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ENGROSSED HOUSE BILL 1530
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Passed Legislature - 2001 Regular Session
State of Washington 57th Legislature 2001
Regular Session
By
Read first time 01/29/2001. Referred to
Committee on Judiciary.
Providing for the
appointment of an agent to receive claims against local government 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 an agent to receive any
claim for damages made under this chapter. The identity of the agent and the
address where he or she may be reached during the normal business hours of the
local governmental entity 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)) the agent 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.
