(1) During a covered emergency, the department of
community, trade, and economic development may enter into
interlocal agreements under this chapter with one or more public
agencies for the purposes of providing mutual aid and cooperation
to any public agency affected by the cause of the emergency.
(2) All legal liability by a public agency and its employees
for damage to property or injury or death to persons caused by
acts done or attempted during, or while traveling to or from, a
covered emergency, or in preparation for a covered emergency,
pursuant to an interlocal agreement entered into under this
section, or under the color of this section in a bona fide
attempt to comply therewith, 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 any public agency or its employees 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 public agency or any
of a public agency's employees: 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) For purposes of this section, "covered emergency" means
an emergency for which the governor has proclaimed a state of
emergency under RCW 43.06.010, and for which the governor has
authorized the department of community, trade, and economic
development to enter into interlocal agreements under this
section.
(4) This section shall not affect the right of any person to
receive benefits to which he or she would otherwise be entitled
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.
[2008 c 181 § 101.]
NOTES:
Part headings not law -- 2008 c 181: See note following RCW 43.06.220.