H-1349.1          _______________________________________________

                                  HOUSE BILL 1759

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State of Washington              52nd Legislature             1991 Regular Session

By Representatives Van Luven, Zellinsky, Nealey, Nelson, Vance, Franklin, Ferguson and Rasmussen.

Read first time February 7, 1991.  Referred to Committee on Judiciary.Imposing strict liability for damage by a system of sewerage.

     AN ACT Relating to tort liability for systems of sewerage; and adding a new section to chapter 4.96 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 4.96 RCW to read as follows:

     A political subdivision, municipal corporation, or quasi-municipal corporation which collects fees from individual residences for a system of sewerage, as defined in RCW 36.94.010, shall be strictly liable for any damage caused to an individual residence by the failure of the  system of sewerage, other than for damage arising from a failure of the system of sewerage as a result of an act of God or a nonnegligent act of public employees responding to an emergency situation.