SB 6239 — Requiring arbitration for tort claims against the state of Washington and its subdivisions.

S-4425.2S-3953.2 SUBSTITUTE SENATE BILL 6239 State of Washington 69th Legislature 2026 Regular Session By Senate Law & Justice (originally sponsored by Senators Dhingra, Pedersen, Conway, Liias, Robinson, and C.

Wilson)Wilson READRead FIRSTfirst TIMEtime 01/30/26.01/20/26.

Referred to Committee on Law & Justice.

amending RCW 7.06.020,7.06.020; 4.92.090, and 4.96.010;

(2) The legislature finds that theits rightpower to suecontrol theand governmentregulate isthe notright consideredof asuit privilegeagainst orit immunityis requiringplenary. heightened scrutiny analysis by the courts.

The right to pursue a government tort liability claim in court is not a fundamental right of state citizenship.

Article II, section 26 of our state Constitution gives p.

1 SSB 6239 the legislature the sole authority to decide in what manner, and in what courts, suits may be brought against the state, rather than it being a fundamental right provided by the state Constitution itself, so long as it conforms to the equal protection guarantees of the state and federal constitutions.

A distinction based on the age of claims serves a legitimate state interest in that it rationally relates to the purpose of the statute, to address old cases and provide all claimants justice by encouraging negotiation and fair settlement, and providing a fair but streamlined resolution that is less expensive and more efficient for all parties involved.

(3) The legislature further finds that its power to control and regulate the right of suit against the state is plenary.

Further, the state supreme court has consistently acknowledged this constitutional duty includes the powerp. to establish conditions precedent before suit can be brought against the state, including the placement of reasonable procedural burdens that may be placed on tort claimants as long as such burdens are not substantial and do not constitute a real impediment to relief.

The1 legislatureSB therefore6239 findspower itto necessaryestablish toconditions protectprecedent before suit can be brought against the publicstate, treasuryincluding fromthe increasingplacement liabilityof whilereasonable providingprocedural aburdens structured,that fairmay processbe throughplaced arbitrationon fortort personsclaimants whoas seeklong compensationas forsuch injuriesburdens causedare bynot government.substantial and do not constitute a real impediment to relief.

The legislature therefore finds it necessary to protect the public treasury from increasing liability while providing a structured, fair process through arbitration for persons who seek compensation for injuries caused by government negligence.

The p.arbitrability of any such action shall not be affected by the amount or number of payments involved.

2(3) SSBAll 6239tort arbitrabilityclaims ofagainst the state or any suchof actionits shallsubdivisions notare besubject affectedto bycivil thearbitration for any dollar amount orprior numberto ofbeing paymentsscheduled involved.for trial.

(3)(a) All tort claims against the state or against the state's officers, employees, or volunteers under RCW 4.92.100, and local governmental entities under RCW 4.96.010 and their officers, employees, or volunteers are subject to civil arbitration for any dollar amount prior to being scheduled for trial where the claims arise out of conduct or a pattern of conduct when the claimant was an adult and 10 or more years have passed, or when the claimant was a minor when the conduct or pattern of conduct for the claim occurred and 10 or more years have passed since the claimant became an adult.

(b) Except as provided in (a) of this subsection, all tort claims against the state or against the state's officers, employees, or volunteers under RCW 4.92.100, and local governmental entities under RCW 4.96.010 and their officers, employees, or volunteers may be subject to arbitration for any dollar amount prior to being scheduled for trial upon agreement of the parties.

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3.

RCW 4.92.090 and 1963 c 159 s 2 are each amended to read as follows:

((The)) Except as provided in RCW 7.06.020(3), the state of Washington, whether acting in its governmental or proprietary capacity, shall be liable for damages arising out of its tortious conduct to the same extent as if it were a private person or corporation.

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4.

RCW 4.96.010 and 2011 c 258 s 10 are each amended to read as follows:

(1) ((All)) Except as provided in RCW 7.06.020(3), all local governmental entities, whether acting in a governmental or proprietary capacity, shall be liable for damages arising out of their tortious conduct, or the tortious conduct of their past or present officers, employees, or volunteers while performing or in good faith purporting to perform their official duties, to the same extent as if they were a private person or corporation.

Filing a claim for damages within the time allowed by law shall be a condition precedent to the commencement of any action claiming damages.

The laws specifying the content for such claims shall be liberally construed so that substantial compliance therewith will be deemed satisfactory.

p.

3 SSB 6239 (2) Unless the context clearly requires otherwise, for the purposes of this chapter, "local governmental entity" means a county, city, town, special district, municipal corporation as defined in RCW 39.50.010, quasi-municipal corporation, any joint municipal utility services authority, any entity created by public agencies under RCW 39.34.030, or public hospital.

(3) For the purposes of this chapter, "volunteer" is defined according to RCW 51.12.035.

5.3.

42 SSBSB 6239