S-1450.1  _______________________________________________

                         SENATE BILL 6016

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senator Sheahan

Read first time 02/14/2001.  Referred to Committee on Agriculture & International Trade.

Limiting the liability of a conservation district for decisions made in compliance with chapter 70.94 RCW.

    AN ACT Relating to conservation district liability; and amending RCW 70.94.654.

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

    Sec. 1.  RCW 70.94.654 and 1993 c 353 s 2 are each amended to read as follows:

(1) Whenever an air pollution control authority, or the department of ecology for areas outside the jurisdictional boundaries of an activated air pollution control authority, shall find that any fire protection agency, county, or conservation district is capable of effectively administering the issuance and enforcement of permits for any or all of the kinds of burning identified in RCW 70.94.650 and desirous of doing so, the authority or the department of ecology, as appropriate, may delegate powers necessary for the issuance or enforcement, or both, of permits for any or all of the kinds of burning to the fire protection agency, county, or conservation district.  Such delegation may be withdrawn by the authority or the department of ecology upon finding that the fire protection agency, county, or conservation district is not effectively administering the permit program.

(2) The board of directors, individual board members, and duly authorized employees of a conservation district who make decisions regarding the issuance and enforcement of permits for burning under RCW 70.94.650 are not liable for decisions and actions made in good faith and in compliance with this chapter.

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