BILL REQ. #:  H-0567.2 

Read first time 01/23/09.   Referred to Committee on Judiciary.

     AN ACT Relating to claims for damages against the state and local governmental entities; and amending RCW 4.96.020, 4.92.100, and 4.92.110.

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

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.
     (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 authorized to accept delivery at the agent's office, or 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.)) 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 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 must be signed and verified (a) by the party making the claim, (b) pursuant to a written power of attorney by the attorney in fact, or (c) by an attorney admitted to practice in Washington state on the claimant's behalf. If the claimant is incapacitated from verifying((,)) and 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)) presented, the claim may be verified((,)) and presented((, and filed)) on behalf of the claimant by any relative, attorney, or agent representing the claimant. Local governmental entities 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 agent of the local governmental entity. The claim form must not list the claimant's social security number or date of birth and must not require information not specified under this section. If the claim form provided by the local governmental entity fails to seek the information specified in this section or incorrectly lists the agent to 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 is deemed timely.
     (5) With respect to the content of claims under this section and all procedural requirements in this chapter, this section must be liberally construed so that substantial compliance will be deemed satisfactory. A claim must not be dismissed for noncompliance absent bad faith by the claimant and actual prejudice to the local government entity, or its officers, employees, or volunteers acting in such capacity.
     (6) Making a written, good faith request for mediation of a claim before filing a cause of action under this chapter tolls the applicable statute of limitations for one year.

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 that are governed solely by the procedures set forth in chapter 7.70 RCW, 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.)) Presentation is accomplished by service upon the agent by any person competent to serve a summons or by registered mail. 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 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 must be signed and verified by (a) the party making the claim, (b) pursuant to a written power of attorney by the attorney in fact, or (c) by an attorney admitted to practice in Washington state on the claimant's behalf. If the claimant is incapacitated from verifying((,)) and presenting((, and filing)) the claim or if the claimant is a minor, or is a nonresident of the state, the claim may be verified((,)) and presented((, and filed)) on behalf of the claimant by any relative, attorney, or agent representing the claimant. 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. The claim form must not list the claimant's social security number or date of birth 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 chapter, this section ((shall)) must be liberally construed so that substantial compliance will be deemed satisfactory. A claim must not be dismissed for noncompliance absent bad faith by the claimant and actual prejudice to the state.

Sec. 3   RCW 4.92.110 and 2006 c 82 s 2 are each amended to read as follows:
     (1) No action subject to the claim presentation and 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. An action commenced within five business days after the sixty calendar day period has elapsed is deemed timely.
     (2) Making a written, good faith request for mediation of a claim before filing a cause of action under this chapter tolls the applicable statute of limitations for one year.