Z-1179.1 _______________________________________________
SENATE BILL 6252
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State of Washington 53rd Legislature 1994 Regular Session
By Senators Vognild and Nelson; by request of Department of Transportation
Read first time 01/18/94. Referred to Committee on Transportation.
AN ACT Relating to state and local government; and adding new sections to chapter 4.24 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature intends to reduce the cost of civil tort claims while still ensuring that the public interest and safety are being served.
The legislature recognizes that state and local governments cannot economically and feasibly update all highways, roads, streets, bridges, and other public facilities to meet current design requirements. Sections 2 and 3 of this act will enable state and local governments to meet the transportation and occupancy needs of our public facilities in a systematic and cost-effective manner without facing the threat of costly litigation caused by their inability to update existing facilities to new standards. However, it will not relieve government agencies, from meeting their public obligations to maintain safe roadways and facilities, nor to respond to public notice of unsafe conditions that can be remedied by routine maintenance or repair.
NEW SECTION. Sec. 2. No public agency or employee is civilly liable for damages allegedly caused by or related to the planning or design for construction or improvement of a highway, road, street, or other public facility if the plan or design is prepared in substantial conformity with the engineering or design standards in effect at the time and approved for construction by the agency responsible for the facility.
Notwithstanding notice that age or wear has rendered a public facility out of conformity with its original plan or design, no public employee or agency is liable for damages allegedly caused by such nonconformity if there is substantial evidence that availability of funds for the restoration of the public facility are governed by a priority program that has not yet provided funds for restoration of the facility.
This section does not prevent civil liability for failure to post a sign warning of an allegedly defective condition of a public facility if a warning sign could have prevented an accident. This section also does not prevent liability if (1) deficient routine maintenance is the principal cause of an accident and (2) a public agency or employee had actual notice of the maintenance deficiency and failed to respond within a reasonable time.
NEW SECTION. Sec. 3. The definitions in this section shall apply throughout this chapter.
(1) "Public agency" means all public offices and agencies of the state and municipal governments, including directors, officers, employees, agents, and volunteers acting in an official capacity.
(2) "Public facility" includes state highways, city and county roads and streets, state and local buildings, bridges, off-highway and primitive roads, public use facilities, enterprise operations, infrastructures, and marine/aircraft facilities.
NEW SECTION. Sec. 4. Sections 1 through 3 of this act are each added to chapter 4.24 RCW.
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