BILL REQ. #: S-1490.1
| State of Washington | 61st Legislature | 2009 Regular Session |
READ FIRST TIME 02/10/09.
AN ACT Relating to internet and mail order sales of certain tobacco products; adding a new chapter to Title 70 RCW; repealing RCW 70.155.105; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The definitions in this section apply
throughout this chapter unless the context clearly requires otherwise.
(1) "Cigarette" has the same meaning as in RCW 82.24.010.
(2) "Wholesaler" has the same meaning as in RCW 82.24.010.
(3) "Retailer" has the same meaning as in RCW 82.24.010.
(4) "Tobacco products" has the same meaning as in RCW 82.26.010,
except it does not include cigars.
(5) "Cigar" has the same meaning as in RCW 82.26.010.
NEW SECTION. Sec. 2 (1) A person may not cause cigarettes or
tobacco products ordered or purchased by mail or through a computer
network, telephonic network, or other electronic network, to be shipped
to anyone other than a wholesaler or retailer in this state.
(2) A person may not, with knowledge or reason to know of the
violation, provide substantial assistance to a person in violation of
this section.
NEW SECTION. Sec. 3 (1) A knowing violation of this chapter
shall be punishable by imprisonment for no more than five years, or a
fine of no more than five thousand dollars, or both.
(2) In addition to or in lieu of any other civil or criminal remedy
provided by law, upon a determination that a person has violated this
chapter, the attorney general may impose a civil penalty in an amount
not to exceed five thousand dollars for each violation. For purposes
of this subsection, each shipment or transport of cigarettes or tobacco
products shall constitute a separate violation.
(3) The attorney general may seek an injunction in superior court
to restrain a threatened or actual violation of this chapter and to
compel compliance with this chapter.
(4) In any action brought under this section, the state shall be
entitled to recover the costs of investigation, expert witness fees,
costs of the action, and reasonable attorneys' fees.
(5) Any violation of this chapter is not reasonable in relation to
the development and preservation of business and is an unfair and
deceptive act or practice and an unfair method of competition in the
conduct of a trade or commerce in violation of RCW 19.86.020. Standing
to bring an action to enforce RCW 19.86.020 for violation of this
chapter shall lie solely with the attorney general. Remedies provided
by chapter 19.86 RCW are cumulative and not exclusive.
(6) If a court determines that a person has violated the provisions
of this chapter, the court shall order any profits, gain, gross
receipts, or other benefit from the violation to be disgorged and paid
to the state treasurer for deposit in the general fund.
(7) Unless otherwise expressly provided, the penalties or remedies,
or both, under this section are in addition to any other penalties and
remedies available under any other law of this state.
NEW SECTION. Sec. 4 RCW 70.155.105 (Delivery sale of
cigarettes -- Requirements, unlawful practices -- Penalties -- Enforcement)
and 2003 c 113 s 2 are each repealed.
NEW SECTION. Sec. 5 Sections 1 through 3 of this act constitute
a new chapter in Title