BILL REQ. #:  S-3832.1 

Read first time 01/14/10.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to liability for damage to property owned by the department of transportation; and adding a new section to chapter 47.04 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 47.04 RCW to read as follows:
     Beginning July 1, 2009, the department of fish and wildlife is liable for any damage to any public highway, bridge, elevated structure, or other property owned by the department of transportation sustained as the result of any direct action or inaction of the department of fish and wildlife. Such damage to any public highway, bridge, elevated structure, or other property owned by the department of transportation may be recovered in a civil action instituted in the name of the state of Washington by the department of transportation. Any measure of damage determined by the department of transportation to its highway, bridge, elevated structure, or other property under this section is prima facie the amount of damage caused by the direct action or inaction of the department of fish and wildlife and is presumed to be the amount recoverable in any civil action. The damages available under this section include the incident response costs, including traffic control, incurred by the department of transportation. This section may not be construed to conflict with RCW 43.17.330.