5844-S.E AMH HS H2301.1

ESSB 5844 - H COMM AMD ADOPTED 4-15-93

By Committee on Human Services

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.  A new section is added to chapter 43.150 RCW to read as follows:

    A volunteer organization or individual volunteer may assist a public agency, with the agency's approval, in a collaborative program designed to serve the needs of at-risk children.  The center, with the advice and counsel of the attorney general, shall develop guidelines defining at-risk children and establish reasonable safety standards to protect the safety of program participants and volunteers, including but not limited to background checks for program supervisors or as appropriate as provided in RCW 43.43.830 through 43.43.834.  In carrying out the volunteer activity, the individual volunteer or member of the volunteer organization shall not be considered to be an employee or agent of any public agency involved in the collaborative program.  Prior to participation, a volunteer and the public agency administering the collaborative program shall sign a written master agreement, approved in form by the attorney general, that includes provisions defining the scope of the volunteer activities and waiving any claims against each other.  An individual volunteer shall not be liable for civil damages resulting from any act or omission arising from volunteer activities which comply with safety standards issued by the center for volunteerism and citizen service, other than acts or omissions constituting gross negligence or wilful or wanton misconduct.  In any action for damages against a public agency or volunteer organization, a claimant must establish by a preponderance of the evidence that a public agency or other sponsor of a program under this section failed to comply with reasonable safety standards established by the center."

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