SB 5048 -
By Senator Oke
ADOPTED 02/14/2006
Beginning on page 3, line 29, strike all of section 4 and insert the following:
"Sec. 4 RCW 70.155.090 and 2005 c 206 s 2 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: (a) Liquor control
authority card of identification of a state or province of Canada; (b)
driver's license, instruction permit, or identification card of a state
or province of Canada; (c) "identicard" issued by the Washington state
department of licensing under chapter 46.20 RCW; (d) United States
military identification; (e) passport; (f) enrollment card, issued by
the governing authority of a federally recognized Indian tribe located
in Washington, that incorporates security features comparable to those
implemented by the department of licensing for Washington drivers'
licenses. At least ninety days prior to implementation of an
enrollment card under this subsection, the appropriate tribal authority
shall give notice to the board. The board shall publish and
communicate to licensees regarding the implementation of each new
enrollment card; or (g) merchant marine identification card issued by
the United States coast guard.
(2) It is a defense to a prosecution under RCW 26.28.080 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."
EFFECT: Incorporates amendatory language to RCW 70.155.090 that was added last session by SHB 1496.