(1) The aviation division of the
department is responsible for the conduct and management of all
aerial search and rescue within the state. This includes search
and rescue efforts involving aircraft and airships. The division
is also responsible for search and rescue activities involving
electronic emergency signaling devices such as emergency locater
transmitters (ELT's) and emergency position indicating radio
beacons (EPIRB's).
(2) An act or omission by any person registered with the
aviation division of the department for the purpose of engaging
in aerial search and rescue activities, while engaged in such
activities, shall not impose any liability on the department or
the person for civil damages resulting from the act or omission.
However, the immunity provided under this subsection shall not
apply to an act or omission that constitutes gross negligence or
willful or wanton misconduct. For the purpose of this
subsection, "aerial search and rescue activities" includes, but
is not limited to, training and training-related activities, but
does not include appropriate search and rescue activities
conducted under the authority of RCW 38.52.400.
[2008 c 34 § 1; 1995 c 153 § 1.]