FINAL BILL REPORT

SHB 601

                                  C 353 L 87

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

SYNOPSIS AS ENACTED

BACKGROUND:

Washington state law authorizes many kinds of civil lawsuits and provides many immunities from lawsuits, as well.  Included as civil causes of action are stealing goods from a store and 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 equal to the retail value of the goods or meal, not to exceed $1,000; and (3) a penalty of $100 to $200.

A parent or a legal guardian of a minor who steals 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 of the goods or meal, 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 that has been assigned responsibility for the minor child pursuant to a court order or administrative action.

A conviction on a related criminal law dealing with theft and robbery is not a pre-requisite for taking 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.

Foster parents who have been assigned responsibility for a minor child pursuant to a court order or as prescribed by the Department of Social and Health Services are immune from vicarious liability under this law.

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.

An owner or seller of goods or services initiates this civil process by issuing a demand for payment of the penalty.  This demand must include a notice which advises the person possibly subject to the penalty that even after payment of a civil penalty, the person may still face criminal prosecution under a related criminal law.

VOTES ON FINAL PASSAGE:

      House 96   0

      Senate    49     0(Senate amended)

      House 93   0(House concurred)

EFFECTIVE:July 26, 1987