Z-781                 _______________________________________________

                                                   HOUSE BILL NO. 1223

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives R. Fisher, McLean, Fraser and Miller; by request of Secretary of State

Read first time 1/18/89 and referred to Committee on State Government.

AN ACT Relating to filing of interlocal cooperation agreements; and amending RCW 39.34.040.

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

        Sec. 1.  Section 5, chapter 239, Laws of 1967 and RCW 39.34.040 are each amended to read as follows:

          Prior to its entry into force, an agreement made pursuant to this chapter shall be filed with the city clerk and county auditor ((and with the secretary of state)).  In the event that an agreement entered into pursuant to this chapter is between or among one or more public agencies of this state and one or more public agencies of another state or of the United States said agreement shall have the status of an interstate compact, but in any case or controversy involving performance or interpretation thereof or liability thereunder, the public agencies party thereto shall be real parties in interest and the state may maintain an action to recoup or otherwise make itself whole for any damages or liability which it may incur by reason of being joined as a party therein.  Such action shall be maintainable against any public agency or agencies whose default, failure of performance, or other conduct caused or contributed to the incurring of damage or liability by the state.