ESHB 1553 -
By Committee on Government Operations & Elections
NOT ADOPTED 04/16/2009
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 4.96.020 and 2006 c 82 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 and their officers, employees,
or volunteers, acting in such capacity, except that claims involving
injuries from health care are governed solely by the procedures set
forth in chapter 7.70 RCW and are exempt from this section.
(2) The governing body of each local governmental 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
a local governmental entity, or against any local governmental entity's
officers, employees, or volunteers, acting in such capacity, shall be
presented to the agent within the applicable period of limitations
within which an action must be commenced. Presentation is accomplished
by delivery to the agent or other person designated to accept delivery
at the agent's office, by registered mail, or by certified mail, return
receipt requested. The failure of a local governmental entity to
comply with the requirements of this section precludes that local
governmental entity from raising a defense under this chapter.
(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.)) All claims for damages must be presented
on the standard tort claim form, maintained by the risk management
division of the office of financial management and on its web site, and
be adopted by the local government, and must: Describe the conduct and
the circumstances that brought about the injury or damage; describe the
injury or damage; state the time and place that the injury or damage
occurred; state the names of all persons involved, if known; and
contain the amount of damages claimed, together with a statement of the
actual residence of the claimant at the time of presenting the claim
and at the time the claim arose. The claim form must not list the
claimant's social security number and must not require information not
specified under this section. The claim must be signed: (a) By the
party making the claim; (b) by the claimant's parent, guardian, or
personal representative; (c) by a person with a written power of
attorney; or (d) by an attorney admitted to practice in Washington
state on the claimant's behalf. Local governmental entities must make
available the standard tort claim form with instructions on how the
form is to be presented, as well as the name, address, and business
hours of the agent of the local governmental entity. If the claim form
provided by the local governmental entity fails to seek the information
specified in this section or incorrectly lists the agent with whom the
claim is to be filed, the local governmental entity is deemed to have
waived any defense related to the failure to provide that specific
information or to file with the proper designated agent. The amount of
damages stated on the claim form is not admissible at trial.
(4) No action shall be commenced against any local governmental
entity, or against any local governmental entity's officers, employees,
or volunteers, acting in such capacity, for damages arising out of
tortious conduct until sixty calendar 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((-)) calendar day
period. An action commenced within five business days after the sixty
calendar day period has elapsed will be deemed timely.
(5) With respect to the content of claims under this section and
all procedural requirements in this section, this section must be
liberally construed so that substantial compliance will be deemed
satisfactory.
Sec. 2 RCW 4.92.100 and 2006 c 82 s 1 are each amended to read as
follows:
(1) All claims against the state, or against the state's officers,
employees, or volunteers, acting in such capacity, for damages arising
out of tortious conduct, except for claims involving injuries from
health care, which are governed solely by the procedures set forth in
chapter 7.70 RCW and are exempt from this section, shall be presented
to ((and filed with)) the risk management division. ((All such claims
shall be verified and shall accurately 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 or if the claimant is a minor, or is
a nonresident of the state, the claim may be verified, presented, and
filed on behalf of the claimant by any relative, attorney, or agent
representing the claimant.)) Presentation is accomplished by delivery
to the risk management division, by registered mail, or by certified
mail, return receipt requested. All claims for damages must be
presented on the standard tort claim form, maintained by the risk
management division and on its web site, and must: Describe the
conduct and the circumstances that brought about the injury or damage;
describe the injury or damage; state the date, time, and place that the
injury or damage occurred; state the names of all persons involved, if
known; and contain the amount of damages claimed, together with a
statement of the actual residence of the claimant at the time of
presenting the claim and at the time the claim arose. The claim form
must not list the claimant's social security number and must not
require information not specified under this section. The claim must
be signed: (a) By the party making the claim; (b) by the claimant's
parent, guardian, or personal representative; (c) by a person with a
written power of attorney; or (d) by an attorney admitted to practice
in Washington state on the claimant's behalf. The amount of damages
stated on the claim form is not admissible at trial.
(2) The state shall make available the standard tort claim form
with instructions on how the form is to be presented, as well as the
name, address, and business hours of the risk management division.
(3) With respect to the content of ((such)) claims under this
section and all procedural requirements in this section, this section
((shall)) must be liberally construed so that substantial compliance
will be deemed satisfactory.
Sec. 3 RCW 4.92.110 and 2006 c 82 s 2 are each amended to read as
follows:
No action subject to the claim presentation requirements of RCW
4.92.100 shall be commenced against the state, or against any state
officer, employee, or volunteer, acting in such capacity, for damages
arising out of tortious conduct until sixty calendar days have elapsed
after the claim is presented to ((and filed with)) the risk management
division. The applicable period of limitations within which an action
must be commenced shall be tolled during the sixty ((-)) calendar day
period. An action commenced within five business days after the sixty
calendar day period has elapsed is deemed timely."
ESHB 1553 -
By Committee on Government Operations & Elections
NOT ADOPTED 04/16/2009
On page 1, line 2 of the title, after "entities;" strike the remainder of the title and insert "and amending RCW 4.96.020, 4.92.100, and 4.92.110."