Z-91                  _______________________________________________

                                                   SENATE BILL NO. 3113

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State of Washington                              49th Legislature                              1985 Regular Session

By Senators Warnke, Zimmerman and Moore; by request of Department of Community Development

Read first time 1/17/85 and referred to Committee on Commerce and Labor.

AN ACT Relating to actions against state officers, employees, and authorized agents; amending RCW 4.92.060 and 4.92.070.

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

        Sec. 1.  Section 1, chapter 79, Laws of 1921 as last amended by section 1, chapter 126, Laws of 1975 1st ex. sess. and RCW 4.92.060 are each amended to read as follows:

          Whenever an action or proceeding for damages shall be instituted against any state officer, including state elected officials, ((or)) employee, or authorized agent, arising from his acts or omissions while performing, or in good faith purporting to perform, his official duties, such officer ((or)), employee, or authorized agent may request the attorney general to authorize the defense of said action or proceeding at the expense of the state.

        Sec. 2.  Section 2, chapter 79, Laws of 1921 as last amended by section 2, chapter 126, Laws of 1975 1st ex. sess. and RCW 4.92.070 are each amended to read as follows:

          If the attorney general shall find that said officer ((or employee's)), employee, or agent's acts or omissions were, or purported to be in good faith, within the scope of his official duties, said request shall be granted, in which event the necessary expenses of the defense of said action or proceeding shall be paid from the appropriations made for the support of the department to which such officer ((or)), employee, or authorized agent is attached.  In such cases the attorney general shall appear and defend such officer ((or)), employee, or authorized agent, who shall assist and cooperate in the defense of such suit.