HOUSE BILL REPORT

                      SB 5219

                           As Passed Legislature

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):  Senators Patterson, Vognild and Rasmussen; by request of Utilities & Transportation Commission.

Brief History:

   Reported by House Committee on:

Transportation, March 25, 1991, DP;

Passed House, April 9, 1991, 91-0;

Passed Legislature, 91-0.

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; Day; G. Fisher; Forner; Haugen; Horn; P. Johnson; R. Johnson; Jones; Mitchell; Nelson; 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, charter) regulated by the Utilities and Transportation Commission 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 the 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 and Transportation Commission.  Periodic review and rate adjust is required of 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 replacement costs.

Testimony Against:  None.

Witnesses:  Carol Monohon, Utilities & Transportation Commission.