| Passed by the Senate February 16, 2008 YEAS 47 BRAD OWEN ________________________________________ President of the Senate Passed by the House March 4, 2008 YEAS 95 FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 6324 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN ________________________________________ Secretary | |
| Approved March 17, 2008, 2:50 p.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | March 18, 2008 Secretary of State State of Washington |
| State of Washington | 60th Legislature | 2008 Regular Session |
READ FIRST TIME 01/31/08.
AN ACT Relating to liability immunity for aerial search and rescue activities managed by the department of transportation; and amending RCW 47.68.380.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 47.68.380 and 1995 c 153 s 1 are each amended to read
as follows:
(1) The aviation division of the department is responsible for the
conduct and management of all aerial search and rescue within the
state. This includes search and rescue efforts involving aircraft and
airships. The division is also responsible for search and rescue
activities involving electronic emergency signaling devices such as
emergency locater transmitters (ELT's) and emergency position
indicating radio beacons (EPIRB's).
(2) An act or omission by any person registered with the aviation
division of the department for the purpose of engaging in aerial search
and rescue activities, while engaged in such activities, shall not
impose any liability on the department or the person for civil damages
resulting from the act or omission. However, the immunity provided
under this subsection shall not apply to an act or omission that
constitutes gross negligence or willful or wanton misconduct. For the
purpose of this subsection, "aerial search and rescue activities"
includes, but is not limited to, training and training-related
activities, but does not include appropriate search and rescue
activities conducted under the authority of RCW 38.52.400.