Bill to create claims process for older survivor claims would preserve jury rights, sponsors say

Lawmakers described a tort-liability proposal intended to streamline resolution of older claims while preserving survivors' access to jury trials and full damages.

Speaker 1 explained the bill aims to create a claims-commission process for older cases while maintaining three protections survivors' advocates sought: the right to a jury trial, no cap on damages, and no cap on attorney fees. "That is what is in the bill," Speaker 1 said, describing an expedited track and a hearing track; the expedited track may not require survivors to be represented by counsel.

Officials said the goal is to improve access to justice and reduce litigation costs for government entities. Speaker 1 noted other states use a similar commission process that sometimes reduces attorney-fee costs and expedites resolution; the bill would preserve a survivor's right to pursue a jury trial after administrative proceedings.

Procedure and next steps: Speaker 1 said additional amendments are expected and that the bill will be scheduled for a house subcommittee hearing next week. Cities have asked whether they can participate in the claims process with agreement from both parties; Speaker 1 said that option is being drafted as an amendment.

What was not decided: No vote or final adoption was recorded at the briefing, and fiscal impacts for counties, cities or the state were described as contingent on bill text and pending amendments.