S-3525               _______________________________________________

                                                   SENATE BILL NO. 6401

                        _______________________________________________

State of Washington                              50th Legislature                              1988 Regular Session

By Senators Pullen, Moore, Bluechel, Bauer, DeJarnatt and Hansen

Read first time 1/20/88 and referred to Committee on Law & Justice.

AN ACT Relating to limitations on actions on contracts and agreements; and amending RCW 4.16.040 and 4.16.080.

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

        Sec. 1.  Section 3, page 363, Laws of 1854 as last amended by section 2, chapter 105, Laws of 1980 and RCW 4.16.040 are each amended to read as follows:

          Within six years:

          (1) An action upon a contract ((in writing,)) or liability, express or implied arising out of ((a written)) an agreement, written or otherwise.

           (2) An action for the rents and profits or for the use and occupation of real estate.

        Sec. 2.  Section 4, page 363, Laws of 1854 as last amended by section 1, chapter 127, Laws of 1937 and RCW 4.16.080 are each amended to read as follows:

          Within three years:

          (1) An action for waste or trespass upon real property;

          (2) An action for taking, detaining, or injuring personal property, including an action for the specific recovery thereof, or for any other injury to the person or rights of another not hereinafter enumerated;

          (3) ((An action upon a contract or liability, express or implied, which is not in writing, and does not arise out of any written instrument;

          (4))) An action for relief upon the ground of fraud, the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud;

          (((5))) (4) An action against a sheriff, coroner, or constable upon a liability incurred by the doing of an act in his official capacity and by virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution; but this subdivision shall not apply to action for an escape;

          (((6))) (5) An action against an officer charged with misappropriation or a failure to properly account for public funds intrusted to his custody; an action upon a statute for penalty or forfeiture, where an action is given to the party aggrieved, or to such party and the state, except when the statute imposing it prescribed a different limitation:  PROVIDED, HOWEVER, The cause of action for such misappropriation, penalty or forfeiture, whether for acts heretofore or hereafter done, and regardless of lapse of time or existing statutes of limitations, or the bar thereof, even though complete, shall not be deemed to accrue or to have accrued until discovery by the aggrieved party of the act or acts from which such liability has arisen or shall arise, and such liability, whether for acts heretofore or hereafter done, and regardless of lapse of time or existing statute of limitation, or the bar thereof, even though complete, shall exist and be enforceable for three years after discovery by aggrieved party of the act or acts from which such liability has arisen or shall arise.

          (((7))) (6) An action for seduction and breach of promise to marry.