H-1144.1  _______________________________________________

                          HOUSE BILL 1530

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Representatives Lantz and Carrell

Read first time 01/29/2001.  Referred to Committee on Judiciary.

Providing for the appointment of individuals to receive claims against local governmental entities.

    AN ACT Relating to serving claims against local governmental entities for tortious conduct; and amending RCW 4.96.010 and 4.96.020.

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

    Sec. 1.  RCW 4.96.010 and 1993 c 449 s 2 are each amended to read as follows:

    (1) All local governmental entities, whether acting in a governmental or proprietary capacity, shall be liable for damages arising out of their tortious conduct, or the tortious conduct of their past or present officers, employees, or volunteers while performing or in good faith purporting to perform their official duties, to the same extent as if they were a private person or corporation.  Filing a claim for damages within the time allowed by law shall be a condition precedent to the commencement of any action claiming damages.  The laws specifying the content for such claims shall be liberally construed so that substantial compliance therewith will be deemed satisfactory.

    (2) Unless the context clearly requires otherwise, for the purposes of this chapter, "local governmental entity" means a county, city, town, special district, municipal corporation as defined in RCW 39.50.010, ((or)) quasi-municipal corporation, or public hospital.

    (3) For the purposes of this chapter, "volunteer" is defined according to RCW 51.12.035.

    Sec. 2.  RCW 4.96.020 and 1993 c 449 s 3 are each amended to read as follows:

    (1) The provisions of this section apply to claims for damages against all local governmental entities.

    (2) The governing body of each local government entity shall appoint at least two individuals to receive any claim for damages made under this chapter.  The identity of each such individual and the address where he or she may be reached during normal business hours are public records and shall be recorded with the auditor of the county in which the entity is located.  All claims for damages against ((any such)) a local governmental entity ((for damages)) shall be presented to ((and filed with the governing body thereof)) such an appointed individual within the applicable period of limitations within which an action must be commenced.

    (3) All claims for damages arising out of tortious conduct must locate and describe the conduct and circumstances which brought about the injury or damage, describe the injury or damage, state the time and place the injury or damage occurred, state the names of all persons involved, if known, and shall contain the amount of damages claimed, together with a statement of the actual residence of the claimant at the time of presenting and filing the claim and for a period of six months immediately prior to the time the claim arose.  If the claimant is incapacitated from verifying, presenting, and filing the claim in the time prescribed or if the claimant is a minor, or is a nonresident of the state absent therefrom during the time within which the claim is required to be filed, the claim may be verified, presented, and filed on behalf of the claimant by any relative, attorney, or agent representing the claimant.

    (4) No action shall be commenced against any local governmental entity for damages arising out of tortious conduct until sixty days have elapsed after the claim has first been presented to and filed with the governing body thereof.  The applicable period of limitations within which an action must be commenced shall be tolled during the sixty-day period.

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