SENATE 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

Senate Committee on Governmental Operations

Senate Hearing Date(s):March 20, 1989

Majority Report:  Do pass.

      Signed by Senators McCaslin, Chairman; Thorsness, Vice Chairman; Conner, Pullen, Sutherland.

Senate Staff:Barbara Howard (786-7410)

                  March 21, 1989

AS REPORTED BY COMMITTEE ON GOVERNMENTAL OPERATIONS, MARCH 20, 1989

BACKGROUND:

The general statute of limitations requires that lawsuits related to damages or injuries to persons or personal property must be filed within three years after the injury or damage has occurred.

A more specific law requires a claim for damages or injuries against a city or town to be filed with the governing body within 120 days of the date the damage occurred or injury was sustained.  Such claim statutes have been held to be unconstitutional by the Supreme Court on equal protection grounds because the time period for filing such notice was shorter than the statute of limitations.  However, the Supreme Court upheld a claim statute for the state where the time period for filing the claim is the same as the general statute of limitations.

SUMMARY:

A claim must be filed against a city or town during the period specified in the appropriate statute of limitations rather than 120 days after the occurrence of the injury or damage.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested

Senate Committee - Testified: Stan Finkelstein, AWC (pro)