SENATE BILL REPORT
SB 6461
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 of January 28, 2010
Title: An act relating to immunity from liability for civil damages for firefighters.
Brief Description: Providing limited immunity for firefighters providing emergency services.
Sponsors: Senators Honeyford, Hewitt, Schoesler, Morton, Stevens, Holmquist, King, Delvin, Roach, Becker and Swecker.
Brief History:
Committee Activity: Government Operations & Elections: 1/28/10.
SENATE COMMITTEE ON GOVERNMENT OPERATIONS & ELECTIONS |
Staff: Edward Redmond (786-7471)
Background: The state provides indemnity to persons appointed and regularly enrolled as emergency workers for damage to property or injury or death to persons caused by acts done or attempted by the emergency worker within the scope of their assigned duties. In other words, any legal liability for damage or injury caused by an emergency worker is the obligation of the state, provided the acts of the emergency worker do not constitute willful misconduct, gross negligence, or bad faith.Volunteers who are registered as emergency workers and are licensed as retired volunteer medical workers are immune from liability for damages that arise while providing assistance or transportation during an emergency or disaster, or for participating in an approved training or exercise in preparation for an emergency or disaster. This immunity extends to the volunteer's supervisor, health care facilities and employees, property and vehicle owners, the local organization that registered the volunteer, and to the state, and state or local government entities.
Under current law, this immunity does not extend to areas outside of an emergency worker's jurisdiction unless an interlocal agreement has been established.
Summary of Bill: State and municipal firefighters, both paid and volunteer, are immune from civil liability under the following circumstances: (1) when engaging in firefighting efforts outside their jurisdiction; and (2) when providing emergency care, rescue, assistance, or recovery services at the scene of an emergency. This immunity does not include acts or omissions constituting gross negligence or willful or wanton misconduct.
Appropriation: None.
Fiscal Note: Not requested.
Committee/Commission/Task Force Created: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.