CERTIFICATION OF ENROLLMENT

                        HOUSE BILL XXXX

                        53rd Legislature

                      1994 Regular Session

Passed by the House February 9, 1994   Yeas 96   Nays 0 Speaker of the       House of Representatives Passed by the Senate February 26, 1994   Yeas 45   Nays 2

CERTIFICATE I, Marilyn Showalter, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL XXXX as passed by the House of Representatives and the Senate on the dates hereon set forth.

President of the Senate

Chief Clerk

Approved Place Style On Codes above, and Style Off Codes below.

FILED

Governor of the State of Washington

Secretary of State                   State of Washington

          _______________________________________________

                          HOUSE BILL 2566

          _______________________________________________

             Passed Legislature - 1994 Regular Session

State of Washington      53rd Legislature     1994 Regular Session

By Representatives Dyer, Lisk, B. Thomas, Brough, Brumsickle, Talcott, Long, Mielke, Cooke and Wood

Read first time 01/17/94.  Referred to Committee on Judiciary.

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.  The legislature of the state of Washington finds that it is in the interest of the state to promote the free charitable distribution of childrens' items to needy persons, to promote recycling of used childrens' items, and to provide liability protection for persons and organizations donating or distributing such childrens' items.

NEW SECTION. Sec. 2.  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 childrens' items to needy persons free of charge and includes any nonprofit organization that distributes childrens' items free of charge to other nonprofit organizations or the public.

    (2) "Donor" means a person, corporation, association, or other organization that donates childrens' 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 childrens' items takes place.

    (3) "Childrens' 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. 3.  Donors and distributing organizations are not liable for civil damages or criminal penalties resulting from the nature, age, condition, or packaging of the donated childrens' items unless a donor or distributing organization acts with gross negligence or intentional misconduct.

NEW SECTION. Sec. 4.  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 3 of this act.

NEW SECTION. Sec. 5.  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. 6.  Sections 1 through 5 of this act shall constitute a new chapter in Title 70 RCW.

                            --- END ---