SENATE BILL REPORT

SB 6749

BYSenators Patrick, Rasmussen, Thorsness, Hansen and McCaslin

Altering limitation of actions on law challenges.

Senate Committee on Law & Justice

Senate Hearing Date(s):February 2, 1990

Senate Staff:Vicki E. Schur (786-7415)

AS OF JANUARY 31, 1990

BACKGROUND:

In a class action suit, a court held that fees collected from developers which were paid to tenants to relocate pursuant to a Seattle housing preservation ordinance were illegal and ordered that the fees be repaid.  The cause of action had a three-year statute of limitations which barred recovery of the fees by some but not all of the developers.

SUMMARY:

There is no statute of limitations for actions which seek to invalidate a law on statutory or constitutional grounds and damages or refunds based on enforcement.  The statute of limitations begins to run from the time the law is held invalid by the highest court rendering a decision.

Appropriation:  none

Revenue:   none

Fiscal Note:    requested January 31, 1990