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ENGROSSED SUBSTITUTE SENATE BILL 6461
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State of Washington 53rd Legislature 1994 Regular Session
By Senate Committee on Ecology & Parks (originally sponsored by Senators Fraser and Bluechel)
Read first time 02/04/94.
AN ACT Relating to oil spill incident commander's liability; amending RCW 88.16.190 and 88.44.180; and adding new sections to chapter 88.44 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 88.16.190 and 1975 1st ex.s. c 125 s 3 are each amended to read as follows:
(1) Any oil tanker, whether enrolled or registered, of greater than one hundred and twenty-five thousand deadweight tons shall be prohibited from proceeding beyond a point east of a line extending from Discovery Island light south to New Dungeness light.
(2) An oil tanker, whether enrolled or registered, of forty to one hundred and twenty-five thousand deadweight tons may proceed beyond the points enumerated in subsection (1) if such tanker possesses all of the following standard safety features:
(a) Shaft horsepower in the ratio of one horsepower to each two and one-half deadweight tons; and
(b) Twin screws; and
(c) Double bottoms, underneath all oil and liquid cargo compartments; and
(d) Two radars in working order and operating, one of which must be collision avoidance radar; and
(e) Such other navigational position location systems as may be prescribed from time to time by the board of pilotage commissioners:
PROVIDED, That, if such forty to one hundred and twenty-five thousand deadweight ton tanker is in ballast or is under escort of a tug or tugs with an aggregate shaft horsepower equivalent to five percent of the deadweight tons of that tanker, subsection (2) of this section shall not apply: PROVIDED FURTHER, That additional tug shaft horsepower equivalencies may be required under certain conditions as established by rule and regulation of the Washington utilities and transportation commission pursuant to chapter 34.05 RCW: PROVIDED FURTHER, That a tanker assigned a deadweight of less than forty thousand deadweight tons at the time of construction or reconstruction as reported in Lloyd's Register of Ships is not subject to the provisions of RCW 88.16.170 through 88.16.190.
Sec. 2. RCW 88.44.180 and 1990 c 117 s 19 are each amended to read as follows:
Obligations incurred
by the commission and any other liabilities or claims against the commission
shall be enforced only against the assets of the commission, and no liability
for the debts or actions of the commission exists against either the state of
Washington or any subdivision or instrumentality thereof, or against any
member, officer, employee, incident commander, or agent of the
commission in his or her individual or representative capacity. Except as
otherwise provided in this chapter, neither the members of the commission, its
officers, agents, ((nor)) incident commander employees nor the
business entities by whom ((the members)) they are regularly
employed may be held individually responsible for errors in judgment, mistakes,
or other acts, either of commission or omission, as principal, agent, person,
or employee, save for their own individual acts of dishonesty or crime.
NEW SECTION. Sec. 3. A new section is added to chapter 88.44 RCW to read as follows:
The commission, in the exercise of its powers, may include in an authorized contract, a provision for indemnifying the other contracting party against specific loss, damage, or injury arising out of the performance of the contract and resulting from the fault of the commission, a member, officer, employee, incident commander, or agent thereof. The indemnification shall be limited to the assets of the commission under RCW 88.44.180.
NEW SECTION. Sec. 4. A new section is added to chapter 88.44 RCW to read as follows:
The attorney general shall serve as the legal adviser to the commission on all legal questions relating to the duties and activities of the commission.
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