AN ACT Relating to making minor possession of tobacco a class 3 civil infraction and clarifying penalties for violation of current laws regarding youth access to tobacco; amending RCW 70.155.020, 70.155.080, 70.155.090, 70.155.110, 70.155.120, and 26.28.080; adding new sections to chapter 70.155 RCW; and prescribing penalties.

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

Sec. 1. RCW 70.155.020 and 1993 c 507 s 3 are each amended to read as follows:

A person who holds a license issued under RCW 82.24.520 or 82.24.530 shall:

(1) Display the license or a copy in a prominent location at the outlet for which the license is issued; and

(2) Display a sign concerning the prohibition of tobacco sales to minors.

Such sign shall:

(a) Be posted so that it is clearly visible to anyone purchasing tobacco products from the licensee;

(b) Be designed and produced by the department of health to read: "THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER AGE 18 IS STRICTLY PROHIBITED BY STATE LAW. IF YOU ARE UNDER 18, YOU COULD BE ((~~PENALIZED~~)) FINED AND BE REQUIRED TO PARTICIPATE IN 4 HOURS OF COMMUNITY SERVICE FOR PURCHASING A TOBACCO PRODUCT; PHOTO ID REQUIRED"; and

Sec. 2. RCW 70.155.080 and 1993 c 507 s 9 are each amended to read as follows:

(1) A person under the age of eighteen who purchases or attempts to purchase, possesses or attempts to possess, or obtains or attempts to obtain cigarettes or tobacco products commits a class 3 civil infraction under chapter 7.80 RCW and is subject to a fine as set out in chapter 7.80 RCW ((or)) and participation in four hours of community service. The court may also require participation in a smoking cessation program((~~, or both~~)). This provision does not apply if a person under the age of eighteen, with parental authorization, is participating in a controlled purchase as part of a liquor control board, law enforcement, or ((~~local health department~~)) licensee under RCW 82.24.530 activity.

(2) Municipal and district courts within the state have jurisdiction for enforcement of this section. All fines collected under this section shall be retained by the court of jurisdiction.

Sec. 3. RCW 70.155.090 and 1993 c 507 s 10 are each amended to read as follows:

(1) Where there may be a question of a person's right to purchase or obtain tobacco products by reason of age, the retailer, sampler, or agent thereof, shall require the purchaser to present any one of the following officially issued identification that shows the purchaser's age and bears his or her signature and photograph: Liquor control authority card of identification of a state or province of Canada; driver's license, instruction permit, or identification card of a state or province of Canada; "identicard" issued by the Washington state department of licensing under chapter 46.20 RCW; United States military identification; passport; or merchant marine identification card issued by the United States coast guard.

(2) It is a defense to a prosecution under RCW 26.28.080((~~(4)~~)) that the person making a sale reasonably relied on any of the officially issued identification as defined in subsection (1) of this section. ((The liquor control board shall waive the suspension or revocation of a license if the licensee clearly establishes that he or she acted in good faith to prevent violations and a violation occurred despite the licensee's exercise of due diligence.))

NEW SECTION. Sec. 4. A new section is added to chapter 70.155 RCW to read as follows:

(1) The liquor control board may waive the suspension or revocation of a license and any monetary penalty if the licensee clearly establishes that he or she acted in good faith to prevent violations and a violation occurred despite the licensee's exercise of due diligence.

(2) It is a defense to a prosecution under RCW 26.28.080 that the licensee:

(a) Posted the required signs under RCW 70.155.020; and

(b) Trained employees with the employee's signature on file that they were trained on how not to sell, give, or permit to be sold or given to any person under the age of eighteen years any cigar, cigarette, cigarette paper or wrapper, or tobacco in any form.

Sec. 5. RCW 70.155.110 and 1993 c 507 s 12 are each amended to read as follows:

(1) The liquor control board shall, in addition to the board's other powers and authorities, have the authority to enforce the provisions of this chapter and RCW 26.28.080((~~(4)~~)) and 82.24.500. The liquor control board shall have full power to revoke or suspend the license of any retailer or wholesaler in accordance with the provisions of RCW 70.155.100.

(2) The liquor control board and the board's authorized agents or employees shall have full power and authority to enter any place of business where tobacco products are sold for the purpose of enforcing the provisions of this chapter.

(3) For the purpose of enforcing the provisions of this chapter and RCW 26.28.080((~~(4)~~)) and 82.24.500, a peace officer or enforcement officer of the liquor control board who has reasonable grounds to believe a person observed by the officer purchasing, attempting to purchase, or in possession of tobacco products is under the age of eighteen years of age, may detain such person for a reasonable period of time and in such a reasonable manner as is necessary to determine the person's true identity and date of birth. Further, tobacco products possessed by persons under the age of eighteen years of age are considered contraband and may be seized by a peace officer or enforcement officer of the liquor control board.

(4) The liquor control board may work with ((~~local county health departments or districts and~~)) local law enforcement agencies to conduct random, unannounced((,)) inspections in accordance with guidelines adopted by the board to assure compliance.

NEW SECTION. Sec. 6. A new section is added to chapter 70.155 RCW to read as follows:

A person who holds a license issued under RCW 82.24.530 may employ a person under the age of eighteen to conduct random, unannounced inspections to assure compliance without penalties.

Sec. 7. RCW 70.155.120 and 1993 c 507 s 13 are each amended to read as follows:

(1) The youth tobacco prevention account is created in the state treasury. All fees collected pursuant to RCW 82.24.520 and 82.24.530 and funds collected by the liquor control board from the imposition of monetary penalties and samplers' fees shall be deposited into this account, except that ten percent of all such fees and penalties shall be deposited in the state general fund.

(2) Moneys appropriated from the youth tobacco prevention account to the department of health shall be used by the department of health for implementation of this chapter, including collection and reporting of data regarding enforcement and the extent to which access to tobacco products by youth has been reduced.

(3) The department of health shall enter into interagency agreements with the liquor control board to pay the costs incurred, up to ((~~thirty~~)) fifty percent of available funds, in carrying out its enforcement responsibilities under this chapter. Such agreements shall set forth standards of enforcement, consistent with the funding available, so as to reduce the extent to which tobacco products are available to individuals under the age of eighteen. The agreements shall also set forth requirements for data reporting by the liquor control board regarding its enforcement activities.

(4) The department of health and the department of revenue shall enter into an interagency agreement for payment of the cost of administering the tobacco retailer licensing system and for the provision of quarterly documentation of tobacco wholesaler, retailer, and vending machine names and locations.

(5) The department of health shall, within up to ((~~seventy~~)) fifty percent of available funds, provide grants to local health departments ((~~or other local community agencies~~)) to develop and implement coordinated tobacco intervention strategies to prevent and reduce tobacco use by youth. Local health departments shall not contract with local community agencies to develop and implement coordinated tobacco intervention strategies to prevent and reduce tobacco use by youth.

(6) No moneys deposited in or appropriated from the youth tobacco prevention account may be used to fund private groups or individuals by means of grants, contracts, payments, or other transfers of funds for lobbying or public relations services.

Sec. 8. RCW 26.28.080 and 1994 sp.s. c 7 s 437 are each amended to read as follows:

Every person, including a parent or guardian, who sells or gives, or permits to be sold or given to any person under the age of eighteen years any cigar, cigarette, cigarette paper or wrapper, or tobacco in any form is guilty of a gross misdemeanor.

It shall be no defense to a prosecution for a violation of this section that the person acted, or was believed by the defendant to act, as agent or representative of another.