H-1844.2  _______________________________________________

                          HOUSE BILL 2211

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Representatives Dunn, Boldt and Mielke

Read first time 02/19/1999.  Referred to Committee on Judiciary.

Creating an indemnity fund for claims arising from enforcement of the federal Columbia river gorge national scenic area act.

    AN ACT Relating to claims arising from enforcement of the Columbia river gorge national scenic area act; adding a new section to chapter 43.97 RCW; and making appropriations.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 43.97 RCW to read as follows:

    (1) There is hereby established a fund to be known as the Columbia river gorge national scenic area indemnity fund.  The indemnity fund shall consist of legislative appropriations and any federal or other grants deposited into the fund.

    (2) The state treasurer shall be the custodian of the indemnity fund.  Disbursements shall be on authorization of the attorney general or the attorney general's designee.  The fund is subject to allotment procedures under chapter 43.88 RCW, but an appropriation is not required for disbursements from this fund.

    (3) The indemnity fund shall be used exclusively for purposes of paying claims submitted by counties subject to the Columbia river gorge compact and paying necessary expenses of administering the indemnity fund. Claims may be submitted for any sums paid as damages to plaintiffs in suits arising out of enforcement of the Columbia river gorge national scenic area act or the Columbia river gorge compact and for costs for defense of such suits.  A claim shall not be paid when the attorney general determines that liability of the claimant county was caused by gross negligence by an officer or employee of the county or by actions not authorized under state law or the Columbia river gorge national scenic area act or the Columbia river gorge compact.

    (4) The attorney general may investigate each claim and determine whether the claim is valid.  The attorney general shall notify each claimant of the attorney general's determination as to the validity and amount of each claimant's claim.  A claimant may request a hearing on the attorney general's determination within twenty days of receipt of written notification and a hearing shall be held by the attorney general pursuant to chapter 34.05 RCW.  Upon determining the amount and validity of the claim, the attorney general shall pay the claim from the indemnity fund.

    (5) The requirement that the state of Washington pay claims under this section only exists to the extent that the indemnity fund contains sufficient money to pay the claims.  In the event that the amount in the indemnity fund is insufficient to pay all approved claims, the claims shall be paid in the order in which they were filed with the attorney general, until such time as sufficient moneys are available in the indemnity fund to pay all of the claims.

NEW SECTION. Sec. 2.  (1) The sum of . . . . . . dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2000, from the general fund for deposit in the Columbia river gorge national scenic area indemnity fund for the purposes of section 1 of this act.

    (2) The sum of . . . . . . dollars, or as much thereof as may be necessary, is appropriated for the fiscal year ending June 30, 2001, from the general fund for deposit in the Columbia river gorge national scenic area indemnity fund for the purposes of section 1 of this act.

                            --- END ---