_______________________________________________
SUBSTITUTE
SENATE BILL 6687
_______________________________________________
Passed
Legislature - 2000 Regular Session
State
of Washington 56th Legislature 2000 Regular Session
By
Read
first time 02/04/2000.
Allowing port districts to acquire insurance coverage.
AN
ACT Relating to insurance coverage for port districts; amending RCW 48.30.270;
adding a new section to chapter 53.08 RCW; and providing an expiration date.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 53.08 RCW to read as follows:
Each
port district shall determine risks, hazards, and liabilities associated with
facilities and projects authorized under this chapter in order to obtain
insurance consistent with these determinations. This insurance may include any
types of insurance covering, and for the benefit of, one or more parties with
whom the port district contracts for any purpose, and insurance for the benefit
of its commissioners, commissions, and employees to insure against liability
for acts or omissions while performing or in good faith purporting to perform
their official duties. All insurance obtained for port district projects may
be acquired by bid or by negotiation. In order to allow the port district
flexibility to secure appropriate insurance by negotiation, the port district
is exempt from RCW 48.30.270 for projects in excess of one hundred million
dollars.
Sec.
2. RCW
48.30.270 and 1983 2nd ex.s. c 1 s 6 are each amended to read as follows:
(1)
No officer or employee of this state, or of any public agency, public authority
or public corporation except a public corporation or public authority created
pursuant to agreement or compact with another state, and no person acting or
purporting to act on behalf of such officer or employee, or public agency or
public authority or public corporation, shall, with respect to any public
building or construction contract which is about to be, or which has been
competitively bid, require the bidder to make application to, or to furnish
financial data to, or to obtain or procure, any of the surety bonds or
contracts of insurance specified in connection with such contract, or specified
by any law, general, special or local, from a particular insurer or agent or
broker.
(2)
No such officer or employee or any person, acting or purporting to act on
behalf of such officer or employee shall negotiate, make application for,
obtain or procure any of such surety bonds or contracts of insurance, except
contracts of insurance for builder's risk or owner's protective liability,
which can be obtained or procured by the bidder, contractor or subcontractor.
(3)
This section shall not be construed to prevent the exercise by such officer or
employee on behalf of the state or such public agency, public authority, or
public corporation of its right to approve the form, sufficiency or manner or
execution of the surety bonds or contracts of insurance furnished by the
insurer selected by the bidder to underwrite such bonds, or contracts of
insurance.
(4)
Any provisions in any invitation for bids, or in any of the contract documents,
in conflict with this section are declared to be contrary to the public policy
of this state.
(5)
A violation of this section shall be subject to the penalties provided by RCW
48.01.080.
(6)
This section shall not apply to:
(a)
The public nonprofit corporation authorized under RCW 67.40.020; or
(b)
Projects in excess of one hundred million dollars for port districts formed
under chapter 53.04 RCW.
NEW
SECTION. Sec. 3. This
act expires December 31, 2006.
Passed the Senate February 14, 2000.
Passed the House February 29, 2000.
Approved by the Governor
March 27, 2000.
Filed
in Office of Secretary of State March 27, 2000.
