S-1325.1          _______________________________________________

                                 SENATE BILL 5645

                  _______________________________________________

State of Washington              52nd Legislature             1991 Regular Session

By Senators Thorsness and Williams.

Read first time February 12, 1991.  Referred to Committee on Energy & Utilities.Changing liability of handlers of low-level waste.

     AN ACT Relating to liability of handlers of low-level radioactive waste; and amending RCW 43.200.210 and 70.98.095.

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

     Sec. 1.  RCW 43.200.210 and 1990 c 82 s 2 are each amended to read as follows:

     (1)(a) The department of ecology shall require that any person who holds or applies for a permit under this chapter indemnify and hold harmless the state from claims, suits, damages, or expenses on account of injuries to or death of persons and property, arising or growing out of any acts or omissions of the person or the person's agents or employees in any operations and activities for which the person holds the ((license or)) permit, and any necessary or incidental operations.

     (b) Except for a permit holder not required to maintain liability insurance coverage under RCW 43.200.200(7), the department shall require any person who holds or applies for a permit under this chapter to demonstrate that the person has and maintains liability coverage for the operations for which the state has been indemnified and held harmless pursuant to this section.  The agency shall require coverage in an amount determined by the director of the department of ecology pursuant to RCW 43.200.200.

     (2) The department of ecology shall suspend the ((license)) permit of, or refuse to issue the permit to, any person required by this section to indemnify and hold harmless the state under subsection (1)(a) of this section, or to hold and maintain liability coverage under subsection (1)(b) of this section, who fails to ((demonstrate compliance)) comply with either requirement of subsection (1) of this section.  The permit shall not be issued or reinstated until the person ((demonstrates compliance)) complies with subsection (1) of this section.

     (3) The department of ecology shall require (a) that any person required to maintain liability coverage maintain with the agency current copies of any insurance policies, certificates of insurance, or any other documents used to comply with this section, (b) that the agency be notified of any changes in the insurance coverage or financial condition of the person, and (c) that the state be named as an insured party on any insurance policy used to comply with this section.

     Sec. 2.  RCW 70.98.095 and 1990 c 82 s 4 are each amended to read as follows:

     (1)(a) The radiation control agency shall require that any person who holds or applies for a license or permit under this chapter indemnify and hold harmless the state from claims, suits, damages, or expenses on account of injuries to or death of persons and property, arising or growing out of any acts or omissions by the person or the person's agents or employees in any operations or activities for which the person holds the license or permit, and any necessary or incidental operations.

     (b) Except for a license or permit holder who the secretary has exempted from maintaining liability coverage pursuant to RCW 70.98.098(5), the radiation control agency shall require any person who holds or applies for a license or permit under this chapter to demonstrate that the person has and maintains liability coverage for the operations for which the state has been indemnified and held harmless pursuant to this section.  The agency shall require coverage in an amount determined by the secretary pursuant to RCW 70.98.098.

     (2) The radiation control agency shall suspend the license or permit of, or refuse to issue the license or permit to, any person required by this section to indemnify and hold harmless the state under subsection (1)(a) of this section, or to hold and maintain liability coverage under subsection (1)(b) of this section, who fails to ((demonstrate compliance)) comply with either requirement of subsection (1) of this section.  The license or permit shall not be issued or reinstated until the person ((demonstrates compliance)) complies with subsection (1) of this section.

     (3) The radiation control agency shall require (a) that any person required to maintain liability coverage maintain with the agency current copies of any insurance policies, certificates of insurance, or any other documents used to comply with this section, (b) that the agency be notified of any changes in the insurance coverage or financial condition of the person, and (c) that the state be named as an insured party on any insurance policy used to comply with this section.