| Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
| Judiciary Committee | |
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.
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 Summary of Substitute Bill |
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Hearing Date: 2/26/08
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.