S-3919.2  _______________________________________________

 

                         SENATE BILL 6407

          _______________________________________________

 

State of Washington      53rd Legislature     1994 Regular Session

 

By Senators Talmadge, Oke and Pelz

 

Read first time 01/21/94.  Referred to Committee on Health & Human Services.

 

Changing provisions relating to smoking and tobacco products.



    AN ACT Relating to health and safety; adding a new section to chapter 4.24 RCW; adding a new section to chapter 70.54 RCW; adding a new section to chapter 70.160 RCW; and providing an effective date.

 

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

 

    NEW SECTION.  Sec. 1.  A new section is added to chapter 4.24 RCW to read as follows:

    (1) A manufacturer of tobacco products shall be strictly liable for health injuries caused by inhaling, ingesting, chewing, or applying tobacco products or smoke from tobacco products.

    (2) To recover under this section it is not a requirement that the injured party show active use or participation in the use of a tobacco product.

    (3) Evidence of contributory fault is inadmissible under this section.

 

    NEW SECTION.  Sec. 2.  A new section is added to chapter 70.54 RCW to read as follows:

    (1) Except as provided in subsection (3) of this section, tobacco products may not be sold or distributed in those portions of buildings or vessels that are publicly owned or leased.

    (2) A violation of this section is grounds for the termination or nonrenewal of a contract for occupancy or rental of any area of any publicly owned or leased building or vessel.

    (3) This section does not apply to correctional institutions.  However, the secretary of corrections or a local correctional institution authority may prohibit sales and distributions of tobacco products if the prohibition applies equally to employees and inmates.

 

    NEW SECTION.  Sec. 3.  A new section is added to chapter 70.160 RCW to read as follows:

    This chapter does not preempt local regulation of indoor smoking that is as restrictive or more restrictive than this chapter.

 

    NEW SECTION.  Sec. 4.  Section 2 of this act shall take effect January 1, 1995.

 


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