HOUSE BILL REPORT

HB 601

BYRepresentatives Day, Dellwo, D. Sommers, Silver, Padden, Taylor and Nealey

Prohibiting failure to pay for use of public accommodations.

House Committe on Judiciary

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (17)

     Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Brough, Hargrove, Heavey, P. King, Lewis, Locke, Moyer, Niemi, Padden, Patrick, Schmidt, Scott, Wang and Wineberry.

House Staff:Charlie Gavigan (786-7392)

AS REPORTED BY COMMITTEE ON JUDICIARY MARCH 6, 1987

BACKGROUND:

Washington state law provides specific causes of action and immunities under civil procedure.  Included as civil causes of action are conversion of goods from a store and leaving a restaurant without paying.

An adult or emancipated child who steals goods from a store, or who leaves a restaurant without paying for the meal, is subject to the following civil penalties:  (1) actual damages (i.e., cost); (2) a penalty of the retail value not to exceed $1,000; and (3) a penalty of $100 to $200.

A parent or a legal guardian of a minor who converts goods from a store, or who leaves a restaurant without paying for the meal, is subject to the following civil penalties:  (1) a penalty of the retail value not to exceed $500; and (2) a penalty of $100 to $200.  This vicarious liability does not apply to a governmental entity or private agency which has been assigned responsibility for the minor child pursuant to a court order or as prescribed by the department of social and health services.

A conviction on a related criminal statute dealing with theft and robbery is not a requirement to take action under these civil remedies.

SUMMARY:

SUBSTITUTE BILL:  Reasonable attorney's fees and court costs are available to a merchant who recovers damages from a customer who takes goods or certain services without paying.

Hotels, motels, and boarding or lodging houses are added to the list of those who can take civil action to recover damages authorized in the law.

Conviction on a criminal statute dealing with fraud on an innkeeper is not necessary for a civil action dealing with a similar wrong.

An owner or seller initiates the process by issuing a demand for payment of a penalty.  This demand must include a notice which advises the persons possibly subject to the penalty that payment of a civil penalty does not prohibit criminal prosecution under a related criminal law.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  A notice must be included with the demand for payment of a penalty that states payment of a civil penalty does not preclude prosecution under a related criminal law.  Attorney fees must be reasonable.

Fiscal Note:    Not Requested.

House Committee ‑ Testified For:     Bob Seeber, Washington State Lodging Association.

House Committee - Testified Against: None Presented.

House Committee - Testimony For:     Hotels, motels, and boarding/lodging houses should be given the same opportunity as store and restaurant owners to take action when patrons leave without paying for the services provided.  This would especially help small motel/hotel operators.

House Committee - Testimony Against: None Presented.