SENATE BILL REPORT

SHB 601

BYHouse Committee on Judiciary (originally sponsored by Representatives Day, Dellwo, D. Sommers, Silver, Padden, Taylor and Nealey)

Prohibiting failure to pay for use of public accommodations.

House Committe on Judiciary

Senate Committee on Judiciary

Senate Hearing Date(s):March 27, 1987; March 30, 1987

Majority Report:     Do pass as amended.

     Signed by Senators Talmadge, Chairman; Halsan, Vice Chairman; McCaslin, Nelson, Newhouse.

Senate Staff:Cliff Petersen (786-7457)

                March 30, 1987

AS REPORTED BY COMMITTEE ON JUDICIARY, MARCH 30, 1987

BACKGROUND:

Washington State law provides for a specific civil cause of action for the conversion of goods from a store and for leaving a restaurant without paying.

An adult or emancipated child who steals goods from a store, or who leaves a restaurant without paying for the meal, is subject to the following civil penalties:  (1) actual damages (i.e., cost); (2) a penalty in the amount of the retail value not to exceed $1,000; and (3) an additional penalty of $100 to $200.

A parent or a legal guardian of a minor who converts goods from a store, or who leaves a restaurant without paying for the meal, is subject to the following civil penalties:  (1) a penalty of the retail value not to exceed $500; and (2) a penalty of $100 to $200.  This vicarious liability does not apply to a governmental entity or private agency which has been assigned responsibility for the minor child pursuant to a court order or as prescribed by the Department of Social and Health Services.

A conviction on a related criminal statute dealing with theft and robbery is not a requirement to take action under these civil remedies.

SUMMARY:

Reasonable attorney's fees and court costs are available to a merchant who recovers damages from a customer who takes goods or certain services without paying.

Hotels, motels, and boarding or lodging houses are added to the list of those who can take civil action to recover damages authorized in the law.

Conviction on a criminal statute dealing with fraud on an innkeeper is not necessary for a civil action dealing with a similar wrong.

An owner or seller initiates the process by issuing a demand for payment of a penalty.  This demand must include a notice which advises the persons possibly subject to the penalty that payment of a civil penalty does not prohibit criminal prosecution under a related criminal law.

SUMMARY OF PROPOSED SENATE AMENDMENT:

A foster parent assigned responsibility for a minor is not vicariously liable for the conversion of goods or services by that minor.

Fiscal Note:    none requested

Senate Committee - Testified:   Representative Bill Day; Bob Seeber, Washington State Lodging Association; Erika Slama, Washington State Innkeeping Association