Washington Emergency Management Act
Washington · Militia and Military Affairs · §§ 38.52.005 to 38.52.940 · 77 sections
Overview
The act establishes a statewide framework for preparing for, responding to, and recovering from disasters and other emergencies, placing administration with a state emergency management agency headed by a director responsible for a comprehensive emergency management plan and related statewide programs, advised by an emergency management council, and vesting the governor with general emergency powers. It authorizes political subdivisions to establish local and joint local emergency management organizations, and provides for mutual aid and interlocal agreements, acceptance of outside aid and funding, dedicated disaster response and hazard mitigation accounts, and the use of existing public services, facilities, and personnel during an emergency. It also governs liability arising from emergency work, granting immunity to participating governments, their employees, and covered volunteers, and creates an administrative claims and compensation system, including compensation boards, that generally serves as the exclusive remedy for injury or death suffered in emergency management activities.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 60 court decisions.
Most-cited authority: 97 Wash. 2d 466 - Cougar Business Owners Ass'n v. State
Sections covered
- RCW 38.52.005State military department to administer emergency management program—Local organizations authorized to change name.
- RCW 38.52.010Definitions.2 cites
- RCW 38.52.020Declaration of policy and purpose.8 cites
- RCW 38.52.030Director—Comprehensive emergency management plan—Statewide 911 emergency communications network—State coordinator of search and rescue operations—State program for emergency assistance—State public infrastructure assistance program—State coordinator for radioactive and hazardous waste emergency response programs—Interagency coordination and prioritization of continuity of operations planning—Catastrophic incidents, program to provide information and education.
- RCW 38.52.037Comprehensive state mine rescue plan—Submittal to legislature.
- RCW 38.52.040Emergency management council—Members—Ad hoc committees—Rules review—Function as state emergency response commission—Cybersecurity advisory committee—Intrastate mutual aid committee.
- RCW 38.52.050Governor's general powers and duties.2 cites
- RCW 38.52.070Local organizations and joint local organizations authorized—Establishment, operation—Emergency powers, procedures—Communication plans.7 cites
- RCW 38.52.073Communication plan status report—Life safety information communication report.
- RCW 38.52.080Outside aid—Rights and liabilities—Claims.6 cites
- RCW 38.52.091Mutual aid and interlocal agreements—Requirements.4 cites
- RCW 38.52.100Appropriations—Acceptance of funds, services, etc.
- RCW 38.52.105Disaster response account.
- RCW 38.52.107State hazard mitigation revolving loan account.
- RCW 38.52.110Use of existing services and facilities—Impressment of citizenry—First informer broadcasters.
- RCW 38.52.115Liability of federal, state, and local agencies, and employees—Facilitation of access of first informer broadcaster.
- RCW 38.52.120Political activity prohibited.
- RCW 38.52.140Status of civil service employee preserved.
- RCW 38.52.150Orders, rules, regulations—Enforcement—Availability—Penalty.
- RCW 38.52.160Matching funds from political subdivision may be required.
- RCW 38.52.170Plan for federal area.
- RCW 38.52.180Liability for property damage, bodily injury, death—Immunity—Assumption by state—Indemnification—Immunity from liability for covered volunteers.
- RCW 38.52.190Compensation for injury or death—Chapter exclusive.6 cites
- RCW 38.52.195Exemption from liability while providing construction, equipment, or work.
- RCW 38.52.1951Application of exemption from liability for architects and engineers.
- RCW 38.52.198Emergency care, rescue, assistance, or recovery services in mine rescue or recovery work—Immunity from liability.
- RCW 38.52.200Liability for compensation is in lieu of other liability—Exception.
- RCW 38.52.205Claims arising from emergency management related activities—Filing—Contents.2 cites
- RCW 38.52.207Claims arising from emergency management related activities—Filing—Consideration, adjustment, settlement, etc., by director—Effect.
- RCW 38.52.210Compensation boards—Established.
- RCW 38.52.220Compensation boards—Meetings—Claims not necessitating board meeting.
- RCW 38.52.230Compensation boards—Attendance of witnesses, oaths, rules—Members uncompensated.
- RCW 38.52.240Compensation boards—Duties as to compensation applications.
- RCW 38.52.250Compensation boards—Quorum—Transmittal of minutes, claims—Appeal to department.
- RCW 38.52.260When compensation furnished.4 cites
- RCW 38.52.270Minors entitled to benefits.
- RCW 38.52.280Compensation and benefits limited by appropriation.
- RCW 38.52.290Applicability of workers' compensation law.4 cites
- RCW 38.52.300Right of action against third party.
- RCW 38.52.310Coverage, classification, registration, of workers.
- RCW 38.52.320Schedule of payments.
- RCW 38.52.330Expenditures authorized—Claims, payment and disposition—Appeals.
- RCW 38.52.340Benefits under other compensation plans.2 cites
- RCW 38.52.350Benefits furnished under federal law—Reduction of state benefits.
- RCW 38.52.360Medical, surgical or hospital treatment.
- RCW 38.52.370Medical, surgical or hospital treatment—Reimbursement.
- RCW 38.52.380State compensation denied if payment prevents federal benefits.
- RCW 38.52.390Contracts or work on cost basis for emergency management activities.
- RCW 38.52.400Search and rescue activities—Powers and duties of local officials.2 cites
- RCW 38.52.410Search and rescue activities—Distribution of funds for compensation and reimbursement of volunteers.
- RCW 38.52.420Model contingency plan for pollution control facilities and hazardous waste management.
- RCW 38.52.430Emergency response caused by person's intoxication—Recovery of costs from convicted person.2 cites
- RCW 38.52.440Assistance for persons with disabilities present at scene of emergency—Assessment and report—Definitions.
- RCW 38.52.500Statewide 911 telephone service—Finding.5 cites
- RCW 38.52.501Statewide 911 emergency communications service—Findings.2 cites
- RCW 38.52.505Statewide 911 emergency service—Automatic location identification—Rules.
- RCW 38.52.510Statewide 911 communications systems—Funding by counties—State patrol public safety answering point.2 cites
- RCW 38.52.520State 911 coordination office.
- RCW 38.52.525State 911 coordination office—Public education materials.
- RCW 38.52.531911 advisory committee.
- RCW 38.52.532911 advisory committee—Annual legislative update—Modernization—Public safety answering points.
- RCW 38.52.535State 911 coordination office and advisory committee—Uniform national standards.
- RCW 38.52.540911 account.
- RCW 38.52.545Priorities for 911 funding.
- RCW 38.52.550Emergency communications systems and information—Immunity from civil liability.
- RCW 38.52.561911 calls from radio communications and interconnected voice over internet protocol service companies—Technical and operational standards.
- RCW 38.52.575Information in automatic number identification or automatic location identification database that is part of county 911 emergency communications system—Other information associated with county 911 emergency communications system—Exemption from public inspection and copying.
- RCW 38.52.577Information from automatic number identification, automatic location identification database, or voluntarily submitted for inclusion in emergency notification system—Exemption from public inspection and copying.
- RCW 38.52.580State agency communication plan for emergencies and disasters—Copy to legislature—Report.
- RCW 38.52.590Disaster resilience program.
- RCW 38.52.595State interoperability executive committee—Composition—Responsibilities.
- RCW 38.52.600Extreme weather response grant program.
- RCW 38.52.610Emergency shelters—Accommodation of companion animals.
- RCW 38.52.900Short title.
- RCW 38.52.920Repeal and saving.
- RCW 38.52.930Transfer of powers, duties, and functions to state military department.
- RCW 38.52.940Construction—Chapter applicable to state registered domestic partnerships—2009 c 521.
Enacted in other states
Alabama, Georgia, Maryland, Maine, Minnesota, North Carolina, Oklahoma, Rhode Island
All Washington named statutes →
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