SB 6087

CERTIFICATION OF ENROLLMENT
  ENGROSSED SUBSTITUTE SENATE BILL 6087
  Chapter 47, Laws of 2026
  69th Legislature
  2026 Regular Session
  DONATED CHILDREN'S ITEMS—LIABILITY
  EFFECTIVE DATE: June 11, 2026
Passed by the Senate February 11,  CERTIFICATE
2026
  Yeas 49 Nays 0  I, Sarah Bannister, Secretary of
  the   Senate   of  the   State   of
  Washington, do hereby certify that
  DENNY HECK  the     attached   is     ENGROSSED
President of the Senate  SUBSTITUTE SENATE BILL 6087      as
  passed by the Senate and the House
  of Representatives on the dates
  hereon set forth.
Passed by the House March 3, 2026
  Yeas 93 Nays 0
  SARAH BANNISTER
  LAURIE JINKINS  Secretary
Speaker of the House of
Representatives
Approved March 14, 2026 11:27 AM  FILED
  March 16, 2026
  Secretary of State
  BOB FERGUSON  State of Washington
Governor of the State of Washington
  ENGROSSED SUBSTITUTE SENATE BILL 6087
  Passed Legislature - 2026 Regular Session
 State of Washington  69th Legislature       2026 Regular Session
 By Senate Law & Justice (originally sponsored by Senators Braun,
 Christian, Dozier, Liias, Riccelli, Wellman, and J. Wilson)
 READ FIRST TIME 01/30/26.
1     AN ACT Relating to donations     for   children;   and   amending   RCW
2 70.200.010 and 70.200.020.
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
4     Sec. 1.     RCW 70.200.010 and 1997 c 40 s 1 are each amended to
5 read as follows:
6      Unless the context clearly requires otherwise, the definitions in
7 this section apply throughout this chapter.
8      (1) "Distributing organization" means a charitable nonprofit
9 organization under 26 U.S.C. Sec. 501(c) of the federal internal
10 revenue code, or a public health agency acting on behalf of or in
11 conjunction with a charitable nonprofit organization or a religious
12 organization, which distributes children's items to needy persons
13 free of charge and includes any nonprofit organization that
14 distributes children's items free of charge to other nonprofit
15 organizations or the public. A public health agency shall not
16 otherwise be considered a distributing organization for purposes of
17 this    chapter   when  it   is  carrying  out  other   functions  and
18 responsibilities under Title 70 RCW.
19      (2) "Donor" means a person, corporation, association, religious
20 organization, or other organization that donates children's items to
21 a distributing organization or a person, corporation, association,
  p. 1  ESSB 6087.SL
1  religious organization, or other organization that repairs or updates
2  such donated items to current standards. Donor also includes any
3  person, corporation, association, religious organization, or other
4  organization which donates any space in which storage or distribution
5  of children's items takes place.
6      (3) "Children's items" include, but are not limited to, clothes,
7  diapers, food, baby formula, cribs, playpens, strollers, car seats,
8  car seat restraints, toys, high chairs, and books.
9     Sec. 2.   RCW 70.200.020 and 1994 c 25 s 2 are each amended to
10 read as follows:
11     (1) Donors and distributing organizations are not liable for
12 civil damages or criminal penalties resulting from the nature, age,
13 condition, or packaging of the donated children's items unless a
14 donor or distributing organization acts with gross negligence or
15 intentional misconduct.
16     (2) When accepting and distributing a car seat, a distributing
17 organization must:
18     (a) Inquire about the history of the car seat when accepting the
19 car seat;
20     (b) Include a disclosure on the car seat, stating that the
21 organization is not aware of the history of the car seat and
22 therefore cannot make any safety guarantees; and
23     (c) Confirm that the car seat is not expired and is not subject
24 to a safety recall, and not distribute or donate any car seat which
25 is expired or subject to a safety recall.
  Passed by the Senate February 11, 2026.
  Passed by the House March 3, 2026.
  Approved by the Governor March 14, 2026.
  Filed in Office of Secretary of State March 16, 2026.
  --- END ---
  p. 2  ESSB 6087.SL