| Passed by the Senate April 19, 2009 YEAS 37 BRAD OWEN ________________________________________ President of the Senate Passed by the House April 13, 2009 YEAS 90 FRANK CHOPP ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5340 as passed by the Senate and the House of Representatives on the dates hereon set forth. THOMAS HOEMANN ________________________________________ Secretary | |
| Approved April 29, 2009, 10:36 a.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington | April 29, 2009 Secretary of State State of Washington |
| 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; amending RCW 70.155.010; adding a new section to chapter 70.155 RCW; repealing RCW 70.155.105; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 70.155.010 and 2006 c 14 s 2 are each amended to read
as follows:
The definitions set forth in RCW 82.24.010 shall apply to ((RCW
70.155.020 through 70.155.130)) this chapter. In addition, for the
purposes of this chapter, unless otherwise required by the context:
(1) "Board" means the Washington state liquor control board.
(2) (("Delivery sale" means any sale of cigarettes to a consumer in
the state where either: (a) The purchaser submits an order for a sale
by means of a telephonic or other method of voice transmission, mail
delivery, any other delivery service, or the internet or other online
service; or (b) the cigarettes are delivered by use of mail delivery or
any other delivery service. A sale of cigarettes shall be a delivery
sale regardless of whether the seller is located within or without the
state. A sale of cigarettes not for personal consumption to a person
who is a wholesaler licensed pursuant to chapter 82.24 RCW or a
retailer pursuant to chapter 82.24 RCW is not a delivery sale.)) "Internet" means any computer network, telephonic network, or
other electronic network.
(3) "Delivery service" means any private carrier engaged in the
commercial delivery of letters, packages, or other containers that
requires the recipient of that letter, package, or container to sign to
accept delivery.
(4)
(3) "Minor" refers to an individual who is less than eighteen years
old.
(((5))) (4) "Sample" means a tobacco product distributed to members
of the general public at no cost or at nominal cost for product
promotion purposes.
(((6))) (5) "Sampling" means the distribution of samples to members
of the public.
(((7) "Shipping container" means a container in which cigarettes
are shipped in connection with a delivery sale.)) (6) "Tobacco product" means a product that contains tobacco
and is intended for human use, including any product defined in RCW
82.24.010(2) or 82.26.010(1), except that for the purposes of section
2 of this act only, "tobacco product" does not include cigars defined
in RCW 82.26.010 as to which one thousand units weigh more than three
pounds.
(8) "Shipping documents" means bills of lading, airbills, or any
other documents used to evidence the undertaking by a delivery service
to deliver letters, packages, or other containers.
(9)
NEW SECTION. Sec. 2 A new section is added to chapter 70.155 RCW
to read as follows:
(1) A person may not:
(a) Ship or transport, or cause to be shipped or transported, any
tobacco product ordered or purchased by mail or through the internet to
anyone in this state other than a licensed wholesaler or retailer; or
(b) With knowledge or reason to know of the violation, provide
substantial assistance to a person who is in violation of this section.
(2)(a) A person who knowingly violates subsection (1) of this
section is guilty of a class C felony, except that the maximum fine
that may be imposed is five thousand dollars.
(b) In addition to or in lieu of any other civil or criminal remedy
provided by law, a person who has violated subsection (1) of this
section is subject to a civil penalty of up to five thousand dollars
for each violation. The attorney general, acting in the name of the
state, may seek recovery of the penalty in a civil action in superior
court. For purposes of this subsection, each shipment or transport of
tobacco products constitutes a separate violation.
(3) The attorney general may seek an injunction in superior court
to restrain a threatened or actual violation of subsection (1) of this
section and to compel compliance with subsection (1) of this section.
(4) Any violation of subsection (1) of this section 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 trade or commerce in violation of RCW
19.86.020. Standing to bring an action to enforce RCW 19.86.020 for
violation of subsection (1) of this section lies solely with the
attorney general. Remedies provided by chapter 19.86 RCW are
cumulative and not exclusive.
(5)(a) In any action brought under this section, the state is
entitled to recover, in addition to other relief, the costs of
investigation, expert witness fees, costs of the action, and reasonable
attorneys' fees.
(b) If a court determines that a person has violated subsection (1)
of this section, 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.
(6) 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. 3 RCW 70.155.105 (Delivery sale of
cigarettes -- Requirements, unlawful practices -- Penalties -- Enforcement)
and 2003 c 113 s 2 are each repealed.