HB 2135 Bill Analysis: Including federally recognized tribes as part of the emergency worker program

Summary

A House Bill Analysis of HB 2135 prepared by the Washington State House of Representatives Office of Program Research for the Innovation, Community & Economic Development, & Veterans Committee, for a January 12, 2024 hearing. The bill, requested by the Military Department, would expand the department's Emergency Worker Program to include members of federally recognized tribes. The background section describes the Emergency Management Act's state liability and indemnification duties and its immunity for covered volunteer emergency workers. Under the bill, emergency workers would include a person registered with a federally recognized tribe if the Department receives the tribal government's participation resolution; indemnification would extend to tribe members and immunity to the tribes. It lists no appropriation and an effective date 90 days after adjournment.

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Full text

Washington State                  BILL
House of Representatives
Office of Program Research   ANALYSIS
Innovation, Community & Economic
Development, & Veterans Committee
                                        HB 2135
Brief Description: Including federally recognized tribes as part of the Washington emergency
     management division emergency worker program.

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


                                     Brief Summary of Bill
          • Expands the Military Department's Emergency Worker Program to
            include members of federally recognized tribes.


Hearing Date: 1/12/24

Staff: Emily Poole (786-7106).

Background:

The Military Department (Department), under the direction of the state's Adjutant General, is
responsible for administering a comprehensive emergency management program for the state.
Each political subdivision of the state must establish or jointly create a local organization
for carrying out emergency management functions in accordance with the Washington
State Comprehensive Emergency Management Plan.

The state's Emergency Management Act (EMA) requires the state to accept liability for harm
caused by acts arising from good faith attempts to comply with the EMA. In certain
circumstances, the state must indemnify a person who has been appointed and regularly enrolled
as an emergency worker or who is an employee of the state or a local government.




     This analysis was prepared by non-partisan legislative staff for the use of legislative
     members in their deliberations. This analysis is not part of the legislation nor does it
     constitute a statement of legislative intent.

House Bill Analysis                             -1-                                         HB 2135
The EMA grants immunity from legal liability for acts of covered volunteer emergency workers
while engaged in a covered activity. "Covered activity" means providing assistance or
transportation during an emergency or disaster or a search and rescue, or participating in a
training or exercise in preparation for an emergency or disaster or a search and rescue. A
"covered volunteer emergency worker" is a volunteer who is registered as an emergency worker
with the local emergency management organization or the Department. The covered volunteer
emergency worker immunity extends to:
    • the covered volunteer emergency worker;
    • the covered volunteer emergency worker's supervisor and employer;
    • any facility or their officers or employees;
    • the owner of the property or vehicle where the act or omission may have occurred;
    • any local organization that registered the volunteer;
    • the state or any state or local governmental entity; and
    • any professional or trade association of covered volunteer emergency workers.

The covered volunteer emergency worker immunity applies only when the covered volunteer
emergency worker was engaged in a covered activity within the volunteer emergency worker's
assigned duties and under the direction of a local emergency management organization or the
Department, or under a local law enforcement agency if for a search and rescue. The covered
volunteer emergency worker immunity also only applies if the covered volunteer emergency
worker's act or omission does not constitute gross negligence or willful or wanton misconduct.

Summary of Bill:

The definition of emergency worker is expanded to include a person who is registered with a
federally recognized tribe, so long as the Department receives a tribal government resolution
declaring the tribal government's intention to be a participant in the Emergency Worker
Program.

The state's responsibility under the EMA to accept liability for harm caused by acts arising from
good faith attempts to comply with the EMA is expanded to include indemnification of members
of federally recognized tribes. The immunity provided for acts or omissions of covered
volunteer emergency workers while engaged in a covered activity extends to federally
recognized tribes.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is
passed.




House Bill Analysis                            -2-                                         HB 2135


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