H-3326

AN ACT Relating to restricting liquor advertising on television; amending RCW 66.08.060; adding new sections to chapter 66.28 RCW; creating a new section; prescribing penalties; and declaring an emergency.

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

NEW SECTION. Sec. 1. The legislature finds that adult citizens of this state have the right to use alcohol in a responsible manner. However, the illegal use of alcohol by minors, the high incidence of driving while under the influence of alcohol, the health risks associated with the abuse of alcohol, and the large number of alcohol-related crimes in Washington state are all compelling problems that are directly related to the amount and kind of alcohol advertising presented on television.

Alcohol is an illegal drug for persons under twenty-one years of age, yet it has been estimated that over fifty thousand students in grades six to twelve in Washington schools can be considered heavy drinkers and over fifty percent have tried alcohol. Almost one-half of the deaths and almost one-quarter of the disabling injuries on Washington highways result from accidents involving drivers under the influence of alcohol. As a class, young people are greatly over represented in the number of alcohol-related collisions. Alcohol-related accidents are the leading cause of death of sixteen to twenty-four year olds in the United States.

Alcohol abuse has been linked to a wide array of family and health problems, causing much pain and suffering. The treatment of these problems raises the cost of health care for all citizens of the state. Approximately one hundred forty-five babies are born in Washington each year with fetal alcohol syndrome. Fetal alcohol syndrome is the third leading cause of mental retardation in the United States.

More than one-third of the arrests in the United States each year are related to alcohol abuse. Taxpayers in the United States pay one hundred fifty million dollars a year for the arrest, trial, and jail time of these people.

The legislature further finds that advertising has a tremendous effect on the attitudes, beliefs, social behavior, and consumer behavior of citizens of all ages, especially young persons. It is estimated that over seventy percent of high school seniors watch some television every day. The average primary and secondary level student spends more time watching television than doing homework. Many advertisers have taken advantage of this eager market by explicitly or implicitly purveying the message that alcohol contributes to a person's attractiveness, athletic ability, professional ability, or social status. Advertisers have also attempted to make alcohol appealing to young people by linking alcohol to various animated characters and mascots. Moreover, some alcohol advertisements convey a sexist message by objectifying women.

Recognizing the severity of the problems associated with alcohol use and abuse, recognizing the broad power of the state, under the twenty-first amendment to the Constitution of the United States, to regulate the sale of liquor and recognizing that the state is limited by the Constitution of the United States as to the means by which it may restrict television advertising, the state seeks to act to the fullest extent of its power in this area. Therefore, for the express purpose of: (1) Discouraging the illegal use of alcohol by minors; (2) reducing the abuse of alcohol in Washington, and thereby reducing the health and societal problems associated with alcohol abuse; and (3) eliminating the pervasive advertising that powerfully links alcohol consumption with "the good life" in the minds of many young people, the state hereby requires that any person or entity advertising the sale of liquor on television in this state may do so only between the hours of eight p.m. and six a.m.

Sec. 2. RCW 66.08.060 and 1933 ex.s. c 62 s 43 are each amended to read as follows:

The board shall not advertise liquor in any form or through any medium whatsoever. The board shall have power to adopt any and all reasonable regulations as to the kind, character and location of advertising of liquor, subject to any restrictions imposed upon liquor advertising under this title.

NEW SECTION. Sec. 3. A new section is added to chapter 66.28 RCW to read as follows:

It is a gross misdemeanor to knowingly advertise liquor or the sale of liquor on any television broadcast originating inside the state of Washington between the hours of six a.m. and eight p.m. For the purposes of sections 3 through 5 of this act, the retransmission by a television broadcast station inside the state of Washington of a television signal from outside the state is deemed to be a broadcast originating inside the state of Washington.

NEW SECTION. Sec. 4. A new section is added to chapter 66.28 RCW to read as follows:

Any person, governmental entity, or political subdivision of the state may initiate a civil action in the superior court of the county in which the advertisement originated or where the alleged violator resides or has its place of business to enforce section 3 of this act. If the court finds that one or more violations have occurred, the court shall award the party bringing the action its costs, including reasonable attorneys' fees. The court may also enjoin future violations and impose a civil penalty of up to ten thousand dollars per violation. Each illegal airing of an advertisement for liquor on television constitutes a separate violation of section 3 of this act.

NEW SECTION. Sec. 5. A new section is added to chapter 66.28 RCW to read as follows:

Sections 3 and 4 of this act shall be construed in a manner consistent with federal law and shall not apply to cable television companies operating within or without Washington state.

NEW SECTION. Sec. 6. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 7. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.