S-3271.1 _______________________________________________
SENATE BILL 6101
_______________________________________________
State of Washington 52nd Legislature 1992 Regular Session
By Senators Nelson, Rasmussen and Thorsness
Read first time 01/15/92. Referred to Committee on Law & Justice.
AN ACT Relating to timely filing of claims against political subdivisions, municipal corporations, and quasi municipal corporations; and amending RCW 4.96.020, 35.31.020, and 36.45.010.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. 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)) section shall not 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. Claims against such entities 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)). All such
claims shall be verified and shall accurately 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 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 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.
(3)
No action shall be commenced against any such 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)) of the
entity. The applicable period of limitations within which an action must be
commenced is tolled during the sixty-day period.
Sec. 2. 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.
No action may be commenced against the city for damages arising out of tortious conduct until sixty days have elapsed after the claim has been presented to and filed with the governing body of the city. The applicable period of limitations within which an action must be commenced is tolled during the sixty-day period.
Sec. 3. 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 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.))
No action may be commenced against the county for damages arising out of
tortious conduct until sixty days have elapsed after the claim has been
presented to the county legislative authority and filed with the county clerk.
The applicable period of limitations within which an action must be commenced
is tolled during the sixty-day period.