_______________________________________________
SUBSTITUTE
HOUSE BILL 2973
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Passed
Legislature - 1998 Regular Session
State
of Washington 55th Legislature 1998 Regular Session
By
Read
first time 02/05/98. Referred to Committee on .
Clarifying the role of the liquor control board to hear
appeals related to the seizure and forfeiture of cigarettes.
AN
ACT Relating to clarifying the role of the liquor control board to hear appeals
relating to the seizure and forfeiture of cigarettes; amending RCW 82.24.135;
and declaring an emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
82.24.135 and 1987 c 496 s 3 are each amended to read as follows:
In
all cases of seizure of any property made subject to forfeiture under this
chapter the department or the board shall proceed as follows:
(1)
Forfeiture shall be deemed to have commenced by the seizure. Notice of seizure
shall be given to the department or the board immediately if the seizure
is made by someone other than an agent of the department or the board
authorized to collect taxes.
(2)
Upon notification or seizure by the department or the board or upon
receipt of property subject to forfeiture under this chapter from any other
person, the department or the board shall list and particularly describe
the property seized in duplicate and have the property appraised by a qualified
person not employed by the department or the board or acting as its
agent. Listing and appraisement of the property shall be properly attested by
the department or the board and the appraiser, who shall be allowed a
reasonable appraisal fee. No appraisal is required if the property seized is
judged by the department or the board to be less than one hundred
dollars in value.
(3)
The department or the board shall cause notice to be served within five
days following the seizure or notification to the department or the board
of the seizure on the owner of the property seized, if known, on the person in
charge thereof, and on any other person having any known right or interest
therein, of the seizure and intended forfeiture of the seized property. The
notice may be served by any method authorized by law or court rule including
but not limited to service by mail. If service is by mail it shall be by both
certified mail with return receipt requested and regular mail. Service by mail
shall be deemed complete upon mailing within the five-day period following the
seizure or notification of the seizure to the department or the board.
(4)
If no person notifies the department or the board in writing of the
person's claim of ownership or right to possession of the items seized within
fifteen days of the date of the notice of seizure, the item seized shall be
considered forfeited.
(5)
If any person notifies the department or the board, in writing, of the
person's claim of ownership or right to possession of the items seized within
fifteen days of the date of the notice of seizure, the person or persons shall
be afforded a reasonable opportunity to be heard as to the claim or right. The
hearing shall be before the director or the director's designee or the board
or the board's designee, except that any person asserting a claim or right
may bring an action for return of the seized items in the superior court of the
county in which such property was seized, if the aggregate value of the article
or articles involved is more than five hundred dollars. A hearing ((before
the seizing agency)) and any appeal therefrom shall be in accordance with
chapter 34.05 RCW. The burden of proof by a preponderance of the evidence
shall be upon the person claiming to be the lawful owner or the person claiming
to have the lawful right to possession of the items seized. The department or
the board shall promptly return the article or articles to the claimant
upon a determination that the claimant is the present lawful owner or is
lawfully entitled to possession thereof of the items seized.
NEW
SECTION. Sec. 2. This
act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public
institutions, and takes effect immediately.
Passed the House February 13, 1998.
Passed the Senate March 4, 1998.
Approved by the Governor
March 18, 1998.
Filed
in Office of Secretary of State March 18, 1998.
