H-1168.1  _______________________________________________

                          HOUSE BILL 1717

          _______________________________________________

State of Washington      56th Legislature     1999 Regular Session

By Representatives G. Chandler, Romero, B. Chandler, Parlette, Murray, Mulliken, O'Brien and Wood

Read first time 02/03/1999.  Referred to Committee on Commerce & Labor.

Destroying cigarettes and other tobacco products that are forfeited.

    AN ACT Relating to the forfeiture of cigarettes or other tobacco products; and amending RCW 82.24.145.

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

    Sec. 1.  RCW 82.24.145 and 1987 c 496 s 4 are each amended to read as follows:

(1) Except as required in subsection (2) of this section, when property is forfeited under this chapter the department may:

    (((1))) (a) Retain the property or any part thereof for official use or upon application by any law enforcement agency of this state, another state, or the District of Columbia, or of the United States for the exclusive use of enforcing the provisions of this chapter or the laws of any other state or the District of Columbia or of the United States.

    (((2))) (b) Sell the property at public auction to the highest bidder after due advertisement, but the department before delivering any of the goods so seized shall require the person to whom the property is sold to affix the proper amount of stamps.  The proceeds of the sale and all moneys forfeited under this chapter shall be first applied to the payment of all proper expenses of any investigation leading to the seizure and of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising, and court costs.  The balance of the proceeds and all moneys shall be deposited in the general fund of the state.  Proper expenses of investigation includes costs incurred by any law enforcement agency or any federal, state, or local agency.

(2) When cigarettes or other tobacco products are forfeited under this chapter, these products must be promptly destroyed in a manner established by the department.

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