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            SECOND ENGROSSED SUBSTITUTE HOUSE BILL 1746

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State of Washington      55th Legislature     1998 Regular Session

By House Committee on Commerce & Labor (originally sponsored by Representatives Sherstad, Morris, Radcliff, Hatfield, D. Schmidt, Grant, Pennington, Sullivan, Koster, Mulliken, Wood, L. Thomas, Scott, Carrell, Doumit, Sheahan, Huff, Kastama, Boldt, Hickel, McMorris, Thompson, Cooke and Dunshee)

Read first time 03/05/97.

Making minor possession of tobacco a class 3 civil infraction and clarifying penalties for violation of current laws regarding youth access to tobacco.    

    AN ACT Relating to making minor possession of tobacco a class 3 civil infraction and clarifying penalties for violation of current laws regarding youth access to tobacco; amending RCW 70.155.020 and 70.155.080; and prescribing penalties.

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

    Sec. 1.  RCW 70.155.020 and 1993 c 507 s 3 are each amended to read as follows:

    A person who holds a license issued under RCW 82.24.520 or 82.24.530 shall:

    (1) Display the license or a copy in a prominent location at the outlet for which the license is issued; and

    (2) Display a sign concerning the prohibition of tobacco sales to minors.

    Such sign shall:

    (a) Be posted so that it is clearly visible to anyone purchasing tobacco products from the licensee;

    (b) Be designed and produced by the department of health to read:  "THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER AGE 18 IS STRICTLY PROHIBITED BY STATE LAW.  IF YOU ARE UNDER 18, YOU COULD BE ((PENALIZED)) FINED AND BE REQUIRED TO PARTICIPATE IN 4 HOURS OF COMMUNITY SERVICE FOR PURCHASING A TOBACCO PRODUCT; PHOTO ID REQUIRED"; and

    (c) Be provided free of charge by the liquor control board.

    Sec. 2.  RCW 70.155.080 and 1993 c 507 s 9 are each amended to read as follows:

(1) A person under the age of eighteen who purchases or attempts to purchase, possesses or attempts to possess, or obtains or attempts to obtain cigarettes or tobacco products commits a class 3 civil infraction under chapter 7.80 RCW and is subject to a fine as set out in chapter 7.80 RCW ((or)) and participation in four hours of community service.  The court may also require participation in a smoking cessation program((, or both)).  This provision does not apply if a person under the age of eighteen, with parental authorization, is participating in a controlled purchase as part of a liquor control board, law enforcement, or ((local health department)) licensee under RCW 82.24.530 activity.

(2) Municipal and district courts within the state have jurisdiction for enforcement of this section.  All fines collected under this section shall be retained by the court of jurisdiction.

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