The Washington State Department of Transportation (WSDOT) erects and maintains signs, signals, signboards, guideposts, and other traffic devices on state highways according to the adopted and designated state standard of design, erection, and location.
WSDOT sets specifications for a uniform system of traffic control signals for use on public highways within the state. This uniform system is required to conform as much as possible to the system approved by the American Association of State Highway Officials and as set out in the Manual of Uniform Traffic Control Devices (MUTCD) for streets and highways, published by the United States Department of Transportation's Federal Highway Administration.
No signs visible from the main traveled way of the interstate system, primary system, or scenic system may be erected or maintained unless required or authorized by state or federal law.
Local authorities place and maintain traffic devices on public highways under their jurisdiction as necessary to carry out the provisions of the law or local traffic ordinances or to regulate, warn, or guide traffic.
The Washington Department of Fish and Wildlife (WSDFW) is tasked with preserving, protecting, perpetuating, and managing the wildlife and food fish, game fish, and shellfish in state and offshore waters.
The Washington Department of Natural Resources (DNR) manages state trust land.
The Washington State Parks and Recreation Commission (Washington State Parks) is tasked with the care, charge, control and supervision of all parks and parkways acquired or set aside by the state for park or parkway purposes.
This act may be known and cited as "Zack's law." The stated legislative intent is that state and local agencies install signs on or near bridges to warn people of the dangers of diving or jumping off the bridge, and to provide location-appropriate information to prevent future deaths from cold-water shock drowning.
By January 1, 2024, the Washington State Parks is required to install a sign in memory of Zachary Lee Rager on or near the bridge where he lost his life as a result of cold-water shock.
Cold-water shock signs authorized in the bill must comply with WSDOT's uniform state sign standards.
The executive officer, or a designated employee, with control of operations and maintenance of a bridge, of any county, city, town, or state agency may authorize erection of informational signs near or attached to bridges providing location-specific information about the hazards of jumping where people might otherwise think a location is safe for swimming. Signs may include the statewide 988 suicide prevention hotline. Counties, cities, towns, and state agencies responsible for the repair, replacement, and maintenance of bridges are encouraged to create a process for individuals to request installation of such informational signs.
These signs are prohibited from conflicting with provisions of the MUTCD, or existing state law related to the placement and design of signs placed along transportation corridors. If a sign is to be located along a state highway or the interstate system, WSDOT must approve the sign and location, but no permit or fee is necessary.
State and local government agencies may accept gifts and donations to pay for the creation, installation, or maintenance of these informational signs.
Before entering into a contract for the construction or replacement of a bridge, WSDOT, WSDFW, DNR, Washington State Parks, and port districts must consider whether to require the installation of these informational signs as part of the contract. This requirement does not apply to replacements of culverts that are barriers to fish passage by WSDOT.
Private railroad companies must also consider whether to require the installation of these informational signs as part of the contract for the construction or replacement of a bridge by the state or its subdivisions as a property owner.
This bill's authorizations to erect informational signs, and requirements to consider whether to require the installation of informational signs as part of a bridge construction or replacement contract do not create a private right of action by, or a legal duty to, any party, and may not be used to impose liability on public agencies and property owners if a sign has or has not been erected. The state of Washington, including all of its agencies, subdivisions, employees, and agents, shall not be liable in tort for any violation of this act, notwithstanding any other provision of law.
No public hearing was held.