Weekly Legislative Update
March 7, 2008

In this issue:

• • Six days and countin
• • HB 1873 liability expansion update
• • Construction liability bill dies

 

Six days and counting...

Liability reform advocates will note with relief that the legislature adjourns March 13. With less than a week to go, lawmakers will undoubtedly be working over the weekend to finish up.

HB 1873 liability expansion update

HB 1873 passed the Senate on Thursday, March 6, on a 47-2 vote.

In a late evening session, state senators crafted and narrowly passed bipartisan amendments that take some, but not all, of the sting out of the liability expansions to the state’s wrongful death statutes called for in the House version of HB 1873.

Sen. Dale Brandland (R-Bellingham), expressing his concern for the smallest of the cities in his district, offered an amendment to render joint and several liability inapplicable to local and state governments for lawsuits covered by this act.

Sen. Mary Margaret Haugen (D-Camano Island) offered an amendment setting the upper age limit at 26 for wrongful death actions by a parent for the loss of a child. Sen. Haugen characterized increasing the current age limit from 18 to 26 as more reasonable than eliminating the age limit altogether.

Senators Jim Hargrove (D-Hoquiam) and Cheryl Pflug (R-Maple Valley) both spoke in favor of the amendments. Sen. Hargrove, a co-sponsor to both amendments, reminded senators that current law already contains a broad range of remedies for recovery of damages. Sen. Pflug spoke effectively to the unintended and unfair hardships joint and several liability can impose.

The LRC commissioned a study by Milliman which helped to inform the Senate’s deliberation. Another important perspective came from Attorney General Rob McKenna in a recent Seattle P-I op-ed. The AG rightly said HB 1873 won’t make government better—just more expensive.

More HB 1873 info:

• • A Milliman, Inc., study commissioned by the LRC estimated HB 1873 could increase lawsuits against the state by 80 percent!
• • Washington State Medical Association’s concerns that HB 1873 flies in the face of the med-mal accord reached two years ago.

While grateful for the ameliorative amendments, the LRC continues to maintain that current law is working well and HB 1873 is unnecessary.

Construction liability bill dies

A big victory is this year’s liability battle occurred when SB 6385, a proposal to enact sweeping expansion of construction liability, died today in Senate Rules. Senators declined to move the bill for consideration by the full Senate before today’s 5 p.m. deadline.

SB 6385 would have allowed lawsuits against anyone “involved” in the repair, remodel or construction of a residential home, including former homeowners.

The LRC supports HB 3349, requiring a study of the need to regulate contractors engaged in residential construction, repair or renovation. This bill passed the House 93-1. It awaits action in Senate Rules.

TAKE ACTION!

Call 1.800.562.6000 or e-mail your state representative or senator today and deliver this message:

I oppose HB 1873. Current law works well. Further liability expansion is too expensive.

For more info on bill status, see the LRC Bill Tracker.