BILL REQ. #:  S-0961.1 

Read first time 01/29/2003.   Referred to Committee on Judiciary.

     AN ACT Relating to the tortious conduct of the state and its municipalities and liability for its governmental functions; and amending RCW 4.92.090 and 4.96.010.

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

Sec. 1   RCW 4.92.090 and 1963 c 159 s 2 are each amended to read as follows:
     The state of Washington, ((whether)) while acting in its ((governmental or)) proprietary capacity, shall be liable for damages arising out of its tortious conduct to the same extent as if it were a private person or corporation. While acting in its governmental capacity, the state is liable only to the extent that the actions or omissions of its officers, employees, or agents constitute gross negligence. For purposes of this section, "gross negligence" means the failure to exercise slight care. "Governmental capacity" includes, but is not limited to, the supervision of offenders, protection of vulnerable citizens, fire fighting, police activities, and highway design and construction.

Sec. 2   RCW 4.96.010 and 2001 c 119 s 1 are each amended to read as follows:
     (1) All local governmental entities, ((whether)) acting in a ((governmental or)) proprietary capacity, shall be liable for damages arising out of their tortious conduct, or the tortious conduct of their past or present officers, employees, or volunteers while performing or in good faith purporting to perform their official duties, to the same extent as if they were a private person or corporation. While acting in its governmental capacity, local governmental entities are liable only to the extent that the actions or omissions of its officers, employees, or agents constitute gross negligence. "Governmental capacity" includes, but is not limited to, the supervision of offenders, protection of vulnerable citizens, fire fighting, police activities, and highway design and construction. Filing a claim for damages within the time allowed by law shall be a condition precedent to the commencement of any action claiming damages. The laws specifying the content for such claims shall be liberally construed so that substantial compliance therewith will be deemed satisfactory.
     (2) Unless the context clearly requires otherwise, for the purposes of this chapter, "local governmental entity" means a county, city, town, special district, municipal corporation as defined in RCW 39.50.010, quasi-municipal corporation, or public hospital.
     (3) For the purposes of this chapter, "volunteer" is defined according to RCW 51.12.035.
     (4) For purposes of this chapter, "gross negligence" means the failure to exercise slight care.