H-504                _______________________________________________


                                                   HOUSE BILL NO. 1163



                                                                            C 074 L 89



State of Washington                               51st Legislature                              1989 Regular Session


By Representatives Haugen and Ferguson



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



AN ACT Relating to the presentment and filing of claims; and amending RCW 35.31.040.




        Sec. 1.  Section 35.31.040, chapter 7, Laws of 1965 as amended by section 13, chapter 164, Laws of 1967 and RCW 35.31.040 are each amended to read as follows:

          All claims for damages against noncharter cities and towns must be presented to the city or town council and filed with the city or town clerk within ((one hundred and twenty days from the date that the damage occurred or the injury was sustained:  PROVIDED, That if the claimant is incapacitated from verifying and filing his claim for damages within said time limitation, or if the claimant is a minor, then the claim may be verified and presented on behalf of the claimant by any relative or attorney or agent representing the injured person)) the period specified in the appropriate statute of limitations.

          No ordinance or resolution shall be passed allowing such claim or any part thereof, or appropriating any money or other property to pay or satisfy the same or any part thereof, until the claim has first been referred to the proper department or committee, nor until such department or committee has made its report to the council thereon pursuant to such reference.

          All such claims for damages must accurately locate and describe the defect that caused the injury, reasonably describe the injury and state the time when it occurred, give the residence for six months last past of claimant, contain the item of damages claimed and be sworn to by the claimant or a relative, attorney or agent of the claimant.

          No action shall be maintained against any such city or town for any claim for damages until the same has been presented to the council and sixty days have elapsed after such presentation.

                                                                                                                      Passed the House February 10, 1989.


                                                                                                                                         Speaker of the House.


                                                                                                                             Passed the Senate April 4, 1989.


                                                                                                                                       President of the Senate.