AN ACT Relating to local and state governmental liability; adding a new chapter to Title 4 RCW; creating a new section; and repealing RCW 4.92.090 and 4.96.010.

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

NEW SECTION. Sec. 1. The legislature intends that all local governmental entities shall only be liable for damages directly arising out of their tortious conduct and that of their employees whenever they are acting within the scope of their duties where such conduct involves activities or functions that are performed by both: (1) Persons and entities in the private sector and (2) governmental entities. It is not the intent of the legislature in establishing such liability to limit the effectiveness of local governmental entities providing services and regulating conduct, to the detriment of the public health, welfare, and safety. As a result of the expanding liability of local governmental entities under the existing law, it is necessary to provide that local governmental entities and their employees shall not be liable for damages resulting from their acts or omissions in the performance or failure to perform certain functions or activities.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise the definitions in this section apply throughout this chapter.

(1) "Building standard" means any state or local regulations controlling the design of buildings and appurtenances including, but not limited to, the state building code and rules governing electrical standards adopted by the department of labor and industries under chapter 19.28 RCW.

(2) "Development permit" means any permit, license, franchise, certificate, order to desist, or other authorization controlling the development of land or activities on land including, but not limited to, variances, conditional use permits, zoning designations, rezones, planned unit development permits, building permits, shoreline substantial development permits, plat approvals, short plat approvals, site plan approvals, or similar authorizations.

(3) "Employee" means an officer, employee, agent, or servant of a local governmental entity including elected or appointed officials, and persons acting on behalf of the local governmental entity in any official capacity, temporarily or permanently, whether or not compensated, but not including independent contractors or agents or employees of independent contractors.

(4) "Local governmental entity" means any unit of local government located in the state of Washington including, but not limited to, counties, cities, towns, special purpose districts, municipal corporations, quasi municipal corporations, and political subdivisions.

NEW SECTION. Sec. 3. Except as otherwise provided in section 4 of this act, the state and a local governmental entity shall not be liable for damages arising out of their tortious conduct, or that of their employees when acting within the scope of their duties, unless such conduct involves activities or functions that can be performed by persons and entities in the private sector.

NEW SECTION. Sec. 4. (1) The state or a local governmental entity, and their employees, shall not be liable for damages caused by or arising from any act or omission in the performance or failure to perform any of the following activities:

(a) The issuance, conditional issuance, failure to issue, approval, conditional approval, failure to approve, denial, suspension, or revocation of any development permit.

(b) Inspections or plan approvals which are made for the purpose of determining another's compliance with a building permit.

(c) The design of all features of any highway, sidewalk, ramp, dock, wharf, trail, path, or other way or structure for the conveyance or passage of vehicular, fixed-rail, pedestrian, or other traffic. This subdivision does not remove liability for failure to locate adequate warning signs for such structures or ways, or for failure to timely repair or restore such adequate warning signs. This subdivision does not remove liability for failure to timely provide normal repair or maintenance of such structures or ways.

(2) Nothing in this section alters or removes any immunities or areas where liability does not exist that are not referred to in this section.

NEW SECTION. Sec. 5. Section 1, chapter 136, Laws of 1961, section 2, chapter 159, Laws of 1963 and RCW 4.92.090 are each repealed.

NEW SECTION. Sec. 6. Section 1, chapter 164, Laws of 1967 and RCW 4.96.010 are each repealed.

NEW SECTION. Sec. 7. Sections 2 through 4 of this act shall constitute a new chapter in Title 4 RCW.

NEW SECTION. Sec. 8. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.