H-4733

AN ACT Relating to claims against local governmental entities; amending RCW 4.96.010, 4.96.020, 36.16.134, 6.17.080, 35.31.020, 35.31.040, 35A.31.030, 36.45.010, 54.16.110, and 87.03.440; adding new sections to chapter 4.96 RCW; creating a new section; recodifying RCW 36.16.134; and repealing RCW 35.31.010, 35.31.030, 36.45.020, 36.45.030, and 53.34.210.

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

NEW SECTION. Sec. 1. This act is designed to provide a single, uniform procedure for bringing a claim against a local governmental entity. The existing procedures, contained in chapter 36.45 RCW, counties, chapter 35.31 RCW, cities and towns, chapter 35A.31 RCW, optional municipal code, and chapter 4.96 RCW, other political subdivisions, municipal corporations, and quasi-municipal corporations, are revised and consolidated into chapter 4.96 RCW.

Sec. 2. RCW 4.96.010 and 1967 c 164 s 1 are each amended to read as follows:

(1) All ((~~political subdivisions, municipal corporations, and quasi municipal corporations of the state~~)) local governmental entities, whether acting in a governmental or proprietary capacity, shall be liable for damages arising out of their tortious conduct, or the tortious conduct of their past or present officers, ((~~agents or~~)), employees, or volunteers while performing or in good faith purporting to perform their official duties, to the same extent as if they were a private person or corporation((~~: PROVIDED, That the)). Filing a claim within the time allowed by law ((of any claim required~~)) shall be a condition precedent to the maintaining of any action. The laws specifying the content for such claims shall be liberally construed so that substantial compliance therewith will be deemed satisfactory.

(2) Unless the context clearly requires otherwise, for the purposes of this chapter, "local governmental entity" means a county, city, town, special district, municipal corporation, or quasi-municipal corporation.

(3) For the purposes of this chapter, "volunteer" is defined according to RCW 51.12.035.

Sec. 3. RCW 4.96.020 and 1967 c 164 s 4 are each amended to read as follows:

(1) ((~~Chapter 35.31 RCW shall apply to claims against cities and towns, and chapter 36.45 RCW shall apply to claims against counties.~~

~~(2)~~)) The provisions of this ((~~subsection shall not~~)) section apply to claims against ((~~cities and towns or counties but shall apply to claims against all other political subdivisions, municipal corporations, and quasi municipal corporations~~)) all local governmental entities.

(2) All claims for damages against any such ((~~entities~~)) entity for damages arising out of tortious conduct shall be presented to and filed with the governing body thereof within ((~~one hundred twenty days from the date that the claim arose~~)) the applicable period of limitations within which an action must be commenced.

(3) All such claims shall be verified and shall accurately locate and describe the conduct and circumstances which brought about the injury or damage, describe the injury or damage, state the time and place the injury or damage occurred, state the names of all persons involved, if known, and shall contain the amount of damages claimed, together with a statement of the actual residence of the claimant at the time of presenting and filing the claim and for a period of six months immediately prior to the time the claim arose. If the claimant is incapacitated from verifying, presenting, and filing ((~~his~~)) the claim in the time prescribed or if the claimant is a minor, or is a nonresident of the state absent therefrom during the time within which ((~~his~~)) the claim is required to be filed, the claim may be verified, presented, and filed on behalf of the claimant by any relative, attorney, or agent representing ((~~him~~)) the claimant.

(4) No action shall be commenced against any ((~~such~~)) local governmental entity for damages arising out of tortious conduct until ((a)) sixty days have elapsed after the claim has first been presented to and filed with the governing body thereof((. The requirements of this subsection shall not affect the applicable period of limitations within which an action must be commenced, but such period shall begin and shall continue to run as if no claim were required)). The applicable period of limitations within which an action must be commenced shall be tolled during the sixty-day period.

Sec. 4. RCW 36.16.134 and 1989 c 250 s 1 are each amended to read as follows:

(1) Whenever an action or proceeding for damages is brought against any past or present officer ((or)), employee, or volunteer of a ((~~county~~)) local governmental entity of this state, arising from acts or omissions while performing or in good faith purporting to perform his or her official duties, such officer ((or)), employee, or volunteer may request the ((~~county~~)) local governmental entity to authorize the defense of the action or proceeding at the expense of the ((~~county~~)) local governmental entity.

(2) If the ((~~county~~)) legislative authority of the local governmental entity finds that the acts or omissions of the officer ((or)), employee, or volunteer were, or in good faith purported to be, within the scope of his or her official duties, the request ((~~may~~)) shall be granted. If the request is granted, the necessary expenses of defending the action or proceeding shall be paid by the ((~~county~~)) local governmental entity. Any monetary judgment against the officer ((or)), employee ((~~may~~)), or volunteer shall be paid on approval of the ((~~county~~)) legislative authority of the local governmental entity.

(3) The necessary expenses of defending an elective ((~~county~~)) officer of the local governmental entity in a judicial hearing to determine the sufficiency of a recall charge as provided in RCW 29.82.023 shall be paid by the ((~~county~~)) local governmental entity if the officer requests such defense and approval is granted by both the ((~~county~~)) legislative authority of the local governmental entity and the ((~~prosecuting~~)) attorney representing the local governmental entity. The expenses paid by the ((~~county~~)) local governmental entity may include costs associated with an appeal of the decision rendered by the superior court concerning the sufficiency of the recall charge.

(4) When an officer, employee, or volunteer of the local governmental entity has been represented at the expense of the local governmental entity under subsection (1) of this section and the court hearing the action has found that the officer, employee, or volunteer was acting within the scope of his or her official duties, and a judgment has been entered against the officer, employee, or volunteer under chapter 4.96 RCW or 42 U.S.C. Sec. 1981 et seq., thereafter the judgment creditor shall seek satisfaction only from the local governmental entity, and judgment shall not become a lien upon any property of such officer, employee, or volunteer.

NEW SECTION. Sec. 5. A new section is added to chapter 4.96 RCW to read as follows:

No bond is required of any local governmental entity for any purpose in any case in any of the courts of the state of Washington and all local governmental entities shall be, on proper showing, entitled to any orders, injunctions, and writs of whatever nature without bond, notwithstanding the provisions of any existing statute requiring that bonds be furnished by private parties.

Sec. 6. RCW 6.17.080 and 1987 c 442 s 408 are each amended to read as follows:

No execution may issue for collection of a judgment for the recovery of money or damages against a ((~~county or other public corporation~~)) local governmental entity. Any such judgment may be enforced as follows:

(1) The judgment creditor may at any time when execution might issue on a like judgment against a private person, and after acknowledging satisfaction of the judgment as in ordinary cases, obtain from the clerk a certified transcript of the judgment. The clerk shall include in the transcript a copy of the memorandum of acknowledgment of satisfaction and the entry thereof as the basis for an order on the treasurer for payment. Unless the transcript contains such memorandum, no order upon the treasurer shall issue thereon.

(2) The judgment creditor shall present the certified transcript showing satisfaction of the judgment to the officer of the ((~~county or other public corporation~~)) local governmental entity who is authorized to draw orders on its treasury.

(3) The officer shall draw an order on the treasurer for the amount of the judgment, in favor of the judgment creditor. The order shall be presented for payment and paid with like effect and in like manner as other orders upon the treasurer. If the proper officer of the ((~~county or other public corporation~~)) local governmental entity fails or refuses to draw the order for payment of the judgment as provided in this section, a writ of mandamus may be issued in the original case to compel performance of the duty.

(4) As used in this section, the term "local governmental entity" means a county, city, town, special district, municipal corporation, or quasi-municipal corporation.

Sec. 7. RCW 35.31.020 and 1967 c 164 s 12 are each amended to read as follows:

The provisions of chapter 35.31 RCW shall be applied notwithstanding any provisions to the contrary in any charter of any city permitted by law to have a charter; however, charter provisions not inconsistent herewith shall continue to apply. All claims for damages against a charter city shall be filed ((within one hundred and twenty days from the date that the damage occurred or the injury was sustained: PROVIDED, That if the claimant is incapacitated from verifying and filing his claim for damages within the time prescribed, or if the claimant is a minor, or in case the claim is for damages to real or personal property, and if the owner of such property is a nonresident of such city or is absent therefrom during the time within which a claim for damages to said property is required to be filed, then the claim may be verified and presented on behalf of the claimant by any relative or attorney or agency representing the injured person, or in case of damages to property, representing the owner thereof)) in the manner set forth in chapter 4.96 RCW.

Sec. 8. RCW 35.31.040 and 1989 c 74 s 1 are each amended to read as follows:

All claims for damages against noncharter cities and towns ((~~must be presented to the city or town council and filed with the city or town clerk within the period specified in the appropriate statute of limitations~~)) shall be filed in the manner set forth in chapter 4.96 RCW.

((All such claims for damages must accurately locate and describe the defect that caused the injury, reasonably describe the injury and state the time when it occurred, give the residence for six months last past of claimant, contain the item of damages claimed and be sworn to by the claimant or a relative, attorney or agent of the claimant.

~~No action shall be maintained against any such city or town for any claim for damages until the same has been presented to the council and sixty days have elapsed after such presentation.~~))

Sec. 9. RCW 35A.31.030 and 1967 ex.s. c 119 s 35A.31.030 are each amended to read as follows:

No ordinance or resolution shall be passed allowing such claim or any part thereof, or appropriating any money or other property to pay or satisfy the same or any part thereof, until the claim has first been referred to the proper department or committee, nor until such department or committee has made its report thereon to the legislative body of the code city pursuant to such reference. ((All such claims for damages must accurately locate and describe the defect that caused the injury, reasonably describe the injury and state the time when it occurred, contain the item of damages claimed and be verified by the claimant or a relative, attorney, or agent of the claimant.))

No action shall be maintained against any code city for any claim for damages until the ((~~same~~)) claim has been ((~~presented to the legislative body of the city by filing with the clerk and sixty days have elapsed after such presentation~~)) filed in the manner set forth in chapter 4.96 RCW.

Sec. 10. RCW 36.45.010 and 1967 c 164 s 14 are each amended to read as follows:

All claims for damages against any county ((~~must~~)) shall be ((~~presented before the board of county commissioners and filed with the clerk thereof within one hundred and twenty days from the date that the damage occurred or the injury was sustained~~)) filed in the manner set forth in chapter 4.96 RCW.

Sec. 11. RCW 54.16.110 and 1979 ex.s. c 240 s 3 are each amended to read as follows:

A district may sue in any court of competent jurisdiction, and may be sued in the county in which its principal office is located or in which it owns or operates facilities. No suit for damages shall be maintained against a district except on a claim filed with the ((~~commission~~)) district complying in all respects with the terms and requirements for claims for damages ((~~filed against cities of the second class~~)) set forth in chapter 4.96 RCW.

Sec. 12. RCW 87.03.440 and 1983 c 167 s 218 are each amended to read as follows:

The treasurer of the county in which is located the office of the district shall be ex officio treasurer of the district, and any county treasurer handling district funds shall be liable upon his or her official bond and to criminal prosecution for malfeasance and misfeasance, or failure to perform any duty as county or district treasurer. The treasurer of each county in which lands of the district are located shall collect and receipt for all assessments levied on lands within his or her county. There shall be deposited with the district treasurer all funds of the district. ((He)) The district treasurer shall pay out such funds upon warrants issued by the county auditor against the proper funds of the district, except the sums to be paid out of the bond fund for interest and principal payments on bonds: PROVIDED, That in those districts which designate their own treasurer, the treasurer may issue the warrants or any checks when the district is authorized to issue checks. All warrants shall be paid in the order of their issuance. The district treasurer shall report, in writing, on the first Monday in each month to the directors, the amount in each fund, the receipts for the month preceding in each fund, and file the report with the secretary of the board. The secretary shall report to the board, in writing, at the regular meeting in each month, the amount of receipts and expenditures during the preceding month, and file the report in the office of the board.

The preceding paragraph of this section notwithstanding, the board of directors or board of control of an irrigation district which lies in more than one county and which had assessments in each of two of the preceding three years equal to at least five hundred thousand dollars may designate some other person having experience in financial or fiscal matters as treasurer of the district. In addition, the board of directors of an irrigation district which lies entirely within one county may designate some other person having experience in financial or fiscal matters as treasurer of the district if the board has the approval of the county treasurer to designate some other person. If the board designates a treasurer, it shall require a bond with a surety company authorized to do business in the state of Washington in an amount and under the terms and conditions which it finds from time to time will protect the district against loss. The premium on the bond shall be paid by the district. The designated treasurer shall collect and receipt for all irrigation district assessments on lands within the district and shall act with the same powers and duties and be under the same restrictions as provided by law for county treasurers acting in matters pertaining to irrigation districts, except the powers, duties, and restrictions in RCW 87.56.110 and 87.56.210 which shall continue to be those of county treasurers.

In those districts which have designated their own treasurers, the provisions of law pertaining to irrigation districts which require certain acts to be done and which refer to and involve a county treasurer or the office of a county treasurer or the county officers charged with the collection of irrigation district assessments, except RCW 87.56.110 and 87.56.210 shall be construed to refer to and involve the designated district treasurer or the office of the designated district treasurer.

Any claim against the district for which it is liable under existing laws shall be presented to the board as provided in RCW 4.96.020 and upon allowance it shall be attached to a voucher and approved by the chairman and signed by the secretary and directed to the proper official for payment: PROVIDED, That in the event claimant's claim is for crop damage, the claimant in addition to filing his or her claim within the ((~~one hundred twenty day limit~~)) applicable period of limitations within which an action must be commenced and in the manner specified in RCW 4.96.020 must file with the secretary of the district, or in ((~~his~~)) the secretary's absence one of the directors, not less than three days prior to the severance of the crop alleged to be damaged, a written preliminary notice pertaining to the crop alleged to be damaged. Such preliminary notice, so far as claimant is able, shall advise the district; that the claimant has filed a claim or intends to file a claim against the district for alleged crop damage; shall give the name and present residence of the claimant; shall state the cause of the damage to the crop alleged to be damaged and the estimated amount of damage; and shall accurately locate and describe where the crop alleged to be damaged is located. Such preliminary notice may be given by claimant or by anyone acting in his or her behalf and need not be verified. No action may be commenced against an irrigation district for crop damages unless claimant has complied with the provisions of RCW 4.96.020 and also with the preliminary notice requirements of this section.

NEW SECTION. Sec. 13. The following acts or parts of acts are each repealed:

(1) RCW 35.31.010 and 1967 c 164 s 11 & 1965 c 7 s 35.31.010;

(2) RCW 35.31.030 and 1965 c 7 s 35.31.030;

(3) RCW 36.45.020 and 1963 c 4 s 36.45.020;

(4) RCW 36.45.030 and 1973 c 36 s 1 & 1963 c 4 s 36.45.030; and

(5) RCW 53.34.210 and 1959 c 236 s 21.

NEW SECTION. Sec. 14. RCW 36.16.134 is recodified as a section in chapter 4.96 RCW.

NEW SECTION. Sec. 15. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.