CERTIFICATION OF ENROLLMENT

                  SUBSTITUTE SENATE BILL 6373

                        56th Legislature

                      2000 Regular Session

Passed by the Senate February 15, 2000   YEAS 43   NAYS 3 President of the Senate Passed by the House March 3, 2000   YEAS 97   NAYS 1

CERTIFICATE I, Tony M. Cook, Secretary of the Senate of the State of Washington, do hereby certify that the attached is  SUBSTITUTE SENATE BILL 6373 as passed by the Senate and the House of Representatives on the dates hereon set forth.

Speaker of the       House of Representatives	Secretary
Speaker of the       House of Representatives

Approved Place Style On Codes above, and Style Off Codes below.

FILED

Governor of the State of Washington

Secretary of State                   State of Washington

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                    SUBSTITUTE SENATE BILL 6373

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             Passed Legislature - 2000 Regular Session

State of Washington      56th Legislature     2000 Regular Session

By Senate Committee on Commerce, Trade, Housing & Financial Institutions (originally sponsored by Senators Gardner, T. Sheldon, Prentice, Rasmussen, Winsley, Hale, Deccio and Shin)

Read first time 02/01/2000.

Clarifying promotional contests of chance.  

    AN ACT Relating to promotional contests of chance; adding a new section to chapter 9.46 RCW; and repealing RCW 9.46.0355.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 9.46 RCW to read as follows:

    (1) The legislature authorizes a business to conduct a promotional contest of chance as defined in this section, in this state, or partially in this state, whereby the elements of prize and chance are present but in which the element of consideration is not present.

    (2) Promotional contests of chance under this section are not gambling as defined in RCW 9.46.0237.

    (3) Promotional contests of chance shall be conducted as advertising and promotional undertakings solely for the purpose of advertising or promoting the services, goods, wares, and merchandise of a business.

    (4) No person eligible to receive a prize in a promotional contest of chance may be required to:

    (a) Pay any consideration to the promoter or operator of the business in order to participate in the contest; or

    (b) Purchase any service, goods, wares, merchandise, or anything of value from the business, however, for other than contests entered through a direct mail solicitation, the promoter or sponsor may give additional entries or chances upon purchase of service, goods, wares, or merchandise if the promoter or sponsor provides an alternate method of entry requiring no consideration.

    (5)(a) As used in this section, "consideration" means anything of pecuniary value required to be paid to the promoter or sponsor in order to participate in a promotional contest.  Such things as visiting a business location, placing or answering a telephone call, completing an entry form or customer survey, or furnishing a stamped, self-addressed envelope do not constitute consideration.

    (b) Coupons or entry blanks obtained by purchase of a bona fide newspaper or magazine or in a program sold in conjunction with a regularly scheduled sporting event are not consideration.

    (6) Unless authorized by the commission, equipment or devices made for use in a gambling activity are prohibited from use in a promotional contest.

    (7) This section shall not be construed to permit noncompliance with chapter 19.170 RCW, promotional advertising of prizes, and chapter 19.86 RCW, unfair business practices.

NEW SECTION. Sec. 2.  RCW 9.46.0355 (Promotional contests of chance authorized) and 1987 c 4 s 35 are each repealed.

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