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

Second Substitute Bill → Engrossed Second Substitute Bill · 7 edits · Feb 17, 2026

MODERATE

The bill was reclassified from a 'Second Substitute' to an 'Engrossed Second Substitute' version, indicating it has passed a final legislative vote. The substantive text was significantly rewritten to replace a general arbitration process with a new 'Claims Commission' specifically designed for historical sexual abuse survivors. This new commission offers a trauma-informed, survivor-centered alternative to traditional court litigation, featuring expedited tracks and specialized hearing officers trained in trauma.

Scope change

The bill's scope narrowed from a broad mandate for civil arbitration of all tort claims against the state to a specific, mandatory pre-litigation process only for claims involving sexual abuse where the injury occurred 10+ years ago or the claimant is over 18. General tort claims against the state remain subject to standard court procedures unless parties agree to arbitration.

SCOPE

Created a new 'Claims Commission' within the Office of Administrative Hearings to adjudicate historical sexual abuse claims against the state and local governments.

Removed provisions that mandated civil arbitration for all tort claims against the state where the claim amount was under $15,000-$100,000 or for claims filed 10+ years after the incident.

ELIGIBILITY

Changed the requirement for mandatory arbitration to apply only to historical sexual abuse claims (injury occurred 10+ years ago or claimant is 18+), removing the mandatory arbitration requirement for all other tort claims.

REQUIREMENT

Established two distinct tracks for abuse claims: an 'Expedited Examiner Track' with a $250 filing fee and a 'Hearing Track' with a $5,000 filing fee, both requiring trauma-informed procedures.

DEFINITION

Redefined the legislative findings to focus specifically on the unique challenges faced by survivors of historical sexual abuse, such as faded memories and unavailable witnesses.

ENFORCEMENT

Added requirements for the Claims Commission to produce reports and hold legislative hearings for any abuse claim resulting in a settlement or judgment of $5 million or more.

TIMELINE

Updated the expiration date for the risk management administration account funding mechanism to June 30, 2033, and set the effective date for this new section to that same date.

Substitute Bill → Second Substitute Bill · 5 edits

MODERATE

The bill was reclassified from a 'Substitute' to a 'Second Substitute' and moved from the Senate Law & Justice committee to Ways & Means, indicating a shift in legislative focus. The core policy change expands the scope of mandatory arbitration for state tort claims to include all dollar amounts, provided specific time limits regarding the claimant's age have passed. Additionally, new sections require the legislature to conduct a comprehensive audit of the program's effectiveness and mandate a special hearing for any single tort settlement or judgment exceeding $5 million.

Scope change

The bill's scope was expanded to include all tort claims against the state and local entities regardless of the dollar amount, whereas the previous version had specific monetary thresholds. It also added new requirements for legislative oversight and a special hearing for large settlements.

TECHNICAL

The bill title changed from 'Substitute Senate Bill' to 'Second Substitute Senate Bill', and the sponsoring committee changed from 'Senate Law & Justice' to 'Senate Ways & Means'. The reading date was updated from January 30 to February 9, 2026.

SCOPE

The monetary threshold for mandatory arbitration against the state and local entities was removed, making the requirement apply to claims of any dollar amount, subject to age-based time limits.

REQUIREMENT

A new requirement mandates that arbitrators receive training on being victim-centered and trauma-informed before handling these claims.

ENFORCEMENT

New sections require the Joint Legislative Audit and Review Committee to conduct a detailed review of the arbitration program's costs, timelines, and outcomes, with a report due by December 31, 2032.

A new provision requires the Senate and House policy and fiscal committees to hold a joint hearing within 12 months if a single tort settlement or judgment exceeds $5 million.

Bill → Substitute Bill · 4 edits

MODERATE

The bill was renumbered and amended to expand its scope by adding specific exceptions for sexual misconduct claims involving minors, requiring a 10-year waiting period before arbitration applies. The text was also updated to clarify the legislature's authority over government liability and to explicitly include state officers, employees, and volunteers in the arbitration process.

Scope change

The bill now explicitly covers claims against state officers, employees, and volunteers, and introduces a specific exemption for sexual misconduct cases involving minors to prevent immediate arbitration.

ELIGIBILITY

Added a 10-year waiting period requirement for arbitration in cases involving sexual misconduct where the claimant was a minor at the time of the incident.

SCOPE

Expanded the definition of covered parties to explicitly include state officers, employees, and volunteers alongside the state itself.

REQUIREMENT

Revised the legislative findings to clarify that the right to sue the government is not a fundamental right, justifying the state's ability to impose arbitration conditions.

TECHNICAL

Updated bill metadata including the bill number (S-4425.2), reading date, and committee referral details.

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

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