H-1027              _______________________________________________

                                                   HOUSE BILL NO. 1513

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Representatives Jacobsen, Todd, Anderson, Heavey, K. Wilson, Dellwo, Beck, Bowman and Appelwick

Read first time 1/27/89 and referred to Committee on Energy & Utilities.

AN ACT Relating to the use of facsimile devices for commercial solicitation; and adding a new section to chapter 80.36 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 80.36 RCW to read as follows:

          (1) As used in this section:

          (a) A "facsimile device" is a device that is capable of receiving and copying on to paper reasonable reproductions or facsimiles of documents and photographs that have been transmitted electronically or telephonically over telecommunication lines.

          (b) "Commercial solicitation" means the unsolicited electronic or telephonic transmission to a facsimile device for the purpose of encouraging a person or persons to purchase property, goods, or services.

          (2) No person may make a transmission to a facsimile device for purposes of commercial solicitation.  This section applies to all commercial solicitation intended to be received by facsimile devices within the state.

          (3) A violation of this section is a violation of chapter 19.86 RCW.  It shall be presumed that damages to the recipient of commercial solicitations transmitted to a facsimile device are five hundred dollars.

          (4) Nothing in this section shall be construed to prevent the Washington utilities and transportation commission from adopting additional rules regulating transmissions to facsimile devices.