H-2953.1  _______________________________________________

                          HOUSE BILL 2523

          _______________________________________________

State of Washington      57th Legislature     2002 Regular Session

By Representatives Carrell, Talcott, Campbell, Mielke, Roach, Morell, Kirby, Eickmeyer and Dunn

Read first time 01/21/2002.  Referred to Committee on Judiciary.

Limiting the liability of facilities that are required by a governmental entity to accept certain clients.

    AN ACT Relating to limitation of actions; and adding a new section to chapter 4.16 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 4.16 RCW to read as follows:

    If a facility is required by a governmental entity to accept certain clients in order to enter into a contract with the governmental entity, there is no liability on the part of the facility, including the owners, officers, agents, employees, or volunteers of the facility, for any damages to persons or property sustained or caused by the clients as a result of any act or omission on the part of the facility that does not constitute intentional misconduct or gross negligence on the part of the facility.  All legal liability for damages sustained or caused by the clients as a result of an act or omission on the part of the facility that does not constitute intentional misconduct or gross negligence on the part of the facility is the obligation of the state of Washington.  Suits may be instituted and maintained against the state for the enforcement of the liability, for the indemnification of the facility, or for a judgment against the facility for acts or omissions that do not constitute intentional misconduct or gross negligence on the part of the facility.

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