SENATE BILL REPORT

                            SB 6373

              AS PASSED SENATE, FEBRUARY 14, 1994

Brief Description:  Imposing liability for smoking in nonsmoking accommodations or lodgings.

SPONSORS: Senators A. Smith, Nelson, Oke and Haugen

SENATE COMMITTEE ON LAW & JUSTICE

Majority Report:  Do pass. 

     Signed by Senators A. Smith, Chairman; Ludwig, Vice Chairman; Hargrove, Nelson, Quigley, Roach, Schow and Spanel.

Staff:  Lidia Mori (786‑7755)

Hearing Dates: February 2, 1994; February 3, 1994

BACKGROUND:

Parents are liable for up to $5000 when their minor child willfully or maliciously destroys property belonging to another or willfully and maliciously inflicts personal injury on another person.

If a minor receives food, credit, or lodging at a hotel, motel, or boarding house and then leaves without paying, the parent or legal guardian of the minor is liable for the retail value of the goods or services not to exceed $500.  The parent or legal guardian is also liable for an additional penalty of not less than $100 and not more than $200, plus attorney's fees and costs expended by the owner or seller.

SUMMARY:

An adult or emancipated minor who requests and is assigned to a nonsmoking room in a hotel, motel, boarding house or lodging house that causes or allows smoking to occur in the room is liable for reasonable costs to return the room to nonsmoking status.  The parent or legal guardian of a minor who requests and is assigned to a nonsmoking accommodation in a hotel, motel, boarding house, or lodging house who causes or allows smoking to occur in the room is liable for the costs necessary to return the room to nonsmoking status.

Appropriation:  none

Revenue:  none

Fiscal Note:  none requested

TESTIMONY FOR:

Hotels do not look for minors to be clientele.  The cost to the hotel outweighs the benefit.  It can be costly to restore a room to where it can be marketed as a nonsmoking room.  It is necessary to clean the fabrics in the room, paint the walls and clean the carpet.

TESTIMONY AGAINST:  None

TESTIFIED:  Rebecca Bogard, John Crook, WA State Hotel Motel Association (pro)