SENATE BILL REPORT
SSB 6324
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
As Passed Senate, February 16, 2008
Title: An act relating to liability immunity for aerial search and rescue activities managed by the department of transportation.
Brief Description: Providing liability immunity for aerial search and rescue activities managed by the department of transportation.
Sponsors: Senate Committee on Transportation (originally sponsored by Senators Sheldon, Haugen and Shin).
Brief History:
Committee Activity: Transportation: 1/28/08, 1/29/08 [DPS].
Passed Senate: 2/16/08, 47-1.
SENATE COMMITTEE ON TRANSPORTATION
Majority Report: That Substitute Senate Bill No. 6324 be substituted therefor, and the substitute bill do pass.Signed by Senators Haugen, Chair; Marr, Vice Chair; Murray, Vice Chair; Swecker, Ranking Minority Member; Benton, Berkey, Delvin, Eide, Holmquist, Kastama, Kilmer, King, Pflug, Sheldon and Spanel.
Staff: Kelly Simpson (786-7403)
Background: Under current law, the Aviation Division of the Washington State Department of
Transportation (WSDOT) conducts and manages all aerial search and rescue activities within the
state that typically involves downed aircraft. However, as part of their emergency management
responsibilities, local law enforcement officers generally manage those aerial search and rescue
activities that support ground missions (e.g., missing persons or downed aircraft when ground
personnel are used). Search and rescue activities managed by either the state or local
governments often involve the use of volunteers.
HB 1073, enacted during the 2007 Legislative Session, provides liability immunity for certain
volunteer emergency workers while engaged in emergency management activities, including
search and rescue activities. However, the liability immunity was provided only to those
volunteers managed by a local emergency management organization or the state Military
Department. HB 1073 did not specifically cover aerial search and rescue personnel managed by
the WSDOT Aviation Division.
Summary of Substitute Bill: Persons registered with the WSDOT Aviation Division, and engaged in aerial search and rescue activities managed by WSDOT, are generally immune from liability for civil damages resulting from the activities. WSDOT is also immune from such liability.
Appropriation: None.
Fiscal Note: Not requested.
Committee/Commission/Task Force Created: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony: PRO: Search and rescue personnel provide a valuable service to communities and should be protected as they conduct their work. This bill provides equity with those search and rescue personnel that received similar liability protection in last year's legislation. This bill will reduce tort judgments applicable to the Department of Transportation.
Persons Testifying: PRO: Tom Jensen, Gary Evans, Al Banholzer, WA Air Search & Rescue; John Sibold, WSDOT; Chris Long, WA Military Dept., Emergency Mgt. Division.