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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,
p. 1 ESB 5570
_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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ESB 5570 p. 2