SB 6011 — Concerning governmental continuity during emergency periods.

S-4905.1SUBSTITUTES-3161.1SENATE SENATE BILL 6011State of Washington65th Legislature2018 Regular SessionBy Senate Ways & Means (originally sponsored by Senators Takko, Zeiger, Pedersen, Conway, McCoy, Hunt, Hobbs, Frockt, Fain, Bailey, Angel, Warnick, Carlyle, Van De Wege, Chase, and Kuderer)READKudererPrefiled FIRST12/07/17. TIME 02/06/18.AN ACT Relating to governmental continuity during emergency periods;

Read first time 01/08/18.

Referred to Committee on State Government, Tribal Relations & Elections.AN ACT Relating to governmental continuity during emergency periods;

It is the intent of the legislature that all levels and branches of government, both state and local, take appropriate action to cooperatively conduct appropriate planning and preparation for continuity of operations and government to assist in fulfilling these responsibilities.Sec. 2.  RCW 38.52.010 and 2017 c 312 s 3 are each amended to read as follows:As used in this chapter:(1) "Catastrophic incident" means any natural or human-caused incident, including terrorism and enemy attack, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the population, infrastructure, environment, economy, public morale, or government functions.functions.(2) "Communication plan," as used in RCW 38.52.070, means a section in a local comprehensive emergency management plan that addresses emergency notification of life safety information.(((2))) (3) "Continuity of government planning" means the internal effort of all levels and branches of government to provide that the capability exists to continue essential functions and services following a catastrophic incident.

However, "catastrophic incident" shall not include an event resulting from individuals exercising their rights, under the first amendment, of freedom of speech, and of the people peaceably to assemble.

The protections of first amendments rights shall be liberally construed.(2) "Communication plan," as used in RCW 38.52.070, means a section in a local comprehensive emergency management plan that addresses emergency notification of life safety information.(((2))) (3) "Continuity of government planning" means the internal effort of all levels and branches of government to provide that the capability exists to continue essential functions and services following a catastrophic incident.

Each state agency is responsible for developing an organizational continuity of operations plan that is updated and exercised annually in compliance with the program for interagency coordination of continuity of operations planning.(12) SubjectThe to the availability of amounts appropriated for this specific purpose, the director is responsible to the governor to lead the development and management of a program to provide information and education to state and local government officials regarding catastrophic incidents and continuity of government planning to assist with statewide development of continuity of government plans by all levels and branches of state and local government that address how essential government functions and services will continue to be provided following a catastrophic incident.Sec. 4.  RCW 42.14.010 and 2012 c 117 s 106 are each amended to read as follows:Unless otherwise clearly required by the context, the following definitions apply:(1) "Unavailable" means either that a vacancy in the office exists or that the lawful incumbent of the office is absent or unable to exercise the powers and discharge the duties of the office following ((an)) a catastrophic incident or attack and a ((declaration)) proclamation of existing emergency by the governor or his or her successor.(2) "Attack" means any acts of ((warfare)) aggression taken ((by an enemy of)) against the United States causing substantial damage or injury to persons or property in the United States and in the state of Washington.(3) "Catastrophic incident" means any natural or human-caused incident, including terrorism and enemy attack, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the population, infrastructure, environment, economy, public morale, or government functions.functions.(4) "Emergency or disaster" means an event or set of circumstances which:

However, "catastrophic incident" shall not include an event resulting from individuals exercising their rights, under the first amendment, of freedom of speech, and of the people peaceably to assemble.

The protections of first amendments rights shall be liberally construed.(4) "Emergency or disaster" means an event or set of circumstances which:

8211 (S-3160.1/18)) is validly submitted to and is approved and ratified by the voters at the next general election.