H-3748.1  _______________________________________________

 

                          HOUSE BILL 2432

          _______________________________________________

 

State of Washington      56th Legislature     2000 Regular Session

 

By Representatives Clements, B. Chandler, Huff and Esser

 

Read first time 01/13/2000.  Referred to Committee on Commerce & Labor.

Creating a tobacco enforcement reward program.


    AN ACT Relating to a tobacco enforcement reward program; amending RCW 82.24.145; and adding a new section to chapter 82.24 RCW.

 

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

 

    NEW SECTION.  Sec. 1.  A new section is added to chapter 82.24 RCW to read as follows:

    (1) The board may provide a reward up to the maximum amount determined under subsection (2) of this section to any person who provides information leading to the seizure and forfeiture of any property subject to seizure and forfeiture under RCW 82.24.130(1).

    (2) The maximum amount of any reward provided by the board under this section shall be calculated as follows:  Five cents per package of cigarettes forfeited and sold by the seizing agency as a result of information provided by the individual.

    (3) The board shall adopt rules to implement the reward program.

 

    Sec. 2.  RCW 82.24.145 and 1999 c 193 s 4 are each amended to read as follows:

    When property is forfeited under this chapter the department or board may:

    (1) 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) 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, any reward provided under section 1 of this act, 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.

    (3) Notwithstanding the provisions of subsections (1) and (2) of this section, cigarettes seized for a violation of RCW 82.24.035 shall be destroyed.

 


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