HOUSE BILL REPORT

HB 1163

BYRepresentatives Haugen and Ferguson

Modifying the time period applying to filing of claims against noncharter cities and towns.

House Committe on Local Government

Majority Report:  Do pass.  (13)

      Signed by Representatives Haugen, Chair; Cooper, Vice Chair; Ferguson, Ranking Republican Member; Horn, Nealey, Nelson, Nutley, Phillips, Raiter, Rayburn, Todd, Wood and Zellinsky.

House Staff:Steve Lundin (786-7127)

AS PASSED HOUSE FEBRUARY 10, 1989

BACKGROUND:

The statute of limitations for filing lawsuits related to damages or injuries to persons or personal property is three years after the injury or damage has occurred, i.e., a lawsuit relating to such damages or injuries must be filed within three years of the occurrence of the injury or damages.

A claim for damages or injuries against a city or town is required to be filed with the governing body of the city or town within 120 days of the date the damage occurred or injury was sustained.  Claim statutes like this have been held by the supreme court to be unconstitutional if the time period for filing such notice is shorter than the statute of limitations. However, the Supreme Court held that a claim statute for the state is constitutional if the time period for filing the claim is the same as the statute of limitations.

SUMMARY:

The time within which a special claim must be filed with a city or town, notifying the city or town that an injury or damage has been sustained, is altered from 120 days after the occurrence of the injury or damage to whatever the period is for the statute of limitations for filing a lawsuit for the injury or damage.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Stan Finkelstein, Association of Washington Cities; and Gayla Gjertsen, City of Milton.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The Town of Milton followed the old city and town notice statute, and tried to reject the special notice of an injury that was filed after the 120 day period.  This change will make the special notice statute constitutional.

House Committee - Testimony Against:      None Presented.