FINAL BILL REPORT

HB 1163

                                   C 74 L 89

BYRepresentatives Haugen and Ferguson

Modifying the time period applying to filing of claims against noncharter cities and towns.

House Committe on Local Government

Senate Committee on Governmental Operations

SYNOPSIS AS ENACTED

BACKGROUND:

The statute of limitations for filing lawsuits related to damages or injuries to persons or personal property is three years after the injury or damage has occurred, i.e., a lawsuit relating to such damages or injuries must be filed within three years of the occurrence of the injury or damages.

Under another statute, a claim for damages or injuries against a city or town is required to be filed with the governing body of the city or town within 120 days of the date the damage occurred or injury was sustained.  Claim statutes of this nature have been held by the supreme court to be unconstitutional.  However, the supreme court held that a claim statute for the state is constitutional if the time period for filing the claim is the same as the statute of limitations.

SUMMARY:

The time within which a special claim for damages against a noncharter city or town must be filed with the city or town is altered from 120 days after the occurrence of the injury or damage to whatever the period is for the statute of limitations for filing a lawsuit for the injury or damage.

VOTES ON FINAL PASSAGE:

      House 96   0

      Senate    42     0

EFFECTIVE:July 23, 1989