Prejudgment Interest, Elections Bills, and Public Records Litigation Relief

The 2024 Session started out with significant legislation moving in several areas. First, SB 5059, which would apply prejudgment interest to tort cases, was brought up in a slightly new form. Last year, WSAC and other stakeholders managed to stop this bill because of the inequitable way this interest was applied and the costs it would impose on our risk pools. More recently, WSAC has worked with other stakeholders to improve the bill by taking out certain claims and exempting future damages from its application, but the bill would still significantly impact our risk pools and make it more expensive to get insurance. It may also result in fewer policies being offered as insurers decide the market is too volatile. For these reasons, we continue to oppose this measure and look for solutions that offer fair compensation without imposing excessive litigation or judgment costs.

Second, there are several proposed changes to election law active this year. HB 1932 would move elections to even-numbered years only, but WSAC testified and worked with other stakeholders to get an amendment that makes this permissive only, not a mandate. SB 6156 and HB 2250 are companion bills that would implement a system for ranked-choice voting. These bills merely provide a uniform system and methodology for jurisdictions that choose to use ranked-choice voting for some races; it is not a new mandate, and costs would be apportioned to the jurisdiction that chooses to use this new system. We agree that having a uniform system for those jurisdictions that choose to use this system makes sense, and we will work to ensure that these measures remain optional and do not result in additional costs to the counties. The House version of the ranked-choice voting bill is set for a hearing in the House Committee on State Government & Tribal Relations on January 24.

Finally, in the area of the Public Records Act, HB 2307 is a bill that will help with vexatious litigation. This is not a “silver bullet” for all frivolous lawsuits, but it will require some administrative steps before a plaintiff can sue over records and will allow a court to consider an agency’s good faith actions when it awards fees. Our intent is to provide more opportunities to correct mistakes, fully provide records, and discourage litigation and running up legal fees. This bill is set for a hearing in the House Committee on State Government & Tribal Relations on January 24.