Washington Code 4.92.160 – Payment of claims and judgments
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Payment of claims and judgments arising out of tortious conduct or pursuant to 42 U.S.C. § 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 account whenever:
Terms Used In Washington Code 4.92.160
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Department: means the department of enterprise services. See Washington Code 4.92.006
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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, claims administration, and claims payment. See Washington Code 4.92.006
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(1) The head or governing body of any agency or department of state or the designee of any such agency certifies to the office of risk management that a claim has been settled; or
(2) The clerk of court has made and forwarded a certified copy of a final judgment in a court of competent jurisdiction and the attorney general certifies that the judgment is final and was entered in an action on a claim arising out of tortious conduct or under and pursuant to 42 U.S.C. § 1981 et seq. Payment of a judgment shall be made to the clerk of the court for the benefit of the judgment creditors. Upon receipt of payment, the clerk shall satisfy the judgment against the state.
[ 2011 1st sp.s. c 43 § 515; 2002 c 332 § 16; 1999 c 163 § 4; 1991 c 187 § 3; 1986 c 126 § 9; 1979 ex.s. c 144 § 3; 1979 c 151 § 5; 1975 1st ex.s. c 126 § 6; 1969 c 140 § 2; 1963 c 159 § 10.]
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.
Intent—1991 c 187: “It is the intent of the legislature that the tort claims revolving fund created under section 1 of this act have [has] the same purpose, use, and application as the tort claims revolving fund abolished effective July 1, 1989, by the legislature in chapter 419, Laws of 1989.” [ 1991 c 187 § 2.]
Severability—1969 c 140: See note following RCW 4.92.130.
Duty of clerk to forward copy of judgment: RCW 4.92.040.