SENATE BILL REPORT

SB 5671

BYSenator Halsan

Adding rights and remedies available under consumer protection act to violations of chapter 19.120 RCW.

Senate Committee on Judiciary

Senate Hearing Date(s):February 25, 1987; March 5, 1987

Majority Report:  Do pass.

      Signed by Senators Talmadge, Chairman; Halsan, Vice Chairman; Bottiger, Moore.

Minority Report:  Do not pass.

      Signed by Senators McCaslin, Nelson, Newhouse.

Senate Staff:Lidia Mori (786-7461)

                  March 5, 1987

AS REPORTED BY COMMITTEE ON JUDICIARY, MARCH 5, 1987

BACKGROUND:

Concern exists that motor fuel retailers are significantly restrained from pursuing legal claims against motor fuel refiner-suppliers due to the possibility of losing the lawsuit and being required to pay the costs of the prevailing party.

There is also concern that the rights and remedies provided in the Consumer Protection Act do not currently extend to violations of the law regarding the sale of motor fuel franchises.

SUMMARY:

In a lawsuit for actual damages authorized by RCW 19.120.090, the prevailing plaintiff may, in the discretion of the court, recover the costs of the action including reasonable attorneys' fees.

The rights and remedies provided in the Consumer Protection Act apply to violators of the law regarding the sale of motor fuel franchises.

"Motor fuel retailer" is defined as a person, firm or corporation that sells motor fuel at one or more motor fuel outlets pursuant to a franchise agreement with a refiner-supplier.

Fiscal Note:      requested

Senate Committee - Testified: Timothy Hamilton, Automotive United Trades Organization; Fred Bouman; Jerry Blanton; Vernon Lindskog, Atlantic Richfield Co., Shell Oil Co., Texaco, Inc., Chevron USA, Inc., Unocal Corp., Mobil Oil Corp., Exxon Co. USA, Motor Coach Association of Washington