title: RCW 4.24.260

text:
Any member of a health profession listed under RCW 18.130.040 who, in good faith, makes a report, files charges, or presents evidence against another member of a health profession based on the claimed unprofessional conduct as provided in RCW 18.130.180 or inability to practice with reasonable skill and safety to consumers by reason of any physical or mental condition as provided in RCW 18.130.170 of such person before the agency, board, or commission responsible for disciplinary activities for the person's profession under chapter 18.130 RCW, shall be immune from civil action for damages arising out of such activities. A person prevailing upon the good faith defense provided for in this section is entitled to recover expenses and reasonable attorneys' fees incurred in establishing the defense.
[ 2006 c 8 s 102; 1994 sp.s. c 9 s 701; 1975 1st ex.s. c 114 s 3; 1971 ex.s. c 144 s 2.]
Notes:
Findings—Intent—Part headings and subheadings not law—Severability—2006 c 8: See notes following RCW 5.64.010.
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.

catchline: Health professionals making reports, filing charges, or presenting evidence—Immunity.


doc_type: statute

jurisdiction: wa

title: RCW 4.24.264

text:
(1) Except as provided in subsection (2) of this section, a member of the board of directors or an officer of any nonprofit corporation is not individually liable for any discretionary decision or failure to make a discretionary decision within his or her official capacity as director or officer unless the decision or failure to decide constitutes gross negligence.
(2) Nothing in this section shall limit or modify in any manner the duties or liabilities of a director or officer of a corporation to the corporation or the corporation's members.
[ 1987 c 212 s 1101; 1986 c 305 s 903.]
Notes:
Preamble—Report to legislature—Applicability—Severability—1986 c 305: See notes following RCW 4.16.160.

license: public-domain-government-work

rule_set: Revised Code of Washington

catchline: Boards of directors or officers of nonprofit corporations—Liability—Limitations.

code: rcw

unit: section

court: Washington State Legislature


title: RCW 4.24.290

text:
In any civil action for damages based on professional negligence against a hospital which is licensed by the state of Washington or against the personnel of any such hospital, or against a member of the healing arts including, but not limited to, an acupuncturist or acupuncture and Eastern medicine practitioner licensed under chapter 18.06 RCW, a physician licensed under chapter 18.71 RCW, an osteopathic physician licensed under chapter 18.57 RCW, a chiropractor licensed under chapter 18.25 RCW, a dentist licensed under chapter 18.32 RCW, a podiatric physician and surgeon licensed under chapter 18.22 RCW, or a nurse licensed under chapter 18.79 RCW, the plaintiff in order to prevail shall be required to prove by a preponderance of the evidence that the defendant or defendants failed to exercise that degree of skill, care, and learning possessed at that time by other persons in the same profession, and that as a proximate result of such failure the plaintiff suffered damages, but in no event shall the provisions of this section apply to an action based on the failure to obtain the informed consent of a patient.
[ 2019 c 308 s 15; 2010 c 286 s 12; 1995 c 323 s 2; 1994 sp.s. c 9 s 702; 1985 c 326 s 26; 1983 c 149 s 1; 1975 1st ex.s. c 35 s 1.]
Notes:
Findings—2019 c 308: See note following RCW 18.06.010.
Intent—2010 c 286: See RCW 18.06.005.
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Limitations of actions for injuries resulting from health care or related services: RCW 4.16.350.

catchline: Action for damages based on professional negligence of hospitals or members of healing arts—Standard of proof—Evidence—Exception.


title: RCW 4.24.300

text:
(1) Any person, including but not limited to a volunteer provider of emergency or medical services, who without compensation or the expectation of compensation renders emergency care at the scene of an emergency or who participates in transporting, not for compensation, therefrom an injured person or persons for emergency medical treatment shall not be liable for civil damages resulting from any act or omission in the rendering of such emergency care or in transporting such persons, other than acts or omissions constituting gross negligence or willful or wanton misconduct. Any person rendering emergency care during the course of regular employment and receiving compensation or expecting to receive compensation for rendering such care is excluded from the protection of this subsection.
(2) Any licensed health care provider regulated by a disciplining authority under RCW 18.130.040 in the state of Washington who, without compensation or the expectation of compensation, provides health care services at a community health care setting is not liable for civil damages resulting from any act or omission in the rendering of such care, other than acts or omissions constituting gross negligence or willful or wanton misconduct.
(3) For purposes of subsection (2) of this section, "community health care setting" means an entity that provides health care services and:
(a) Is a clinic operated by a public entity or private tax exempt corporation, except a clinic that is owned, operated, or controlled by a hospital licensed under chapter 70.41 RCW unless the hospital-based clinic either:
(i) Maintains and holds itself out to the public as having established hours on a regular basis for providing free health care services to members of the public to the extent that care is provided without compensation or expectation of compensation during those established hours; or
(ii) Is participating, through a written agreement, in a community-based program to provide access to health care services for uninsured persons, to the extent that:
(A) Care is provided without compensation or expectation of compensation to individuals who have been referred for care through that community-based program; and
(B) The health care provider's participation in the community-based program is conditioned upon his or her agreement to provide health services without expectation of compensation;
(b) Is a for-profit corporation that maintains and holds itself out to the public as having established hours on a regular basis for providing free health care services to members of the public to the extent that care is provided without compensation or expectation of compensation during those established hours; or
(c) Is a for-profit corporation that is participating, through a written agreement, in a community-based program to provide access to health care services for uninsured persons, to the extent that:
(i) Care is provided without compensation or expectation of compensation to individuals who have been referred for care through that community-based program; and
(ii) The health care provider's participation in the community-based program is conditioned upon his or her agreement to provide health services without expectation of compensation.
(4) Any school district employee not licensed under chapter 18.79 RCW who renders emergency care at the scene of an emergency during an officially designated school activity or who participates in transporting therefrom an injured person or persons for emergency medical treatment shall not be liable for civil damages resulting from any act or omission in the rendering of such emergency care or in transporting such persons, other than acts or omissions constituting gross negligence or willful or wanton misconduct.
[ 2014 c 204 s 3; 2004 c 87 s 1; 2003 c 256 s 1; 1985 c 443 s 19; 1975 c 58 s 1.]
Notes:
Severability—Effective date—1985 c 443: See notes following RCW 7.69.010.
Citizen's immunity if aiding police officer: RCW 9.01.055.
Infectious disease testing availability: RCW 70.05.180.

catchline: Immunity from liability for certain types of medical care.


title: RCW 4.24.310

text:
For the purposes of RCW 4.24.300 the following words and phrases shall have the following meanings unless the context clearly requires otherwise:
(1) "Compensation" has its ordinary meaning but does not include: Nominal payments, reimbursement for expenses, or pension benefits; payments made to volunteer part-time and volunteer on-call personnel of fire departments, fire districts, ambulance districts, police departments, or any emergency response organizations; or any payment to a person employed as a transit operator who is paid for his or her regular work, which work does not routinely include providing emergency care or emergency transportation.
(2) "Emergency care" means care, first aid, treatment, or assistance rendered to the injured person in need of immediate medical attention and includes providing or arranging for further medical treatment or care for the injured person. Except with respect to the injured person or persons being transported for further medical treatment or care, the immunity granted by RCW 4.24.300 does not apply to the negligent operation of any motor vehicle.
(3) "Scene of an emergency" means the scene of an accident or other sudden or unexpected event or combination of circumstances which calls for immediate action.
[ 1989 c 223 s 1; 1987 c 212 s 501; 1985 c 443 s 20; 1975 c 58 s 2.]
Notes:
Severability—Effective date—1985 c 443: See notes following RCW 7.69.010.
Infectious disease testing availability: RCW 70.05.180.

catchline: Persons rendering emergency care or transportation—Definitions.


title: RCW 4.24.311

text:
(1) Any person who, without compensation or the expectation of compensation, renders nonmedical care or assistance at the scene of an emergency or disaster shall not be liable for civil damages resulting from any act or omission in the rendering of such care or assistance other than acts or omissions constituting gross negligence or willful or wanton misconduct. Any person rendering such care or assistance during the course of regular employment and receiving compensation or expecting to receive compensation for rendering such care or assistance is excluded from the protection of this section.
(2) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Compensation" has its ordinary meaning but does not include: Nominal payments, reimbursement for expenses, or pension benefits; payments made to volunteer part-time and volunteer on-call personnel of fire departments, fire districts, ambulance districts, police departments, or any emergency response organization; or any payment to a person employed as a transit operator who is paid for his or her regular work, which work does not routinely include providing emergency transportation.
(b) "Emergency or disaster" means an event or set of circumstances that:
(i) Demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrence; or
(ii) Reaches such a dimension or degree of destructiveness as to warrant the governor declaring a state of emergency pursuant to RCW 43.06.010.
(c) "Nonmedical care or assistance" includes response and rescue operations as well as the provision of such necessities and amenities as food, supplies, shelter, transportation, and child care.
(3)(a) This section does not apply to emergency workers registered in accordance with chapter 38.52 RCW or to the related volunteer organizations to which they may belong.
(b) The immunity granted by this section is in addition to any common law or statutory immunity enjoyed by such person, and nothing in this section abrogates or modifies in any way such common law or statutory immunity.
[ 2021 c 66 s 1.]

catchline: Immunity from liability for certain care or assistance at scene of emergency or disaster.


title: RCW 4.24.314

text:
(1) Any person transporting hazardous materials shall clean up any hazardous materials incident that occurs during transportation, and shall take such additional action as may be reasonably necessary after consultation with the designated incident command agency in order to achieve compliance with all applicable federal and state laws and regulations.
Any person transporting hazardous materials that is responsible for causing a hazardous materials incident, as defined in RCW 70.136.020, other than the operating employees of a transportation company, is liable to the state or any political subdivision thereof for extraordinary costs incurred by the state or the political subdivision in the course of protecting the public from actual or threatened harm resulting from the hazardous materials incident.
(2) Any person, other than a person transporting hazardous materials or an operating employee of a company, responsible for causing a hazardous materials incident, as defined in RCW 70.136.020, is liable to a municipal fire department or fire district for extraordinary costs incurred by the municipal fire department or fire district, in the course of protecting the public from actual or threatened harm resulting from the hazardous materials incident, until the incident oversight is assumed by the department of ecology.
(3) "Extraordinary costs" as used in this section means those reasonable and necessary costs incurred by a governmental entity in the course of protecting life and property that exceed the normal and usual expenses anticipated for police and fire protection, emergency services, and public works. These shall include, but not be limited to, overtime for public employees, unusual fuel consumption requirements, any loss or damage to publicly owned equipment, and the purchase or lease of any special equipment or services required to protect the public during the hazardous materials incident.
[ 1989 c 406 s 1; 1984 c 165 s 3.]

catchline: Person causing hazardous materials incident—Responsibility for incident clean-up—Liability.


title: RCW 4.24.320

text:
Any person whose livestock is damaged as a result of actions described in RCW 16.52.205 or any owner of livestock who suffers damage as a result of a willful, unauthorized act described in RCW 9A.56.080, 9A.56.083, or 16.52.320 may bring an action against the person or persons committing the act in a court of competent jurisdiction for exemplary damages up to three times the actual damages sustained, plus attorney's fees. As used in this section, "livestock" means the animals specified in RCW 9A.56.080 and 16.52.011.
[ 2011 c 67 s 2; 2005 c 419 s 2; 2003 c 53 s 4; 1979 c 145 s 1; 1977 ex.s. c 174 s 3.]
Notes:
Intent—Effective date—2003 c 53: See notes following RCW 2.48.180.

catchline: Action by person damaged by malicious mischief to livestock or by owner damaged by theft of livestock—Treble damages, attorney's fees.


title: RCW 4.24.330

text:
(1) An adult or emancipated minor who commits criminal street gang tagging and graffiti under RCW 9A.48.105 by causing physical damage to the property of another is liable in addition to actual damages, for a penalty to the owner in the amount of the value of the damaged property not to exceed one thousand dollars, plus an additional penalty of not less than one hundred dollars nor more than two hundred dollars, plus all reasonable attorneys' fees and court costs expended by the owner.
(2) A conviction for violation of RCW 9A.48.105 is not a condition precedent to maintenance of a civil action authorized by this section.
(3) An owner demanding payment of a penalty under subsection (1) of this section shall give written notice to the person or persons from whom the penalty is sought.
[ 2008 c 276 s 307.]
Notes:
Severability—Part headings, subheadings not law—2008 c 276: See notes following RCW 36.28A.200.

catchline: Action for damages caused by criminal street gang tagging and graffiti.


title: RCW 4.24.340

text:
Merchants and other parties who create a database of individuals who have been: Apprehended in the process of committing a property crime; assessed a civil fine or penalty for committing a property crime; or convicted of a property crime are not subject to civil fines or penalties for sharing information from the database with other merchants, law enforcement officials, or legal professionals.
[ 2009 c 431 s 19.]
Notes:
Applicability—2009 c 431: See note following RCW 4.24.230.

catchline: Liability of merchants and other parties for creating a property crime database—Information sharing.


title: RCW 4.24.345

text:
(1) A person may bring a civil action for damages against any person who knowingly causes a law enforcement officer to arrive at a location to contact another person with the intent to:
(a) Infringe on the other person's rights under the Washington state or United States Constitutions;
(b) Unlawfully discriminate against the other person;
(c) Cause the other person to feel harassed, humiliated, or embarrassed;
(d) Cause the other person to be expelled from a place in which the other person is lawfully located; or
(e) Damage the other person's:
(i) Reputation or standing in the community; or
(ii) Financial, economic, consumer, or business prospects or interests.
(2) A person shall not be held liable under subsection (1) of this section if the person acted in good faith in causing a law enforcement officer to arrive.
(3) Upon prevailing in an action under this section, the plaintiff may recover:
(a) The greater of:
(i) Economic and noneconomic damages; or
(ii) $250 against each defendant found liable under this section; and
(b) Punitive damages.
(4) The court may award reasonable attorneys' fees and costs to the prevailing plaintiff in an action under this section.
(5) A civil action under this section:
(a) May be maintained in a court of limited jurisdiction if the total damages claimed do not exceed the statutory limit for damages that the court of limited jurisdiction may award; and
(b) Does not affect a right or remedy available under any other law of this state.
[ 2021 c 330 s 1.]

catchline: Unlawfully summoning a law enforcement officer—Civil action.


title: RCW 4.24.350

text:
(1) In any action for damages, whether based on tort or contract or otherwise, a claim or counterclaim for damages may be litigated in the principal action for malicious prosecution on the ground that the action was instituted with knowledge that the same was false, and unfounded, malicious and without probable cause in the filing of such action, or that the same was filed as a part of a conspiracy to misuse judicial process by filing an action known to be false and unfounded.
(2) In any action, claim, or counterclaim brought by a judicial officer, prosecuting authority, or law enforcement officer for malicious prosecution arising out of the performance or purported performance of the public duty of such officer, an arrest or seizure of property need not be an element of the claim, nor do special damages need to be proved. A judicial officer, prosecuting authority, or law enforcement officer prevailing in such an action may be allowed an amount up to one thousand dollars as liquidated damages, together with a reasonable attorneys' fee, and other costs of suit. A government entity which has provided legal services to the prevailing judicial officer, prosecuting authority, or law enforcement officer has reimbursement rights to any award for reasonable attorneys' fees and other costs, but shall have no such rights to any liquidated damages allowed.
(3) No action may be brought against an attorney under this section solely because of that attorney's representation of a party in a lawsuit.
(4) As used in this section:
(a) "Judicial officer" means a justice, judge, magistrate, or other judicial officer of the state or a city, town, or county.
(b) "Prosecuting authority" means any officer or employee of the state or a city, town, or county who is authorized by law to initiate a criminal or civil proceeding on behalf of the public.
(c) "Law enforcement officer" means a member of the state patrol, a sheriff or deputy sheriff, or a member of the police force of a city, town, university, state college, or port district, or a fish and wildlife officer or ex officio fish and wildlife officer as defined in RCW 77.08.010.
[ 2001 c 253 s 1; 1997 c 206 s 1; 1984 c 133 s 2; 1977 ex.s. c 158 s 1.]
Notes:
Legislative findings—1984 c 133: "The legislature finds that a growing number of unfounded lawsuits, claims, and liens are filed against law enforcement officers, prosecuting authorities, and judges, and against their property, having the purpose and effect of deterring those officers in the exercise of their discretion and inhibiting the performance of their public duties.
The legislature also finds that the cost of defending against such unfounded suits, claims and liens is severely burdensome to such officers, and also to the state and the various cities and counties of the state. The purpose of section 2 of this 1984 act is to provide a remedy to those public officers and to the public." [ 1984 c 133 s 1.]
Construction—1984 c 133: "The provisions of section 2 of this 1984 act are remedial and shall be liberally construed." [ 1984 c 133 s 3.]
Severability—1984 c 133: "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." [ 1984 c 133 s 4.]

catchline: Actions for damages that are false, unfounded, malicious, without probable cause, or part of conspiracy—Action, claim, or counterclaim by judicial officer, prosecuting authority, or law enforcement officer for malicious prosecution—Damages and costs—Attorneys' fees—Definitions.


title: RCW 4.24.355

text:
All persons removed from premises pursuant to RCW 9A.52.105 on the basis of false statements made by a declarant pursuant to RCW 9A.52.115 shall have a cause of action to recover from the declarant for actual damages, together with costs and reasonable attorneys' fees.
[ 2017 c 284 s 3.]

catchline: Action by person removed from premises pursuant to RCW 9A.52.105—Damages, costs, attorneys' fees.


title: RCW 4.24.360

text:
Any clause in a construction contract, as defined in RCW 4.24.370, which purports to waive, release, or extinguish the rights of a contractor, subcontractor, or supplier to damages or an equitable adjustment arising out of unreasonable delay in performance which delay is caused by the acts or omissions of the contractee or persons acting for the contractee is against public policy and is void and unenforceable.
This section shall not be construed to void any provision in a construction contract, as defined in RCW 4.24.370, which (1) requires notice of delays, (2) provides for arbitration or other procedure for settlement, or (3) provides for reasonable liquidated damages.
[ 1979 ex.s. c 264 s 1.]

catchline: Construction contract provision waiving, releasing, etc., rights of contractor, etc., to damages or adjustment for unreasonable delay caused by contractee, etc.—Declared void and unenforceable—Exceptions.


title: RCW 4.24.370

text:
"Construction contract" for purposes of RCW 4.24.360 means any contract or agreement for the construction, alteration, repair, addition to, subtraction from, improvement to, or maintenance of, any building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate, including moving and demolition in connection therewith.
[ 1979 ex.s. c 264 s 2.]

catchline: Construction contract provision waiving, releasing, etc., rights of contractor, etc., to damages or adjustment for unreasonable delay caused by contractee, etc.—"Construction contract" defined.


title: RCW 4.24.380

text:
The provisions of RCW 4.24.360 shall apply to contracts or agreements entered into after September 1, 1979.
[ 1979 ex.s. c 264 s 3.]

catchline: Construction contract provision waiving, releasing, etc., rights of contractor, etc., to damages or adjustment for unreasonable delay caused by contractee, etc.—Prospective application of RCW 4.24.360.


title: RCW 4.24.400

text:
No building warden, who acts in good faith, with or without compensation, shall be personally liable for civil damages arising from his or her negligent acts or omissions during the course of assigned duties in assisting others to evacuate industrial, commercial, governmental or multiunit residential buildings or in attempting to control or alleviate a hazard to the building or its occupants caused by fire, earthquake or other threat to life or limb. The term "building warden" means an individual who is assigned to take charge of the occupants on a floor or in an area of a building during an emergency in accordance with a predetermined fire safety or evacuation plan; and/or an individual selected by a municipal fire chief or the chief of the Washington state patrol, through the director of fire protection, after an emergency is in progress to assist in evacuating the occupants of such a building or providing for their safety. This section shall not apply to any acts or omissions constituting gross negligence or wilful or wanton misconduct.
[ 1995 c 369 s 2; 1986 c 266 s 79; 1981 c 320 s 1.]
Notes:
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.

catchline: Building warden assisting others to evacuate building or attempting to control hazard—Immunity from liability.


title: RCW 4.24.404

text:
The definitions in this section apply throughout RCW 4.24.406 unless the context clearly requires otherwise.
(1) "Domestic animal" means a dog, cat, or other animal that is domesticated and may be kept as a household pet. The term does not include livestock or other farm animals.
(2) "Motor vehicle" has the same meaning as provided in RCW 46.04.320.
(3) "Vulnerable person" means a person under the age of 18 years or a person whose ability to perform the normal activities of daily living or to provide for their own care or protection is impaired due to a mental, emotional, sensory, long-term physical, or developmental disability or dysfunction, or brain damage, or the infirmities of aging.
[ 2025 c 183 s 1.]

catchline: Removal of vulnerable person or domestic animal from motor vehicle—Definitions.


title: RCW 4.24.406

text:
A person who enters a motor vehicle, by force or otherwise, for the purpose of removing a vulnerable person or domestic animal is immune from civil liability for damage to the motor vehicle if the person:
(1) Determines the motor vehicle is locked or there is otherwise no reasonable method for the vulnerable person or domestic animal to exit the motor vehicle without assistance;
(2) Has a good faith and reasonable belief, based upon the known circumstances, that entry into the motor vehicle is necessary because the vulnerable person or domestic animal is in imminent danger of suffering harm;
(3) Ensures that law enforcement is notified or 911 called before entering the motor vehicle;
(4) Uses no more force to enter the motor vehicle and remove the vulnerable person or domestic animal than is necessary; and
(5) Remains with the vulnerable person or domestic animal in a safe location, in reasonable proximity to the motor vehicle, until law enforcement, animal control, or other first responders arrive.
[ 2025 c 183 s 2.]

catchline: Removal of vulnerable person or domestic animal from motor vehicle—Civil liability for vehicle damage.


title: RCW 4.24.410

text:
(1) As used in this section:
(a) "Police dog" means a dog used by a law enforcement agency specially trained for law enforcement work and under the control of a dog handler.
(b) "Accelerant detection dog" means a dog used exclusively for accelerant detection by the state fire marshal or a fire department and under the control of the state fire marshal or his or her designee or a fire department handler.
(c) "Dog handler" means a law enforcement officer who has successfully completed training as prescribed by the Washington state criminal justice training commission in police dog handling, or in the case of an accelerant detection dog, the state fire marshal's designee or an employee of the fire department authorized by the fire chief to be the dog's handler.
(d) "Lawful application of a police dog" means employment or specific use of a police dog as allowed by law.
(2) Any dog handler who uses a police dog in the line of duty in good faith is immune from civil action for damages arising out of such use of the police dog or accelerant detection dog.
(3) A state or local government or law enforcement agency is not strictly liable for damages resulting from the lawful application of a police dog.
[ 2024 c 305 s 2; 1993 c 180 s 1; 1989 c 26 s 1; 1982 c 22 s 1.]

catchline: Police dogs—Immunity.


title: RCW 4.24.420

text:
(1) Except in an action arising out of law enforcement activities resulting in personal injury or death, it is a complete defense to any action for damages for personal injury or wrongful death that the person injured or killed was engaged in the commission of a felony at the time of the occurrence causing the injury or death and the felony was a proximate cause of the injury or death.
(2) In an action arising out of law enforcement activities resulting in personal injury or death, it is a complete defense to the action that the finder of fact has determined beyond a reasonable doubt that the person injured or killed was engaged in the commission of a felony at the time of the occurrence causing the injury or death, the commission of which was a proximate cause of the injury or death.
(3) Nothing in this section shall affect a right of action under 42 U.S.C. Sec. 1983.
[ 2021 c 325 s 1; 1987 c 212 s 901; 1986 c 305 s 501.]
Notes:
Preamble—Report to legislature—Applicability—Severability—1986 c 305: See notes following RCW 4.16.160.

catchline: Action by person committing a felony—Defense—Law enforcement activities—Actions under 42 U.S.C. Sec. 1983.


title: RCW 4.24.430

text:
If a person serving a criminal sentence in a federal, state, local, or privately operated correctional facility seeks leave to proceed in state court without payment of filing fees in any civil action or appeal against the state, a state or local governmental agency or entity, or a state or local official, employee, or volunteer acting in such capacity, except an action that, if successful, would affect the duration of the person's confinement, the court shall deny the request for waiver of the court filing fees if the person has, on three or more occasions while incarcerated or detained in any such facility, brought an action or appeal that was dismissed by a state or federal court on grounds that it was frivolous or malicious. One of the three previous dismissals must have involved an action or appeal commenced after July 22, 2011. A court may permit the person to commence the action or appeal without payment of filing fees if the court determines the person is in imminent danger of serious physical injury.
[ 2011 c 220 s 1.]

catchline: Actions by persons serving criminal sentence—Waiver of filing fees—Effect of previous claims dismissed on grounds claim was frivolous or malicious.


title: RCW 4.24.450

text:
Unless the context clearly requires otherwise the following definitions apply throughout RCW 4.24.460:
(1) "Nuclear incident" means any occurrence within this state causing, within or without this state, bodily injury, sickness, disease or death; loss or damage to property; or loss of use of property arising out of the resultant radioactive, toxic, explosive, or other hazardous properties of radioactive wastes being stored in or being transported to or from a waste repository in this state.
(2) "Operator" means the entity or entities that have been given responsibility for constructing, operating, or monitoring waste repositories or transporting radioactive waste and may include the United States and its federal agencies.
(3) "Radioactive waste" includes, but is not limited to, high-level radioactive waste, low-level radioactive waste, transuranic radioactive waste, spent nuclear fuel, and radioactive defense waste. It does not include de minimis radioactive waste.
(4) "Spent nuclear fuel" means fuel that has been withdrawn from a nuclear reactor following irradiation, the constituent elements of which have not been separated by reprocessing.
(5) "Waste repository" means any system which is intended or may be used for the disposal or storage of radioactive waste including permanent disposal systems, interim storage systems, monitored retrievable storage systems, defense waste storage systems, test and evaluation facilities, or similar systems.
[ 1985 c 275 s 1.]

catchline: Liability of operators for nuclear incidents—Definitions.


title: RCW 4.24.460

text:
(1) Operators are liable for failure to exercise ordinary and reasonable care to protect persons and property subject to injury in nuclear incidents. In addition, operators are liable for operational expenses and emergency purchases incurred by local or state governments in responding to nuclear incidents.
(2) If a nuclear incident occurs, there is a presumption that the operator of a waste repository was negligent in constructing, operating, or monitoring the waste repository, or in transporting radioactive waste, and that the operator was an actual cause of the nuclear incident. The presumption may be rebutted by a clear and convincing showing by the operator that the nuclear incident was not the result of the operator's negligence and that the operator's negligence was not an actual cause of the nuclear incident.
(3) This section does not limit the recovery of parties injured by a nuclear incident against the operators of a waste repository under theories of negligence in selecting contractors, failure to retain adequate controls over the waste repository, vicarious liability for contractors, failure to take reasonable precautionary measures with respect to inherently dangerous activities, and other negligence theories. This section does not limit the recovery of parties injured by a nuclear incident against parties other than operators of a waste facility.
[ 1985 c 275 s 2.]

catchline: Liability of operators for nuclear incidents—Presumption of operator negligence—Rebuttal—Recovery for negligence or against other parties not limited by section.


title: RCW 4.24.470

text:
(1) An appointed or elected official or member of the governing body of a public agency is immune from civil liability for damages for any discretionary decision or failure to make a discretionary decision within his or her official capacity, but liability shall remain on the public agency for the tortious conduct of its officials or members of the governing body.
(2) For purposes of this section:
(a) "Public agency" means any state agency, board, commission, department, institution of higher education, school district, political subdivision, or unit of local government of this state including but not limited to municipal corporations, quasi-municipal corporations, special purpose districts, and local service districts.
(b) "Governing body" means the policy-making body of a public agency.
[ 1987 c 212 s 401.]
Notes:
Actions against local government for tortious conduct: Chapter 4.96 RCW.

catchline: Liability of officials and members of governing body of public agency—Definitions.


title: RCW 4.24.480

text:
Any person who is appointed by the state emergency response commission under the authority of Sec. 301(c) of Title III of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. Sec. 11001) to serve on the state hazardous materials planning committee or a local emergency planning committee who, in good faith, assists in the development or review of local plans to respond to hazardous materials incidents is not liable for civil damages as a result of any act or omission in the development, review, or implementation of such plans unless the act or omission constitutes gross negligence or wilful misconduct.
[ 1988 c 42 s 15.]
Notes:
Severability—1988 c 42: "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." [ 1988 c 42 s 19.]

catchline: Liability of members of state hazardous materials planning committee and local emergency planning committees.


title: RCW 4.24.490

text:
(1) The state shall indemnify and hold harmless its employees in the amount of any judgment obtained or fine levied against an employee in any state or federal court, or in the amount of the settlement of a claim, or shall pay the judgment, fine, or settlement, if the act or omission that gave rise to the civil or criminal liability was in good faith and occurred while the employee was acting within the scope of his or her employment or duties and the employee is being represented in accordance with RCW 4.92.070.
(2) For purposes of this section "state employee" means a member of the civil service or an exempt person under chapter 41.06 RCW, or *higher education personnel under chapter 28B.16 RCW.
[ 1989 c 413 s 3.]
Notes:
*Reviser's note: Chapter 28B.16 RCW was repealed by 1993 c 281, with the exception of RCW 28B.16.015 and 28B.16.240, which was recodified as RCW 41.06.382. The powers, duties, and functions of the state higher education personnel board were transferred to the Washington personnel resources board. RCW 28B.16.015 and 41.06.382 were subsequently repealed by 2002 c 354 s 403, effective July 1, 2005.

catchline: Indemnification of state employees.


title: RCW 4.24.495

text:
(1) The legislature finds and declares application of this section to pending claims and actions clarifies existing state law rather than changes it. Public employees who paid agency or fair share fees as a condition of public employment in accordance with state law and supreme court precedent before June 27, 2018, had no legitimate expectation of receiving that money under any available cause of action. Public employers and employee organizations who relied on, and abided by, state law and supreme court precedent in deducting and accepting those fees were not liable to refund them. Agency or fair share fees paid for collective bargaining representation that employee organizations were obligated by state law to provide to public employees. Application of this section to pending claims will preserve, rather than interfere with, important reliance interests.
(2) Public employers and an employee organization, or any of their employees or agents, are not liable for, and have a complete defense to, any claims or actions under the law of this state for requiring, deducting, receiving, or retaining agency or fair share fees from public employees, and current or former public employees do not have standing to pursue these claims or actions, if the fees were permitted at the time under the laws of this state then in force and paid, through payroll deduction or otherwise, before June 27, 2018.
(a) This section applies to all claims and actions pending on July 28, 2019, and to claims and actions filed on or after July 28, 2019.
(b) This section may not be interpreted to infer that any relief made unavailable by this section would otherwise be available.
(3) This section is necessary to provide certainty to public employers and employee organizations that relied on state law, and to avoid disruption of public employee labor relations, after the supreme court's decision in Janus v. American Federation of State, County, and Municipal Employees, Council 31 (2018) 138 S.Ct. 2448.
(4) For purposes of this section:
(a) "Employee organization" means any organization that functioned as an exclusive collective bargaining representative for public employees under any statute, ordinance, regulation, or other state or local law, and any labor organization with which it was affiliated.
(b) "Public employer" means any public employer including, but not limited to, the state, a court, a city, a county, a city and county, a school district, a community college district, an institution of higher education and its board or regents, a transit district, any public authority, any public agency, any other political subdivision or public corporation, or any other entity considered a public employer for purposes of the labor relations statutes of Washington.
[ 2019 c 230 s 1.]

catchline: Liability of public employers for deducting or receiving agency or fair share fees from public employees—Findings and declaration—Definitions.


title: RCW 4.24.500

text:
Information provided by citizens concerning potential wrongdoing is vital to effective law enforcement and the efficient operation of government. The legislature finds that the threat of a civil action for damages can act as a deterrent to citizens who wish to report information to federal, state, or local agencies. The costs of defending against such suits can be severely burdensome. The purpose of RCW 4.24.500 through 4.24.520 is to protect individuals who make good-faith reports to appropriate governmental bodies.
[ 1989 c 234 s 1.]

catchline: Good faith communication to government agency—Legislative findings—Purpose.


title: RCW 4.24.510

text:
A person who communicates a complaint or information to any branch or agency of federal, state, or local government, or to any self-regulatory organization that regulates persons involved in the securities or futures business and that has been delegated authority by a federal, state, or local government agency and is subject to oversight by the delegating agency, is immune from civil liability for claims based upon the communication to the agency or organization regarding any matter reasonably of concern to that agency or organization. A person prevailing upon the defense provided for in this section is entitled to recover expenses and reasonable attorneys' fees incurred in establishing the defense and in addition shall receive statutory damages of ten thousand dollars. Statutory damages may be denied if the court finds that the complaint or information was communicated in bad faith.
[ 2002 c 232 s 2; 1999 c 54 s 1; 1989 c 234 s 2.]
Notes:
Intent—2002 c 232: "Strategic lawsuits against public participation, or SLAPP suits, involve communications made to influence a government action or outcome which results in a civil complaint or counterclaim filed against individuals or organizations on a substantive issue of some public interest or social significance. SLAPP suits are designed to intimidate the exercise of First Amendment rights and rights under Article I, section 5 of the Washington state Constitution.
Although Washington state adopted the first modern anti-SLAPP law in 1989, that law has, in practice, failed to set forth clear rules for early dismissal review. Since that time, the United States supreme court has made it clear that, as long as the petitioning is aimed at procuring favorable government action, result, product, or outcome, it is protected and the case should be dismissed. Chapter 232, Laws of 2002 amends Washington law to bring it in line with these court decisions which recognizes that the United States Constitution protects advocacy to government, regardless of content or motive, so long as it is designed to have some effect on government decision making." [ 2002 c 232 s 1.]

catchline: Communication to government agency or self-regulatory organization—Immunity from civil liability.


title: RCW 4.24.520

text:
In order to protect the free flow of information from citizens to their government, an agency receiving a complaint or information under RCW 4.24.510 may intervene in and defend against any suit precipitated by the communication to the agency. In the event that a local governmental agency does not intervene in and defend against a suit arising from any communication protected under chapter 234, Laws of 1989, the office of the attorney general may intervene in and defend against the suit. An agency prevailing upon the defense provided for in RCW 4.24.510 shall be entitled to recover costs and reasonable attorneys' fees incurred in establishing the defense. If the agency fails to establish the defense provided for in RCW 4.24.510, the party bringing the action shall be entitled to recover from the agency costs and reasonable attorney's fees incurred in proving the defense inapplicable or invalid.
[ 1989 c 234 s 4.]

catchline: Good faith communication to government agency—When agency or attorney general may defend against lawsuit—Costs and fees.


title: RCW 4.24.530

text:
Unless the context clearly indicates otherwise, the definitions in this section apply to RCW 4.24.530, 4.24.540, and section 3, chapter 292, Laws of 1989.
(1) "Equine" means a horse, pony, mule, donkey, or hinny.
(2) "Equine activity" means: (a) Equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, endurance trail riding and western games, and hunting; (b) equine training and/or teaching activities; (c) boarding equines; (d) riding, inspecting, or evaluating an equine belonging to another whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect, or evaluate the equine; and (e) rides, trips, hunts, or other equine activities of any type however informal or impromptu that are sponsored by an equine activity sponsor.
(3) "Equine activity sponsor" means an individual, group or club, partnership, or corporation, whether or not the sponsor is operating for profit or nonprofit, which sponsors, organizes, or provides the facilities for, an equine activity including but not limited to: Pony clubs, 4-H clubs, hunt clubs, riding clubs, school and college sponsored classes and programs, therapeutic riding programs, and, operators, instructors, and promoters of equine facilities, including but not limited to stables, clubhouses, ponyride strings, fairs, and arenas at which the activity is held.
(4) "Participant" means any person, whether amateur or professional, who directly engages in an equine activity, whether or not a fee is paid to participate in the equine activity.
(5) "Engages in an equine activity" means a person who rides, trains, drives, or is a passenger upon an equine, whether mounted or unmounted, and does not mean a spectator at an equine activity or a person who participates in the equine activity but does not ride, train, drive, or ride as a passenger upon an equine.
(6) "Equine professional" means a person engaged for compensation (a) in instructing a participant or renting to a participant an equine for the purpose of riding, driving, or being a passenger upon the equine, or, (b) in renting equipment or tack to a participant.
[ 1989 c 292 s 1.]
Notes:
Application—1989 c 292 ss 1 and 2: "Sections 1 and 2 of this act apply only to causes of action filed on or after July 23, 1989." [ 1989 c 292 s 3.]

catchline: Limitations on liability for equine activities—Definitions.


title: RCW 4.24.540

text:
(1) Except as provided in subsection (2) of this section, an equine activity sponsor or an equine professional shall not be liable for an injury to or the death of a participant engaged in an equine activity, and, except as provided in subsection (2) of this section, no participant nor participant's representative may maintain an action against or recover from an equine activity sponsor or an equine professional for an injury to or the death of a participant engaged in an equine activity.
(2)(a) RCW 4.24.530 and 4.24.540 do not apply to the horse racing industry as regulated in chapter 67.16 RCW.
(b) Nothing in subsection (1) of this section shall prevent or limit the liability of an equine activity sponsor or an equine professional:
(i) If the equine activity sponsor or the equine professional:
(A) Provided the equipment or tack and the equipment or tack caused the injury; or
(B) Provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity, determine the ability of the equine to behave safely with the participant, and determine the ability of the participant to safely manage the particular equine;
(ii) If the equine activity sponsor or the equine professional owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition which was known to or should have been known to the equine activity sponsor or the equine professional and for which warning signs have not been conspicuously posted;
(iii) If the equine activity sponsor or the equine professional commits an act or omission that constitutes willful or wanton disregard for the safety of the participant and that act or omission caused the injury;
(iv) If the equine activity sponsor or the equine professional intentionally injures the participant;
(v) Under liability provisions as set forth in the products liability laws; or
(vi) Under liability provisions in chapter 16.04, *16.13, or * 16.16 RCW.
[ 1989 c 292 s 2.]
Notes:
*Reviser's note: Chapters 16.13 and 16.16 RCW were each recodified and/or repealed in their entirety by 1989 c 286. For disposition of chapters 16.13 and 16.16 RCW, see Table of Disposition of Former RCW Sections.
Application—1989 c 292 ss 1 and 2: See note following RCW 4.24.530.

catchline: Limitations on liability for equine activities—Exceptions.


title: RCW 4.24.545

text:
Local governments, their subdivisions and employees, the department of corrections and its employees, and the Washington association of sheriffs and police chiefs and its employees are immune from civil liability for damages arising from incidents involving offenders who are placed on electronic monitoring or who are participating in the 24/7 sobriety program, unless it is shown that an employee acted with gross negligence or bad faith.
[ 2013 2nd sp.s. c 35 s 33; 2006 c 130 s 3.]

catchline: Electronic monitoring or 24/7 sobriety program participation—Limitation on liability.


title: RCW 4.24.550

text:
(1) In addition to the disclosure under subsection (5) of this section, public agencies are authorized to release information to the public regarding sex offenders and kidnapping offenders when the agency determines that disclosure of the information is relevant and necessary to protect the public and counteract the danger created by the particular offender. This authorization applies to information regarding: (a) Any person adjudicated or convicted of a sex offense as defined in RCW 9A.44.128 or a kidnapping offense as defined by RCW 9A.44.128; (b) any person under the jurisdiction of the indeterminate sentence review board as the result of a sex offense or kidnapping offense; (c) any person committed as a sexually violent predator under chapter 71.09 RCW or as a sexual psychopath under chapter 71.06 RCW; (d) any person found not guilty of a sex offense or kidnapping offense by reason of insanity under chapter 10.77 RCW; and (e) any person found incompetent to stand trial for a sex offense or kidnapping offense and subsequently committed under chapter 71.05 or 71.34 RCW.
(2) Except for the information specifically required under subsection (5) of this section, the extent of the public disclosure of relevant and necessary information shall be rationally related to: (a) The level of risk posed by the offender to the community; (b) the locations where the offender resides, expects to reside, or is regularly found; and (c) the needs of the affected community members for information to enhance their individual and collective safety.
(3) Except for the information specifically required under subsection (5) of this section, local law enforcement agencies shall consider the following guidelines in determining the extent of a public disclosure made under this section: (a) For offenders classified as risk level I, the agency shall share information with other appropriate law enforcement agencies and, if the offender is a student, the public or private school regulated under Title 28A RCW or chapter 72.40 RCW which the offender is attending, or planning to attend. The agency may disclose, upon request, relevant, necessary, and accurate information to any victim or witness to the offense, any individual community member who lives near the residence where the offender resides, expects to reside, or is regularly found, and any individual who requests information regarding a specific offender; (b) for offenders classified as risk level II, the agency may also disclose relevant, necessary, and accurate information to public and private schools, child day care centers, family day care providers, public libraries, businesses and organizations that serve primarily children, women, or vulnerable adults, and neighbors and community groups near the residence where the offender resides, expects to reside, or is regularly found; (c) for offenders classified as risk level III, the agency may also disclose relevant, necessary, and accurate information to the public at large; and (d) because more localized notification is not feasible and homeless and transient offenders may present unique risks to the community, the agency may also disclose relevant, necessary, and accurate information to the public at large for offenders registered as homeless or transient.
(4) The county sheriff with whom an offender classified as risk level III is registered shall release a sex offender community notification that conforms to the guidelines established under RCW 4.24.5501.
(5)(a) When funded by federal grants or other sources, the Washington association of sheriffs and police chiefs shall create and maintain a statewide registered kidnapping and sex offender website, which shall be available to the public. The website shall post all level III and level II registered sex offenders, level I registered sex offenders only during the time they are out of compliance with registration requirements under RCW 9A.44.130 or if lacking a fixed residence as provided in RCW 9A.44.130, and all registered kidnapping offenders in the state of Washington.
(i) For level III offenders, the website shall contain, but is not limited to, the registered sex offender's name, relevant criminal convictions, address by hundred block, physical description, and photograph. The website shall provide mapping capabilities that display the sex offender's address by hundred block on a map. The website shall allow citizens to search for registered sex offenders within the state of Washington by county, city, zip code, last name, and address by hundred block.
(ii) For level II offenders, and level I sex offenders during the time they are out of compliance with registration requirements under RCW 9A.44.130, the website shall contain, but is not limited to, the same information and functionality as described in (a)(i) of this subsection, provided that it is permissible under state and federal law. If it is not permissible, the website shall be limited to the information and functionality that is permissible under state and federal law.
(iii) For kidnapping offenders, the website shall contain, but is not limited to, the same information and functionality as described in (a)(i) of this subsection, provided that it is permissible under state and federal law. If it is not permissible, the website shall be limited to the information and functionality that is permissible under state and federal law.
(b) Law enforcement agencies must provide information requested by the Washington association of sheriffs and police chiefs to administer the statewide registered kidnapping and sex offender website.
(c)(i) Within five business days of the Washington association of sheriffs and police chiefs receiving any public record request under chapter 42.56 RCW for sex offender and kidnapping offender information, records or website data it holds or maintains pursuant to this section or a unified sex offender registry, the Washington association of sheriffs and police chiefs shall refer the requester in writing to the appropriate law enforcement agency or agencies for submission of such a request. The Washington association of sheriffs and police chiefs shall have no further obligation under chapter 42.56 RCW for responding to such a request.
(ii) This subparagraph (c) of this section is remedial and applies retroactively.
(6)(a) Law enforcement agencies responsible for the registration and dissemination of information regarding offenders required to register under RCW 9A.44.130 shall assign a risk level classification to all offenders after consideration of: (i) Any available risk level classifications provided by the department of corrections, the department of social and health services, and the indeterminate sentence review board; (ii) the agency's own application of a sex offender risk assessment tool; and (iii) other information and aggravating or mitigating factors known to the agency and deemed rationally related to the risk posed by the offender to the community at large.
(b) A sex offender shall be classified as a risk level I if his or her risk assessment and other information or factors deemed relevant by the law enforcement agency indicate he or she is at a low risk to sexually reoffend within the community at large. A sex offender shall be classified as a risk level II if his or her risk assessment and other information or factors deemed relevant by the law enforcement agency indicate he or she is at a moderate risk to sexually reoffend within the community at large. A sex offender shall be classified as a risk level III if his or her risk assessment and other information or factors deemed relevant by the law enforcement agency indicate he or she is at a high risk to sexually reoffend within the community at large.
(c) The agency shall make a good faith effort to notify the public and residents within a reasonable period of time after the offender registers with the agency.
(d) Agencies may develop a process to allow an offender to petition for review of the offender's assigned risk level classification. The timing, frequency, and process for review are at the sole discretion of the agency.
(7) An appointed or elected public official, public employee, or public agency as defined in RCW 4.24.470, or units of local government and its employees, as provided in RCW 36.28A.010, are immune from civil liability for damages for any discretionary risk level classification decisions or release of relevant and necessary information, unless it is shown that the official, employee, or agency acted with gross negligence or in bad faith. The immunity in this section applies to risk level classification decisions and the release of relevant and necessary information regarding any individual for whom disclosure is authorized. The decision of a law enforcement agency or official to classify an offender to a risk level other than the one assigned by the department of corrections, the department of social and health services, or the indeterminate sentence review board, or the release of any relevant and necessary information based on that different classification shall not, by itself, be considered gross negligence or bad faith. The immunity provided under this section applies to the release of relevant and necessary information to other public officials, public employees, or public agencies, and to the general public.
(8) Except as may otherwise be provided by law, nothing in this section shall impose any liability upon a public official, public employee, or public agency for failing to release information authorized under this section.
(9) Nothing in this section implies that information regarding persons designated in subsection (1) of this section is confidential except as may otherwise be provided by law.
(10) When a law enforcement agency or official classifies an offender differently than the offender is classified by the end of sentence review committee at the time of the offender's release from confinement, the law enforcement agency or official shall notify the end of sentence review committee and the Washington state patrol and submit its reasons supporting the change in classification.
(11) As used in this section, "law enforcement agency" means a general authority Washington law enforcement agency as defined in RCW 10.93.020.
[ 2015 c 261 s 1; 2011 c 337 s 1; 2008 c 98 s 1. Prior: 2005 c 380 s 2; 2005 c 228 s 1; 2005 c 99 s 1; 2003 c 217 s 1; 2002 c 118 s 1; prior: 2001 c 283 s 2; 2001 c 169 s 2; 1998 c 220 s 6; prior: 1997 c 364 s 1; 1997 c 113 s 2; 1996 c 215 s 1; 1994 c 129 s 2; 1990 c 3 s 117.]
Notes:
Effective date—2005 c 380: See note following RCW 9A.44.130.
Conflict with federal requirements—2002 c 118: "If any provision of this act or its application to any person or circumstance is held invalid due to a conflict with federal law, the conflicting part of this act is inoperative solely to the extent of the conflict, and such holding does not affect the operation of the remainder of this act or the application of the provision to other persons or circumstances." [ 2002 c 118 s 3.]
Severability—1998 c 220: See note following RCW 9A.44.130.
Severability—1997 c 364: "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." [ 1997 c 364 s 9.]
Findings—1997 c 113: "The legislature finds that offenders who commit kidnapping offenses against minor children pose a substantial threat to the well-being of our communities. Child victims are especially vulnerable and unable to protect themselves. The legislature further finds that requiring sex offenders to register has assisted law enforcement agencies in protecting their communities. Similar registration requirements for offenders who have kidnapped or unlawfully imprisoned a child would also assist law enforcement agencies in protecting the children in their communities from further victimization." [ 1997 c 113 s 1.]
Findings—Intent—1994 c 129: "The legislature finds that members of the public may be alarmed when law enforcement officers notify them that a sex offender who is about to be released from custody will live in or near their neighborhood. The legislature also finds that if the public is provided adequate notice and information, the community can develop constructive plans to prepare themselves and their children for the offender's release. A sufficient time period allows communities to meet with law enforcement to discuss and prepare for the release, to establish block watches, to obtain information about the rights and responsibilities of the community and the offender, and to provide education and counseling to their children. Therefore, the legislature intends that when law enforcement officials decide to notify the public about a sex offender's pending release that notice be given at least fourteen days before the offender's release whenever possible." [ 1994 c 129 s 1.]
Finding—Policy—1990 c 3 s 117: "The legislature finds that sex offenders pose a high risk of engaging in sex offenses even after being released from incarceration or commitment and that protection of the public from sex offenders is a paramount governmental interest. The legislature further finds that the penal and mental health components of our justice system are largely hidden from public view and that lack of information from either may result in failure of both systems to meet this paramount concern of public safety. Overly restrictive confidentiality and liability laws governing the release of information about sexual predators have reduced willingness to release information that could be appropriately released under the public disclosure laws, and have increased risks to public safety. Persons found to have committed a sex offense have a reduced expectation of privacy because of the public's interest in public safety and in the effective operation of government. Release of information about sexual predators to public agencies and under limited circumstances, the general public, will further the governmental interests of public safety and public scrutiny of the criminal and mental health systems so long as the information released is rationally related to the furtherance of those goals.
Therefore, this state's policy as expressed in RCW 4.24.550 is to require the exchange of relevant information about sexual predators among public agencies and officials and to authorize the release of necessary and relevant information about sexual predators to members of the general public." [ 1990 c 3 s 116.]
Release of information regarding
convicted sex offenders: RCW 9.94A.846.
juveniles found to have committed sex offenses: RCW 13.40.217.
persons in custody of department of social and health services: RCW 10.77.335, 71.06.135, 71.09.120.

catchline: Sex offenders and kidnapping offenders—Release of information to public—Website.


title: RCW 4.24.5501

text:
(1) When funded, the Washington association of sheriffs and police chiefs shall convene a sex offender model policy work group to develop a model policy for law enforcement agencies and other criminal justice personnel. The model policy shall provide guidelines for sex offender registration, community notification, and strategies for sex offender management.
(2) In developing the policy, the association shall consult with representatives of the following agencies and professions: (a) The department of corrections; (b) the department of social and health services; (c) the indeterminate sentence review board; (d) the Washington state council of police officers; (e) local correctional agencies; (f) the Washington association of prosecuting attorneys; (g) the Washington public defender association; (h) the Washington association for the treatment of sexual abusers; (i) the office of the superintendent of public instruction; (j) the criminal justice training commission; (k) the Washington association of criminal defense lawyers; (l) the association of Washington cities; (m) the Washington coalition of sexual assault programs; and (n) victim advocates.
The sex offender model policy work group, once convened, shall first conduct a series of community meetings around the state to assess the practices and needs of communities, identify best practices on sex offender registration, community notification, and strategies for sex offender management. Once the sex offender model policy work group has received input from stakeholders on a final draft of the model policy, the policy shall be presented to the Washington association of sheriffs and police chiefs for adoption or rejection. Following the adoption of a model policy, the sex offender model policy work group shall conduct a series of meetings around the state with local law enforcement agencies and other criminal justice personnel to review the model policy and conduct training as needed. The sex offender model policy work group shall then be dissolved, and, when funded, the Washington association of sheriffs and police chiefs shall be responsible for the continued promotion of the model policy, including annual or biennial regional workshops with local law enforcement agencies and other criminal justice personnel to encourage sex offender registration, community notification, and strategies for sex offender management policies and practices that best fit the needs, characteristics, and risks of each community.
(3) The model policy shall, at a minimum, include recommendations to address the following issues: (a) Procedures for local agencies or officials to accomplish the notifications required under RCW 4.24.550(10), including the identification of best practices for community notification, as they relate to the specific needs and characteristics to each community and the risk posed to that community; (b) contents and form of community notification documents, including procedures for ensuring the accuracy of factual information contained in the notification documents, and ways of protecting the privacy of victims of the offenders' crimes; (c) methods of distributing community notification documents, including distribution to schools; (d) methods of providing follow-up notifications to community residents at specified intervals and of disclosing information about offenders to law enforcement agencies in other jurisdictions if necessary to protect the public; (e) methods of educating community residents at public meetings on how they can use the information in the notification document in a reasonable manner to enhance their individual and collective safety; (f) procedures for educating community members regarding the right of sex offenders not to be the subject of harassment or criminal acts as a result of the notification process; (g) procedures and documents for local law enforcement agencies to provide appropriate notification when a sex offender risk level is reclassified, including strategies to monitor the reclassification of sex offender risk levels by local law enforcement agencies; (h) formulas and instructions on standard sex offender risk assessment instruments; (i) strategies for sex offender management; and (j) other matters the Washington association of sheriffs and police chiefs deems necessary as it relates to sex offender registration, community notification, and management.
[ 2006 c 137 s 1; 1997 c 364 s 6.]

catchline: Sex offenders—Model policy—Work group.


title: RCW 4.24.551

text:
(1) Law enforcement shall respond to a call regarding a resident of a secure community transition facility as a high priority call.
(2) No law enforcement officer responding reasonably and in good faith to a call regarding a resident of a secure community transition facility shall be held liable nor shall the city or county employing the officer be held liable, in any cause of action for civil damages based on the acts of the resident or the actions of the officer during the response.
[ 2002 c 68 s 3.]
Notes:
Purpose—Severability—Effective date—2002 c 68: See notes following RCW 36.70A.200.

catchline: Law enforcement response to secure community transition facility—Limitation on liability.


title: RCW 4.24.555

text:
An offender's pending appeal, petition for personal restraint, or writ of habeas corpus shall not restrict the agency's, official's, or employee's authority to release relevant information concerning an offender's prior criminal history. However, the agency must release the latest dispositions of the charges as provided in chapter 10.97 RCW, the Washington state criminal records privacy act.
[ 1990 c 3 s 118.]

catchline: Release of information not restricted by pending appeal, petition, or writ.


title: RCW 4.24.556

text:
(1) A certified sex offender treatment provider, or a certified affiliate sex offender treatment provider who has completed at least fifty percent of the required hours under the supervision of a certified sex offender treatment provider, acting in the course of his or her duties, providing treatment to a person who has been released to a less restrictive alternative under chapter 71.09 RCW or to a level III sex offender on community custody as a court, department, or board ordered condition of sentence is not negligent because he or she treats a high risk offender; sex offenders are known to have a risk of reoffense. The treatment provider is not liable for civil damages resulting from the reoffense of a client unless the treatment provider's acts or omissions constituted gross negligence or willful or wanton misconduct. This limited liability provision does not eliminate the treatment provider's duty to warn of and protect from a client's threatened violent behavior if the client communicates a serious threat of physical violence against a reasonably ascertainable victim or victims. In addition to any other requirements to report violations, the sex offender treatment provider is obligated to report an offender's expressions of intent to harm or other predatory behavior, whether or not there is an ascertainable victim, in progress reports and other established processes that enable courts and supervising entities to assess and address the progress and appropriateness of treatment. This limited liability provision applies only to the conduct of certified sex offender treatment providers, and certified affiliate sex offender treatment providers who have completed at least fifty percent of the required hours under the supervision of a certified sex offender treatment provider, and not the conduct of the state.
(2) Sex offender treatment providers who provide services to the department of corrections by identifying risk factors and notifying the department of risks for the subset of high risk offenders who are not amenable to treatment and who are under court order for treatment or supervision are practicing within the scope of their profession.
[ 2008 c 231 s 39; 2004 c 38 s 1; 2001 2nd sp.s. c 12 s 403.]
Notes:
Intent—Application—Application of repealers—Effective date—2008 c 231: See notes following RCW 9.94A.701.
Severability—2008 c 231: See note following RCW 9.94A.500.
Effective date—2004 c 38: See note following RCW 18.155.075.
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See notes following RCW 71.09.250.

catchline: Sex offender treatment providers—Affiliate sex offender treatment providers—Limited liability—Responsibilities.


title: RCW 4.24.558

text:
Information shared and actions taken without gross negligence and in good faith compliance with RCW 71.05.445, 72.09.585, 71.05.157, or 72.09.315 are not a basis for any private civil cause of action.
[ 2016 sp.s. c 29 s 401; 2004 c 166 s 21.]
Notes:
Effective dates—2016 sp.s. c 29: See note following RCW 71.05.760.
Short title—Right of action—2016 sp.s. c 29: See notes following RCW 71.05.010.
Severability—Effective dates—2004 c 166: See notes following RCW 71.05.040.

catchline: Limitations on liability for information sharing regarding persons under court orders for supervision or treatment.


title: RCW 4.24.560

text:
It is a defense in a civil action brought for damages for injury caused by indoor air pollutants in a residential structure on which construction was begun on or after July 1, 1991, that the builder or design professional complied in good faith, without negligence or misconduct, with:
(1) Building product safety standards, including labeling;
(2) Restrictions on the use of building materials known or believed to contain substances that contribute to indoor air pollution; and
(3) The ventilation and radon resistive construction requirements adopted under RCW 19.27.190.
[ 1992 c 132 s 2; 1990 c 2 s 8.]
Notes:
Effective dates—1990 c 2: See note following RCW 19.27.040.
Findings—Severability—1990 c 2: See notes following RCW 19.27A.015.

catchline: Defense to action for injury caused by indoor air pollutants.


title: RCW 4.24.570

text:
(1) Joint and several liability for damages shall apply to persons and organizations that commit an intentional tort by (a) taking, releasing, destroying, contaminating, or damaging any animal or animals kept in a research or educational facility, where the animal or animals are used or to be used for medical research or other research purposes, or for educational purposes; or (b) destroying or damaging any records, equipment, research product, or other thing pertaining to such animal or animals.
(2) Any person or organization that plans or assists in the development of a plan to commit an intentional tort covered by subsection (1) of this section is liable for damages to the same extent as a person who has committed the tort. However, a person or organization that assists in the development of a plan is not liable under this subsection, if, at the time of providing the assistance the person or organization does not know, or have reason to know, that the assistance is promoting the commission of the tort. Membership in a liable organization does not in itself establish the member's liability under this subsection. The common law defense of prior renunciation is allowed in actions brought under this subsection.
(3) In any case where damages are awarded under this section, the court shall award to the plaintiff all costs of the litigation, including reasonable attorneys' fees, investigation costs, and court costs, and shall impose on any liable party a civil fine of not to exceed one hundred thousand dollars to be paid to the plaintiff.
[ 1991 c 325 s 3.]
Notes:
Severability—1991 c 325: See note following RCW 9.08.080.
Criminal acts against animal facilities: RCW 9.08.080, 9.08.090.

catchline: Acts against animals in research or educational facilities.


title: RCW 4.24.575

text:
(1) Joint and several liability for damages shall apply to persons and organizations that commit an intentional tort by taking, releasing, destroying or damaging any animal or animals kept by a person for agricultural production purposes or by a veterinarian for veterinary purposes; or by destroying or damaging any farm or veterinary equipment or supplies pertaining to such animal or animals.
(2) Any person or organization that plans or assists in the development of a plan to commit an intentional tort covered by subsection (1) of this section is liable for damages to the same extent as a person who has committed the tort. However, a person or organization that assists in the development of a plan is not liable under this subsection, if, at the time of providing the assistance the person or organization does not know, or have reason to know, that the assistance is promoting the commission of the tort. Membership in a liable organization does not in itself establish the member's liability under this subsection. The common law defense of prior renunciation is allowed in actions brought under this subsection.
(3) In any case where damages are awarded under this section, the court shall award to the plaintiff all costs of the litigation, including reasonable attorneys' fees, investigation costs, and court costs, and shall impose on any liable party a civil fine of not to exceed one hundred thousand dollars to be paid to the plaintiff.
(4) "Agricultural production," for purposes of this section, means all activities associated with the raising of animals for agricultural purposes, including but not limited to animals raised for wool or fur. Agricultural production also includes the exhibiting or marketing of live animals raised for agricultural purposes.
[ 1991 c 325 s 4.]
Notes:
Severability—1991 c 325: See note following RCW 9.08.080.
Criminal acts against animal facilities: RCW 9.08.080, 9.08.090.

catchline: Acts against animals kept for agricultural or veterinary purposes.


title: RCW 4.24.580

text:
Any individual having reason to believe that he or she may be injured by the commission of an intentional tort under RCW 4.24.570 or 4.24.575 may apply for injunctive relief to prevent the occurrence of the tort. Any individual who owns or is employed at a research or educational facility or an agricultural production facility where animals are used for research, educational, or agricultural purposes who is harassed, or believes that he or she is about to be harassed, by an organization, person, or persons whose intent is to stop or modify the facility's use or uses of an animal or animals, may apply for injunctive relief to prevent the harassment.
For the purposes of this section:
(1) "Agricultural production" means all activities associated with the raising of animals for agricultural purposes, including but not limited to animals raised for wool or fur. Agricultural production also includes the exhibiting or marketing of live animals raised for agricultural purposes; and
(2) "Harassment" means any threat, without lawful authority, that the recipient has good reason to fear will be carried out, that is knowingly made for the purpose of stopping or modifying the use of animals, and that either (a) would cause injury to the person or property of the recipient, or result in the recipient's physical confinement or restraint, or (b) is a malicious threat to do any other act intended to substantially cause harm to the recipient's mental health or safety.
[ 1991 c 325 s 5.]
Notes:
Severability—1991 c 325: See note following RCW 9.08.080.

catchline: Acts against animal facilities—Injunction.


title: RCW 4.24.590

text:
In actions for personal injury or property damage commenced by foster children or their parents against foster parents licensed pursuant to chapter 74.15 RCW, the liability of foster parents for the care and supervision of foster children shall be the same as the liability of biological and adoptive parents for the care and supervision of their children.
[ 1991 c 283 s 3.]
Notes:
Findings—Effective date—1991 c 283: See notes following RCW 74.14B.080.

catchline: Liability of foster parents.


title: RCW 4.24.595

text:
(1) Governmental entities, and their officers, agents, employees, and volunteers, are not liable in tort for any of their acts or omissions in emergent placement investigations of child abuse or neglect under chapter 26.44 RCW including, but not limited to, any determination to leave a child with a parent, custodian, or guardian, or to return a child to a parent, custodian, or guardian, unless the act or omission constitutes gross negligence. Emergent placement investigations are those conducted prior to a shelter care hearing under RCW 13.34.065.
(2) The department of children, youth, and families and its employees shall comply with the orders of the court, including shelter care and other dependency orders, and are not liable for acts performed to comply with such court orders. In providing reports and recommendations to the court, employees of the department of children, youth, and families are entitled to the same witness immunity as would be provided to any other witness.
[ 2017 3rd sp.s. c 6 s 301; 2012 c 259 s 13.]
Notes:
Effective date—2017 3rd sp.s. c 6 ss 102, 104-115, 201-227, 301-337, 401-419, 501-513, 801-803, and 805-822: See note following RCW 43.216.025.
Conflict with federal requirements—2017 3rd sp.s. c 6: See RCW 43.216.908.

catchline: Liability immunity—Emergent placement investigations of child abuse or neglect—Shelter care and other dependency orders.


title: RCW 4.24.601

text:
The legislature finds that public health and safety is promoted when the public has knowledge that enables members of the public to make informed choices about risks to their health and safety. Therefore, the legislature declares as a matter of public policy that the public has a right to information necessary to protect members of the public from harm caused by alleged hazards to the public. The legislature also recognizes that protection of trade secrets, other confidential research, development, or commercial information concerning products or business methods promotes business activity and prevents unfair competition. Therefore, the legislature declares it a matter of public policy that the confidentiality of such information be protected and its unnecessary disclosure be prevented.
[ 1994 c 42 s 1.]
Notes:
Application—1994 c 42: "This act applies to all confidentiality provisions entered or executed with respect to product liability/hazardous substance claims on or after May 1, 1994." [ 1994 c 42 s 3.]
Effective date—1994 c 42: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect May 1, 1994." [ 1994 c 42 s 4.]

catchline: Hazards to the public—Information—Legislative findings, policy, intent.


title: RCW 4.24.611

text:
As used in RCW 4.24.601 and this section:
(1)(a) "Product liability/hazardous substance claim" means a claim for damages for personal injury, wrongful death, or property damage caused by a product or hazardous or toxic substances, that is an alleged hazard to the public and that presents an alleged risk of similar injury to other members of the public.
(b) "Confidentiality provision" means any terms in a court order or a private agreement settling, concluding, or terminating a product liability/hazardous substance claim, that limit the possession, disclosure, or dissemination of information about an alleged hazard to the public, whether those terms are integrated in the order or private agreement or written separately.
(c) "Members of the public" includes any individual, group of individuals, partnership, corporation, or association.
(2) Except as provided in subsection (4) of this section, members of the public have a right to information necessary for a lay member of the public to understand the nature, source, and extent of the risk from alleged hazards to the public.
(3) Except as provided in subsection (4) of this section, members of the public have a right to the protection of trade secrets as defined in RCW 19.108.010, other confidential research, development, or commercial information concerning products or business methods.
(4)(a) Nothing in this chapter shall limit the issuance of any protective or discovery orders during the course of litigation pursuant to court rules.
(b) Confidentiality provisions may be entered into or ordered or enforced by the court only if the court finds, based on the evidence, that the confidentiality provision is in the public interest. In determining the public interest, the court shall balance the right of the public to information regarding the alleged risk to the public from the product or substance as provided in subsection (2) of this section against the right of the public to protect the confidentiality of information as provided in subsection (3) of this section.
(5)(a) Any confidentiality provisions that are not adopted consistent with the provisions of this section are voidable by the court.
(b) Any confidentiality provisions that are determined to be void are severable from the remainder of the order or agreement notwithstanding any provision to the contrary and the remainder of the order or agreement shall remain in force.
(c) Nothing in RCW 4.24.601 and this section prevents the court from denying the request for confidentiality provisions under other law nor limits the scope of discovery pursuant to applicable court rules.
(6) In cases of third party actions challenging confidentiality provisions in orders or agreements, the court has discretion to award to the prevailing party actual damages, costs, reasonable attorneys' fees, and such other terms as the court deems just.
(7) The following acts or parts of acts are each repealed on May 1, 1994:
(a) RCW 4.24.600 and 1993 c 17 s 1;
(b) RCW 4.24.610 and 1993 c 17 s 2;
(c) RCW 4.24.620 and 1993 c 17 s 3;
(d) RCW 4.16.380 and 1993 c 17 s 5; and
(e) 1993 c 17 s 4 (uncodified).
[ 1994 c 42 s 2.]
Notes:
Application—Effective date—1994 c 42: See notes following RCW 4.24.601.

catchline: Product liability/hazardous substance claims—Public right to information—Confidentiality—Damages, costs, attorneys' fees—Repeal.


title: RCW 4.24.630

text:
(1) Every person who goes onto the land of another and who removes timber, crops, minerals, or other similar valuable property from the land, or wrongfully causes waste or injury to the land, or wrongfully injures personal property or improvements to real estate on the land, is liable to the injured party for treble the amount of the damages caused by the removal, waste, or injury. For purposes of this section, a person acts "wrongfully" if the person intentionally and unreasonably commits the act or acts while knowing, or having reason to know, that he or she lacks authorization to so act. Damages recoverable under this section include, but are not limited to, damages for the market value of the property removed or injured, and for injury to the land, including the costs of restoration. In addition, the person is liable for reimbursing the injured party for the party's reasonable costs, including but not limited to investigative costs and reasonable attorneys' fees and other litigation-related costs.
(2) This section does not apply in any case where liability for damages is provided under RCW 64.12.030, * 79.01.756, 79.01.760, 79.40.070, or where there is immunity from liability under RCW 64.12.035.
[ 1999 c 248 s 2; 1994 c 280 s 1.]
Notes:
*Reviser's note: RCW 79.01.756, 79.01.760, and 79.40.070 were recodified as RCW 79.02.320, 79.02.300, and 79.02.340, respectively, pursuant to 2003 c 334 s 554. RCW 79.02.340 was subsequently repealed by 2009 c 349 s 5.
Severability—1999 c 248: See note following RCW 64.12.035.

catchline: Liability for damage to land and property—Damages—Costs—Attorneys' fees—Exceptions.


title: RCW 4.24.640

text:
No person who owns, operates, is employed by, or volunteers at a program approved under RCW 77.32.155 shall be liable for any injury that occurs while the person who suffered the injury is participating in the course, unless the injury is the result of gross negligence.
[ 1994 sp.s. c 7 s 513.]
Notes:
Finding—Intent—Severability—1994 sp.s. c 7: See notes following RCW 43.70.540.

catchline: Firearm safety program liability.


title: RCW 4.24.660

text:
(1) A school district shall not be liable for an injury to or the death of a person due to action or inaction of persons employed by, or under contract with, a youth program if:
(a) The action or inaction takes place on school property and during the delivery of services of the youth program;
(b) The private nonprofit group provides proof of being insured, under an accident and liability policy issued by an insurance company authorized to do business in this state, that covers any injury or damage arising from delivery of its services. Coverage for a policy meeting the requirements of this section must be at least fifty thousand dollars due to bodily injury or death of one person, or at least one hundred thousand dollars due to bodily injury or death of two or more persons in any incident. The private nonprofit shall also provide a statement of compliance with the policies for the management of concussion and head injury in youth sports as set forth in RCW 28A.600.190 and a statement of compliance with the policies for sudden cardiac arrest awareness as set forth in RCW 28A.600.195; and
(c) The group provides proof of such insurance before the first use of the school facilities. The immunity granted shall last only as long as the insurance remains in effect.
(2) Immunity under this section does not apply to any school district before January 1, 2000.
(3) As used in this section, "youth programs" means any program or service, offered by a private nonprofit group, that is operated primarily to provide persons under the age of eighteen with opportunities to participate in services or programs.
(4) This section does not impair or change the ability of any person to recover damages for harm done by: (a) Any contractor or employee of a school district acting in his or her capacity as a contractor or employee; or (b) the existence of unsafe facilities or structures or programs of any school district.
[ 2015 c 26 s 2; 2009 c 475 s 1; 1999 c 316 s 3.]
Notes:
Findings—Intent—Short title—2015 c 26: See notes following RCW 28A.600.195.
Intent—Effective date—1999 c 316: See notes following RCW 28A.335.155.

catchline: Liability of school districts under contracts with youth programs.


title: RCW 4.24.670

text:
(1) Except as provided in subsection (2) of this section, a volunteer of a nonprofit organization or governmental entity shall not be personally liable for harm caused by an act or omission of the volunteer on behalf of the organization or entity if:
(a) The volunteer was acting within the scope of the volunteer's responsibilities in the nonprofit organization or governmental entity at the time of the act or omission;
(b) If appropriate or required, the volunteer was properly licensed, certified, or authorized by the appropriate authorities for the activities or practice, where the activities were or practice was undertaken within the scope of the volunteer's responsibilities in the nonprofit organization or governmental entity;
(c) The harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed by the volunteer;
(d) The harm was not caused by the volunteer operating a motor vehicle, vessel, aircraft, or other vehicle for which the state requires the operator or the owner of the vehicle, craft, or vessel to either possess an operator's license or maintain insurance; and
(e) The nonprofit organization carries public liability insurance covering the organization's liability for harm caused to others for which it is directly or vicariously liable of not less than the following amounts:
(i) For organizations with gross revenues of less than twenty-five thousand dollars, at least fifty thousand dollars due to the bodily injury or death of one person or at least one hundred thousand dollars due to the bodily injury or death of two or more persons;
(ii) For organizations with gross revenues of twenty-five thousand dollars or more but less than one hundred thousand dollars, at least one hundred thousand dollars due to the bodily injury or death of one person or at least two hundred thousand dollars due to the bodily injury or death of two or more persons;
(iii) For organizations with gross revenues of one hundred thousand dollars or more, at least five hundred thousand dollars due to bodily injury or death.
(2) Nothing in this section shall be construed to affect any civil action brought by any nonprofit organization or any governmental entity against any volunteer of the organization or entity.
(3) Nothing in this section shall be construed to affect the liability, or vicarious liability, of any nonprofit organization or governmental entity with respect to harm caused to any person, including harm caused by the negligence of a volunteer.
(4) Nothing in this section shall be construed to apply to the emergency workers registered in accordance with chapter 38.52 RCW nor to the related volunteer organizations to which they may belong.
(5) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.
(a) "Economic loss" means any pecuniary loss resulting from harm, including the loss of earnings or other benefits related to employment, medical expense loss, replacement services loss, loss due to death, burial costs, and loss of business or employment opportunities.
(b) "Harm" includes physical, nonphysical, economic, and noneconomic losses.
(c) "Noneconomic loss" means loss for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companionship, loss of consortium other than loss of domestic service, hedonic damages, injury to reputation, and all other nonpecuniary losses of any kind or nature.
(d) "Nonprofit organization" means: (i) Any organization described in section 501(c)(3) of the internal revenue code of 1986 (26 U.S.C. Sec. 501(c)(3)) and exempt from tax under section 501(a) of the internal revenue code; (ii) any not-for-profit organization that is organized and conducted for public benefit and operated primarily for charitable, civic, educational, religious, welfare, or health purposes; or (iii) any organization described in section 501(c)(14)(A) of the internal revenue code of 1986 (26 U.S.C. Sec. 501(c)(14)(A)) and exempt from tax under section 501(a) of the internal revenue code.
(e) "Volunteer" means an individual performing services for a nonprofit organization or a governmental entity who does not receive compensation, other than reasonable reimbursement or allowance for expenses actually incurred, or any other thing of value, in excess of five hundred dollars per year. "Volunteer" includes a volunteer serving as a director, officer, trustee, or direct service volunteer.
[ 2001 c 209 s 1.]

catchline: Liability of volunteers of nonprofit or governmental entities.