ESHB 1553 -
By Senators Kline, Fairley
ADOPTED 04/22/2009
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 chapter.
(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. A claim is deemed presented
when the claim form is delivered in person or is received by the agent
by regular mail, registered mail, or certified mail, with return
receipt requested, to the agent or other person designated to accept
delivery at the agent's office. 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.)) For claims for damages presented after the
effective date of this section, all claims for damages must be
presented on the standard tort claim form that is maintained by the
risk management division of the office of financial management, except
as allowed under (c) of this subsection. The standard tort claim form
must be posted on the office of financial management's web site.
(a) The standard tort claim form must, at a minimum, require the
following information:
(i) The claimant's name, date of birth, and contact information;
(ii) A description of the conduct and the circumstances that
brought about the injury or damage;
(iii) A description of the injury or damage;
(iv) A statement of the time and place that the injury or damage
occurred;
(v) A listing of the names of all persons involved and contact
information, if known;
(vi) A statement of the amount of damages claimed; and
(vii) A statement of the actual residence of the claimant at the
time of presenting the claim and at the time the claim arose.
(b) The standard tort claim form must be signed either:
(i) By the claimant, verifying the claim;
(ii) Pursuant to a written power of attorney, by the attorney in
fact for the claimant;
(iii) By an attorney admitted to practice in Washington state on
the claimant's behalf; or
(iv) By a court-approved guardian or guardian ad litem on behalf of
the claimant.
(c) Local governmental entities shall make available the standard
tort claim form described in this section with instructions on how the
form is to be presented and the name, address, and business hours of
the agent of the local governmental entity. If a local governmental
entity chooses to also make available its own tort claim form in lieu
of the standard tort claim form, the form:
(i) May require additional information beyond what is specified
under this section, but the local governmental entity may not deny a
claim because of the claimant's failure to provide that additional
information;
(ii) Must not require the claimant's social security number; and
(iii) Must include instructions on how the form is to be presented
and the name, address, and business hours of the agent of the local
governmental entity appointed to receive the claim.
(d) If any claim form provided by the local governmental entity
fails to require 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 present the
claim to the proper designated agent.
(e) Presenting either the standard tort claim form or the local
government tort claim form satisfies the requirements of this chapter.
(f) The amount of damages stated on the claim form is not
admissible at trial.
(4) No action subject to the claim filing requirements of this
section 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 agent of 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. For the purposes of the applicable period of
limitations, an action commenced within five court days after the sixty
calendar day period has elapsed is deemed to have been presented on the
first day after the sixty calendar day period elapsed.
(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, 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.)) Claims
involving injuries from health care are governed solely by the
procedures set forth in chapter 7.70 RCW and are exempt from this
chapter. A claim is deemed presented when the claim form is delivered
in person or by regular mail, registered mail, or certified mail, with
return receipt requested, to the risk management division. For claims
for damages presented after the effective date of this section, all
claims for damages must be presented on the standard tort claim form
that is maintained by the risk management division. The standard tort
claim form must be posted on the office of financial management's web
site.
(a) The standard tort claim form must, at a minimum, require the
following information:
(i) The claimant's name, date of birth, and contact information;
(ii) A description of the conduct and the circumstances that
brought about the injury or damage;
(iii) A description of the injury or damage;
(iv) A statement of the time and place that the injury or damage
occurred;
(v) A listing of the names of all persons involved and contact
information, if known;
(vi) A statement of the amount of damages claimed; and
(vii) A statement of the actual residence of the claimant at the
time of presenting the claim and at the time the claim arose.
(b) The standard tort claim form must be signed either:
(i) By the claimant, verifying the claim;
(ii) Pursuant to a written power of attorney, by the attorney in
fact for the claimant;
(iii) By an attorney admitted to practice in Washington state on
the claimant's behalf; or
(iv) By a court-approved guardian or guardian ad litem on behalf of
the claimant.
(c) 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
described in this section with instructions on how the form is to be
presented and the name, address, and business hours of the risk
management division. The standard tort claim form must not list the
claimant's social security number and must not require information not
specified under this section.
(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 filing 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. For the purposes of the applicable period of limitations, an
action commenced within five court days after the sixty calendar day
period has elapsed is deemed to have been presented on the first day
after the sixty calendar day period elapsed."
ESHB 1553 -
By Senators Kline, Fairley
ADOPTED 04/22/2009
On page 1, line 2 of the title, after "entities;" strike the remainder of the tile and insert "and amending RCW 4.96.020, 4.92.100, and 4.92.110."