HOUSE BILL REPORT
SSB 6324
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
As Reported by House Committee On:
Judiciary
Title: An act relating to liability immunity for aerial search and rescue activities managed by the department of transportation.
Brief Description: Providing liability immunity for aerial search and rescue activities managed by the department of transportation.
Sponsors: Senate Committee on Transportation (originally sponsored by Senators Sheldon, Haugen and Shin).
Brief History:
Judiciary: 2/26/08 [DP].
Brief Summary of Substitute Bill |
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HOUSE COMMITTEE ON JUDICIARY
Majority Report: Do pass. Signed by 11 members: Representatives Lantz, Chair; Goodman, Vice Chair; Rodne, Ranking Minority Member; Warnick, Assistant Ranking Minority Member; Ahern, Flannigan, Kirby, Moeller, Pedersen, Ross and Williams.
Staff: Sarah Silbovitz (786-7119) and Lara Zarowsky (786-7123).
Background:
The Aviation Division of the Department of Transportation (Aviation Division) is
responsible for all aerial search and rescue activities within Washington. The search and
rescue responsibilities include electronic emergency signaling devices such as emergency
locater transmitters (ELTs) and emergency position indicating radio beacons (EPIRBs).
In 2007 the Legislature passed HB 1073 providing immunity from liability for certain
volunteer emergency workers while engaged in emergency management activities, including
search and rescue activities. However, this immunity was provided only to those volunteers
managed by a local emergency management organization or the state Military Department,
and did not specifically cover aerial search and rescue personnel managed by the Aviation
Division.
The Aviation Division is not responsible for search and rescue activities found in the
emergency management chapter which is in the Militia and Military Affairs laws.
Summary of Bill:
Persons registered with the Aviation Division, and engaged in aerial search and rescue
activities managed by the Aviation Division, are immune from liability for civil damages
resulting from any act or omission of such activities. The immunity does not apply to any act
or omission that constitutes gross negligence or willful or wanton misconduct. Aerial search
and rescue activities include, but are not limited to, training and training-related activities, but
do not include search and rescue activities as defined in the Militia and Military Affairs laws.
Appropriation: None.
Fiscal Note: Not requested.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony:
(In support) The volunteer emergency workers providing aerial search and rescue activities
are the only first responders who currently do not have limited liability protection. The
volunteers' assets are at risk if someone were to sue them. This bill simply extends the
liability immunity to a group of people who were intended to be included in the bill from last
year.
(Opposed) None.
Persons Testifying: Al Banholzer; Tom Nesko; Gary Evans and Tom Jensen, Washington Association of Air Rescue; John Silbold, Washington State Departement of Transportation Aviation Department; and Linda Crerar, Military Department of Emergency Management Division.