SENATE BILL REPORT

                  SHB 2721

              As Reported By Senate Committee On:

                 Judiciary, February 25, 2000

 

Title:  An act relating to venue of actions by or against counties.

 

Brief Description:  Changing provisions relating to venue of actions by or against counties.

 

Sponsors:  House Committee on Judiciary (originally sponsored by Representatives Morris, Schoesler, Grant, Mastin, Quall, Dunn and Anderson).

 

Brief History:

Committee Activity:  Judiciary:  2/21/2000, 2/25/2000 [DP].

 

SENATE COMMITTEE ON JUDICIARY

 

Majority Report:  Do pass.

  Signed by Senators Heavey, Chair; Kline, Vice Chair; Costa, Goings, Haugen, Johnson, Long, McCaslin, Thibaudeau and Zarelli.

 

Staff:  Karen Lundahl (786-7421)

 

Background:  Lawsuits against a county may be filed in the superior court of the county being sued or in either of the two nearest counties.  Actions by any county may be filed in the county in which the defendant resides or in either of the two counties nearest to the county bringing the action.

 

Which counties are nearest is determined by the travel time between county seats using major surface routes.

 

Some superior court judicial districts contain two or more small counties, which share a judge or judges.  In some counties, one of the two nearest county seats is in the same judicial district.  For Garfield County, both of the two nearest county seats are within the same judicial district.

 

Summary of Bill:  A county may sue or be sued in either of the two nearest judicial districts.  For an action filed by or against a county in a multi-county judicial district, this would assure two alternative superior court venues.

 

Appropriation:  None.

 

Fiscal Note:  Not requested.

 

Effective Date:  Ninety days after adjournment of session in which bill is passed.

 

Testimony For:  None.

 

Testimony Against:  None.

 

Testified:  No one.