| Momentum Bucket | Early Stage |
| Legal Title | AN ACT Relating to an administrative process for adjudicating department of children, youth, and families tort claims against the state; |
| Bill Description | Creating an administrative process for adjudicating department of children, youth, and families tort claims against the state. |
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What this bill does
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This bill creates a new claims commission housed in the Office of Administrative Hearings to adjudicate certain tort claims against the state and state actors, specifically claims alleging tortious conduct that occurred before 2020 and that are alleged against the Department of Children, Youth, and Families and its officers, employees, and volunteers. It adds a new section to chapter 4.92 RCW and amends multiple statutes (including RCW 7.06.050, 34.05.425, 34.12.040, and 4.92.040 among others) to establish the commission’s composition, jurisdictional prerequisites (claimants must comply with RCW 4.92.100 and obtain certification from the Office of Risk Management), limits on discovery, and appeal procedures. A claimant who accepts the commission’s award waives the right to proceed under the trial de novo provision or file a court action on that same claim; an aggrieved party may still seek a trial de novo in superior court from a final commission decision under chapter 7.06 RCW, with specified filing timelines and offer-of-compromise rules.
The bill also revises risk and payment procedures under chapter 4.92 RCW by creating a nonappropriated liability account for payment of liability settlements, judgments (including certain federal civil rights claims under 42 U.S.C. §1981 et seq.), and related defense costs, and by creating a risk management administration account to finance administration and pass-through insurance costs. It requires the Office of Risk Management to certify claim compliance, maintain a centralized tracking system, recommend nonapproved claims to the legislature, and report paid claims to the House and Senate ways and means committees. The liability account is financed by actuarially determined premiums assessed to state agencies, is subject to a maximum balance equal to 50 percent of the actuarial value of outstanding liability, and limits disbursements to situations specified in the bill (for example, exhaustion of collectible insurance and final judgments or approved orders).
The bill also amends duties of the state actuary, repeals RCW 43.19.778, and includes timing provisions stating that Section 14 expires June 30, 2033 and Section 15 takes effect June 30, 2033. The provided excerpts are incomplete: the full text of the new section 2 of the act is not included, many listed RCW amendments are not shown in detail, the identity of certain officials (for example, “the director”) and the bill’s overall effective date or other section contents are not provided, so some procedural and implementation details cannot be confirmed from the excerpts alone.
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Why it matters
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If enacted, people who seek money for injuries tied to alleged wrongdoing by DCYF that happened before 2020 will generally have to go through a new specialized claims commission inside the Office of Administrative Hearings and satisfy Office of Risk Management (ORM) presentment rules before suing. That process limits discovery, requires ORM certification to proceed, and bars a claimant who accepts the commission’s award from later suing in court, although an unhappy party can ask for a full new trial in superior court within 20 days of filing the commission’s decision. Practically, claimants face a narrower, more administrative path and quicker finality if they accept awards; DCYF staff and volunteers generally won’t face personal liens when acting in their official role, shifting the practical risk of payment to the state.
State financial and administrative responsibilities shift toward ORM, the treasurer, and agencies that will fund the liability pool: final payments for covered claims and judgments must come from a nonappropriated liability account once insurance is exhausted, and that account is financed by actuarially set premiums charged to state agencies and capped at 50 percent of the actuarial liability value. ORM must track and report paid claims to legislative ways-and-means committees, recommend on claims not approved, and the new risk management administration account will cover claim administration and certain insurance pass-through costs under director control; as a result, agencies can expect new or higher premium assessments and tighter central oversight of settlements. Important details about the claims process and some amended sections (including full text of the new claims rules in section 2, timing, and other amendments) are not included here, so some implementation specifics remain unclear.
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| Official Documents | View Full Bill Text |
| Representative Ormsby (Primary) |