House Bill 2135 — Federally Recognized Tribes in the Emergency Worker Program (Washington, 2024)

Summary

House Bill 2135, State of Washington, 68th Legislature, 2024 Regular Session, by Representatives Stearns, Lekanoff, Reed and others, by request of Military Department. The act relates to including federally recognized tribes as part of the Washington emergency management division emergency worker program and amends RCW 38.52.010 and 38.52.180. The text states that any act or omission by a covered volunteer emergency worker while engaged in a covered activity using an off-road vehicle does not impose any liability for civil damages on the worker or the worker's sponsoring organization. The bill was prefiled January 4, 2024, read first time January 8, 2024, and referred to the Committee on Innovation, Community & Economic Development, & Veterans.

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Full text

     Z-0413.2

                                HOUSE BILL 2135


     State of Washington       68th Legislature       2024 Regular Session

     By Representatives Stearns, Lekanoff, Reed, Ormsby, Street, Orwall,
     Doglio, and Reeves; by request of Military Department

     Prefiled 01/04/24. Read first time 01/08/24. Referred to Committee
     on Innovation, Community & Economic Development, & Veterans.




1        AN ACT Relating to including federally recognized tribes as part
2    of the Washington emergency management division emergency worker
3    program; and amending RCW 38.52.010 and 38.52.180.


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


 5       Sec. 1.   RCW 38.52.010 and 2022 c 203 s 2 are each amended to
 6   read as follows:
 7       As used in this chapter:
 8       (1) "911 emergency communications system" means a public 911
 9   communications system consisting of a network, database, and on-
10   premises equipment that is accessed by dialing or accessing 911 and
11   that enables reporting police, fire, medical, or other emergency
12   situations to a public safety answering point. The system includes
13   the capability to selectively route incoming 911 voice and data to
14   the appropriate public safety answering point that operates in a
15   defined 911 service area and the capability to automatically display
16   the name, location, and telephone number of incoming 911 voice and
17   data at the appropriate public safety answering point.
18       (2) "Automatic location identification" means information about a
19   caller's location that is part of or associated with an enhanced or
20   next generation 911 emergency communications system as defined in
21   this section and RCW 82.14B.020 and intended for the purpose of
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 1   display at a public safety answering point with incoming 911 voice or
 2   data, or both.
 3       (3) "Automatic number identification" means a method for uniquely
 4   associating a communication device that has accessed 911 with the
 5   incoming 911 voice or data, or both, and intended for the purpose of
 6   display at a public safety answering point.
 7       (4) "Baseline level of 911 service" means access to 911 dialing
 8   from all communication devices with service from a telecommunications
 9   provider within a county's jurisdiction so that incoming 911 voice
10   and data communication is answered, received, and displayed on 911
11   equipment at a public safety answering point designated by the
12   county.
13       (5) "Broadcaster" means a person or entity that holds a license
14   issued by the federal communications commission under 47 C.F.R. Part
15   73, 74, 76, or 78.
16       (6)(a) "Catastrophic incident" means any natural or human-caused
17   incident, including terrorism and enemy attack, that results in
18   extraordinary levels of mass casualties, damage, or disruption
19   severely affecting the population, infrastructure, environment,
20   economy, or government functions.
21       (b) "Catastrophic incident" does not include an event resulting
22   from individuals exercising their rights, under the first amendment,
23   of freedom of speech, and of the people to peaceably assemble.
24       (7) "Communication plan," as used in RCW 38.52.070, means a
25   section in a local comprehensive emergency management plan that
26   addresses emergency notification of life safety information.
27       (8) "Continuity of government planning" means the internal effort
28   of all levels and branches of government to provide that the
29   capability exists to continue essential functions and services
30   following a catastrophic incident. These efforts include, but are not
31   limited to, providing for: (a) Orderly succession and appropriate
32   changes of leadership whether appointed or elected; (b) filling
33   vacancies; (c) interoperability communications; and (d) processes and
34   procedures to reconvene government following periods of disruption
35   that may be caused by a catastrophic incident. Continuity of
36   government planning is intended to preserve the constitutional and
37   statutory authority of elected officials at the state and local level
38   and provide for the continued performance of essential functions and
39   services by each level and branch of government.


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 1       (9) "Continuity of operations planning" means the internal effort
 2   of an organization to provide that the capability exists to continue
 3   essential functions and services in response to a comprehensive array
 4   of potential emergencies or disasters.
 5       (10) "Department" means the state military department.
 6       (11) "Director" means the adjutant general.
 7       (12)   "Emergency    management"    or   "comprehensive    emergency
 8   management" means the preparation for and the carrying out of all
 9   emergency functions, other than functions for which the military
10   forces are primarily responsible, to mitigate, prepare for, respond
11   to, and recover from emergencies and disasters, and to aid victims
12   suffering from injury or damage, resulting from disasters caused by
13   all hazards, whether natural, technological, or human caused, and to
14   provide support for search and rescue operations for persons and
15   property   in    distress.    However,    "emergency    management"   or
16   "comprehensive emergency management" does not mean preparation for
17   emergency evacuation or relocation of residents in anticipation of
18   nuclear attack.
19       (13)(a) "Emergency or disaster" as used in all sections of this
20   chapter except RCW 38.52.430 means an event or set of circumstances
21   which: (i) Demands immediate action to preserve public health,
22   protect life, protect public property, or to provide relief to any
23   stricken community overtaken by such occurrences; or (ii) reaches
24   such a dimension or degree of destructiveness as to warrant the
25   governor proclaiming a state of emergency pursuant to RCW 43.06.010.
26       (b) "Emergency" as used in RCW 38.52.430 means an incident that
27   requires a normal police, coroner, fire, rescue, emergency medical
28   services, or utility response as a result of a violation of one of
29   the statutes enumerated in RCW 38.52.430.
30       (14) "Emergency response" as used in RCW 38.52.430 means a public
31   agency's use of emergency services during an emergency or disaster as
32   defined in subsection (13)(b) of this section.
33       (15)   "Emergency   services    communication    system"   means   a
34   multicounty or countywide communications network, including an
35   enhanced or next generation 911 emergency communications system,
36   which provides rapid public access for coordinated dispatching of
37   services, personnel, equipment, and facilities for police, fire,
38   medical, or other emergency services.
39       (16) "Emergency services communications system data" includes
40   voice or audio; multimedia, including pictures and video; text
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 1   messages; telematics or telemetrics; or other information that is
 2   received or displayed, or both, at a public safety answering point in
 3   association with a 911 access.
 4       (17) "Emergency worker" means any person who is registered with a
 5   local emergency management organization, any federally recognized
 6   Indian tribe located within the boundaries of the state of Washington
 7   provided the department is in receipt of a tribal government
 8   resolution declaring its intention to be a participant in the
 9   emergency worker program under this chapter, or the department and
10   holds an identification card issued by the local emergency management
11   director, tribal government, or the department for the purpose of
12   engaging in authorized emergency management activities or is an
13   employee of the state of Washington or any political subdivision
14   thereof who is called upon to perform emergency management
15   activities.
16       (18) "Executive head" and "executive heads" means the county
17   executive in those charter counties with an elective office of county
18   executive, however designated, and, in the case of other counties,
19   the county legislative authority. In the case of cities and towns, it
20   means the mayor in those cities and towns with mayor-council or
21   commission forms of government, where the mayor is directly elected,
22   and it means the city manager in those cities and towns with council
23   manager forms of government. Cities and towns may also designate an
24   executive head for the purposes of this chapter by ordinance.
25       (19) "Expense of an emergency response" as used in RCW 38.52.430
26   means reasonable costs incurred by a public agency in reasonably
27   making an appropriate emergency response to the incident, but shall
28   only include those costs directly arising from the response to the
29   particular incident. Reasonable costs shall include the costs of
30   providing police, coroner, firefighting, rescue, emergency medical
31   services, or utility response at the scene of the incident, as well
32   as the salaries of the personnel responding to the incident.
33       (20) "First informer broadcaster" means an individual who:
34       (a) Is employed by, or acting pursuant to a contract under the
35   direction of, a broadcaster; and
36       (b)(i)    Maintains,   including    repairing   or    resupplying,
37   transmitters, generators, or other essential equipment at a broadcast
38   station or facility; or (ii) provides technical support services to
39   broadcasters needed during a period of proclaimed emergency.


                                     p. 4                          HB 2135
 1       (21) "Incident command system" means: (a) An all-hazards, on-
 2   scene functional management system that establishes common standards
 3   in organization, terminology, and procedures; provides a means
 4   (unified command) for the establishment of a common set of incident
 5   objectives   and    strategies   during   multiagency/multijurisdiction
 6   operations    while     maintaining   individual    agency/jurisdiction
 7   authority, responsibility, and accountability; and is a component of
 8   the national interagency incident management system; or (b) an
 9   equivalent and compatible all-hazards, on-scene functional management
10   system.
11       (22) "Injury" as used in this chapter shall mean and include
12   accidental injuries and/or occupational diseases arising out of
13   emergency management activities.
14       (23) "Interconnected voice over internet protocol service
15   provider" means a provider of interconnected voice over internet
16   protocol service as defined by the federal communications commission
17   in 47 C.F.R. Sec. 9.3 on January 1, 2009, or a subsequent date
18   determined by the department.
19       (24) "Life safety information" means information provided to
20   people during a response to a life-threatening emergency or disaster
21   informing them of actions they can take to preserve their safety.
22   Such information may include, but is not limited to, information
23   regarding   evacuation,  sheltering,    sheltering-in-place,  facility
24   lockdown, and where to obtain food and water.
25       (25) "Local director" means the director of a local organization
26   of emergency management or emergency services.
27       (26) "Local organization for emergency services or management"
28   means an organization created in accordance with the provisions of
29   this chapter by state or local authority to perform local emergency
30   management functions.
31       (27) "Next generation 911" means an internet protocol-based
32   system comprised of managed emergency services internet protocol
33   networks, functional elements (applications), and databases that
34   replicate enhanced 911 features and functions as defined in RCW
35   82.14B.020(4) that provide additional capabilities designed to
36   provide   access    to  emergency    services   from    all  connected
37   communications sources and provide multimedia data capabilities for
38   public safety answering points.
39       (28) "Next generation 911 demarcation point" means the location
40   and equipment that separates the next generation 911 network from:
                                      p. 5                          HB 2135
 1        (a) A telecommunications provider's network, known as the ingress
 2   next generation 911 demarcation point; and
 3        (b) A public safety answering point, known as the egress next
 4   generation 911 demarcation point.
 5        (29) "Next generation 911 emergency communications system" means
 6   a public communications system consisting of networks, databases, and
 7   public safety answering point 911 hardware, software, and technology
 8   that is accessed by the public in the state through 911. The system
 9   includes the capability to: Route incoming 911 voice and data to the
10   appropriate public safety answering point that operates in a defined
11   911 service area; answer incoming 911 voice and data; and receive and
12   display incoming 911 voice and data, including automatic location
13   identification and automatic number identification, at a public
14   safety answering point. "Next generation 911 emergency communications
15   system" includes future modernizations to the 911 system.
16        (30) "Next generation 911 emergency services internet protocol
17   network" means a managed internet protocol network used for 911
18   emergency services communications that is managed and maintained,
19   including security and credentialing functions, by the state 911
20   coordination office to provide next generation 911 emergency
21   communications from the ingress next generation 911 demarcation point
22   to the egress next generation 911 demarcation point. It provides the
23   internet protocol transport infrastructure upon which application
24   platforms and core services are necessary for providing next
25   generation 911 services. Next generation 911 emergency services
26   internet protocol networks may be constructed from a mix of dedicated
27   and shared facilities and may be interconnected at local, regional,
28   state, federal, national, and international levels to form an
29   internet protocol-based inter-network (network of networks).
30       (31) "Next generation 911 service" means public access to the
31   next    generation  911   emergency   communications  system  and   its
32   capabilities by accessing 911 from communication devices to report
33   police, fire, medical, or other emergency situations to a public
34   safety answering point.
35        (32) "Political subdivision" means any county, city or town.
36        (33) "Public agency" means the state, and a city, county,
37   municipal corporation, district, town, or public authority located,
38   in whole or in part, within this state which provides or may provide
39   firefighting,    police,   ambulance,   medical,  or  other   emergency
40   services.
                                      p. 6                          HB 2135
 1       (34) "Public safety answering point" means the public safety
 2   location that receives and answers 911 voice and data originating in
 3   a given area as designated by the county. Public safety answering
 4   points must be equipped with 911 hardware, software, and technology
 5   that is accessed through 911 and is capable of answering incoming 911
 6   calls and receiving and displaying incoming 911 data.
 7       (a) "Primary public safety answering point" means a public safety
 8   answering point, as designated by the county, to which 911 calls and
 9   data originating in a given area and entering the next generation 911
10   network are initially routed for answering.
11       (b) "Secondary public safety answering point" means a public
12   safety answering point, as designated by the county, that only
13   receives 911 voice and data that has been transferred by other public
14   safety answering points.
15       (35)   "Radio   communications  service   company"   means  every
16   corporation, company, association, joint stock, partnership, and
17   person, their lessees, trustees, or receivers appointed by any court,
18   and every city or town making available facilities to provide
19   commercial mobile radio services, as defined by 47 U.S.C. Sec.
20   332(d)(1), or cellular communications services for hire, sale, and
21   both facilities-based and nonfacilities-based resellers, and does not
22   include radio paging providers.
23       (36) "Search and rescue" means the acts of searching for,
24   rescuing, or recovering by means of ground, marine, or air activity
25   any person who becomes lost, injured, or is killed while outdoors or
26   as a result of a natural, technological, or human-caused disaster,
27   including instances involving searches for downed aircraft when
28   ground personnel are used. Nothing in this section shall affect
29   appropriate activity by the department of transportation under
30   chapter 47.68 RCW.
31       (37) "Telecommunications provider" means a telecommunications
32   company as defined in RCW 80.04.010, a radio communications service
33   company as defined in ((RCW 38.52.010)) this section, a commercial
34   mobile radio service provider as defined in 47 C.F.R. Sec. 20.3,
35   providers of interconnected voice over internet protocol service as
36   defined in ((RCW 38.52.010)) this section, and providers of data
37   services.
38       (38) "Washington state patrol public safety answering points"
39   means those designated as primary or secondary public safety
40   answering points by the counties in which they provide service.
                                     p. 7                          HB 2135
 1       Sec. 2. RCW 38.52.180 and 2017 c 36 s 1 are each amended to read
 2   as follows:
 3       (1) There shall be no liability on the part of anyone including
 4   any person, partnership, corporation, the state of Washington or any
 5   political subdivision thereof who owns or maintains any building or
 6   premises which have been designated by a local organization for
 7   emergency management as a shelter from destructive operations or
 8   attacks by enemies of the United States for any injuries sustained by
 9   any person while in or upon said building or premises, as a result of
10   the condition of said building or premises or as a result of any act
11   or omission, or in any way arising from the designation of such
12   premises as a shelter, when such person has entered or gone upon or
13   into said building or premises for the purpose of seeking refuge
14   therein during destructive operations or attacks by enemies of the
15   United States or during tests ordered by lawful authority, except for
16   an act of willful negligence by such owner or occupant or his or her
17   servants, agents, or employees.
18       (2) All legal liability for damage to property or injury or death
19   to persons (except an emergency worker, regularly enrolled and acting
20   as such), caused by acts done or attempted during or while traveling
21   to or from an emergency or disaster, search and rescue, or training
22   or exercise authorized by the department in preparation for an
23   emergency or disaster or search and rescue, under the color of this
24   chapter in a bona fide attempt to comply therewith, except as
25   provided in subsections (3), (4), and (5) of this section regarding
26   covered volunteer emergency workers, shall be the obligation of the
27   state of Washington. Suits may be instituted and maintained against
28   the state for the enforcement of such liability, or for the
29   indemnification of persons appointed and regularly enrolled as
30   emergency workers while actually engaged in emergency management
31   duties, or as members of any agency of the state or political
32   subdivision thereof, or federally recognized Indian tribe located
33   within the boundaries of the state, engaged in emergency management
34   activity, or their dependents, for damage done to their private
35   property, or for any judgment against them for acts done in good
36   faith in compliance with this chapter: PROVIDED, That the foregoing
37   shall not be construed to result in indemnification in any case of
38   willful misconduct, gross negligence, or bad faith on the part of any
39   agent of emergency management: PROVIDED, That should the United
40   States or any agency thereof, in accordance with any federal statute,
                                     p. 8                          HB 2135
 1   rule, or regulation, provide for the payment of damages to property
 2   and/or for death or injury as provided for in this section, then and
 3   in that event there shall be no liability or obligation whatsoever
 4   upon the part of the state of Washington for any such damage, death,
 5   or injury for which the United States government assumes liability.
 6       (3) No act or omission by a covered volunteer emergency worker
 7   while engaged in a covered activity shall impose any liability for
 8   civil damages resulting from such an act or omission upon:
 9       (a) The covered volunteer emergency worker;
10       (b) The supervisor or supervisors of the covered volunteer
11   emergency worker;
12       (c) Any facility or their officers or employees;
13       (d) The employer of the covered volunteer emergency worker;
14       (e) The owner of the property or vehicle where the act or
15   omission may have occurred during the covered activity;
16       (f) Any local organization that registered the covered volunteer
17   emergency worker;
18       (g) The state or any state or local governmental entity; ((and))
19       (h) Federally recognized Indian tribes located within the
20   boundaries of the state; and
21       (i) Any professional or trade association of covered volunteer
22   emergency workers.
23       (4) The immunity in subsection (3) of this section applies only
24   when the covered volunteer emergency worker was engaged in a covered
25   activity:
26       (a) Within the scope of his or her assigned duties;
27       (b) Under the direction of a local emergency management
28   organization or the department, or a local law enforcement agency for
29   search and rescue; and
30       (c) The act or omission does not constitute gross negligence or
31   willful or wanton misconduct.
32       (5) For purposes of this section:
33       (a) "Covered volunteer emergency worker" means an emergency
34   worker as defined in RCW 38.52.010 who (i) is not receiving or
35   expecting compensation as an emergency worker from the state or local
36   government, or (ii) is not a state or local government employee
37   unless on leave without pay status.
38       (b) "Covered activity" means:
39       (i) Providing assistance or transportation authorized by the
40   department during an emergency or disaster or search and rescue as
                                     p. 9                          HB 2135
 1   defined in RCW 38.52.010, whether such assistance or transportation
 2   is provided at the scene of the emergency or disaster or search and
 3   rescue, at an alternative care site, at a hospital, or while in route
 4   to or from such sites or between sites; or
 5       (ii) Participating in training or exercise authorized by the
 6   department in preparation for an emergency or disaster or search and
 7   rescue.
 8       (6) Any requirement for a license to practice any professional,
 9   mechanical, or other skill shall not apply to any authorized
10   emergency worker who shall, in the course of performing his or her
11   duties as such, practice such professional, mechanical, or other
12   skill during an emergency described in this chapter.
13       (7) The provisions of this section shall not affect the right of
14   any person to receive benefits to which he or she would otherwise be
15   entitled under this chapter, or under the workers' compensation law,
16   or under any pension or retirement law, nor the right of any such
17   person to receive any benefits or compensation under any act of
18   congress.
19       (8) Any act or omission by a covered volunteer emergency worker
20   while engaged in a covered activity using an off-road vehicle,
21   nonhighway vehicle, or wheeled all-terrain vehicle does not impose
22   any liability for civil damages resulting from such an act or
23   omission upon the covered volunteer emergency worker or the worker's
24   sponsoring organization.

                                  --- END ---




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