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Bill

SB 5144

Providing oversight of state agency tortious conduct through legislative hearings.

2025-2026 Regular Session Introduced by John Braun and 5 co-sponsors

Requires joint Senate/House hearings within 12 months for state tort payouts of $1,000,000+ to review events and change practices, while preserving attorney-client privilege.

By resolution, reintroduced and retained in present status.
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Bill Summary · SB 5144

SB 5144 — Overview and Summary

SB 5144 proposes new legislative oversight of state tort payouts by requiring joint hearings when the state pays $1,000,000 or more for settlements or judgments arising from tortious conduct by state officers, employees, or volunteers. The hearings would occur within 12 months of the payment and would focus on understanding the events that led to the payout and considering changes to state practices to prevent future liability. The bill emphasizes maintaining attorney-client privilege and work-product confidentiality during the information shared at the hearings.

What the bill would do

  • Establish a new requirement for oversight hearings on large tort payouts.
  • Triggered when a payment of $1,000,000 or more is made from the state liability account (RCW 4.92.130) for a settlement or judgment related to tortious conduct by state personnel or volunteers.
  • Require a joint hearing within 12 months after the payment.
  • Hearings would be conducted by the appropriate policy and fiscal committees in both the Senate and the House of Representatives.
  • Activities at the hearing would include receiving reports from the attorney general, the office of risk management, and the affected agency, describing the facts and legal context of the payout and exploring potential changes to prevent future liability.
  • Information presented must respect attorney-client privilege and the confidentiality of attorney work product.

Key provisions

  • New statute: A new section added to chapter 4.92 RCW.
  • Trigger: Tort payout of $1,000,000+ from the state liability account (RCW 4.92.130).
  • Required action: Within 12 months of payment, a joint hearing by the Senate and House policy and fiscal committees.
  • Hearing content:
    • Report describing factual events and legal context.
    • Consideration of modifications to state practices and policies to reduce future liability.
  • Protections: Information presented adheres to attorney-client privilege and attorney work product confidentiality.

Who is affected

  • State agencies and their personnel (officers, employees, volunteers) implicated in tort settlements or judgments.
  • The Governor’s Office, Attorney General, Office of Risk Management, and the relevant policy and fiscal committees in both chambers.
  • The public, to the extent that information from hearings becomes part of the legislative record (subject to privilege protections).

Process and timeline

  • Status: First reading; referred to Law & Justice Committee.
  • Introduced: January 7, 2025; Prefiled January 7, 2025; Read first time January 13, 2025.
  • If enacted, the triggering payout would prompt a joint hearing within 12 months of the payment.

Potential impact and considerations

  • Increases legislative oversight and transparency regarding large state tort payouts.
  • Encourages agencies to review policies and practices to prevent future liability.
  • Balances transparency with attorney-client privilege and work-product protections.
  • Adds a procedural requirement that could affect how quickly settlements are reached when large liabilities exist, given the potential need to accommodate forthcoming hearings.

This summary reflects the bill’s current text and status as of its first reading in the 2025 Regular Session.

Compiled from official sources — confirm details with the bill’s official record.

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