AN ACT Relating to local government; and amending RCW 35.31.020, 35.31.040, and 35A.31.030.

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

Sec. 1. Section 35.31.020, chapter 7, Laws of 1965 as amended by section 12, chapter 164, Laws of 1967 and RCW 35.31.020 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~~)) No action may be commenced against a charter city for any claim for damages arising from tortious conduct until the claim has been presented to the legislative body of the city by filing with the city clerk or other officer lawfully designated by charter or ordinance to accept such claims, and sixty days have elapsed after such presentation. However, 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. The requirements of this section do not affect the applicable period of limitations within which an action must be commenced. Such period shall begin and continue to run as if no claim were required under this section. However, if the claim required by this section is duly filed within the applicable period of limitations, the applicable period shall not expire until the end of the sixty-first day following the date that the claim is filed.

Sec. 2. Section 35.31.040, chapter 7, Laws of 1965 as amended by section 13, chapter 164, Laws of 1967 and RCW 35.31.040 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 one hundred and twenty days from the date that the damage occurred or the injury was sustained: PROVIDED, That)) No action may be commenced against a noncharter city for any claim for damages until the claim has been presented to the legislative body by filing with the city or town clerk and sixty days have elapsed after such presentation. However, if the claimant is incapacitated from verifying and filing his claim for damages ((~~within said time limitation~~)), or if the claimant is a minor, then the claim may be verified and presented on behalf of the claimant by any relative or attorney or agent representing the injured person.

((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 to the council thereon 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, 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.~~)) The requirements of this section do not affect the applicable period of limitations within which an action must be commenced. Such period shall begin and continue to run as if no claim were required under this section. However, if the claim required by this section is duly filed within the applicable period of limitations, the applicable period shall not expire until the end of the sixty-first day following the date that the claim is filed.

Sec. 3. Section 35A.31.030, chapter 119, Laws of 1967 ex. sess. and RCW 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 has been presented to the legislative body of the city by filing with the clerk and sixty days have elapsed after such presentation. However, if the claim required by this section is duly filed within the applicable period of limitations, the applicable period shall not expire until the end of the sixty-first day following the date that the claim is filed.