(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 action, the clerk of the court shall
make and furnish to the office of risk management a duly
certified copy of such judgment; the office of risk management
shall thereupon audit the amount of damages and costs therein
awarded, and the same shall be paid from appropriations
specifically provided for such purposes by law.
(4) Final judgments for which there are no provisions in
state law for payment shall be transmitted by the office of risk
management to the senate and house of representatives committees
on ways and means as follows:
(a) On the first day of each session of the legislature, the
office of risk management shall transmit judgments received and
audited since the adjournment of the previous session of the
legislature.
(b) During each session of legislature, the office of risk
management shall transmit judgments immediately upon completion
of audit.
(5) All claims, other than judgments, made to the
legislature against the state of Washington for money or
property, shall be accompanied by a statement of the facts on
which such claim is based and such evidence as the claimant
intends to offer in support of the claim and shall be filed with
the office of risk management, which shall retain the same as a
record. All claims of two thousand dollars or less shall be
approved or rejected by the office of risk management, and if
approved shall be paid from appropriations specifically provided
for such purpose by law. Such decision, if adverse to the
claimant in whole or part, shall not preclude the claimant from
seeking relief from the legislature. If the claimant accepts any
part of his or her claim which is approved for payment by the
office of risk management, such acceptance shall constitute a
waiver and release of the state from any further claims relating
to the damage or injury asserted in the claim so accepted. The
office of risk management shall submit to the house and senate
committees on ways and means, at the beginning of each regular
session, a comprehensive list of all claims paid pursuant to this
subsection during the preceding year. For all claims not
approved by the office of risk management, the office of risk
management shall recommend to the legislature whether such claims
should be approved or rejected. Recommendations shall be
submitted to the senate and house of representatives committees
on ways and means not later than the thirtieth day of each
regular session of the legislature. Claims which cannot be
processed for timely submission of recommendations shall be held
for submission during the following regular session of the
legislature. The recommendations shall include, but not be
limited to:
(a) A summary of the facts alleged in the claim, and a
statement as to whether these facts can be verified by the office
of risk management;
(b) An estimate by the office of risk management of the
value of the loss or damage which was alleged to have occurred;
(c) An analysis of the legal liability, if any, of the state
for the alleged loss or damage; and
(d) A summary of equitable or public policy arguments which
might be helpful in resolving the claim.
(6) The legislative committees to whom such claims are
referred shall make a transcript, recording, or statement of the
substance of the evidence given in support of such a claim. If
the legislature approves a claim the same shall be paid from
appropriations specifically provided for such purpose by law.
(7) Subsections (3) through (6) of this section do not apply
to judgments or claims against the state housing finance
commission created under chapter 43.180 RCW.
[2011 1st sp.s. c 43 § 512; 2002 c 332 § 11; 1999 c 163 § 3; 1986 c 126 § 4; 1983 c 161 § 28; 1979 ex.s. c 167 § 1; 1979 c 151 § 2; 1977 ex.s. c 144 § 1; 1963 c 159 § 6; 1895 c 95 § 4; RRS § 889.]
NOTES:
Effective date -- Purpose -- 2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Intent -- Effective date -- 2002 c 332: See notes following RCW 43.19.760.
Effective date -- 1999 c 163: See note following RCW 4.92.130.
Severability -- Effective dates -- 1983 c 161: See RCW 43.180.903 and 43.180.904.