BILL REQ. #:  Z-0190.1 

Read first time 01/21/13.   Referred to Committee on Law & Justice.

     AN ACT Relating to electronic presentment of claims against the state arising out of tortious conduct; and amending RCW 4.92.100.

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

Sec. 1   RCW 4.92.100 and 2012 c 250 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, must be presented to the office of risk management ((division)). 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 or as an attachment to electronic mail or by fax, to the office of risk management ((division)). For claims for damages presented after July 26, 2009, all claims for damages must be presented on the standard tort claim form that is maintained by the office of risk management ((division)). The standard tort claim form must be posted on the ((office of financial management's)) department of enterprise services' 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)(i) The standard tort claim form must be signed either:
     (((i))) (A) By the claimant, verifying the claim;
     (((ii))) (B) Pursuant to a written power of attorney, by the attorney in fact for the claimant;
     (((iii))) (C) By an attorney admitted to practice in Washington state on the claimant's behalf; or
     (((iv))) (D) By a court-approved guardian or guardian ad litem on behalf of the claimant.
     (ii) For the purpose of this subsection (1)(b), when the claim form is presented electronically it must bear an electronic signature in lieu of a written original signature. An electronic signature means a facsimile of an original signature that is affixed to the claim form and executed or adopted by the person with the intent to sign the document.
     (iii) When an electronic signature is used and the claim is submitted as an attachment to electronic mail, the conveyance of that claim must include the date, time the claim was presented, and the internet provider's address from which it was sent. The attached claim form must be a format approved by the office of risk management.
     (iv) When an electronic signature is used and the claim is submitted using via a facsimile machine, the conveyance must include the date, time the claim was submitted, and the fax number from which it was sent.
     (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 office of 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. The claim form and the instructions for completing the claim form must provide the United States mail, physical, and electronic addresses and numbers where the claim can be presented.
     (3) 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.