BILL REQ. #:  S-4954.1 

READ FIRST TIME 02/07/08.   

     AN ACT Relating to the liability of persons rescued from flood waters on highways; and adding a new section to chapter 46.61 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 46.61 RCW to read as follows:
     (1) A person is liable for the cost incurred by the state, local municipality, or public agency that rescues that person from flood waters on a highway if:
     (a) The rescue was necessary because the person who was rescued intentionally ignored warning signs; and
     (b) By the person obeying warning signs, the need for the rescue would have been avoided.
     (2) A person shall not be liable for the costs associated with his or her rescue if:
     (a) His or her failure to heed the warning signs was due to a life-threatening emergency; or
     (b) Under the circumstances, a reasonable person would have ignored the warning signs.