HOUSE BILL REPORT

                  HB 1272

                       As Passed House

                      February 20, 1991

Title:  An act relating to the limits on liability for loss or damage to baggage by common carriers.

Brief Description:  Changing the limits on liability of common carriers for damage or loss of baggage.

Sponsor(s):  Representatives R. Fisher, Betrozoff, Forner, Paris, Van Luven and Wineberry; by request of Utilities & Transportation Commission.

Brief History:

  Reported by House Committee on:

Transportation, February 4, 1991, DP;

Passed House February 20, 1991, 98-0.

HOUSE COMMITTEE ON

TRANSPORTATION

Majority Report:  Do pass.  Signed by 24 members:  Representatives R. Fisher, Chair; R. Meyers, Vice Chair; Betrozoff, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Brough; Cantwell; Cooper;           G. Fisher; Forner; Haugen; Heavey; Horn; P. Johnson;         R. Johnson; Jones; Kremen; Mitchell; Orr; Prentice; Prince; Schmidt; Wilson; Wood; and Zellinsky. 

Staff:  Mary McLaughlin (786-7309).

Background:  The maximum amount a passenger or shipper may recover for loss or damage to baggage transported by a for-hire bus (auto stage, airporter, excursion, or charter) regulated by the Utilities & Transportation Commission (UTC) is:  (1) $200 for each trunk and its contents; (2) $50 for each suitcase, valise or traveling bag and its contents; and (3) $25 for each box, bundle or package.  These free baggage allowance limitations were established in 1961.

When a passenger checks his/her baggage with the carrier, the passenger can declare that the baggage has a value in excess of the statutory limitation and pay an additional charge.  The rate varies from 50 cents to 75 cents per $100 valuation, depending upon the amount contained in the individual carrier's published tariff.

On the federal level, the Interstate Commerce Commission's free baggage allowance limitation is $250 per adult fare, unless a higher valuation is declared at the time of delivery to carrier and an additional fee is paid.  The carrier may publish a maximum additional value for which they will be liable, but the maximum value may not be less than $1,000.

Summary of Bill:  The free baggage allowance limitation is changed from a statutorily fixed amount to an amount set by the Utilities & Transportation Commission.  Periodic review and rate adjustment are required by the Commission.

Fiscal Note:  Available.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  Changing the free baggage allowance limitation from a statutorily fixed fee to an amount determined by the Commission will better reflect current replacement costs.

Testimony Against:  None.

Witnesses:  Carol Monohon, Utilities & Transportation Commission.