H-4030.1  _______________________________________________

                    SUBSTITUTE HOUSE BILL 2566

          _______________________________________________

State of Washington      53rd Legislature     1994 Regular Session

By House Committee on Judiciary (originally sponsored by Representatives Dyer, Lisk, B. Thomas, Brough, Brumsickle, Talcott, Long, Mielke, Cooke and Wood)

Read first time 02/04/94.

Providing limited immunity from liability for organizations distributing donated items to children.

    AN ACT Relating to children's charitable needs; and adding a new chapter to Title 70 RCW.

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

NEW SECTION. Sec. 1.  Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

    (1) "Distributing organization" means a charitable nonprofit organization under 26 U.S.C. Sec. 501(c) of the federal internal revenue code which distributes children's items to needy persons free of charge and includes any nonprofit organization that distributes children's items free of charge to other nonprofit organizations or the public.

    (2) "Donor" means a person, corporation, association, or other organization that donates children's items to a distributing organization or a person, corporation, association, or other organization that repairs or updates such donated items to current standards.  Donor also includes any person, corporation, association, or other organization which donates any space in which storage or distribution of children's items takes place.

    (3) "Children's items" include, but are not limited to, clothes, diapers, food, baby formula, cribs, playpens, car seat restraints, toys, high chairs, and books.

NEW SECTION. Sec. 2.  Donors and distributing organizations are not liable for civil damages or criminal penalties resulting from the nature, age, condition, or packaging of the donated children's items unless a donor or distributing organization acts with gross negligence or intentional misconduct.

NEW SECTION. Sec. 3.  Nothing in this chapter may be construed to create any liability of, or penalty against a donor or distributing organization except as provided in section 2 of this act.

NEW SECTION. Sec. 4.  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. 5.  Sections 1 through 4 of this act shall constitute a new chapter in Title 70 RCW.

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