WA People
BILL · 2003–04 SESSION · LATEST VERSION ESSB 5728

SB 5728: Civil liability reform

Providing for omnibus civil liability reform.

Summary

  • Makes a number of changes to the law relating to medical malpractice in the areas of: limitations on damages; statute of limitations; pre-suit notice; mandatory mediation and binding arbitration; collateral sources; burden of proof; periodic payments of future damages; and hospital quality improvement programs;
  • Limits a defendant's joint and several liability in a civil action to no more than two times the defendant's percentage of fault;
  • Provides immunity to employers for good faith job references;
  • Changes the tort judgment interest rate to four points above the 26-week T-bill rate;
  • Establishes affirmative defenses against construction-related actions;
  • Provides that failure to wear a seatbelt may be admissible as evidence of negligence in a civil action;

From the Substitute House Bill Analysis (SSB 5728), written by the Legislature's nonpartisan staff. Read the full report ↗

Did not pass Did not pass · passed Senate, stalled in House
  1. IntroducedFeb 7, 2003
  2. Out of committeeFeb 28, 2003
  3. Passed SenateMar 14, 2003
  4. Passed Housestopped here
  5. Governor
  6. Law
Prime sponsor
Dale Brandland (R-42)
Introduced
February 7, 2003 in the Senate
Last action
March 11, 2004
Budget
Has a fiscal note
Versions
SB 5728, ESSB 5728

AN ACT Relating to civil liability reform;

Sponsors

Prime sponsor: Dale Brandland (R-42)

6 co-sponsors (1 Democrat, 5 Republicans)

Bob McCaslin R-4Senator D-35Alex Deccio R-14Dave Schmidt R-44Linda Evans Parlette R-12Patricia Hale R-8

Votes

Senate · 3rd Reading & Final Passage

Passed March 14, 2003
Version voted on: ESSB 5728
28 Yea 21 Nay 0 Absent 0 Excused
PartyYeaNayAbsentExcused
Democrat42000
Republican24100
How each member voted
Permalink to this vote

Senate · 3rd Reading & Final Passage

February 10, 2004
Version voted on: ESSB 5728
27 Yea 22 Nay 0 Absent 0 Excused
PartyYeaNayAbsentExcused
Democrat42000
Republican23200
How each member voted
Permalink to this vote
4 other recorded votes (amendments, procedural motions)

Senate · Amendment 167 by Kastama (page 3, line 28)

March 14, 2003
Version voted on: ESSB 5728
24 Yea 25 Nay 0 Absent 0 Excused
PartyYeaNayAbsentExcused
Democrat23100
Republican12400
How each member voted
Permalink to this vote

Senate · Amendment 171 by Hargrove (page 16, line 36)

March 14, 2003
Version voted on: ESSB 5728
27 Yea 22 Nay 0 Absent 0 Excused
PartyYeaNayAbsentExcused
Democrat42000
Republican23200
How each member voted
Permalink to this vote

Senate · Amendment 171 by Hargrove (page 16, line 36)

March 14, 2003
Version voted on: ESSB 5728
24 Yea 25 Nay 0 Absent 0 Excused
PartyYeaNayAbsentExcused
Democrat18600
Republican61900
How each member voted
Permalink to this vote

Senate · Motion by Sen Kline to place on 2nd Reading

February 10, 2004
Version voted on: ESSB 5728
23 Yea 26 Nay 0 Absent 0 Excused
PartyYeaNayAbsentExcused
Democrat23100
Republican02500
How each member voted
Permalink to this vote

History

  1. By resolution, returned to Senate Rules Committee for third reading. (ESSB 5728)
  2. First reading, referred to Judiciary. (ESSB 5728)
  3. Third reading, passed; yeas, 27; nays, 22; absent, 0; excused, 0. (ESSB 5728)
  4. Placed on third reading by Rules Committee. (ESSB 5728)
  5. By resolution, reintroduced and retained in present status. (ESSB 5728)
  6. By resolution, reintroduced and retained in present status. (ESSB 5728)
  7. By resolution, reintroduced and retained in present status. (ESSB 5728)
  8. By resolution, returned to Senate Rules Committee for third reading. (ESSB 5728)
  9. First reading, referred to Judiciary. (ESSB 5728)
  10. Third reading, passed; yeas, 28; nays, 21; absent, 0; excused, 0. (ESSB 5728)
  11. Rules suspended. Placed on Third Reading. (ESSB 5728)
  12. Floor amendment(s) adopted. (ESSB 5728)
  13. 1st substitute bill substituted. (ESSB 5728)
  14. 1st substitute bill substituted.
  15. Placed on second reading by Rules Committee. (ESSB 5728)
  16. Placed on second reading by Rules Committee.
  17. JUD - Majority; 1st substitute bill be substituted, do pass. (ESSB 5728)
  18. Minority; do not pass. (ESSB 5728)
  19. Passed to Rules Committee for second reading. (ESSB 5728)
  20. Passed to Rules Committee for second reading.
  21. Minority; do not pass.
  22. JUD - Majority; 1st substitute bill be substituted, do pass.
  23. First reading, referred to Judiciary.

SB 5728 in other sessions

Bill numbers restart every two years, so the same number is a different bill in each session.

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