H-3211.1
HOUSE BILL 2700
State of Washington
69th Legislature
2026 Regular Session
By Representatives Taylor, Goodman, and Ormsby
Read first time 01/28/26. Referred to Committee on Civil Rights & Judiciary.
AN ACT Relating to arbitration for tort claims against the state of Washington and its subdivisions; amending RCW 7.06.020 ; creating a new section; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. (1) The legislature recognizes that while private entrepreneurs voluntarily choose the ambit of their activity and can thereby exert some control over their exposure to liability, state government does not have the same flexibility. In acting for the public good and in responding to public need, state government must provide a broad range of services and perform a broad range of functions throughout the entire state, regardless of how much exposure to liability may be involved. The legislature also recognizes that the state and its political subdivisions provide essential public services and functions and that unlimited liability could disrupt or make prohibitively expensive the provision of such essential public services and functions.
(2) The legislature finds that its power to control and regulate the right of suit against it is plenary. The state may grant the right or refuse it as it chooses and when granted may annex such conditions thereto as it deems wise. Further, the state supreme court has consistently acknowledged this constitutional duty includes the power 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. 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.