S-4425.2
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)
READ FIRST TIME 01/30/26.
AN ACT Relating to arbitration for tort claims against the state of Washington and its subdivisions; amending RCW 7.06.020 , 4.92.090 , and 4.96.010 ; 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 the right to sue the government is not considered a privilege or immunity requiring 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 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.