AN ACT Relating to the promotion of wood products; adding new sections to chapter 70.95 RCW; adding a new section to chapter 39.24 RCW; adding a new section to chapter 43.10 RCW; creating a new section; and providing an effective date.

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

NEW SECTION. Sec. 1. The legislature finds that the wood products industry plays a significant role in the economic well- being of the state. The legislature further finds that the industry is currently experiencing a crisis and that it is in the best interests of the state to respond to this crisis. The purpose of sections 2 through 5 of this act is to promote increased economic activity and greater employment in the wood products industry by (1) requiring the use of paper bags in grocery stores; (2) encouraging the state as a purchaser to make maximum use of wood products; (3) educating consumers about wood products labeling; and (4) discouraging other states from adopting policies that harm the wood products industry.

NEW SECTION. Sec. 2. A new section is added to chapter 70.95 RCW to read as follows:

(1) It is unlawful for a retail grocery outlet to provide plastic bags at the check-out stand for retail customers to use to carry their purchases. This section does not apply to plastic bags smaller than twelve inches by eighteen inches that are used at the check-out stand to bag individual items, such as meats or frozen products.

(2) As used in this section, "retail grocery outlet" means any establishment or recognized grocery department of any establishment in which more than twenty percent of the gross receipts result from the sale of food items for off-premises preparation. As used in this section, "food items" includes such products as meat, poultry, fish, bread, cereals, vegetables, fruit, dairy products, coffee, tea, cocoa, carbonated and uncarbonated beverages, candy, condiments, spices, and canned goods, and like products; but does not include prepared hot foods or hot food products ready for immediate consumption.

NEW SECTION. Sec. 3. A new section is added to chapter 70.95 RCW to read as follows:

(1) Plastic bags used in violation of section 2 of this act are subject to seizure and forfeiture under this section and no property right exists in them.

(2) Bags subject to forfeiture may be seized by any inspector of the department upon process issued by any superior court having jurisdiction over the bags. The presence of bags at the check-out stand is prima facie evidence that the bags are being used in violation of section 2 of this act. Forfeitures are subject to the interests of any person with a bona fide security interest in the bags if, at the time the security interest was created, the secured party had no knowledge of the intended unlawful use of the bags.

(3) Proceedings for forfeiture shall be deemed commenced by seizure. The department shall cause notice to be served within fifteen days following the seizure on the owner of the bags seized and the person in charge and on any person having any known right or interest in the bags, of the seizure and intended forfeiture of the bags. The notice may be served by any method authorized by law or court rule including but not limited to service by certified mail with return receipt requested. Service by mail shall be deemed complete upon mailing within the fifteen-day period following the seizure.

(4) If any person notifies the department in writing of the person's claim of ownership or right to possession of the bags within forty-five days of the seizure, the person or persons shall be afforded a reasonable opportunity to be heard as to the claim or right. The hearing shall be held under chapter 34.05 RCW.

(5) Upon forfeiture, the department may sell or destroy the bags. Proceeds of any sale shall be used for payment of all proper expenses of the investigation leading to the seizure and of the proceedings for forfeiture and sale. Money remaining after the payment of all expenses shall be deposited into the general fund.

NEW SECTION. Sec. 4. A new section is added to chapter 39.24 RCW to read as follows:

All plans and specifications for the construction, alteration, or improvement of state facilities shall require that wood and wood products be used to the maximum extent permitted by the state building code as adopted and amended by the state building code council under chapter 19.27 RCW, unless the contracting agency justifies in writing the use of materials other than wood and wood products. As used in this section, "state facilities" includes facilities of new construction to be built by a private party through a contract to rent, lease, or purchase at least eighty percent of the facility for occupation by a state agency.

NEW SECTION. Sec. 5. A new section is added to chapter 43.10 RCW to read as follows:

(1) The attorney general shall develop a poster designed to educate retail consumers about labeling of lumber products. The poster shall specifically explain species terms such as "hem-fir" and sizing terms such as "two-by-four." After September 1, 1990, retail stores selling lumber shall display the poster in a conspicuous place. The attorney general may charge a fee to defray the costs of the poster.

(2) The attorney general may commence an adjudicative proceeding under chapter 34.05 RCW against any person violating this section. Upon a finding that this section has been violated, the presiding officer may make such orders as may be necessary to allow any person sustaining actual damages to recover those damages, and may award costs of the action and reasonable attorneys' fees to the attorney general.

NEW SECTION. Sec. 6. Sections 2 and 3 of this act shall take effect January 1, 1991.