S-4774.1

SENATE BILL 6179

State of Washington
66th Legislature
2020 Regular Session
BySenators Takko, Schoesler, Hunt, and Wagoner
Prefiled 01/09/20.Read first time 01/13/20.Referred to Committee on State Government, Tribal Relations & Elections.
AN ACT Relating to the Washington search and rescue grant program; reenacting and amending RCW 38.52.010; and adding a new section to chapter 38.52 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 38.52.010 and 2019 c 471 s 2 and 2019 c 207 s 1 are each reenacted and amended to read as follows:
As used in this chapter:
(1) "Broadcaster" means a person or entity that holds a license issued by the federal communications commission under 47 C.F.R. Part 73, 74, 76, or 78.
(2)(a) "Catastrophic incident" means any natural or human-caused incident, including terrorism and enemy attack, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the population, infrastructure, environment, economy, or government functions.
(b) "Catastrophic incident" does not include an event resulting from individuals exercising their rights, under the first amendment, of freedom of speech, and of the people to peaceably assemble.
(3) "Communication plan," as used in RCW 38.52.070, means a section in a local comprehensive emergency management plan that addresses emergency notification of life safety information.
(4) "Continuity of government planning" means the internal effort of all levels and branches of government to provide that the capability exists to continue essential functions and services following a catastrophic incident. These efforts include, but are not limited to, providing for: (a) Orderly succession and appropriate changes of leadership whether appointed or elected; (b) filling vacancies; (c) interoperability communications; and (d) processes and procedures to reconvene government following periods of disruption that may be caused by a catastrophic incident. Continuity of government planning is intended to preserve the constitutional and statutory authority of elected officials at the state and local level and provide for the continued performance of essential functions and services by each level and branch of government.
(5) "Continuity of operations planning" means the internal effort of an organization to provide that the capability exists to continue essential functions and services in response to a comprehensive array of potential emergencies or disasters.
(6) "Department" means the state military department.
(7) "Director" means the adjutant general.
(8) "Emergency management" or "comprehensive emergency management" means the preparation for and the carrying out of all emergency functions, other than functions for which the military forces are primarily responsible, to mitigate, prepare for, respond to, and recover from emergencies and disasters, and to aid victims suffering from injury or damage, resulting from disasters caused by all hazards, whether natural, technological, or human caused, and to provide support for search and rescue operations for persons and property in distress. However, "emergency management" or "comprehensive emergency management" does not mean preparation for emergency evacuation or relocation of residents in anticipation of nuclear attack.
(9)(a) "Emergency or disaster" as used in all sections of this chapter except RCW 38.52.430 means an event or set of circumstances which: (i) Demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences; or (ii) reaches such a dimension or degree of destructiveness as to warrant the governor proclaiming a state of emergency pursuant to RCW 43.06.010.
(b) "Emergency" as used in RCW 38.52.430 means an incident that requires a normal police, coroner, fire, rescue, emergency medical services, or utility response as a result of a violation of one of the statutes enumerated in RCW 38.52.430.
(10) "Emergency response" as used in RCW 38.52.430 means a public agency's use of emergency services during an emergency or disaster as defined in subsection (9)(b) of this section.
(11) "Emergency worker" means any person who is registered with a local emergency management organization or the department ((and)), holds an identification card issued by the local emergency management director or the department for the purpose of engaging in authorized emergency management activities ((or is an employee of the state of Washington or any political subdivision thereof who is called upon to perform emergency management activities)), and is not receiving or expecting to receive any compensation for serving as an emergency worker from a federal, state, or local governmental agency except as expressly authorized in this chapter.
(12) "Executive head" and "executive heads" means the county executive in those charter counties with an elective office of county executive, however designated, and, in the case of other counties, the county legislative authority. In the case of cities and towns, it means the mayor in those cities and towns with mayor-council or commission forms of government, where the mayor is directly elected, and it means the city manager in those cities and towns with council manager forms of government. Cities and towns may also designate an executive head for the purposes of this chapter by ordinance.
(13) "Expense of an emergency response" as used in RCW 38.52.430 means reasonable costs incurred by a public agency in reasonably making an appropriate emergency response to the incident, but shall only include those costs directly arising from the response to the particular incident. Reasonable costs shall include the costs of providing police, coroner, firefighting, rescue, emergency medical services, or utility response at the scene of the incident, as well as the salaries of the personnel responding to the incident.
(14) "First informer broadcaster" means an individual who:
(a) Is employed by, or acting pursuant to a contract under the direction of, a broadcaster; and
(b)(i) Maintains, including repairing or resupplying, transmitters, generators, or other essential equipment at a broadcast station or facility; or (ii) provides technical support services to broadcasters needed during a period of proclaimed emergency.
(15) "Incident command system" means: (a) An all-hazards, on-scene functional management system that establishes common standards in organization, terminology, and procedures; provides a means (unified command) for the establishment of a common set of incident objectives and strategies during multiagency/multijurisdiction operations while maintaining individual agency/jurisdiction authority, responsibility, and accountability; and is a component of the national interagency incident management system; or (b) an equivalent and compatible all-hazards, on-scene functional management system.
(16) "Injury" as used in this chapter shall mean and include accidental injuries and/or occupational diseases arising out of emergency management activities.
(17) "Life safety information" means information provided to people during a response to a life-threatening emergency or disaster informing them of actions they can take to preserve their safety. Such information may include, but is not limited to, information regarding evacuation, sheltering, sheltering-in-place, facility lockdown, and where to obtain food and water.
(18) "Local director" means the director of a local organization of emergency management or emergency services.
(19) "Local organization for emergency services or management" means an organization created in accordance with the provisions of this chapter by state or local authority to perform local emergency management functions.
(20) "Political subdivision" means any county, city or town.
(21) "Public agency" means the state, and a city, county, municipal corporation, district, town, or public authority located, in whole or in part, within this state which provides or may provide firefighting, police, ambulance, medical, or other emergency services.
(22) "Radio communications service company" has the meaning ascribed to it in RCW 82.14B.020.
(23) "Search and rescue" means the acts of searching for, rescuing, or recovering by means of ground, marine, or air activity any person who becomes lost, injured, or is killed while outdoors or as a result of a natural, technological, or human caused disaster, including instances involving searches for downed aircraft when ground personnel are used. Nothing in this section shall affect appropriate activity by the department of transportation under chapter 47.68 RCW.
(24) "Search and rescue organization" means a Washington domestic nonprofit corporation organized under chapter 24.03 RCW and registered with the Washington secretary of state, whose primary purpose is search and rescue, has its principal place of business established in a political subdivision of the state of Washington, is formally recognized by the local emergency management organization of that political subdivision as being available for participation in search and rescue activities consistent with RCW 38.52.400, and whose members are registered as emergency workers with the political subdivision.
NEW SECTION.  Sec. 2. A new section is added to chapter 38.52 RCW to read as follows:
(1) Subject to the availability of amounts appropriated for this specific purpose, the search and rescue grant program is established. The department shall administer the program. The department may adopt rules, in consultation with the emergency management council, to administer the search and rescue grant program.
(2) The search and rescue account is created in the state treasury. All receipts from legislative appropriations, donations, gifts, grants, or funds directed to the account from other public or private sources must be deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may only be used by the department to provide grants to search and rescue organizations for anticipated planning, equipment, training, exercise, and operations.
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