H-3081.1          _______________________________________________

                                  HOUSE BILL 2225

                  _______________________________________________

State of Washington              52nd Legislature         1991 1st Special Session

By Representatives Belcher, Cole, Scott, R. Johnson, G. Fisher, R. Fisher and Fraser.

Read first time June 18, 1991.  Referred to Committee on Commerce & Labor.Providing that unsolicited goods, wares, merchandise, or services are unconditional gifts.

     AN ACT Relating to unsolicited goods, wares, merchandise, and services; amending RCW 19.56.020; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 19.56.020 and 1967 c 57 s 1 are each amended to read as follows:

     ((Unless otherwise agreed, where)) Any person who receives unsolicited goods ((are mailed to a person, he)), wares, merchandise, or services, offered for sale, but not actually ordered or requested by that person orally or in writing, has a right to accept delivery of ((such)) those goods, wares, merchandise, or services as ((a)) an unconditional gift ((only)), and is not bound to return ((such)) those goods, wares, or merchandise to the sender, or to pay for the services.  ((If such)) A person who receives unsolicited goods ((are either addressed to or intended for the recipient, he)), wares, merchandise, or services may use them or dispose of them in any manner without any obligation to the sender((, and)) or provider.  In any action for goods, wares, merchandise, or services sold and delivered, or in any action for the return of the goods, wares, or merchandise, or in any action for the compensation for services, it shall be a complete defense that the goods, wares, merchandise, or services were ((mailed)) delivered or provided voluntarily and that the defendant did not actually order or request ((such)) those goods, wares, merchandise, or services, either orally or in writing.

NEW SECTION. Sec. 2.      If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 3.      This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.