HOUSE BILL REPORT

                  SB 5473

                    As Passed Legislature

Title:  An act relating to the tort claims revolving fund.

Brief Description:  Creating the tort claims revolving fund.

Sponsor(s):  Senators McCaslin and Madsen; by request of Department of General Administration.

Brief History:

  Reported by House Committee on:

State Government, April 2, 1991, DPA;

Passed House, April 10, 1991, 97-0;

Passed Legislature, 97-0.

HOUSE COMMITTEE ON

STATE GOVERNMENT

Majority Report: Do pass as amended.  Signed by 10 members:  Representatives Anderson, Chair; Pruitt, Vice Chair; McLean, Ranking Minority Member; Bowman, Assistant Ranking Minority Member; Chandler; R. Fisher; Grant; Moyer; O'Brien; and Sheldon.

Staff:  Linda May (786-7135).

Background:  The state treasurer keeps an account for the sole purpose of paying liability settlements and judgments against the state and for tort claims filed against state officers, employees, and volunteers.  Before 1989, this account was called the Tort Claims Revolving Fund.  During the 1989 session, the Legislature abolished this fund and created the Liability Account.  No funds were appropriated to the new Liability Account until the 1990 session.

In seeking to implement the 1989 legislation, the Department of General Administration (GA) was asked to keep the Tort Claims Revolving Fund for paying off claims assessed prior to the 1989 legislation.  The Office of Financial Management has also authorized GA to use this fund to pay for claims assessed prior to the appropriation of funds to the new Liability Account.  The Liability Account is to be used exclusively for payment of tort claims incurred on or after July 1, 1990.  A change in statute is necessary to re-establish the abolished tort claims fund.

Summary of Bill:  The Tort Claims Revolving Fund is created again in the custody of the state treasurer.  It is to be used solely and exclusively for the payment of tort claims against the state taking place prior to July 1, 1990.

Fiscal Note:  Available.

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

Testimony For:  None.

Testimony Against:  None.

Witnesses:  None.