CERTIFICATION OF ENROLLMENT
ENGROSSED HOUSE BILL 1422
64th Legislature
2015 Regular Session
ENGROSSED HOUSE BILL 1422
AS AMENDED BY THE SENATE
Passed Legislature - 2015 Regular Session
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State of Washington | 64th Legislature | 2015 Regular Session |
By Representatives Scott, Griffey, and Condotta
Read first time 01/20/15. Referred to Committee on Business & Financial Services.
AN ACT Relating to misrepresentation of the geographic location of floral product businesses; amending RCW
19.160.010 and 19.160.030; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 19.160.010 and 1999 c 156 s 1 are each amended to read as follows:
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Local telephone directory" means a publication listing telephone numbers for various businesses in a certain geographic area and distributed free of charge to some or all telephone subscribers in that area.
(2) "Local telephone number" means a ((telephone number that can be dialed without incurring long distance charges from telephones located within the area covered by the local telephone directory in which the number is listed. The term does not include long distance numbers, toll-free numbers, or 900 exchange numbers listed in a local telephone directory)) specific telephone number, area code and prefix, assigned for the purpose of completing local calls between a calling party or station and any other party or station within a designated exchange or all of its designated local calling areas. The term "local telephone number" does not include long distance telephone numbers or any toll-free telephone numbers listed in a local telephone directory.
(3) "Person" means an individual, partnership, limited liability partnership, corporation, or limited liability corporation.
Sec. 2. RCW 19.160.030 and 1999 c 156 s 2 are each amended to read as follows:
((No person engaged in the selling, delivery, or solicitation of cut flowers, flower arrangements, or floral products may misrepresent his, her, or its geographic location by:
(1) Listing a local telephone number in a local telephone directory if:
(a) Calls to the telephone number are routinely forwarded or otherwise transferred to a business location that is outside the calling area covered by the local telephone directory; and
(b) The listing fails to conspicuously disclose the locality and state in which the business is located; or
(2) Listing a business name in a local telephone directory if:
(a) The name misrepresents the business's geographic location; and
(b) The listing fails to disclose the locality and state in which the business is located.)) (1) For purposes of this section, "floral or ornamental products or services" means floral arrangements, cut flowers, floral bouquets, potted plants, balloons, floral designs, and related products and services.
(2) It is a violation for a provider or vendor of floral or ornamental products or services to misrepresent the geographic location of its business by doing either of the following:
(a) Listing a local telephone number in any advertisement or listing, unless the advertisement or listing identifies the true physical address, including the city, of the provider's or vendor's business; or
(b) Listing a fictitious business name or an assumed business name in any advertisement or listing if both of the following criteria are met:
(i) The name of the business misrepresents the provider's or vendor's geographic location; and
(ii) The advertisement or listing does not identify the true physical address, including the city and state, of the provider's or vendor's business.
(3) A violation of this section is punishable, exclusively, by a fine not to exceed two hundred fifty dollars.
(4) This section does not create or impose any duty or obligation on a person other than a vendor or provider of floral or ornamental products or services.
(5) This section does not apply to any of the following:
(a) A publisher of a telephone directory or other publication or a provider of a directory assistance service publishing or providing information about another business.
(b) An internet web site that aggregates and provides information about other businesses.
(c) An owner or publisher of a print advertising medium providing information about other businesses.
(d) An internet service provider.
(e) An internet service that displays or distributes advertisements for other businesses.
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