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ENGROSSED SENATE BILL 5570

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State of Washington      57th Legislature     2001 Regular Session

By Senators Prentice, Honeyford, Franklin and Kohl‑Welles

Read first time 01/26/2001.  Referred to Committee on Labor,Commerce & Financial Institutions.

_1      AN ACT Relating to credit union directors and committee

_2  members; and adding a new section to chapter 31.12 RCW.

_3  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_4      NEW SECTION. Sec. 1.  A new section is added to chapter 31.12

_5  RCW to read as follows:

_6      (1) Except for persons who are employees of the credit union

_7  and acting within the scope of their employment, directors and

_8  committee members at a credit union or federal credit union have

_9  no personal liability for harm caused by acts or omissions

10  performed on behalf of the credit union if:  The director or

11  committee member was acting within the scope of his or her duties

12  at the time of the act or omission; the harm was not caused by an

13  act in violation of RCW 31.12.267; the harm was not caused by

14  willful or criminal misconduct, gross negligence, reckless

15  misconduct, or a conscious, flagrant indifference to the rights or

16  safety of the individual harmed; and the harm was not caused by

17  the director or committee member's operation of a motor vehicle,

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_1  vessel, aircraft, or other vehicle for which the state requires

_2  the operator or the owner of the vehicle, craft, or vessel to

_3  either possess an operator's license or maintain insurance.

_4      (2) This section does not affect a director's or committee

_5  member's liability to the credit union or to a governmental entity

_6  for harm to the credit union or governmental entity caused by the

_7  director or committee member.

_8      (3) This section does not affect the vicarious liability of the

_9  credit union with respect to harm caused to any person, including

10  harm caused by the negligence of a director or committee member.

11      (4) This section does not affect the liability of employees of

12  the credit union for acts or omissions done within the scope of

13  their employment.

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