S-4190.2  _______________________________________________

                         SENATE BILL 6461

          _______________________________________________

State of Washington      53rd Legislature     1994 Regular Session

By Senators Fraser and Bluechel

Read first time 01/24/94.  Referred to Committee on Ecology & Parks.

Concerning claims for oil spill liability damages.

    AN ACT Relating to oil spill incident commander's liability; amending RCW 88.44.180 and 88.44.100; and adding a new section to chapter 88.44 RCW.

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

    Sec. 1.  RCW 88.44.180 and 1990 c 117 s 19 are each amended to read as follows:

    Obligations incurred by the commission and any other liabilities or claims against the commission shall be enforced only against the assets of the commission, and no liability for the debts or actions of the commission exists against either the state of Washington or any subdivision or instrumentality thereof, or against any member, officer, employee, incident commander, or agent of the commission in his or her individual or representative capacity.  Except as otherwise provided in this chapter, neither the members of the commission, its officers, agents, ((nor)) incident commander employees nor the business entities by whom ((the members)) they are regularly employed may be held individually responsible for errors in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, person, or employee, save for their own individual acts of dishonesty or crime.

    Sec. 2.  RCW 88.44.100 and 1992 c 73 s 16 are each amended to read as follows:

    There is levied on and after October 1, 1990, ((an assessment)) upon all vessels, or the owners or operators thereof, which transit upon waters of this state, except as exempted herein and not including vessels which transit upon the portion of the Columbia river that runs between the states of Washington and Oregon, an assessment to be set by the commission on each vessel transit, plus annual increases as are imposed ((pursuant to)) under the provisions of RCW 88.44.110.  Of those vessels assessed, the commission may set the rate.  ((When the fund reaches one million five hundred thousand dollars, the commission shall discontinue the assessment until the fund declines to one million dollars, at which time the assessment must be reinstated)) The commission shall establish a reserve fund of four hundred thousand dollars.  The assessment rates, at a minimum, ((must)) shall be able to generate the ((maximum)) reserve fund level within four years.  All moneys collected hereunder shall be expended to effectuate the purpose and objects of this chapter.

    If the commission establishes an oil spill first response system for the Columbia river, there may be levied on and after July 1, 1992, an assessment upon all vessels, or the owners or operators thereof, which transit upon the portion of the Columbia river that runs between the states of Washington and Oregon.

NEW SECTION. Sec. 3.  A new section is added to chapter 88.44 RCW to read as follows:

    The commission, in the exercise of its powers, may include in an authorized contract, a provision for indemnifying the other contracting party against specific loss, damage, or injury arising out of the performance of the contract and resulting from the fault of the commission, a member, officer, employee, incident commander, or agent thereof.  The indemnification shall be limited to the assets of the commission under RCW 88.44.180.

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