2813-SAMHOBRIH5171.1SHB 2813H AMD801By Representative O'Brien Strike everything after the enacting clause and insert thefollowing:Sec. RCW 4.24.220 and 1967 c 76 s 3 are each amended to readas follows: In any civil action brought by reason of any person having beendetained on or in the immediate vicinity of the premises of amercantile establishment for the purpose of investigation orquestioning as to the ownership of any merchandise or shopping cart, itshall be a defense of such action that the person was detained in areasonable manner and for not more than a reasonable time to permitsuch investigation or questioning by a peace officer or by the owner ofthe mercantile establishment, his authorized employee or agent, andthat such peace officer, owner, employee or agent had reasonablegrounds to believe that the person so detained was committing orattempting to commit larceny or shoplifting on such premises of suchmerchandise or a violation of RCW 9A.56.270. As used in this section,"reasonable grounds" shall include, but not be limited to, knowledgethat a person has concealed possession of unpurchased merchandise of amercantile establishment, and a "reasonable time" shall mean the timenecessary to permit the person detained to make a statement or torefuse to make a statement, and the time necessary to examine employeesand records of the mercantile establishment relative to the ownershipof the merchandise.Sec. RCW 4.24.230 and 1994 c 9 s 1 are each amended to read asfollows: (1) An adult or emancipated minor who takes possession of anygoods, wares, or merchandise displayed or offered for sale by anywholesale or retail store or other mercantile establishment without theconsent of the owner or seller, and with the intention of converting Official Print - 1 such goods, wares, or merchandise to his own use without having paidthe purchase price thereof shall be liable in addition to actualdamages, for a penalty to the owner or seller in the amount of theretail value thereof not to exceed one thousand dollars, plus anadditional penalty of not less than one hundred dollars nor more thantwo hundred dollars, plus all reasonable attorney's fees and courtcosts expended by the owner or seller. A customer who orders a meal ina restaurant or other eating establishment, receives at least a portionthereof, and then leaves without paying, is subject to liability underthis section. A person who shall receive any food, money, credit,lodging, or accommodation at any hotel, motel, boarding house, orlodging house, and then leaves without paying the proprietor, manager,or authorized employee thereof, is subject to liability under thissection. A person who intentionally removes a shopping cart from theparking area of a retail establishment without the permission of theowner of the cart, is subject to liability under this section. (2) The parent or legal guardian having the custody of anunemancipated minor who takes possession of any goods, wares, ormerchandise displayed or offered for sale by any wholesale or retailstore or other mercantile establishment without the consent of theowner or seller and with the intention of converting such goods, wares,or merchandise to his own use without having paid the purchase pricethereof, shall be liable as a penalty to the owner or seller for theretail value of such goods, wares, or merchandise not to exceed fivehundred dollars plus an additional penalty of not less than one hundreddollars nor more than two hundred dollars, plus all reasonableattorney's fees and court costs expended by the owner or seller. Theparent or legal guardian having the custody of an unemancipated minor,who orders a meal in a restaurant or other eating establishment,receives at least a portion thereof, and then leaves without paying, issubject to liability under this section. The parent or legal guardianhaving the custody of an unemancipated minor, who receives any food,money, credit, lodging, or accommodation at any hotel, motel, boardinghouse, or lodging house, and then leaves without paying the proprietor,manager, or authorized employee thereof, is subject to liability underthis section. For the purposes of this subsection, liability shall notbe imposed upon any governmental entity, private agency, or foster Official Print - 2 parent assigned responsibility for the minor child pursuant to courtorder or action of the department of social and health services. (3) Judgments and claims arising under this section may beassigned. (4) A conviction for violation of chapter 9A.56 RCW shall not be acondition precedent to maintenance of a civil action authorized by thissection. (5) An owner or seller demanding payment of a penalty undersubsection (1) or (2) of this section shall give written notice to theperson or persons from whom the penalty is sought. The notice shallstate: "IMPORTANT NOTICE: The payment of any penalty demanded of you doesnot prevent criminal prosecution under a related criminal provision." This notice shall be boldly and conspicuously displayed, in atleast the same size type as is used in the demand, and shall be sentwith the demand for payment of a penalty described in subsection (1) or(2) of this section.Sec. RCW 9A.56.270 and 1985 c 382 s 2 are each amended to readas follows: (1) It is unlawful to do any of the following acts, if a shoppingcart has a permanently affixed sign as provided in subsection (2) ofthis section: (a) To intentionally remove a shopping cart from the parking areaof a retail establishment ((with the intent to deprive the owner of theshopping cart the use of the cart)) without the permission of the ownerof the shopping cart; or (b) To be in possession of any shopping cart that has been removedfrom the parking area of a retail establishment when such possession iswith the intent to deprive the owner of the shopping cart the use ofthe cart. (2) This section shall apply only when a shopping cart: (a) Has asign permanently affixed to it that identifies the owner of the cart orthe retailer, or both; (b) notifies the public of the procedure to beutilized for authorized removal of the cart from the premises; (c)notifies the public that the unauthorized removal of the cart from thepremises or parking area of the retail establishment, or the Official Print - 3 unauthorized possession of the cart, is unlawful; and (d) lists atelephone number or address for returning carts removed from thepremises or parking area to the owner or retailer. (3) Any person who violates any provision of this section is guiltyof a misdemeanor.NEW SECTION.Sec. A new section is added to chapter 9A.56 RCWto read as follows: (1) Any statute, ordinance, or rule enacted by a politicalsubdivision of the state dealing with shopping carts that have beenremoved from the parking area of a retail establishment must meet thefollowing criteria: (a) Impoundment of a shopping cart may be allowed only if the cartis located off the premises of the retail establishment, and: (i) The retail establishment has been given notice of the cart'slocation and has not retrieved the cart within three business days ofthe notice; (ii) The cart is in a location that is likely to impede emergencyservices. If a cart in a location that is likely to impede emergencyservices is impounded, the retail establishment must be given noticethat the cart has been impounded; or (iii) The cart does not meet the requirements of RCW 9A.56.270(2). (b) A retail establishment whose cart has been impounded may becharged a fee for impoundment costs not to exceed fifty dollars percart. If the cart was impounded under (a)(ii) of this subsection, thefee may not be charged if the retail establishment retrieves the cartwithin three business days of receiving notice that the cart has beenimpounded. (c) A retail establishment whose cart has been impounded may becharged a storage fee not to exceed twentyfive dollars for each sevenday period that the cart remains unretrieved after receipt of theimpound notice, up to a maximum of one hundred dollars. (d) An impounded cart may not be disposed of within at least thirtydays of impoundment. A retail establishment whose cart has beendisposed of may be charged a fee for disposal costs not to exceed fiftydollars per cart. (e) Any notice provided to a retail establishment under thissection must be documented. Official Print - 4 (f) The notice requirements of this section may be satisfiedutilizing a statewide telephone number designated for that purpose. (2) The requirements of this section supersede and preempt anyinconsistent ordinance or rule enacted by a political subdivision ofthe state before, on, or after the effective date of this act. Apolitical subdivision of the state may not impose additional fees orrequirements with respect to shopping carts except as allowed underthis section. Correct the title.--- END --- Official Print - 5