CERTIFICATION OF ENROLLMENT

 

                  SUBSTITUTE SENATE BILL 6687

 

 

                   Chapter 143, Laws of 2000

 

 

                        56th Legislature

                      2000 Regular Session

 

 

PORT DISTRICTS--INSURANCE

 

 

 

                    EFFECTIVE DATE:  6/8/00

Passed by the Senate February 14, 2000

  YEAS 40   NAYS 1

 

 

               BRAD OWEN

President of the Senate

 

Passed by the House February 29, 2000

  YEAS 86   NAYS 11

             CERTIFICATE

 

I, Tony M. Cook, Secretary of the Senate of the State of Washington, do hereby certify that the attached is  SUBSTITUTE SENATE BILL 6687 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

             CLYDE BALLARD

Speaker of the

      House of Representatives

            TONY M. COOK

                            Secretary

 

 

 

              FRANK CHOPP

Speaker of the

      House of Representatives

 

 

Approved March 27, 2000 Place Style On Codes above, and Style Off Codes below.  

                                FILED          

 

 

           March 27, 2000 - 2:42 p.m.

 

 

 

              GARY LOCKE

Governor of the State of Washington

                 Secretary of State

                 State of Washington


          _______________________________________________

 

                    SUBSTITUTE SENATE BILL 6687

          _______________________________________________

 

             Passed Legislature - 2000 Regular Session

 

State of Washington      56th Legislature     2000 Regular Session

 

By Senate Committee on Commerce, Trade, Housing & Financial Institutions (originally sponsored by Senators Prentice, Winsley, McDonald and T. Sheldon)

 

Read first time 02/04/2000.

Allowing port districts to acquire insurance coverage.  


    AN ACT Relating to insurance coverage for port districts; amending RCW 48.30.270; adding a new section to chapter 53.08 RCW; and providing an expiration date.

 

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

 

    NEW SECTION.  Sec. 1.  A new section is added to chapter 53.08 RCW to read as follows:

    Each port district shall determine risks, hazards, and liabilities associated with facilities and projects authorized under this chapter in order to obtain insurance consistent with these determinations.  This insurance may include any types of insurance covering, and for the benefit of, one or more parties with whom the port district contracts for any purpose, and insurance for the benefit of its commissioners, commissions, and employees to insure against liability for acts or omissions while performing or in good faith purporting to perform their official duties.  All insurance obtained for port district projects may be acquired by bid or by negotiation.  In order to allow the port district flexibility to secure appropriate insurance by negotiation, the port district is exempt from RCW 48.30.270 for projects in excess of one hundred million dollars.

 

    Sec. 2.  RCW 48.30.270 and 1983 2nd ex.s. c 1 s 6 are each amended to read as follows:

    (1) No officer or employee of this state, or of any public agency, public authority or public corporation except a public corporation or public authority created pursuant to agreement or compact with another state, and no person acting or purporting to act on behalf of such officer or employee, or public agency or public authority or public corporation, shall, with respect to any public building or construction contract which is about to be, or which has been competitively bid, require the bidder to make application to, or to furnish financial data to, or to obtain or procure, any of the surety bonds or contracts of insurance specified in connection with such contract, or specified by any law, general, special or local, from a particular insurer or agent or broker.

    (2) No such officer or employee or any person, acting or purporting to act on behalf of such officer or employee shall negotiate, make application for, obtain or procure any of such surety bonds or contracts of insurance, except contracts of insurance for builder's risk or owner's protective liability, which can be obtained or procured by the bidder, contractor or subcontractor.

    (3) This section shall not be construed to prevent the exercise by such officer or employee on behalf of the state or such public agency, public authority, or public corporation of its right to approve the form, sufficiency or manner or execution of the surety bonds or contracts of insurance furnished by the insurer selected by the bidder to underwrite such bonds, or contracts of insurance.

    (4) Any provisions in any invitation for bids, or in any of the contract documents, in conflict with this section are declared to be contrary to the public policy of this state.

    (5) A violation of this section shall be subject to the penalties provided by RCW 48.01.080.

    (6) This section shall not apply to:

    (a) The public nonprofit corporation authorized under RCW 67.40.020; or

    (b) Projects in excess of one hundred million dollars for port districts formed under chapter 53.04 RCW.

 

    NEW SECTION.  Sec. 3.  This act expires December 31, 2006.


    Passed the Senate February 14, 2000.

    Passed the House February 29, 2000.

Approved by the Governor March 27, 2000.

    Filed in Office of Secretary of State March 27, 2000.