a claim has been settled; (2) The claims commission has made and forwarded a certified copy of a final order and the attorney general certifies that the order is final and was entered in an administrative proceeding on a claim arising out of tortious conduct or under and pursuant to 42 U.S.C. (3)

  amended

• RCW 4.92.210

  (2) A centralized acking system shall be maintained to provide agencies with e and timely data on the status of liability claims. Inf in this claim file, other than the claim itself, shall be d and confidential. (3) Standardized s shall be established for filing, reporting, processing, usting claims, which includes the use of qualified claims ma ersonnel. (4) All claims sha iewed by the office of risk management to determine an initi tion, to delegate to the appropriate office to investigate, te, compromise, and settle the claim, or to retain that resp y on behalf of and with the assistance of the affected state (5) All claims th t in a lawsuit or an administrative proceeding shall be to the attorney general's office. Thereafter the attorn l and the office of risk management shall collaborate in t igation, denial, or settlement of the claim. (6) Reserves sha tablished for recognizing financial liability and monitor ctiveness. The valuation of specific claims against the sta e privileged and confidential. (7) All settleme l be approved by the responsible agencies, or their des ior to settlement.

  amended

• RCW 4.92

  2025 c 93 s 3 are each amended to read as follows: (1) The risk manag inistration account is created in the custody of the state All receipts from appropriations and assessments shall be d into the account. Only the director or the director's designe horize expenditures from the account. The account is subjec otment procedures under chapter 43.88 uired for expenditures. (2) The risk manag inistration account is to be used for the payment of costs r (a) The appropria istration of liability, property, and vehicle claims, in investigation, claim processing, negotiation, and sett final orders awarding damages under section 2 of this act, insurance, subject to nditions and limitations determined by the risk manager; and (c) The administra the prescribed fire claims fund pilot program under RCW 76.0 (3) The risk man dministration account's appropriation for risk management sh nanced through a combination of direct appropriations and ass o state agencies.

  amended

• RCW 4.9

  2002 c 332 s 18 are each amended to read as follows: (1) The risk manag inistration account is created in the custody of the state All receipts from appropriations and assessments shall be d into the account. Only the director or the director's designe horize expenditures from the account. The account is subjec otment procedures under chapter 43.88 uired for expenditures. (2) The risk manag inistration account is to be used for the payment of costs r (a) The appropria istration of liability, property, and vehicle claims, in investigation, claim processing, negotiation, and sett final orders awarding damages under section 2 of this act,

  amended

Action History

1. January 29, 2026

   First reading, referred to Civil Rights & Judiciary.

Sponsors

• (Ormsby) · Primary

Subjects