Emergency Management (Revised Code of Washington (RCW): Title 38 - Militia and Military Affairs; Chapter 38.52)

§ 13.] RCW 38.52.115 https://app.leg.wa.gov/RCW/default.aspx?cite=38.52&full=true 18/46 6/29/2020 Chapter 38.52 RCW: EMERGENCY MANAGEMENT Liability of federal, state, and local agencies, and employees—Facilitation of access of first informer broadcaster. Federal, state, and local agencies, and their employees, are not liable for any action, or failure to act, when facilitating access of a first informer broadcaster to an area affected by an emergency or disaster. [ 2019 c 207 § 3.] RCW 38.52.120 Political activity prohibited. No organization for emergency management established under the authority of this chapter shall participate in any form of political activity, nor shall it be employed directly or indirectly for political purposes. [ 1984 c 38 § 12; 1974 ex.s. c 171 § 14; 1951 c 178 § 14.] RCW 38.52.140 Status of civil service employee preserved. Any civil service employee of the state of Washington or of any political subdivision thereof while on leave of absence and on duty with any emergency management agency authorized under the provisions of this chapter shall be preserved in his or her civil service status as to seniority and retirement rights so long as he or she regularly continues to make the usual contributions incident to the retention of such beneficial rights as if he or she were not on leave of absence. [ 2011 c 336 § 790; 1984 c 38 § 13; 1974 ex.s. c 171 § 16; 1951 c 178 § 16.] RCW 38.52.150 Orders, rules, regulations—Enforcement—Availability—Penalty. (1) It shall be the duty of every organization for emergency management established pursuant to this chapter and of the officers thereof to execute and enforce such orders, rules, and regulations as may be made by the governor under authority of this chapter. Each such organization shall have available for inspection at its office all orders, rules, and regulations made by the governor, or under his or her authority. (2)(a) Except as provided in (b) of this subsection, every violation of any rule, regulation, or order issued under the authority of this chapter is a misdemeanor. (b) A second offense hereunder the same is a gross misdemeanor. [ 2003 c 53 § 211; 1984 c 38 § 14; 1974 ex.s. c 171 § 17; 1951 c 178 § 18.] NOTES: https://app.leg.wa.gov/RCW/default.aspx?cite=38.52&full=true 19/46 6/29/2020 Chapter 38.52 RCW: EMERGENCY MANAGEMENT Intent—Effective date—2003 c 53: See notes following RCW 2.48.180. RCW 38.52.160 Matching funds from political subdivision may be required. The emergency management agency is hereby authorized to require of any political subdivision to which funds are allocated under this chapter for any project, use or activity that such subdivision shall provide matching funds in equal amounts with respect to such project, use or activity. [ 1984 c 38 § 15; 1974 ex.s. c 171 § 18; 1951 c 178 § 19.] RCW 38.52.170 Plan for federal area. Whenever the director finds that it will be in the interest of the emergency management of this state or of the United States, the director may, with the approval of the governor, agree with the federal government, or any agency thereof carrying on activities within this state, upon a plan of emergency management applicable to a federally owned area, which plan may or may not conform to all of the other provisions of this chapter with the view to integrating federally owned areas into the comprehensive plan and program of the emergency management of this state. Such plan may confer upon persons carrying out such plan any or all of the rights, powers, privileges and immunities granted employees or representatives of the state and/or its political subdivisions by this chapter. The plan of emergency management authorized under this section may not include preparation for emergency evacuation or relocation of residents in anticipation of nuclear attack. [ 1986 c 266 § 30; 1984 c 38 § 16; 1974 ex.s. c 171 § 19; 1951 c 178 § 20.] NOTES: Severability—1986 c 266: See note following RCW 38.52.005. RCW 38.52.180 Liability for property damage, bodily injury, death—Immunity—Assumption by state—Indemnification—Immunity from liability for covered volunteers. (1) There shall be no liability on the part of anyone including any person, partnership, corporation, the state of Washington or any political subdivision thereof who owns or maintains any building or premises which have been designated by a local organization for emergency management as a shelter from destructive operations or attacks by enemies of the United States for any injuries sustained by any person while in or upon said building or premises, as a result of the condition of said building or premises or as a result of any act or omission, or in any way arising from the designation of such premises as a https://app.leg.wa.gov/RCW/default.aspx?cite=38.52&full=true 20/46 6/29/2020 Chapter 38.52 RCW: EMERGENCY MANAGEMENT shelter, when such person has entered or gone upon or into said building or premises for the purpose of seeking refuge therein during destructive operations or attacks by enemies of the United States or during tests ordered by lawful authority, except for an act of willful negligence by such owner or occupant or his or her servants, agents, or employees. (2) All legal liability for damage to property or injury or death to persons (except an emergency worker, regularly enrolled and acting as such), caused by acts done or attempted during or while traveling to or from an emergency or disaster, search and rescue, or training or exercise authorized by the department in preparation for an emergency or disaster or search and rescue, under the color of this chapter in a bona fide attempt to comply therewith, except as provided in subsections (3), (4), and (5) of this section regarding covered volunteer emergency workers, shall be the obligation of the state of Washington. Suits may be instituted and maintained against the state for the enforcement of such liability, or for the indemnification of persons appointed and regularly enrolled as emergency workers while actually engaged in emergency management duties, or as members of any agency of the state or political subdivision thereof engaged in emergency management activity, or their dependents, for damage done to their private property, or for any judgment against them for acts done in good faith in compliance with this chapter: PROVIDED, That the foregoing shall not be construed to result in indemnification in any case of willful misconduct, gross negligence, or bad faith on the part of any agent of emergency management: PROVIDED, That should the United States or any agency thereof, in accordance with any federal statute, rule, or regulation, provide for the payment of damages to property and/or for death or injury as provided for in this section, then and in that event there shall be no liability or obligation whatsoever upon the part of the state of Washington for any such damage, death, or injury for which the United States government assumes liability. (3) No act or omission by a covered volunteer emergency worker while engaged in a covered activity shall impose any liability for civil damages resulting from such an act or omission upon: (a) The covered volunteer emergency worker; (b) The supervisor or supervisors of the covered volunteer emergency worker; (c) Any facility or their officers or employees; (d) The employer of the covered volunteer emergency worker; (e) The owner of the property or vehicle where the act or omission may have occurred during the covered activity; (f) Any local organization that registered the covered volunteer emergency worker; (g) The state or any state or local governmental entity; and (h) Any professional or trade association of covered volunteer emergency workers. (4) The immunity in subsection (3) of this section applies only when the covered volunteer emergency worker was engaged in a covered activity: (a) Within the scope of his or her assigned duties; (b) Under the direction of a local emergency management organization or the department, or a local law enforcement agency for search and rescue; and (c) The act or omission does not constitute gross negligence or willful or wanton misconduct. (5) For purposes of this section: (a) "Covered volunteer emergency worker" means an emergency worker as defined in RCW 38.52.010 who (i) is not receiving or expecting compensation as an emergency worker from the state or local government, or (ii) is not a state or local government employee unless on leave without pay status. (b) "Covered activity" means: (i) Providing assistance or transportation authorized by the department during an emergency or disaster or search and rescue as defined in RCW 38.52.010, whether such assistance or transportation is provided at the scene of the emergency or disaster or search and rescue, at an alternative care site, at a hospital, or while in route to or from such sites or between sites; or (ii) Participating in training or exercise authorized by the department in preparation for an emergency or disaster or search and rescue. https://app.leg.wa.gov/RCW/default.aspx?cite=38.52&full=true 21/46 6/29/2020 Chapter 38.52 RCW: EMERGENCY MANAGEMENT (6) Any requirement for a license to practice any professional, mechanical, or other skill shall not apply to any authorized emergency worker who shall, in the course of performing his or her duties as such, practice such professional, mechanical, or other skill during an emergency described in this chapter. (7) The provisions of this section shall not affect the right of any person to receive benefits to which he or she would otherwise be entitled under this chapter, or under the workers' compensation law, or under any pension or retirement law, nor the right of any such person to receive any benefits or compensation under any act of congress. (8) Any act or omission by a covered volunteer emergency worker while engaged in a covered activity using an off-road vehicle, nonhighway vehicle, or wheeled all-terrain vehicle does not impose any liability for civil damages resulting from such an act or omission upon the covered volunteer emergency worker or the worker's sponsoring organization. [ 2017 c 36 § 1; 2016 c 84 § 1; 2011 c 336 § 791; 2007 c 292 § 2; 1987 c 185 § 7; 1984 c 38 § 17; 1974 ex.s. c 171 § 20; 1971 ex.s. c 8 § 2; 1953 c 145 § 1; 1951 c 178 § 11.] NOTES: Intent—Severability—1987 c 185: See notes following RCW 51.12.130. RCW 38.52.190 Compensation for injury or death—Chapter exclusive. Except as provided in this chapter, an emergency worker and his or her dependents shall have no right to receive compensation from the state, from the agency, from the local organization for emergency management with which he or she is registered, or from the county or city which has empowered the local organization for emergency management to register him or her and direct his or her activities, for an injury or death arising out of and occurring in the course of his or her activities as an emergency worker. [ 2011 c 336 § 792; 1984 c 38 § 18; 1974 ex.s. c 171 § 21; 1953 c 223 § 3.] RCW 38.52.195 Exemption from liability while providing construction, equipment, or work. Notwithstanding any other provision of law, no person, firm, corporation, or other entity acting under the direction or control of the proper authority to provide construction, equipment, or work as provided for in RCW 38.52.110, 38.52.180, 38.52.195, 38.52.205, 38.52.207, 38.52.220, and 38.52.390 while complying with or attempting to comply with RCW 38.52.110, 38.52.180, 38.52.195, 38.52.205, 38.52.207, 38.52.220, and 38.52.390 or any rule or regulation promulgated pursuant to the provisions of RCW 38.52.110, 38.52.180, 38.52.195, 38.52.205, 38.52.207, 38.52.220, and 38.52.390 shall be liable for the death of or any injury to persons or damage to property as a result of any such activity: PROVIDED, That said exemption shall only apply where all of the following conditions occur: (1) Where, at the time of the incident the worker is performing services as an emergency worker, and is acting within the course of his or her duties as an emergency worker; https://app.leg.wa.gov/RCW/default.aspx?cite=38.52&full=true 22/46 6/29/2020 Chapter 38.52 RCW: EMERGENCY MANAGEMENT (2) Where, at the time of the injury, loss, or damage, the organization for emergency management which the worker is assisting is an approved organization for emergency management; (3) Where the injury, loss, or damage is proximately caused by his or her service either with or without negligence as an emergency worker; (4) Where the injury, loss, or damage is not caused by the intoxication of the worker; and (5) Where the injury, loss, or damage is not due to willful misconduct or gross negligence on the part of a worker. [ 2011 c 336 § 793; 1984 c 38 § 19; 1974 ex.s. c 171 § 22; 1971 ex.s. c 8 § 7.] RCW 38.52.1951 Application of exemption from liability for architects and engineers. For purposes of the liability of an architect or engineer serving as a volunteer emergency worker, the exemption from liability provided under RCW 38.52.195 extends to all damages, so long as the conditions specified in RCW 38.52.195 (1) through (5) occur. [ 1993 c 206 § 2.] RCW 38.52.198 Emergency care, rescue, assistance, or recovery services in mine rescue or recovery work—Immunity from liability. No person engaged in mine rescue or recovery work who, in good faith, renders emergency care, rescue, assistance, or recovery services at the scene of any emergency at or in a mine in this state or who employs, sponsors, or represents any person rendering emergency care, rescue, assistance, or recovery services shall be liable for any civil damages as a result of any act or omission by any person in rendering emergency care, rescue, assistance, or recovery service. [ 1985 c 459 § 9.] NOTES: Severability—1985 c 459: See note following RCW 79.14.510. RCW 38.52.200 Liability for compensation is in lieu of other liability—Exception. Liability for the compensation provided by this chapter, as limited by the provisions thereof, is in lieu of any other liability whatsoever to an emergency worker or his or her dependents or any other person on the part of the state, the agency, the local organization for emergency management with which the emergency worker is registered, and the county or city which has empowered the local https://app.leg.wa.gov/RCW/default.aspx?cite=38.52&full=true 23/46 6/29/2020 Chapter 38.52 RCW: EMERGENCY MANAGEMENT organization for emergency management to register him or her and direct his or her activities, for injury or death arising out of and in the course of his or her activities while on duty as an emergency worker: PROVIDED, That nothing in this chapter shall limit or bar the liability of the state or its political subdivisions engaged in proprietary functions as distinguished from governmental functions that may exist by reason of injury or death sustained by an emergency worker. [ 2011 c 336 § 794; 1984 c 38 § 20; 1974 ex.s. c 171 § 23; 1953 c 223 § 9.] RCW 38.52.205 Claims arising from emergency management related activities—Filing—Contents. All claims against the state for property damages or indemnification therefor arising from emergency management related activities will be presented to and filed with the director of financial management. Contents of all such claims shall conform to the tort claim filing requirements found in RCW 4.92.100 as now or hereafter amended. [ 1984 c 38 § 21; 1979 c 151 § 43; 1977 ex.s. c 144 § 6; 1974 ex.s. c 171 § 24; 1971 ex.s. c 8 § 4.] RCW 38.52.207 Claims arising from emergency management related activities—Filing— Consideration, adjustment, settlement, etc., by director—Effect. The director, with the approval of the attorney general, may consider, ascertain, adjust, determine, compromise and settle property loss or damage claims arising out of conduct or circumstances for which the state of Washington would be liable in law for money damages of two thousand dollars or less. The acceptance by the claimant of any such award, compromise, or settlement shall be final and conclusive on the claimant; and upon the state of Washington, unless procured by fraud, and shall constitute a complete release of any claim against the state of Washington. A request for administrative settlement shall not preclude a claimant from filing court action pending administrative determination, or limit the amount recoverable in such a suit, or constitute an admission against interest of either the claimant or the state. [ 1986 c 266 § 31; 1984 c 38 § 22; 1974 ex.s. c 171 § 25; 1971 ex.s. c 8 § 5.] NOTES: Severability—1986 c 266: See note following RCW 38.52.005. RCW 38.52.210 Compensation boards—Established. https://app.leg.wa.gov/RCW/default.aspx?cite=38.52&full=true 24/46 6/29/2020 Chapter 38.52 RCW: EMERGENCY MANAGEMENT (1) In each local organization for emergency management established by the legislative authority of the county in accordance with the provisions of RCW 38.52.070, there is hereby created and established a compensation board for the processing of claims as provided in this chapter. The compensation board shall be composed of: (a) The county executive if the county has an elected county executive or, if it does not, one member of the county legislative authority selected by the authority. The executive or the member will serve as the chair of the compensation board; (b) the county director of emergency services; (c) the prosecuting attorney; (d) the emergency services coordinator for medical and health services; and (e) the county auditor who will serve as secretary of the compensation board. (2) In each local organization for emergency management established by cities and towns in accordance with RCW 38.52.070, there is hereby created and established a compensation board for the processing of claims as provided in this chapter. The compensation board shall be composed of the mayor; the city director of emergency management; one councilmember or commissioner selected by the council or the commission; the city attorney or corporation counsel; and the local coordinator of medical and health services. The councilmember or commissioner so selected shall serve as the chair of the compensation board and the city director of emergency management shall serve as secretary of the board. [ 1986 c 266 § 32; 1984 c 38 § 23; 1981 c 213 § 6; 1974 ex.s. c 171 § 26; 1953 c 223 § 4.] NOTES: Severability—1986 c 266: See note following RCW 38.52.005. RCW 38.52.220 Compensation boards—Meetings—Claims not necessitating board meeting. Said compensation board shall meet on the call of its chair on a regular monthly meeting day when there is business to come before it. The chair shall be required to call a meeting on any monthly meeting day when any claim for compensation under this chapter has been submitted to the board: PROVIDED, That as to claims involving amounts of two thousand dollars or less, the local organization director shall submit recommendations directly to the state without convening a compensation board. [ 2011 c 336 § 795; 1984 c 38 § 24; 1971 ex.s. c 8 § 3; 1953 c 223 § 5.] RCW 38.52.230 Compensation boards—Attendance of witnesses, oaths, rules—Members uncompensated. The compensation board, in addition to other powers herein granted, shall have the power to compel the attendance of witnesses to testify before it on all matters connected with the operation of this chapter and its chair or any member of said board may administer oath to such witnesses; to make all necessary rules and regulations for its guidance in conformity with the provisions of this chapter: PROVIDED, HOWEVER, That no compensation or emoluments shall be paid to any member of said board for any duties performed as a member of said compensation board. https://app.leg.wa.gov/RCW/default.aspx?cite=38.52&full=true 25/46 6/29/2020 Chapter 38.52 RCW: EMERGENCY MANAGEMENT [ 2011 c 336 § 796; 1953 c 223 § 6.] RCW 38.52.240 Compensation boards—Duties as to compensation applications. The compensation board shall hear and decide all applications for compensation under this chapter. The board shall submit its recommendations to the director on such forms as he or she may prescribe. In case the decision of the director is different from the recommendation of the compensation board, the matter shall be submitted to the state emergency management council for action. [ 1986 c 266 § 33; 1984 c 38 § 25; 1974 ex.s. c 171 § 27; 1953 c 223 § 7.] NOTES: Severability—1986 c 266: See note following RCW 38.52.005. RCW 38.52.250 Compensation boards—Quorum—Transmittal of minutes, claims—Appeal to department. A majority of the compensation board shall constitute a quorum, and no business shall be transacted when a majority is not present, and no claim shall be allowed when a majority of the board has not voted favorably thereon. The board shall send a copy of the minutes of all meetings to the department with copies of all material pertaining to each claim submitted and noting the action of the board on each claim. Appeals may be made by the emergency worker from any action by the board within one year by writing to the department. [ 1986 c 266 § 34; 1984 c 38 § 26; 1974 ex.s. c 171 § 28; 1953 c 223 § 8.] NOTES: Severability—1986 c 266: See note following RCW 38.52.005. RCW 38.52.260 When compensation furnished. Compensation shall be furnished to an emergency worker either within or without the state for any injury arising out of and occurring in the course of his or her activities as an emergency worker, and for the death of any such worker if the injury proximately causes death, in those cases where the following conditions occur: https://app.leg.wa.gov/RCW/default.aspx?cite=38.52&full=true 26/46 6/29/2020 Chapter 38.52 RCW: EMERGENCY MANAGEMENT (1) Where, at the time of the injury the emergency worker is performing services as an emergency worker, and is acting within the course of his or her duties as an emergency worker. (2) Where, at the time of the injury the local organization for emergency management with which the emergency worker is registered is an approved local organization for emergency management. (3) Where the injury is proximately caused by his or her service as an emergency worker, either with or without negligence. (4) Where the injury is not caused by the intoxication of the injured emergency worker. (5) Where the injury is not intentionally self-inflicted. [ 2011 c 336 § 797; 1984 c 38 § 27; 1974 ex.s. c 171 § 29; 1953 c 223 § 10.] RCW 38.52.270 Minors entitled to benefits. Emergency workers who are minors shall have the same rights as adults for the purpose of receiving benefits under the provisions of this chapter, but this provision shall not prevent the requirements that a guardian be appointed to receive and administer such benefits until the majority of such minor. Work as an emergency worker shall not be deemed as employment or in violation of any of the provisions of chapter 49.12 RCW. [ 1984 c 38 § 28; 1974 ex.s. c 171 § 30; 1953 c 223 § 11.] RCW 38.52.280 Compensation and benefits limited by appropriation. No compensation or benefits shall be paid or furnished to emergency workers or their dependents pursuant to the provisions of this chapter except from money appropriated for the purpose of this chapter. [ 1984 c 38 § 29; 1974 ex.s. c 171 § 31; 1953 c 223 § 12.] RCW 38.52.290 Applicability of workers' compensation law. Insofar as not inconsistent with the provisions of this chapter, the maximum amount payable to a claimant shall be not greater than the amount allowable for similar disability under the workers' compensation act, chapter 51.32 RCW as amended by chapter 289, Laws of 1971 ex.sess., and any amendments thereto. "Employee" as used in said title shall include an emergency worker when liability for the furnishing of compensation and benefits exists pursuant to the provisions of this chapter and as limited by the provisions of this chapter. Where liability for compensation and benefits exists, such compensation and benefits shall be provided in accordance with the applicable provisions of said sections of chapter 51.32 RCW and at the maximum rate provided therein, subject, however, to the limitations set forth in this chapter. https://app.leg.wa.gov/RCW/default.aspx?cite=38.52&full=true 27/46 6/29/2020 Chapter 38.52 RCW: EMERGENCY MANAGEMENT [ 1987 c 185 § 8; 1984 c 38 § 30; 1974 ex.s. c 171 § 32; 1971 ex.s. c 289 § 71; 1953 c 223 § 13.] NOTES: Intent—Severability—1987 c 185: See notes following RCW 51.12.130. Severability—Effective dates—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070. RCW 38.52.300 Right of action against third party. If the injury to an emergency worker is due to the negligence or wrong of another not on emergency duty, the injured worker, or if death results from the injury, the surviving spouse, children, parents or dependents, as the case may be, shall elect whether to take under this chapter or seek a remedy against such other, such election to be in advance of any suit under this chapter; and if the surviving spouse takes under this chapter, the cause of action against such other shall be assigned to the department; if the other choice is made, the compensation under this chapter shall be only the deficiency, if any, between the amount of recovery against such third person actually collected, and the compensation provided or estimated for such case under authority of this chapter: PROVIDED, That the department shall prosecute all claims assigned to it and do any and all things necessary to recover on behalf of the state any and all amounts which an employer or insurance carrier might recover under the provisions of the law. [ 1986 c 266 § 35; 1984 c 38 § 31; 1973 1st ex.s. c 154 § 59; 1953 c 223 § 14.] NOTES: Severability—1986 c 266: See note following RCW 38.52.005. Severability—1973 1st ex.s. c 154: See note following RCW 2.12.030. RCW 38.52.310 Coverage, classification, registration, of workers. The department shall establish by rule and regulation various classes of emergency workers, the scope of the duties of each class, and the conditions under which said workers shall be deemed to be on duty and covered by the provisions of this chapter. The department shall also adopt rules and regulations prescribing the manner in which emergency workers of each class are to be registered. [ 1986 c 266 § 36; 1984 c 38 § 32; 1974 ex.s. c 171 § 33; 1953 c 223 § 15.] NOTES: https://app.leg.wa.gov/RCW/default.aspx?cite=38.52&full=true 28/46 6/29/2020 Chapter 38.52 RCW: EMERGENCY MANAGEMENT Severability—1986 c 266: See note following RCW 38.52.005. RCW 38.52.320 Schedule of payments. The department shall provide each compensation board with the approved maximum schedule of payments for injury or death prescribed in chapter 51.32 RCW: PROVIDED, That nothing in this chapter shall be construed as establishing any liability on the part of the department of labor and industries. [ 1986 c 266 § 37; 1984 c 38 § 33; 1974 ex.s. c 171 § 34; 1953 c 223 § 16.] NOTES: Severability—1986 c 266: See note following RCW 38.52.005. RCW 38.52.330 Expenditures authorized—Claims, payment and disposition—Appeals. The department is authorized to make all expenditures necessary and proper to carry out the provisions of this chapter including payments to claimants for compensation as emergency workers and their dependents; to adjust and dispose of all claims submitted by a local compensation board. When medical treatment is necessary, the department is authorized to make medical and compensation payments on an interim basis. Nothing herein shall be construed to mean that the department or the state emergency management council or its officers or agents shall have the final decision with respect to the compensability of any case or the amount of compensation or benefits due, but any emergency worker or his or her dependents shall have the same right of appeal from any order, decision, or award to the same extent as provided in chapter 51.32 RCW. [ 1986 c 266 § 38; 1984 c 38 § 34; 1979 ex.s. c 268 § 3; 1974 ex.s. c 171 § 35; 1971 ex.s. c 289 § 72; 1953 c 223 § 17.] NOTES: Severability—1986 c 266: See note following RCW 38.52.005. Severability—Effective dates—1971 ex.s. c 289: See RCW 51.98.060 and 51.98.070. RCW 38.52.340 Benefits under other compensation plans. https://app.leg.wa.gov/RCW/default.aspx?cite=38.52&full=true 29/46 6/29/2020 Chapter 38.52 RCW: EMERGENCY MANAGEMENT Nothing in this chapter shall deprive any emergency worker or his or her dependents of any right to compensation for injury or death sustained in the course of his or her regular employment even though his or her regular work is under direction of emergency management authorities: PROVIDED, That such worker, if he or she is eligible for some other compensation plan, and receives the benefits of such plan shall not also receive any compensation under this chapter. The department shall adopt such rules and regulations as may be necessary to protect the rights of such workers and may enter into agreements with authorities in charge of other compensation plans to insure protection of such workers: PROVIDED, That if the compensation from some other plan is less than would have been available under this chapter, he or she shall be entitled to receive the deficiency between the amount received under such other plan and the amount available under this chapter. [ 1986 c 266 § 39; 1984 c 38 § 35; 1974 ex.s. c 171 § 36; 1953 c 223 § 18.] NOTES: Severability—1986 c 266: See note following RCW 38.52.005. RCW 38.52.350 Benefits furnished under federal law—Reduction of state benefits. Should the United States or any agent thereof, in accordance with any federal statute or rule or regulation, furnish monetary assistance, benefits, or other temporary or permanent relief to emergency workers or to their dependents for injuries arising out of and occurring in the course of their activities as emergency workers, then the amount of compensation which any emergency worker or his or her dependents are otherwise entitled to receive from the state of Washington as provided herein, shall be reduced by the amount of monetary assistance, benefits, or other temporary or permanent relief the emergency worker or his or her dependents have received and will receive from the United States or any agent thereof as a result of his or her injury. [ 2011 c 336 § 798; 1984 c 38 § 36; 1974 ex.s. c 171 § 37; 1953 c 223 § 19.] RCW 38.52.360 Medical, surgical or hospital treatment. If, in addition to monetary assistance, benefits or other temporary or permanent relief, the United States or any agent thereof furnishes medical, surgical or hospital treatment or any combination thereof to an injured emergency worker, then the emergency worker has no right to receive similar medical, surgical or hospital treatment as provided in this chapter. However, the department may furnish medical, surgical or hospital treatment as part of the compensation provided under the provisions of this chapter. [ 1986 c 266 § 40; 1984 c 38 § 37; 1974 ex.s. c 171 § 38; 1953 c 223 § 20.] NOTES: https://app.leg.wa.gov/RCW/default.aspx?cite=38.52&full=true 30/46 6/29/2020 Chapter 38.52 RCW: EMERGENCY MANAGEMENT Severability—1986 c 266: See note following RCW 38.52.005. RCW 38.52.370 Medical, surgical or hospital treatment—Reimbursement. If, in addition to monetary assistance, benefits, or other temporary or permanent relief, the United States or any agent thereof, will reimburse an emergency worker or his or her dependents for medical, surgical or hospital treatment, or any combination thereof, furnished to the injured emergency worker, the emergency worker has no right to receive similar medical, surgical or hospital treatment as provided in this chapter, but the department, may furnish a medical, surgical or hospital treatment as part of the compensation provided under the provisions of this chapter and apply to the United States or its agent for the reimbursement which will be made to the emergency worker or his or her dependents. As a condition to the furnishing of such medical, surgical or hospital treatment, the department shall require the emergency worker and his dependents to assign to the state of Washington, for the purpose of reimbursing for any medical, surgical or hospital treatment furnished or to be furnished by the state, any claim or right such emergency worker or his or her dependents may have to reimbursement from the United States or any agent thereof. [ 1986 c 266 § 41; 1984 c 38 § 38; 1974 ex.s. c 171 § 39; 1953 c 223 § 21.] NOTES: Severability—1986 c 266: See note following RCW 38.52.005. RCW 38.52.380 State compensation denied if payment prevents federal benefits. If the furnishing of compensation under the provisions of this chapter to an emergency worker or his or her dependents prevents such emergency worker or his or her dependents from receiving assistance, benefits, or other temporary or permanent relief under the provisions of a federal statute or rule or regulation, then the emergency worker and his or her dependents shall have no right to, and shall not receive, any compensation from the state of Washington under the provisions of this chapter for any injury for which the United States or any agent thereof will furnish assistance, benefits, or other temporary or permanent relief in the absence of the furnishing of compensation by the state of Washington. [ 2011 c 336 § 799; 1984 c 38 § 39; 1974 ex.s. c 171 § 40; 1953 c 223 § 22.] RCW 38.52.390 Contracts or work on cost basis for emergency management activities. https://app.leg.wa.gov/RCW/default.aspx?cite=38.52&full=true 31/46 6/29/2020 Chapter 38.52 RCW: EMERGENCY MANAGEMENT The governor, or upon his or her direction, the director, or any political subdivision of the state, is authorized to contract with any person, firm, corporation, or entity to provide construction or work on a cost basis to be used in emergency management functions or activities as defined in *RCW 38.52.010(1) or as hereafter amended, said functions or activities to expressly include natural disasters, as well as all other emergencies of a type contemplated by RCW 38.52.110, 38.52.180, 38.52.195, 38.52.205, 38.52.207, 38.52.220 and 38.52.390. All funds received for purposes of RCW 38.52.110, 38.52.180, 38.52.195, 38.52.205, 38.52.207, 38.52.220 and 38.52.390, whether appropriated funds, local funds, or from whatever source, may be used to pay for the construction, equipment, or work contracted for under this section. [ 1986 c 266 § 42; 1984 c 38 § 40; 1971 ex.s. c 8 § 6.] NOTES: *Reviser's note: RCW 38.52.010 was alphabetized pursuant to RCW 1.08.015(2)(k), changing subsection (1) to subsection (4). RCW 38.52.010 was subsequently amended by 2017 c 312 § 3, changing subsection (4) to subsection (5). RCW 38.52.010 was subsequently amended by 2019 c 207

§ 1 and by 2019 c 471 § 2, changing subsection (5) to subsection (8). Severability—1986 c 266: See note following RCW 38.52.005. RCW 38.52.400 Search and rescue activities—Powers and duties of local officials. (1) The chief law enforcement officer of each political subdivision shall be responsible for local search and rescue activities. Operation of search and rescue activities shall be in accordance with state and local operations plans adopted by the elected governing body of each local political subdivision. These state and local plans must specify the use of the incident command system for multiagency/multijurisdiction search and rescue operations. The local emergency management director shall notify the department of all search and rescue missions. The local director of emergency management shall work in a coordinating capacity directly supporting all search and rescue activities in that political subdivision and in registering emergency search and rescue workers for employee status. The chief law enforcement officer of each political subdivision may restrict access to a specific search and rescue area to personnel authorized by him or her. Access shall be restricted only for the period of time necessary to accomplish the search and rescue mission. No unauthorized person shall interfere with a search and rescue mission. (2) When search and rescue activities result in the discovery of a deceased person or search and rescue workers assist in the recovery of human remains, the chief law enforcement officer of the political subdivision shall insure compliance with chapter 68.50 RCW. [ 2011 c 336 § 800; 1997 c 49 § 5; 1986 c 266 § 43; 1984 c 38 § 41; 1979 ex.s. c 268 § 4.] NOTES: Severability—1986 c 266: See note following RCW 38.52.005. https://app.leg.wa.gov/RCW/default.aspx?cite=38.52&full=true 32/46 6/29/2020 Chapter 38.52 RCW: EMERGENCY MANAGEMENT RCW 38.52.410 Search and rescue activities—Distribution of funds for compensation and reimbursement of volunteers. Funds received by the department specifically for the purposes of compensating search and rescue volunteers shall be distributed by the director to help fund medical and compensation coverage provided by this chapter and provide reimbursement by the state for: (1) Costs involved in extraordinary search and rescue operations such as search and rescue operations lasting over twenty-four hours where food and lodging for workers is necessary; (2) excessive transportation and rescue costs incurred by out-of-county residents which would not be otherwise collectible; and (3) compensation as provided in RCW 38.52.020(1)(d) as now or hereafter amended. [ 1986 c 266 § 44; 1984 c 38 § 42; 1979 ex.s. c 268 § 5.] NOTES: Severability—1986 c 266: See note following RCW 38.52.005. RCW 38.52.420 Model contingency plan for pollution control facilities and hazardous waste management. (1) The department, in consultation with appropriate federal agencies, the departments of natural resources, fish and wildlife, and ecology, representatives of local government, and any other person the director may deem appropriate, shall assist in the development of a model contingency plan, consistent with other plans required for hazardous materials by federal and state law, to serve as a draft plan for local governments which may be incorporated into the state and local emergency management plans. (2) The model contingency plan shall: (a) Include specific recommendations for pollution control facilities which are deemed to be most appropriate for the control, collection, storage, treatment, disposal, and recycling of oil and other spilled material and furthering the prevention and mitigation of such pollution; (b) Include recommendations for the training of local personnel consistent with other training proposed, funded, or required by federal or state laws for hazardous materials; (c) Suggest cooperative training exercises between the public and private sector consistent with other training proposed, funded, or required by federal or state laws for hazardous materials; (d) Identify federal and state laws requiring contingency or management plans applicable or related to prevention of pollution, emergency response capabilities, and hazardous waste management, together with a list of funding sources that local governments may use in development of their specific plans; (e) Promote formal agreements between the department and local entities for effective spill response; and (f) Develop policies and procedures for the augmentation of emergency services and agency spill response personnel through the use of volunteers: PROVIDED, That no contingency plan may require https://app.leg.wa.gov/RCW/default.aspx?cite=38.52&full=true 33/46 6/29/2020 Chapter 38.52 RCW: EMERGENCY MANAGEMENT the use of volunteers by a responding responsible party without that party's consent. [ 1997 c 49 § 6; 1995 c 391 § 4; 1994 c 264 § 11; 1988 c 36 § 11; 1987 c 479 § 3.] NOTES: Effective date—1995 c 391: See note following RCW 38.52.005. RCW 38.52.430 Emergency response caused by person's intoxication—Recovery of costs from convicted person. *** CHANGE IN 2020 *** (SEE 1504-S3.SL) *** A person whose intoxication causes an incident resulting in an appropriate emergency response, and who, in connection with the incident, has been found guilty of or has had their prosecution deferred for (1) driving while under the influence of intoxicating liquor or any drug, RCW 46.61.502; (2) operating an aircraft under the influence of intoxicants or drugs, RCW 47.68.220; (3) use of a vessel while under the influence of alcohol or drugs, RCW 79A.60.040; (4) vehicular homicide while under the influence of intoxicating liquor or any drug, RCW 46.61.520(1)(a); or (5) vehicular assault while under the influence of intoxicating liquor or any drug, RCW 46.61.522(1)(b), is liable for the expense of an emergency response by a public agency to the incident. The expense of an emergency response is a charge against the person liable for expenses under this section. The charge constitutes a debt of that person and is collectible by the public agency incurring those costs in the same manner as in the case of an obligation under a contract, expressed or implied. Following a conviction of an offense listed in this section, and prior to sentencing, the prosecution may present to the court information setting forth the expenses incurred by the public agency for its emergency response to the incident. Upon a finding by the court that the expenses are reasonable, the court shall order the defendant to reimburse the public agency. The cost reimbursement shall be included in the sentencing order as an additional monetary obligation of the defendant and may not be substituted for any other fine or cost required or allowed by statute. The court may establish a payment schedule for the payment of the cost reimbursement, separate from any payment schedule imposed for other fines and costs. In no event shall a person's liability under this section for the expense of an emergency response exceed two thousand five hundred dollars for a particular incident. If more than one public agency makes a claim for payment from an individual for an emergency response to a single incident under the provisions of this section, and the sum of the claims exceeds the amount recovered, the division of the amount recovered shall be determined by an interlocal agreement consistent with the requirements of chapter 39.34 RCW. [ 2012 c 183 § 6; 1993 c 251 § 2.] NOTES: Effective date—2012 c 183: See note following RCW 9.94A.475. https://app.leg.wa.gov/RCW/default.aspx?cite=38.52&full=true 34/46 6/29/2020 Chapter 38.52 RCW: EMERGENCY MANAGEMENT Finding—Intent—1993 c 251: "The legislature finds that a public agency incurs expenses in an emergency response. It is the intent of the legislature to allow a public agency to recover the expenses of an emergency response to an incident involving persons who operate a motor vehicle, boat or vessel, or a civil aircraft while under the influence of an alcoholic beverage or a drug, or the combined influence of an alcoholic beverage and a drug. It is the intent of the legislature that the recovery of expenses of an emergency response under this act shall supplement and shall not supplant other provisions of law relating to the recovery of those expenses." [ 1993 c 251 § 1.] RCW 38.52.440 Assistance for persons with disabilities present at scene of emergency— Assessment and report—Definitions. (1) Subject to the availability of amounts appropriated for this specific purpose, the director, through the state enhanced 911 coordinator, and in collaboration with the department of health, the department of social and health services, the Washington state patrol, the Washington association of sheriffs and police chiefs, the Washington council of police and sheriffs, the state fire marshal's office, a representative of a first responder organization with experience in addressing the needs of a person with a disability, and other individuals and entities at the discretion of the director, must assess, and report back to the appropriate committees of the legislature by December 1, 2018, regarding: (a) The resources, capabilities, techniques, protocols, and procedures available or required in order to include as part of the enhanced 911 emergency service the ability to allow an immediate display on the screen indicating that a person with a disability may be present at the scene of an emergency, the caller's identification, location, phone number, address, and if made available, additional information on the person with a disability that would assist the first responder in the emergency response; (b) How best to acquire, implement, and safeguard a secure web site and the information in the system provided by a person with a disability, or a parent, guardian, or caretaker of a person with a disability in order to make such information directly available to first responders at the scene of an emergency or on the way to the scene of an emergency; (c) What information provided by a person must remain confidential under state or federal law, or otherwise should remain confidential without written permission to release it for purposes of chapter 295, Laws of 2017 or the information is otherwise releasable or available under other provisions of law; and (d) The need to provide various agencies and employees that are first responders and emergency personnel immunity from civil liability for acts or omissions in the performance of their duties, and what standard should apply, such as if the act or omission is the result of simple negligence, gross negligence, or willful misconduct. (2) For purposes of this section: (a) Both "accident" and "emergency" mean an unforeseen combination of circumstances or a resulting situation that results in a need for assistance or relief and calls for immediate action; and (b) "Person with a disability" means an individual who has been diagnosed medically to have a physical, mental, emotional, intellectual, behavioral, developmental, or sensory disability. [ 2017 c 295 § 3.] NOTES: Short title—2017 c 295: See note following RCW 43.70.490. https://app.leg.wa.gov/RCW/default.aspx?cite=38.52&full=true 35/46 6/29/2020 Chapter 38.52 RCW: EMERGENCY MANAGEMENT RCW 38.52.500 Statewide enhanced 911 service—Finding. The legislature finds that a statewide emergency communications network of enhanced 911 telephone service, which allows an immediate display of a caller's identification and location, would serve to further the safety, health, and welfare of the state's citizens, and would save lives. The legislature, after reviewing the study outlined in section 1, chapter 260, Laws of 1990, further finds that statewide implementation of enhanced 911 telephone service is feasible and should be accomplished as soon as practicable. [ 1991 c 54 § 1.] NOTES: Referral to electorate—1991 c 54: See note following RCW 38.52.030. RCW 38.52.501 Statewide enhanced 911 service—Findings. The legislature finds that statewide enhanced 911 has proven to be a lifesaving service and that routing a 911 call to the appropriate public safety answering point with a display of the caller's identification and location should be available for all users of telecommunications services, regardless of the technology used to make and transmit the 911 call. The legislature also finds that it is in the best public interest to ensure that there is adequate ongoing funding to support enhanced 911 service. [ 2002 c 341 § 1.] NOTES: Severability—2002 c 341: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 2002 c 341 § 14.] Effective date—2002 c 341: "This act takes effect January 1, 2003." [ 2002 c 341 § 15.] RCW 38.52.505 Statewide enhanced 911 service—Automatic location identification—Rules. The adjutant general shall establish rules on minimum information requirements of automatic location identification for the purposes of enhanced 911 emergency service. Such rules shall permit the https://app.leg.wa.gov/RCW/default.aspx?cite=38.52&full=true 36/46 6/29/2020 Chapter 38.52 RCW: EMERGENCY MANAGEMENT chief of a local fire department or a chief fire protection officer or such other person as may be designated by the governing body of a city or county to take into consideration local circumstances when approving the accuracy of location information generated when calls are made to 911 from facilities within his or her service area. [ 1999 c 24 § 2.] NOTES: Findings—1999 c 24: "The legislature finds that the citizens of the state increasingly rely on the dependability of enhanced 911, a system that allows the person answering an emergency call to determine the location of the emergency immediately without the caller needing to speak. The legislature further finds that the degree of accuracy of the displayed information must be adequate to permit rapid location of the caller while taking into consideration variables specific to local conditions. The legislature further finds that it is appropriate that rules permitting local fire agencies to evaluate and approve the accuracy of location information relating to their service areas be adopted." [ 1999 c 24 § 1.] RCW 38.52.510 Statewide enhanced 911 service—Funding by counties. Each county, singly or in combination with one or more adjacent counties, must implement countywide or multicounty-wide enhanced 911 emergency communications systems so that enhanced 911 is available throughout the state. The county must provide funding for the enhanced 911 communications system in the county in an amount equal to the amount the maximum tax under RCW 82.14B.030(1) would generate in the county less any applicable administrative fee charged by the department of revenue or the amount necessary to provide full funding of the system in the county. The state enhanced 911 coordination office established by RCW 38.52.520 must assist and facilitate enhanced 911 implementation throughout the state. [ 2010 1st sp.s. c 19 § 14; 1991 c 54 § 3.] NOTES: Effective dates—2010 1st sp.s. c 19: See note following RCW 82.14B.010. Referral to electorate—1991 c 54: See note following RCW 38.52.030. RCW 38.52.520 State enhanced 911 coordination office. A state enhanced 911 coordination office, headed by the state enhanced 911 coordinator, is established in the emergency management division of the department. Duties of the office include: https://app.leg.wa.gov/RCW/default.aspx?cite=38.52&full=true 37/46 6/29/2020 Chapter 38.52 RCW: EMERGENCY MANAGEMENT (1) Coordinating and facilitating the implementation and operation of enhanced 911 emergency communications systems throughout the state; (2) Seeking advice and assistance from, and providing staff support for, the enhanced 911 advisory committee; (3) Recommending to the utilities and transportation commission by August 31st of each year the level of the state enhanced 911 excise tax for the following year; (4) Considering base needs of individual counties for specific assistance, specify rules defining the purposes for which available state enhanced 911 funding may be expended, with the advice and assistance of the enhanced 911 advisory committee; and (5) Providing an annual update to the enhanced 911 advisory committee on how much money each county has spent on: (a) Efforts to modernize their existing enhanced 911 emergency communications system; and (b) Enhanced 911 operational costs. [ 2010 1st sp.s. c 19 § 15; 1991 c 54 § 4.] NOTES: Effective dates—2010 1st sp.s. c 19: See note following RCW 82.14B.010. Referral to electorate—1991 c 54: See note following RCW 38.52.030. RCW 38.52.525 State enhanced 911 coordination office—Public education materials. The state enhanced 911 coordination office may develop and implement public education materials regarding the capability of specific equipment used as part of a private telecommunications system or in the provision of private shared telecommunications services to forward automatic location identification and automatic number identification. [ 1995 c 243 § 9.] NOTES: Findings—Severability—1995 c 243: See notes following RCW 80.36.555. RCW 38.52.530 Enhanced 911 advisory committee (as amended by 2010 1st sp.s. c 7). (Expires December 31, 2011.) The enhanced 911 advisory committee is created to advise and assist the state enhanced 911 coordinator in coordinating and facilitating the implementation and operation of enhanced 911 throughout the state. The director shall appoint members of the committee who represent diverse geographical https://app.leg.wa.gov/RCW/default.aspx?cite=38.52&full=true 38/46 6/29/2020 Chapter 38.52 RCW: EMERGENCY MANAGEMENT areas of the state and include state residents who are members of the national emergency number association, the associated public communications officers Washington chapter, the Washington state fire chiefs association, the Washington association of sheriffs and police chiefs, the Washington state council of firefighters, the Washington state council of police officers, the Washington ambulance association, ((the state fire protection policy board,)) the Washington state firefighters association, the Washington state association of fire marshals, the Washington fire commissioners association, the Washington state patrol, the association of Washington cities, the Washington state association of counties, the utilities and transportation commission or commission staff, a representative of a voice over internet protocol company, and an equal number of representatives of large and small local exchange telephone companies and large and small radio communications service companies offering commercial mobile radio service in the state. This section expires December 31, 2011. [ 2010 1st sp.s. c 7 § 51; 2006 c 210 § 1; 2002 c 341 § 3; 2000 c 34 § 1; 1997 c 49 § 7; 1991 c 54 § 5.] NOTES: Effective date—2010 1st sp.s. c 26; 2010 1st sp.s. c 7: See note following RCW 43.03.027. RCW 38.52.530 Enhanced 911 advisory committee (as amended by 2010 1st sp.s. c 19). (Effective January 1, 2011.) The enhanced 911 advisory committee is created to advise and assist the state enhanced 911 coordinator in coordinating and facilitating the implementation and operation of enhanced 911 throughout the state. The director shall appoint members of the committee who represent diverse geographical areas of the state and include state residents who are members of the national emergency number association, the ((associated)) association of public communications officers Washington chapter, the Washington state fire chiefs association, the Washington association of sheriffs and police chiefs, the Washington state council of firefighters, the Washington state council of police officers, the Washington ambulance association, the state fire protection policy board, the Washington fire commissioners association, the Washington state patrol, the association of Washington cities, the Washington state association of counties, the utilities and transportation commission or commission staff, a representative of a voice over internet protocol service company, and an equal number of representatives of large and small local exchange telephone companies and large and small radio communications service companies offering commercial mobile radio service in the state. ((This section expires December 31, 2011.)) [ 2010 1st sp.s. c 19 § 16; 2006 c 210 § 1; 2002 c 341 § 3; 2000 c 34 § 1; 1997 c 49 § 7; 1991 c 54 § 5.] NOTES: Reviser's note: RCW 38.52.530 was amended twice during the 2010 legislative session, each without reference to the other. For rule of construction concerning sections amended more than once during the same legislative session, see RCW 1.12.025. Effective dates—2010 1st sp.s. c 19: See note following RCW 82.14B.010. Severability—Effective date—2002 c 341: See notes following RCW 38.52.501. https://app.leg.wa.gov/RCW/default.aspx?cite=38.52&full=true 39/46 6/29/2020 Chapter 38.52 RCW: EMERGENCY MANAGEMENT Referral to electorate—1991 c 54: See note following RCW 38.52.030. RCW 38.52.532 Enhanced 911 advisory committee—Annual legislative update. On an annual basis, the enhanced 911 advisory committee must provide an update on the status of enhanced 911 service in the state to the appropriate committees in the legislature. The update must include progress by counties towards creating greater efficiencies in enhanced 911 operations including, but not limited to, regionalization of facilities, centralization of equipment, and statewide purchasing. [ 2010 1st sp.s. c 19 § 17; 2006 c 210 § 2.] NOTES: Effective dates—2010 1st sp.s. c 19: See note following RCW 82.14B.010. RCW 38.52.535 State enhanced 911 coordination office and advisory committee—Uniform national standards. The state enhanced 911 coordination office and the enhanced 911 advisory committee may participate in efforts to set uniform national standards for automatic number identification and automatic location identification data transmission for private telecommunications systems and private shared telecommunications services. [ 1998 c 245 § 32; 1995 c 243 § 10.] NOTES: Findings—Severability—1995 c 243: See notes following RCW 80.36.555. RCW 38.52.540 Enhanced 911 account. (1) The enhanced 911 account is created in the state treasury. All receipts from the state enhanced 911 excise taxes imposed by RCW 82.14B.030 must be deposited into the account. Moneys in the account must be used only to support the statewide coordination and management of the enhanced 911 system, for the implementation of wireless enhanced 911 statewide, for the modernization of enhanced 911 emergency communications systems statewide, and to help supplement, within available funds, the operational costs of the system, including adequate funding of counties to enable https://app.leg.wa.gov/RCW/default.aspx?cite=38.52&full=true 40/46 6/29/2020 Chapter 38.52 RCW: EMERGENCY MANAGEMENT implementation of wireless enhanced 911 service and reimbursement of radio communications service companies for costs incurred in providing wireless enhanced 911 service pursuant to negotiated contracts between the counties or their agents and the radio communications service companies. For the 2013-2015 and the 2015-2017 fiscal biennia, the account may be used for a criminal history system upgrade in the Washington state patrol and for activities and programs in the military department. A county must show just cause, including but not limited to a true and accurate accounting of the funds expended, for any inability to provide reimbursement to radio communications service companies of costs incurred in providing enhanced 911 service. (2) Funds generated by the enhanced 911 excise tax imposed by RCW 82.14B.030(5) may not be distributed to any county that has not imposed the maximum county enhanced 911 excise tax allowed under RCW 82.14B.030(1). Funds generated by the enhanced 911 excise tax imposed by RCW 82.14B.030(6) may not be distributed to any county that has not imposed the maximum county enhanced 911 excise tax allowed under RCW 82.14B.030(2). (3) The state enhanced 911 coordinator, with the advice and assistance of the enhanced 911 advisory committee, is authorized to enter into statewide agreements to improve the efficiency of enhanced 911 services for all counties and shall specify by rule the additional purposes for which moneys, if available, may be expended from this account. [ 2015 3rd sp.s. c 4 § 949; 2013 2nd sp.s. c 4 § 966; 2012 2nd sp.s. c 7 § 915; 2010 1st sp.s. c 19 § 18. Prior: 2002 c 371 § 905; 2002 c 341 § 4; 2001 c 128 § 2; 1998 c 304 § 14; 1994 c 96 § 7; 1991 c 54

§ 6.] NOTES: Effective dates—2015 3rd sp.s. c 4: See note following RCW 28B.15.069. Effective dates—2013 2nd sp.s. c 4: See note following RCW 2.68.020. Effective date—2012 2nd sp.s. c 7: See note following RCW 2.68.020. Effective dates—2010 1st sp.s. c 19: See note following RCW 82.14B.010. Severability—Effective date—2002 c 371: See notes following RCW 9.46.100. Severability—Effective date—2002 c 341: See notes following RCW 38.52.501. Findings—2001 c 128: "The legislature finds that the statewide emergency communications network of enhanced 911 telephone service, which allows an immediate display of a caller's identification and location, has served to further the safety, health, and welfare of the state's citizens, and has saved lives. The legislature further finds that statewide operation and management of the enhanced 911 system will create efficiencies of operation and permit greater local control of county 911 operations, and further that some counties will continue to need assistance from the state to maintain minimum enhanced 911 service levels." [ 2001 c 128 § 1.] Effective date—2001 c 128: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2001." [ 2001 c 128 § 4.] Findings—Effective dates—1998 c 304: See notes following RCW 82.14B.020. https://app.leg.wa.gov/RCW/default.aspx?cite=38.52&full=true 41/46 6/29/2020 Chapter 38.52 RCW: EMERGENCY MANAGEMENT Finding—Intent—Effective dates—1994 c 96: See notes following RCW 82.14B.020. Referral to electorate—1991 c 54: See note following RCW 38.52.030. RCW 38.52.545 Priorities for enhanced 911 funding. In specifying rules defining the purposes for which available state enhanced 911 moneys may be expended, the state enhanced 911 coordinator, with the advice and assistance of the enhanced 911 advisory committee, must consider base needs of individual counties for specific assistance. Priorities for available enhanced 911 funding are as follows: (1) To assure that 911 dialing is operational statewide; (2) To assist counties as necessary to assure that they can achieve a basic service level for 911 operations; and (3) To assist counties as practicable to acquire items of a capital nature appropriate to modernize 911 systems and increase 911 effectiveness. [ 2010 1st sp.s. c 19 § 19; 2001 c 128 § 3.] NOTES: Effective dates—2010 1st sp.s. c 19: See note following RCW 82.14B.010. Findings—Effective date—2001 c 128: See notes following RCW 38.52.540. RCW 38.52.550 Emergency communications systems and information—Immunity from civil liability. A telecommunications company, radio communications service company, or interconnected voice over internet protocol service company, providing emergency communications systems or services or a business or individual providing database information to enhanced 911 emergency communications personnel is not liable for civil damages caused by an act or omission of the company, business, or individual in the: (1) Good faith release of information not in the public record, including unpublished or unlisted subscriber information to emergency service providers responding to calls placed to an enhanced 911 emergency communications service; or (2) Design, development, installation, maintenance, or provision of consolidated enhanced 911 emergency communications systems or services other than an act or omission constituting gross negligence or wanton or willful misconduct. [ 2010 1st sp.s. c 19 § 20; 2002 c 341 § 5; 1991 c 329 § 7.] https://app.leg.wa.gov/RCW/default.aspx?cite=38.52&full=true 42/46 6/29/2020 Chapter 38.52 RCW: EMERGENCY MANAGEMENT NOTES: Effective dates—2010 1st sp.s. c 19: See note following RCW 82.14B.010. Severability—Effective date—2002 c 341: See notes following RCW 38.52.501. RCW 38.52.561 911 calls from radio communications and interconnected voice over internet protocol service companies—Technical and operational standards. The state enhanced 911 coordinator, with the advice and assistance of the enhanced 911 advisory committee, must set nondiscriminatory, uniform technical and operational standards consistent with the rules of the federal communications commission for the transmission of 911 calls from radio communications service companies and interconnected voice over internet protocol service companies to enhanced 911 emergency communications systems. These standards must not exceed the requirements set by the federal communications commission. The authority given to the state enhanced 911 coordinator in this section is limited to setting standards as set forth in this section and does not constitute authority to regulate radio communications service companies or interconnected voice over internet protocol service companies. [ 2010 1st sp.s. c 19 § 21; 2002 c 341 § 6.] NOTES: Effective dates—2010 1st sp.s. c 19: See note following RCW 82.14B.010. Severability—Effective date—2002 c 341: See notes following RCW 38.52.501. RCW 38.52.575 Information in automatic number identification or automatic location identification database that is part of county enhanced 911 emergency communications system —Other information associated with county enhanced 911 emergency communications system—Exemption from public inspection and copying. (1) Information contained in an automatic number identification or automatic location identification database that is part of a county enhanced 911 emergency communications system as defined in RCW 82.14B.020 and intended for display at a public safety answering point with incoming 911 voice or data is exempt from public inspection and copying under chapter 42.56 RCW. (2) Information voluntarily submitted to be contained in a database that is part of or associated with a county enhanced 911 emergency communications system as defined in RCW 82.14B.020 and intended for the purpose of display at a public safety answering point with incoming 911 voice or data is exempt from public inspection and copying under chapter 42.56 RCW. (3) This section shall not be interpreted to prohibit: https://app.leg.wa.gov/RCW/default.aspx?cite=38.52&full=true 43/46 6/29/2020 Chapter 38.52 RCW: EMERGENCY MANAGEMENT (a) Display of information at a public safety answering point; (b) Dissemination of information by the public safety answering point to police, fire, or emergency medical responders for display on a device used by police, fire, or emergency medical responders for the purpose of handling or responding to emergency calls or for training; (c) Maintenance of the database by a county; (d) Dissemination of information by a county to local agency personnel for inclusion in an emergency notification system that makes outgoing calls to telephone numbers to provide notification of a community emergency event; (e) Inspection or copying by the subject of the information or an authorized representative; or (f) The public disclosure of information prepared, retained, disseminated, transmitted, or recorded, for the purpose of handling or responding to emergency calls, unless disclosure of any such information is otherwise exempted under chapter 42.56 RCW or other law. [ 2015 c 224 § 6.] RCW 38.52.577 Information from automatic number identification, automatic location identification database, or voluntarily submitted for inclusion in emergency notification system —Exemption from public inspection and copying. Information obtained from an automatic number identification or automatic location identification database or voluntarily submitted to a local agency for inclusion in an emergency notification system is exempt from public inspection and copying under chapter 42.56 RCW. This section shall not be interpreted to prohibit: (1) Making outgoing calls to telephone numbers to provide notification of a community emergency event; (2) Maintenance of the database by a local agency; or (3) Inspection or copying by the subject of the information or an authorized representative. [ 2015 c 224 § 7.] RCW 38.52.580 State agency communication plan for emergencies and disasters—Copy to legislature—Report. Beginning December 1, 2019, a state agency that provides life safety information in an emergency or disaster must provide, to the relevant committees of the legislature, a copy of its current communication plan for notifying significant population segments of such information, including the agency's point of contact. The state agency must also submit an annual report to the relevant committees of the legislature identifying those instances of emergency or disaster in the preceding year in which life safety information was provided and what public messaging strategies and means were used to notify citizens with limited English proficiency. [ 2017 c 312 § 2.] https://app.leg.wa.gov/RCW/default.aspx?cite=38.52&full=true 44/46 6/29/2020 Chapter 38.52 RCW: EMERGENCY MANAGEMENT NOTES: Finding—Intent—2017 c 312: "The legislature finds that, as a matter of human dignity, all persons should be informed of emergency notifications in a manner in which they can understand. It is the intent of the legislature that all persons who may be in harm's way in an emergency are informed of their peril, and informed of appropriate actions they should take to protect themselves and their families." [ 2017 c 312 § 1.] RCW 38.52.900 Short title. This chapter may be cited as the Washington Emergency Management Act. [ 1984 c 38 § 43; 1974 ex.s. c 171 § 41; 1951 c 178 § 1.] RCW 38.52.920 Repeal and saving. Chapter 177, Laws of 1941, chapters 6 and 24, Laws of 1943, and chapter 88, Laws of 1949 are repealed: PROVIDED, That this section shall not affect the validity of any order, rule, regulation, contract, or agreement made or promulgated under authority of the repealed acts, which orders, rules, regulations, contracts, or agreements shall remain in force until they may be repealed, amended, or superseded by orders, rules, regulations, contracts, or agreements made or promulgated under this chapter: PROVIDED FURTHER, That this section shall not affect the tenure of any officer, employee, or person serving under authority of any repealed act and such officer, employee, or person shall continue in his or her position until such time as a successor is appointed or employed under the provisions of this chapter. [ 2011 c 336 § 801; 1951 c 178 § 17.] RCW 38.52.930 Transfer of powers, duties, and functions to state military department. All powers, duties, and functions of the *department of community, trade, and economic development pertaining to emergency management are transferred to the state military department. All references to the director or the department of community development or the *department of community, trade, and economic development in the Revised Code of Washington shall be construed to mean the adjutant general or the state military department when referring to the functions transferred in this section. [ 1995 c 391 § 10.] https://app.leg.wa.gov/RCW/default.aspx?cite=38.52&full=true 45/46 6/29/2020 Chapter 38.52 RCW: EMERGENCY MANAGEMENT NOTES: *Reviser's note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565. Effective date—1995 c 391: See note following RCW 38.52.005. RCW 38.52.940 Construction—Chapter applicable to state registered domestic partnerships—2009 c 521. For the purposes of this chapter, the terms spouse, marriage, marital, husband, wife, widow, widower, next of kin, and family shall be interpreted as applying equally to state registered domestic partnerships or individuals in state registered domestic partnerships as well as to marital relationships and married persons, and references to dissolution of marriage shall apply equally to state registered domestic partnerships that have been terminated, dissolved, or invalidated, to the extent that such interpretation does not conflict with federal law. Where necessary to implement chapter 521, Laws of 2009, gender-specific terms such as husband and wife used in any statute, rule, or other law shall be construed to be gender neutral, and applicable to individuals in state registered domestic partnerships. [ 2009 c 521 § 84.] https://app.leg.wa.gov/RCW/default.aspx?cite=38.52&full=true 46/46