Wash. Rev. Code § 4.92.005
"Volunteer"—Definition
For the purposes of RCW 4.92.060, 4.92.070, 4.92.130, * 4.92.140, and 4.92.150, volunteer is defined in RCW 51.12.035.
Revised Code of Washington Chapter 4.92 — Actions and Claims Against State
Washington · statute · Wash. Rev. Code ch. 4.92 · 29 active provisions
Wash. Rev. Code § 4.92.006
Definitions
As used in this chapter:(1) "Department" means the department of enterprise services.(2) "Director" means the director of enterprise services.(3) "Office of risk management" means the office within the department of enterprise services that carries out the powers and duties under this chapter relating to claim filing,…
Wash. Rev. Code § 4.92.010
Where brought—Change of venue
Any person or corporation having any claim against the state of Washington shall have a right of action against the state in the superior court.The venue for such actions shall be as follows:(1) The county of the residence or principal place of business of one or more of the plaintiffs;(2) The county where the cause of…
Wash. Rev. Code § 4.92.020
Service of summons and complaint
Service of summons and complaint in such actions shall be served in the manner prescribed by law upon the attorney general, or by leaving the summons and complaint in the office of the attorney general with an assistant attorney general.
Wash. Rev. Code § 4.92.030
Duties of attorney general—Procedure
The attorney general or an assistant attorney general shall appear and act as counsel for the state. The action shall proceed in all respects as other actions. Appellate review may be sought as in other actions or proceedings, but in case review is sought by the state, no bond shall be required of the appellant.
Wash. Rev. Code § 4.92.040
Judgments—Claims to legislature against state—Payment procedure—Inapplicability to judgments and claims against housing finance commission
(1) No execution shall issue against the state on any judgment.(2) Whenever a final judgment against the state is obtained in an action on a claim arising out of tortious conduct, the claim shall be paid from the liability account.(3) Whenever a final judgment against the state shall have been obtained in any other act…
Wash. Rev. Code § 4.92.050
Limitations
All provisions of law relating to the limitations of personal actions shall apply to claims against the state, but the computation of time thereunder shall not begin until RCW 4.92.010 through 4.92.050 shall have become a law.
Wash. Rev. Code § 4.92.060
Action against state officers, employees, volunteers, or foster parents—Request for defense
Whenever an action or proceeding for damages shall be instituted against any state officer, including state elected officials, employee, volunteer, or foster parent licensed in accordance with chapter 74.15 RCW, arising from acts or omissions while performing, or in good faith purporting to perform, official duties, or…
Wash. Rev. Code § 4.92.070
Actions against state officers, employees, volunteers, or foster parents—Defense by attorney general—Legal expenses
If the attorney general shall find that said officer, employee, or volunteer's acts or omissions were, or were purported to be in good faith, within the scope of that person's official duties, or, in the case of a foster parent, that the occurrence arose from the good faith provision of foster care services, said reque…
Wash. Rev. Code § 4.92.075
Action against state officers, employees, or volunteers—Judgment satisfied by state
When a state officer, employee, or volunteer has been represented by the attorney general pursuant to RCW 4.92.070, and the body presiding over the action or proceeding has found that the officer, employee, or volunteer was acting within the scope of his or her official duties, and a judgment has been entered against t…
Wash. Rev. Code § 4.92.080
Bond not required of state
No bond shall be required of the state of Washington for any purpose in any case in any of the courts of the state of Washington and the state of Washington shall be, on proper showing, entitled to any orders, injunctions and writs of whatever nature without bond notwithstanding the provisions of any existing statute r…
Wash. Rev. Code § 4.92.090
Tortious conduct of state—Liability for damages
The state of Washington, whether 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.
Wash. Rev. Code § 4.92.100
Tortious conduct of state or its agents—Claims—Presentment and filing—Contents
(1) All claims against the state, or against the state's officers, employees, or volunteers, acting in such capacity, for damages arising out of tortious conduct, must be presented to the office of risk management. A claim is deemed presented when the claim form is delivered in person or by regular mail, registered mai…
Wash. Rev. Code § 4.92.110
Tortious conduct of state or its agents—Presentment and filing of claim prerequisite to suit
No action subject to the claim filing requirements of RCW 4.92.100 shall be commenced against the state, or against any state officer, employee, or volunteer, acting in such capacity, for damages arising out of tortious conduct until sixty calendar days have elapsed after the claim is presented to the office of risk ma…
Wash. Rev. Code § 4.92.120
Tortious conduct of state—Assignment of claims
Claims against the state arising out of tortious conduct may be assigned voluntarily, involuntarily, and by operation of law to the same extent as like claims against private persons may be so assigned.
Wash. Rev. Code § 4.92.130
Tortious conduct of state—Liability account—Purpose
A liability account in the custody of the treasurer is hereby created as a nonappropriated account to be used solely and exclusively for the payment of liability settlements and judgments against the state under 42 U.S.C. Sec. 1981 et seq. or for the tortious conduct of its officers, employees, and volunteers and all r…
Wash. Rev. Code § 4.92.150
Compromise and settlement of claims by attorney general
After commencement of an action in a court of competent jurisdiction upon a claim against the state, or any of its officers, employees, or volunteers arising out of tortious conduct or pursuant to 42 U.S.C. Sec. 1981 et seq., or against a foster parent that the attorney general is defending pursuant to RCW 4.92.070, or…
Wash. Rev. Code § 4.92.160
Payment of claims and judgments
Payment of claims and judgments arising out of tortious conduct or pursuant to 42 U.S.C. Sec. 1981 et seq. shall not be made by any agency or department of state government with the exception of the office of risk management, and that office shall authorize and direct the payment of moneys only from the liability accou…
Wash. Rev. Code § 4.92.175
Action against state patrol officers in private law enforcement off-duty employment—Immunity of state—Notice to employer
(1) The state of Washington is not liable for tortious conduct by Washington state patrol officers that occurs while such officers are engaged in private law enforcement off-duty employment.(2) Upon petition of the state any suit, for which immunity is granted to the state under subsection (1) of this section, shall be…
Wash. Rev. Code § 4.92.180
State, local governments not liable for injury to unauthorized third-party occupant of state or local government vehicle
(1) The state and local governments are not liable for any injury received by a third-party occupant of a vehicle that is owned, leased, or rented by the state or local government if, at the time the injuries were inflicted, the third-party occupant was:(a) Riding in or on the vehicle with a state or local government e…
Wash. Rev. Code § 4.92.200
Actions against state on state warrant appearing to be redeemed—Claim required—Time limitation
No action shall be commenced against the state on account of any state warrant appearing to have been redeemed unless a claim has been presented and filed with the state treasurer within six years of the date of issuance of such warrant. The requirements of this section shall not extend or modify the period of limitati…
Wash. Rev. Code § 4.92.210
Risk management—Review of claims—Settlements
(1) All liability claims arising out of tortious conduct or under 42 U.S.C. Sec. 1981 et seq. that the state of Washington or any of its officers, employees, or volunteers would be liable for shall be filed with the office of risk management.(2) A centralized claim tracking system shall be maintained to provide agencie…
Wash. Rev. Code § 4.92.220
Risk management administration account. (Effective until June 30, 2033.)
(1) The risk management administration account is created in the custody of the state treasurer. All receipts from appropriations and assessments shall be deposited into the account. Only the director or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures…
Wash. Rev. Code § 4.92.240
Rules
The director has the power to adopt rules necessary to carry out the intent of this chapter.
Wash. Rev. Code § 4.92.250
Risk management—Risk manager may delegate powers and duties
The risk manager may delegate to a state agency the authority to carry out any powers or duties of the risk manager under this chapter related to claims administration and purchase of insurance for the purpose of protecting any classes of officers, employees, or for other persons performing services for the state. Such…
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