H-3679              _______________________________________________

                                                   HOUSE BILL NO. 2448

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Representatives Valle, Brooks, Prentice and D. Sommers

Read first time 1/12/90 and referred to Committee on Health Care.

AN ACT Relating to indoor clean air; and amending RCW 70.160.070 and 70.160.080.

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

        Sec. 1.  Section 7, chapter 236, Laws of 1985 and RCW 70.160.070 are each amended to read as follows:

          (1) Any person intentionally violating this chapter by smoking in a public place not designated as a smoking area or any person removing, defacing, or destroying a sign required by this chapter is subject to a civil fine of up to one hundred dollars.  Local law enforcement agencies shall enforce this section by issuing a notice of infraction to be assessed in the same manner as traffic infractions.  The provisions contained in chapter 46.63 RCW for the disposition of traffic infractions apply to the disposition of infractions for violation of this subsection except as follows:

          (a) The provisions in chapter 46.63 RCW relating to the provision of records to the department of licensing in accordance with  RCW 46.20.270 are not applicable to this chapter; and

          (b) The provisions in chapter 46.63 RCW relating to the imposition of sanctions against a person's driver's license or vehicle license are not applicable to this chapter.

          The form for the notice of infraction for a violation of this subsection shall be prescribed by rule of the supreme court.

          (2) When violations of RCW 70.160.040 or 70.160.050 occur, a warning shall first be given to the owner or other person in charge.  Any subsequent violation is subject to a civil fine of up to one hundred dollars.  Each day upon which a violation occurs or is permitted to continue constitutes a separate violation.

          (3) ((Local fire departments or fire districts)) The department of health shall enforce RCW 70.160.040 or 70.160.050 regarding the duties of owners or persons in control of public places, and ((local health departments shall enforce)) RCW 70.160.040 or 70.160.050 regarding the duties of owners of restaurants by either of the following actions:

          (a) Serving notice requiring the correction of any violation; or

          (b) Calling upon the city or town attorney or county prosecutor to maintain an action for an injunction to enforce RCW 70.160.040 and 70.160.050, to correct a violation, and to assess and recover a civil penalty for the violation.

        Sec. 2.  Section 9, chapter 236, Laws of 1985 and RCW 70.160.080 are each amended to read as follows:

          ((Local fire departments or fire districts and local health departments)) The secretary of health may adopt regulations as required to implement this chapter.