S-3609               _______________________________________________

                                                   SENATE BILL NO. 6320

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Senators Madsen, Thorsness and Gaspard

Read first time 1/10/90 and referred to Committee on  Law & Justice.

AN ACT Relating to creating immunity for volunteers rendering public service for nonprofit organizations; and adding a new section to chapter 4.24 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 4.24 RCW to read as follows:

          (1) Except as provided otherwise in this section, no person who, without compensation and as a volunteer, renders public services for a nonprofit organization under section 501(C) (3) or (4) of the internal revenue code (68A Stat. 3, 26 U.S.C. Sec. 501(C) (3) or (4)), or for a state or local government agency conducting or sponsoring a public service program or project, may be liable to any person for any civil damages as a result of any acts or omissions in rendering such services unless the conduct of such person falls substantially below the standards generally practiced and accepted in like circumstances by similar persons rendering such services and unless it is shown that such person did an act or omitted the doing of an act which such person was under a recognized duty to another to do, knowing or having reason to know that such act or omission created a substantial risk of actual harm to the person or property of another.  It shall be insufficient to impose liability to establish only that the conduct of such person fell below ordinary standards of care.

          (2) (a) Nothing in this section may be construed to affect or modify the liability of such person for acts or omissions relating to the transportation of participants in a public service program or project or others to or from a public service program or project.

          (b) Nothing in this section may be construed to affect or modify any existing legal basis for determining the liability, or any defense thereto, of any person not covered by the standard of negligence established by this section.

          (c) Nothing in this section may be construed to affect or modify the contributory fault of the participant under chapter 4.22 RCW.

          (3) The negligence standard created by this section shall not abrogate or lessen any immunity or other protection against liability granted by statute or court decision.

          (4) The following definitions apply throughout this section:

          (a) "Compensation" includes any compensation except reimbursement for reasonable expenses actually incurred or to be incurred.

          (b) "Public service program or project" includes an organized program, or other public service ordinarily conducted or rendered by volunteers.