(1) Obligations
incurred by the commission and any other liabilities or claims
against the commission are enforceable only against the assets of
the commission and, except to the extent of those assets,
liability for the debts or actions of the commission does not
exist against either the state of Washington or any subdivision
or instrumentality thereof or against any member, employee, or
agent of the commission or the state of Washington in his or her
individual capacity.
(2) Except as otherwise provided in this chapter, neither
the commission members, nor its employees, may be held
individually responsible for errors in judgment, mistakes, or
other acts, either of commission or omission, as principal,
agent, person, or employee, except for their own individual acts
of dishonesty or crime. A person or employee may not be held
individually responsible for any act or omission of any other
commission members. The liability of the commission members is
several and not joint, and a member is not liable for the default
of any other member. This subsection confirms that commission
members have been and continue to be state officers or volunteers
for purposes of RCW 4.92.075 and are entitled to the defenses,
indemnifications, limitations of liability, and other protections
and benefits of chapter 4.92 RCW.
(3) In any civil or criminal action or proceeding for
violation of any statute, including a rule adopted under that
statute, or common law against monopolies or combinations in
restraint of trade, including any action under chapter 19.86 RCW,
proof that the act complained of was done in compliance with the
provisions of this chapter, and in furtherance of the purposes
and provisions of this chapter, is a complete defense to such an
action or proceeding.
[2009 c 33 § 22.]