FINAL BILL REPORT

EHB 1530

 

 

C 119 L 01

Synopsis as Enacted

 

Brief Description:  Providing for the appointment of an agent to receive claims against local government entities.

 

Sponsors:  By Representatives Lantz and Carrell.

 

House Committee on Judiciary

Senate Committee on Judiciary

 

Background:

 

The state has waived sovereign immunity for government=s tortious conduct, allowing itself and local governments to be sued for the torts of government officials, employees, or volunteers. 

 

Before an injured party may bring a suit against a local government entity, the injured party must make a claim against the entity for the damages sought.  A lawsuit for the recovery of those damages may not be commenced until at least 60 days after the claim has been filed with the local government.  (Any applicable statute of limitations is tolled during the 60-day wait to start the lawsuit.)

 

The law requires that a claim for damages must be "presented to and filed with the governing body" of the local government entity.

 

Summary: 

 

Each local government entity is required to appoint an agent to receive claims for damages.  The identity, and location during business hours, of the agent must be recorded with the county auditor.

 

Votes on Final Passage:

 

House950

Senate470

 

Effective:  July 22, 2001