Z-0290.4          _______________________________________________


                                 SENATE BILL 5473



State of Washington              52nd Legislature             1991 Regular Session


By Senators McCaslin and Madsen; by request of Department of General Administration.


Read first time February 1, 1991.  Referred to Committee on Governmental Operations.Creating the tort claims revolving fund.

     AN ACT Relating to the tort claims revolving fund; amending RCW 4.92.160; adding a new section to chapter 4.92 RCW; and creating a new section.




     NEW SECTION.  Sec. 1.  A new section is added to chapter 4.92 RCW to read as follows:

     The tort claims revolving fund is created in the custody of the treasurer to be used solely and exclusively for the payment of claims against the state arising out of tortious conduct taking place prior to July 1, 1990, and against its officers, employees, and volunteers for whom the defense of the claim was authorized under RCW 4.92.070.

     No money may be paid from the tort claims revolving fund unless all proceeds available to the claimant from any valid and collectible liability insurance is exhausted, and unless the claim has been approved for payment in accordance with RCW 4.92.210.


     NEW SECTION.  Sec. 2.  It is the intent of the legislature that the tort claims revolving fund created under section 1 of this act have the same purpose, use, and application as the tort claims revolving fund abolished effective July 1, 1989, by the legislature in chapter 419, Laws of 1989.


     Sec. 3.  RCW 4.92.160 and 1986 c 126 s 9 are each amended to read as follows:

     Payment of claims and judgments arising out of tortious conduct or pursuant to 42 U.S.C. Sec. 1981 et seq. shall not be made by any agency or department of state government with the exception of the risk management office, and that office shall authorize and direct the payment of moneys only from the tort claims revolving fund whenever:

     (1) The head or governing body of any agency or department of state or the designee of any such agency certifies to the risk management office that a claim has been settled ((under authority of RCW 4.92.140 as herein or hereafter amended)); or

     (2) The clerk of court has made and forwarded a certified copy of a final judgment in a court of competent jurisdiction and the attorney general certifies that the judgment is final and was entered in an action on a claim arising out of tortious conduct or under and pursuant to 42 U.S.C. Sec. 1981 et seq.  Payment of a judgment shall be made to the clerk of the court for the benefit of the judgment creditors.  Upon receipt of payment, the clerk shall satisfy the judgment against the state.