SENATE BILL REPORT

                                    SB 5219

                      AS PASSED SENATE, FEBRUARY 27, 1991

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

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

SENATE COMMITTEE ON TRANSPORTATION

      Majority Report:  Do pass.

     Signed by Senators Patterson, Chairman; Nelson, Vice Chairman; von Reichbauer, Vice Chairman; Barr, Conner, Erwin, Hansen, Oke, Sellar, Skratek, Snyder, Thorsness, and Vognild. 

Staff:  Mary McLaughlin (786‑7309)

Hearing Dates:February 5, 1991

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 ICC'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:

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.

Appropriation:  none

Revenue:  none

Fiscal Note:  available

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

TESTIFIED:  Carol Monohon, UTC (for)