BILL REQ. #:  H-1392.1 

Read first time 02/06/09.   Referred to Committee on Technology, Energy & Communications.

     AN ACT Relating to enhanced 911 emergency communications service; amending RCW 82.04.065; amending 2001 c 128 s 1 (uncodified); adding a new chapter to Title 82 RCW; repealing RCW 38.52.500, 38.52.501, 38.52.505, 38.52.510, 38.52.520, 38.52.525, 38.52.530, 38.52.532, 38.52.535, 38.52.540, 38.52.545, 38.52.550, 38.52.561, 82.14B.010, 82.14B.030, 82.14B.040, 82.14B.042, 82.14B.050, 82.14B.060, 82.14B.061, 82.14B.070, 82.14B.090, 82.14B.100, 82.14B.150, 82.14B.160, 82.14B.200, and 82.14B.210; repealing 2007 c 6 s 1707 (uncodified); prescribing penalties; providing an effective date; and declaring an emergency.

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

NEW SECTION.  Sec. 1   The legislature finds that statewide enhanced 911 has proven to be a lifesaving service and that routing a 911 call to the appropriate public safety answering point with a display of the caller's identification and location should be available for all users of telecommunications or communications services, regardless of the technology used to make and transmit the 911 voice or data call. The legislature also finds that it is in the best public interest to ensure that there is adequate funding to support ongoing modernization of enhanced 911 service.

NEW SECTION.  Sec. 2   The adjutant general must establish rules on minimum information requirements of automatic location identification for the purposes of enhanced 911 emergency communications service as defined in section 13 of this act. Such rules permit the chief of a local fire department or a chief fire protection officer or such other person as may be designated by the governing body of a city or county to take into consideration local circumstances when approving the accuracy of location information generated when calls are made to 911 from facilities within his or her service area.

NEW SECTION.  Sec. 3   Each county, singly or in combination with adjacent counties, must implement countywide or multicounty-wide enhanced 911 emergency communications service so that enhanced 911 is available throughout the state. The county must provide funding for the enhanced 911 emergency communications service in the county in an amount equal to the amount the 911 service fees under section 14 of this act would generate in the county or the amount necessary to provide full funding of the services in the county, whichever is less. The state enhanced 911 coordination office established by section 4 of this act must assist and facilitate enhanced 911 implementation throughout the state.

NEW SECTION.  Sec. 4   A state enhanced 911 coordination office, headed by the state enhanced 911 coordinator, is established in the emergency management division of the state military department. Duties of the office include:
     (1) Coordinating and facilitating the implementation and operation of enhanced 911 emergency communications service throughout the state;
     (2) Seeking advice and assistance from, and providing staff support for, the enhanced 911 advisory committee; and
     (3) Recommending to the utilities and transportation commission by August 31st of each year the level of the state enhanced 911 service fee for the following year.

NEW SECTION.  Sec. 5   The enhanced 911 advisory committee is created to advise and assist the state enhanced 911 coordinator in coordinating and facilitating the implementation and operation of enhanced 911 emergency communications service throughout the state. The adjutant general must appoint members of the committee who represent diverse geographical areas of the state and include state residents who are members of the national emergency number association Washington chapter, the association of public safety communications officials Washington chapter, the Washington state fire chiefs association, the Washington association of sheriffs and police chiefs, the Washington state council of firefighters, the Washington state council of police officers, the Washington ambulance association, the state fire protection policy board, the Washington fire commissioners association, the Washington state patrol, the association of Washington cities, the Washington state association of counties, the utilities and transportation commission or commission staff, a representative of a voice over internet protocol company, and an equal number of representatives of large and small local exchange telephone companies and large and small radio communications service companies offering commercial mobile radio service in the state.

NEW SECTION.  Sec. 6   On an annual basis, the enhanced 911 advisory committee must provide an update on the status of enhanced 911 emergency communications service in the state to the appropriate committees in the legislature.

NEW SECTION.  Sec. 7   (1) The enhanced 911 account is created in the state treasury. All receipts from the state enhanced 911 service fees imposed by section 14 of this act must be deposited into the account. Moneys in the account shall be used only to support the statewide coordination and management of the enhanced 911 system, for the modernization and operation of enhanced 911 emergency communications service statewide, including service for wireline, wireless, internet protocol-enabled voice, and all other types of communications devices capable of transmitting voice or data to 911, and to help supplement, within available funds, the operational costs of the system, including adequate funding of counties' 911 operational costs.
     (2) The state enhanced 911 coordinator, with the advice and assistance of the enhanced 911 advisory committee, is authorized to enter into statewide agreements to improve the efficiency of enhanced 911 emergency communications services for all counties and must specify by rule the additional purposes for which moneys, if available, may be expended from this account.
     (3) Federal law provides under P.L. 110-283:
     "All funds generated by the enhanced 911 service fees imposed by section 14 of this act must be obligated or expended only in support of enhanced 911 emergency communications service or the enhancements of enhanced 911 emergency communications service."
     (4) Interest earned on the enhanced 911 account must remain with the 911 account.

Sec. 8   2001 c 128 s 1 (uncodified) is amended to read as follows:
     The legislature finds that the statewide emergency communications network of enhanced 911 telephone service, which allows an immediate display of a caller's identification and location, has served to further the safety, health, and welfare of the state's citizens, and has saved lives.
     The legislature further finds that statewide operation and management of the enhanced 911 system will create efficiencies of operation and permit greater local control of county 911 operations, and further that some counties will continue to need assistance from the state to maintain minimum enhanced 911 service levels.
     The legislature further finds that consumers are adopting new communications technologies that need to access 911 and contribute equally to the support of the modernization of the enhanced 911 emergency communications service.

NEW SECTION.  Sec. 9   In specifying rules defining the purposes for which available state 911 moneys may be expended, the state enhanced 911 coordinator, with the advice and assistance of the enhanced 911 advisory committee, shall consider base needs of individual counties for specific assistance. Priorities for available enhanced 911 funding are as follows: (1) To assure that 911 dialing/access is operational statewide; (2) to assist counties as necessary to assure that they can achieve a basic service level for 911 operations; and (3) to assist counties as practicable to acquire items of a capital nature appropriate to modernization and 911 effectiveness.

NEW SECTION.  Sec. 10   A telecommunications company, radio communications service company, or internet protocol-enabled voice service provider, and providers of other communication services capable of transmitting voice or data to providing enhanced 911 emergency communications service or a business or individual providing database information to enhanced 911 emergency communications service personnel shall not be liable for civil damages caused by an act or omission of the company, business, or individual in the:
     (1) Good faith release of information to public safety answering points not in the public record, including unpublished or unlisted subscriber information to emergency service providers responding to calls placed to enhanced 911 emergency communications service; or
     (2) Design, development, installation, maintenance, or provision of consolidated or enhanced 911 emergency communications service other than an act or omission constituting gross negligence or wanton or willful misconduct.

NEW SECTION.  Sec. 11   The state enhanced 911 coordinator, with the advice and assistance of the enhanced 911 advisory committee, shall set nondiscriminatory, uniform technical and operational standards consistent with the rules of the federal communications commission for the transmission of 911 calls from radio communications service companies, internet protocol-enabled voice service providers, and providers of other communications services capable of transmitting voice or data to enhanced 911 emergency communications service. These standards must not exceed the requirements set by the federal communications commission. The authority given to the state enhanced 911 coordinator in this section is limited to setting standards as set forth in this section and does not constitute authority to regulate radio communications service companies or internet protocol-enabled voice service providers or other providers capable of transmitting voice or data to enhanced 911 emergency communications.

NEW SECTION.  Sec. 12   The legislature finds that the state and counties should be provided with an additional revenue source to fund enhanced 911 emergency communications service throughout the state on a multicounty or countywide basis. The legislature further finds that the most efficient and appropriate method of deriving additional revenue for this purpose is to impose a 911 service fee on wireline, wireless, internet protocol-enabled voice, and other communications devices capable of transmitting voice or data to 911.

NEW SECTION.  Sec. 13   As used in this chapter:
     (1) "Department" means the department of revenue.
     (2) "Enhanced 911 emergency communications service" means a public communications access system consisting of a network, database, and on-premises equipment that is accessed by dialing or accessing 911 and that enables reporting police, fire, medical, or other emergency situations to a public safety answering point. The system includes the capability to selectively route incoming 911 voice or data to the appropriate public safety answering point that operates in a defined 911 service area and the capability to automatically display the name, address, and telephone number of incoming 911 calls at the appropriate public safety answering point. "Enhanced 911 emergency communications service" includes the modernization to next generation 911 systems.
     (3) "Switched access line" means the telephone service line which connects a subscriber's main telephone(s) or equivalent main telephone(s) to the local exchange company's switching office.
     (4) "Local exchange company" has the meaning ascribed to it in RCW 80.04.010.
     (5) "Radio access line" means the telephone number assigned to or used by a subscriber for two-way local wireless voice service available to the public for hire from a radio communications service company. Radio access lines include, but are not limited to, radio-telephone communications lines used in cellular telephone service, personal communications services, and network radio access lines, or their functional and competitive equivalent. Radio access lines do not include lines that provide access to one-way signaling service, such as paging service, or to communications channels suitable only for data transmission, or to nonlocal radio access line service, such as wireless roaming service, or to a private telecommunications system.
     (6) "Radio communications service company" has the meaning ascribed to it in RCW 80.04.010, except that it does not include radio paging providers. It does include those persons or entities that provide commercial mobile radio services, as defined by 47 U.S.C. Sec. 332(d)(1), and both facilities-based and nonfacilities-based resellers.
     (7) "Private telecommunications system" has the meaning ascribed to it in RCW 80.04.010.
     (8) "Subscriber" means the retail purchaser of telephone service as telephone service is defined in RCW 82.16.010.
     (9) "Place of primary use" has the meaning ascribed to it in RCW 82.04.065.
     (10) "Communications service" means any service or device that: (a) Uses telephone numbers or internet protocol addresses or their functional equivalents or successors; (b) is capable of accessing, connecting with, or interfacing with the enhanced 911 emergency communications service by dialing, initializing, or otherwise activating the enhanced 911 emergency communications service regardless of the transmission medium or technology employed; and (c) provides or enables real-time or interactive communications.
     (11) "Communications service provider" means any entity that provides communications service.
     (12) "Internet protocol-enabled voice" has the same meaning as "interconnected VoIP services" provided by the federal communications commission in Title 47 U.S.C. Sec. 64.601.

NEW SECTION.  Sec. 14   (1) A county enhanced 911 service fee is imposed on the use of telecommunications and communications service to switched access lines, radio access lines, internet protocol-enabled voice devices or other communications service devices capable of transmitting voice or data to 911 in an amount of ninety cents per month for each device or service with active service. The service fee imposed under this subsection must be remitted to the department monthly on a service fee report provided by the department, which must include specification of the number of lines or devices and their associated fees for each county. The department must distribute the specified amount of service fees to each county, and the county must deposit the service fee proceeds in a dedicated enhanced 911 account.
     (a) As of January 1, 2012, the county enhanced 911 service fee must increase to one dollar and twenty cents per month.
     (b) As of January 1, 2014, the county enhanced 911 service fee must increase to one dollar and fifty cents per month.
     (c) A joint legislative accounting review committee review of state and local 911 service fees must be conducted and a report presented to the senate ways and means committee and the house of representatives ways and means committee no later than December 1, 2016.
     (2) A state enhanced 911 service fee is imposed on telecommunications and communications service to switched access lines, radio access lines, internet protocol-enabled voice devices, and other communications service devices capable of transmitting voice or data to 911 in the state. The amount of the fee must be uniform and may not exceed twenty-five cents per month for each switched access line, radio access line, internet protocol-enabled voice device, or other communications service devices capable of transmitting voice or data to 911 with active service during the month. The fee imposed under this subsection must be remitted to the department of revenue monthly on a service fee report provided by the department. Service fee proceeds must be deposited by the treasurer in the enhanced 911 account created in section 7 of this act.
     (3) By August 31st of each year the state enhanced 911 coordinator, with the advice of the enhanced 911 advisory committee, must recommend the level for the next year of the state enhanced 911 service fee imposed by subsection (2) of this section, based on a systematic cost and revenue analysis, to the utilities and transportation commission. The commission shall by the following October 31st determine the level of the state enhanced 911 service fee for the following year.

NEW SECTION.  Sec. 15   The state enhanced 911 service fee and the county enhanced 911 service fee must be collected from the subscriber by the service provider for telecommunications or communications devices and services, including but not limited to switched access lines, radio access lines, internet protocol-enabled voice devices, and all other communications service devices capable of transmitting voice or data to 911. The amount of the service fee must be stated separately on the billing statement which is sent to the subscriber.

NEW SECTION.  Sec. 16   (1) The state and county enhanced 911 service fees imposed by this chapter must be paid by the subscriber to the local exchange company providing the switched access line, the radio communications service company providing the radio access line, the internet protocol-enabled voice service provider providing service to the internet protocol-enabled voice device, or the other communications service provider providing service to the other communications service device capable of accessing and transmitting voice or data to 911, and each local exchange company, radio communications service company, internet protocol-enabled voice service provider, and other communicates service provider must collect from the subscriber or customer the full amount of the service fees payable. The state and county enhanced 911 service fees required by this chapter to be collected by the local exchange company, the radio communications service company, the internet protocol-enabled voice service provider, or other communications service provider are deemed to be held in trust by the local exchange company, radio communications service company, internet protocol-enabled voice service provider, or other communications service provider until paid to the department. The due date for remittance of the service fees collected shall be on or before the last day of the month following the month in which the service fee liability accrues. Any local exchange company, radio communications service company, internet protocol-enabled voice service provider, or other communications service provider that appropriates or converts the fee collected to its own use or to any use other than the payment of the fee to the extent that the money collected is not available for payment on the due date as prescribed in this chapter is guilty of a gross misdemeanor.
     (2) If any local exchange company, radio communications service company, internet protocol-enabled voice service provider, or other communications service provider fails to collect the state enhanced 911 service fee or, after collecting the fee, fails to pay it to the department in the manner prescribed by this chapter, whether such failure is the result of its own act or the result of acts or conditions beyond its control, the local exchange company, radio communications service company, internet protocol-enabled voice service provider, or other communications service provider is personally liable to the state for the amount of the fee, unless the local exchange company, radio communications service company, internet protocol-enabled voice service provider, or other communications service provider has taken from the buyer in good faith a properly executed resale certificate under section 22 of this act.
     (3) The amount of the service fee, until paid by the subscriber to the local exchange company, the radio communications service company, the internet protocol-enabled voice service provider, or other communications service provider or to the department, constitutes a debt from the subscriber to the local exchange company, radio communications service company, internet protocol-enabled voice service provider, or other communications service provider. Any local exchange company, radio communications service company, internet protocol-enabled voice service provider, or other communications service provider that fails or refuses to collect the service fee as required with intent to violate the provisions of this chapter or to gain some advantage or benefit, either direct or indirect, and any subscriber who refuses to pay any fee due under this chapter is guilty of a misdemeanor. The state enhanced 911 service fee required by this chapter to be collected by the local exchange company, radio communications service company, internet protocol-enabled voice service provider, or other communications service provider must be stated separately on the billing statement that is sent to the subscriber.
     (4) If a subscriber has failed to pay to the local exchange company, radio communications service company, internet protocol-enabled voice service provider, or other communications service provider the state enhanced 911 service fee imposed by this chapter and the local exchange company, radio communications service company, internet protocol-enabled voice service provider, or other communications service provider has not paid the amount of the fee to the department, the department may, in its discretion, proceed directly against the subscriber for collection of the service fee, in which case a penalty of ten percent may be added to the amount of the fee for failure of the subscriber to pay the fee to the local exchange company, radio communications service company, internet protocol-enabled voice service provider, or other communications service provider regardless of when the fee is collected by the department. Fees under this chapter are due as provided under section 19 of this act.

NEW SECTION.  Sec. 17   The proceeds of any fee collected under this chapter must be used by the state or county only for the enhanced 911 emergency communications service, in accordance with federal law, P.L. 110-283. In accordance with federal law, P.L. 110-283: "All funds generated by the enhanced 911 service fees imposed by section 14 of this act shall be obligated or expended only in support of enhanced 911 service or the enhancements of enhanced 911 service." Interest earned on the enhanced 911 account must remain with the enhanced 911 account.

NEW SECTION.  Sec. 18   A county legislative authority must establish by ordinance all necessary and appropriate procedures for the acceptance of the service fees by the department.

NEW SECTION.  Sec. 19   (1) The department of revenue must administer and must adopt such rules as may be necessary to enforce and administer the state and county enhanced 911 service fees imposed by this chapter. Chapter 82.32 RCW, with the exception of RCW 82.32.045, 82.32.145, and 82.32.380, applies to the administration, collection, and enforcement of the state and county enhanced 911 service fees.
     (2) The state and county enhanced 911 service fees imposed by this chapter, along with reports and returns on forms prescribed by the department, are due at the same time the taxpayer reports other fees under RCW 82.32.045. If no other fees are reported under RCW 82.32.045, the taxpayer must remit the fee on an annual basis in accordance with RCW 82.32.045.
     (3) The department of revenue may relieve any taxpayer or class of taxpayers from the obligation of remitting monthly and may require the return to cover other longer reporting periods, but in no event may returns be filed for a period greater than one year.
     (4) The state and county enhanced 911 service fees imposed by this chapter are in addition to any fees imposed upon the same persons under chapters 82.08 and 82.12 RCW.

NEW SECTION.  Sec. 20   (1) A local exchange company, radio communications service company, internet protocol-enabled voice service provider, or other communications service provider must file tax returns on a cash receipts or accrual basis according to which method of accounting is regularly employed in keeping the books of the company. A local exchange company, radio communications service company, internet protocol-enabled voice service provider, or other communications service provider filing returns on a cash receipts basis is not required to pay service fees on debt subject to credit or refund under subsection (2) of this section.
     (2) A local exchange company, radio communications service company, internet protocol-enabled voice service provider, or other communications service provider is entitled to a credit or refund for state enhanced 911 service fees previously paid on bad debts, as that term is used in Title 26 U.S.C. Sec. 166 of the federal internal revenue code, as amended or renumbered as of January 1, 2003.

NEW SECTION.  Sec. 21   The service fees imposed by this chapter do not apply to any activity that the state or county is prohibited from taxing under the Constitution of this state or the Constitution or laws of the United States.

NEW SECTION.  Sec. 22   (1) Unless a local exchange company, radio communications service company, internet protocol-enabled voice service provider, or other communications service provider has taken from the buyer a resale certificate or equivalent document under RCW 82.04.470, the burden of proving that a sale of the use of a switched access line or radio access line, or the service to an internet protocol-enabled voice device or other communications service device capable of transmitting voice or data to 911, was not a sale to a subscriber is upon the person who made the sale.
     (2) If a local exchange company, radio communications service company, internet protocol-enabled voice service provider, or other communications service provider does not receive a resale certificate at the time of the sale, have a resale certificate on file at the time of the sale, or obtain a resale certificate from the buyer within a reasonable time after the sale, the local exchange company, radio communications service company, internet protocol-enabled voice service provider, or other communications service provider remains liable for the fees as provided in section 16 of this act, unless the local exchange company, radio communications service company, internet protocol-enabled voice service provider, or other communications service provider can demonstrate facts and circumstances according to rules adopted by the department of revenue that show the sale was properly made without payment of the state enhanced 911 service fee.
     (3) The penalty imposed by RCW 82.32.291 may not be assessed on state enhanced 911 service fees due but not paid as a result of the improper use of a resale certificate. This subsection does not prohibit or restrict the application of other penalties authorized by law.

NEW SECTION.  Sec. 23   (1) Upon termination, dissolution, or abandonment of a corporate or limited liability company business, any officer, member, manager, or other person having control or supervision of state enhanced 911 service fee funds collected and held in trust under section 16 of this act, or who is charged with the responsibility for the filing of returns or the payment of state enhanced 911 service fee funds collected and held in trust under section 16 of this act, is personally liable for any unpaid service fees and interest and penalties on those service fees, if such officer or other person willfully fails to pay or to cause to be paid any state enhanced 911 service fees due from the corporation under this chapter. For the purposes of this section, any state enhanced 911 service fees that have been paid but not collected are deductible from the state enhanced 911 service fees collected but not paid. For purposes of this subsection "willfully fails to pay or to cause to be paid" means that the failure was the result of an intentional, conscious, and voluntary course of action.
     (2) The officer, member, manager, or other person is liable only for service fees collected that became due during the period he or she had the control, supervision, responsibility, or duty to act for the corporation described in subsection (1) of this section, plus interest and penalties on those service fees.
     (3) Persons liable under subsection (1) of this section are exempt from liability if nonpayment of the state enhanced 911 service fee funds held in trust is due to reasons beyond their control as determined by the department by rule.
     (4) Any person having been issued a notice of assessment under this section is entitled to the appeal procedures under RCW 82.32.160 through 82.32.200.
     (5) This section applies only if the department has determined that there is no reasonable means of collecting the state enhanced 911 service fee funds held in trust directly from the corporation.
     (6) This section does not relieve the corporation or limited liability company of other tax liabilities or otherwise impair other tax collection remedies afforded by law.
     (7) Collection authority and procedures prescribed in chapter 82.32 RCW apply to collections under this section.

Sec. 24   RCW 82.04.065 and 2007 c 6 s 1003 are each amended to read as follows:
     (1) "Competitive telephone service" means the providing by any person of telecommunications equipment or apparatus, or service related to that equipment or apparatus such as repair or maintenance service, if the equipment or apparatus is of a type which can be provided by persons that are not subject to regulation as telephone companies under Title 80 RCW and for which a separate charge is made.
     (2) "Ancillary services" means services that are associated with or incidental to the provision of "telecommunications services," including but not limited to "detailed telecommunications billing," "directory assistance," "vertical service," and "voice mail services."
     (3) "Conference-bridging service" means an ancillary service that links two or more participants of an audio or video conference call and may include the provision of a telephone number. "Conference-bridging service" does not include the telecommunications services used to reach the conference bridge.
     (4) "Detailed telecommunications billing service" means an ancillary service of separately stating information pertaining to individual calls on a customer's billing statement.
     (5) "Directory assistance" means an ancillary service of providing telephone number information, and/or address information.
     (6) "Vertical service" means an ancillary service that is offered in connection with one or more telecommunications services, that offers advanced calling features that allow customers to identify callers and to manage multiple calls and call connections, including conference-bridging services.
     (7) "Voice mail service" means an ancillary service that enables the customer to store, send, or receive recorded messages. "Voice mail service" does not include any vertical services that the customer may be required to have in order to use the voice mail service.
     (8) "Telecommunications service" means the electronic transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals to a point, or between or among points. "Telecommunications service" includes such transmission, conveyance, or routing in which computer processing applications are used to act on the form, code, or protocol of the content for purposes of transmission, conveyance, or routing without regard to whether such service is referred to as voice over internet protocol services or is classified by the federal communications commission as enhanced or value added. "Telecommunications service" does not include:
     (a) Data processing and information services that allow data to be generated, acquired, stored, processed, or retrieved and delivered by an electronic transmission to a purchaser where such purchaser's primary purpose for the underlying transaction is the processed data or information;
     (b) ((Installation or maintenance of wiring or equipment on a customer's premises;
     (c) Tangible personal property;
     (d) Advertising, including but not limited to directory advertising;
     (e) Billing and collection services provided to third parties;
     (f) Internet access service;
     (g))) Radio and television audio and video programming services, regardless of the medium, including the furnishing of transmission, conveyance, and routing of such services by the programming service provider. Radio and television audio and video programming services include but are not limited to cable service as defined in 47 U.S.C. Sec. 522(6) and audio and video programming services delivered by commercial mobile radio service providers, as defined in section 20.3, Title 47 C.F.R.;
     (((h))) (c) Ancillary services; or
     (((i))) (d) Digital products delivered electronically, including but not limited to software, music, video, reading materials, or ring tones.
     (9) "800 service" means a telecommunications service that allows a caller to dial a toll-free number without incurring a charge for the call. The service is typically marketed under the name "800," "855," "866," "877," and "888" toll-free calling, and any subsequent numbers designated by the federal communications commission.
     (10) "900 service" means an inbound toll "telecommunications service" purchased by a subscriber that allows the subscriber's customers to call in to the subscriber's prerecorded announcement or live service. "900 service" does not include the charge for: Collection services provided by the seller of the telecommunications services to the subscriber, or services or products sold by the subscriber to the subscriber's customer. The service is typically marketed under the name "900" service, and any subsequent numbers designated by the federal communications commission.
     (11) "Fixed wireless service" means a telecommunications service that provides radio communication between fixed points.
     (12) "Mobile wireless service" means a telecommunications service that is transmitted, conveyed, or routed regardless of the technology used, whereby the origination and/or termination points of the transmission, conveyance, or routing are not fixed, including, by way of example only, telecommunications services that are provided by a commercial mobile radio service provider.
     (13) "Paging service" means a telecommunications service that provides transmission of coded radio signals for the purpose of activating specific pagers; these transmissions may include messages and/or sounds.
     (14) "Prepaid calling service" means the right to access exclusively telecommunications services, which must be paid for in advance and which enable the origination of calls using an access number or authorization code, whether manually or electronically dialed, and that is sold in predetermined units or dollars of which the number declines with use in a known amount.
     (15) "Prepaid wireless calling service" means a telecommunications service that provides the right to use mobile wireless service as well as other nontelecommunications services including the download of digital products delivered electronically, content, and ancillary services, which must be paid for in advance and that is sold in predetermined units or dollars of which the number declines with use in a known amount.
     (16) "Private communications service" means a telecommunications service that entitles the customer to exclusive or priority use of a communications channel or group of channels between or among termination points, regardless of the manner in which the channel or channels are connected, and includes switching capacity, extension lines, stations, and any other associated services that are provided in connection with the use of the channel or channels.
     (17) "Value-added nonvoice data service" means a service that otherwise meets the definition of telecommunications services in which computer processing applications are used to act on the form, content, code, or protocol of the information or data primarily for a purpose other than transmission, conveyance, or routing.
     (18) "Charges for mobile telecommunications services" means any charge for, or associated with, the provision of commercial mobile radio service, as defined in section 20.3, Title 47 C.F.R. as in effect on June 1, 1999, or any charge for, or associated with, a service provided as an adjunct to a commercial mobile radio service, regardless of whether individual transmissions originate or terminate within the licensed service area of the mobile telecommunications service provider.
     (19) "Customer" means: (a) The person or entity that contracts with the home service provider for mobile telecommunications services; or (b) the end user of the mobile telecommunications service, if the end user of mobile telecommunications services is not the contracting party, but this subsection (19)(b) applies only for the purpose of determining the place of primary use. The term does not include a reseller of mobile telecommunications service, or a serving carrier under an arrangement to serve the customer outside the home service provider's licensed service area. "Customer" includes a subscriber.
     (20) "Designated database provider" means a person representing all the political subdivisions of the state that is:
     (a) Responsible for providing an electronic database prescribed in 4 U.S.C. Sec. 119(a) if the state has not provided an electronic database; and
     (b) Approved by municipal and county associations or leagues of the state whose responsibility it would otherwise be to provide a database prescribed by 4 U.S.C. Secs. 116 through 126.
     (21) "Enhanced zip code" means a United States postal zip code of nine or more digits.
     (22) "Home service provider" means the facilities-based carrier or reseller with whom the customer contracts for the provision of mobile telecommunications services.
     (23) "Licensed service area" means the geographic area in which the home service provider is authorized by law or contract to provide commercial mobile radio service to the customer.
     (24) "Mobile telecommunications service" means commercial mobile radio service, as defined in section 20.3, Title 47 C.F.R. as in effect on June 1, 1999.
     (25) "Mobile telecommunications service provider" means a home service provider or a serving carrier.
     (26) "Place of primary use" means the street address representative of where the customer's use of the mobile telecommunications or communications service primarily occurs, which must be:
     (a) The residential street address or the primary business street address of the customer; and
     (b) Within the licensed service area of the home service provider.
     (27) "Prepaid telephone calling service" means the right to purchase exclusively telecommunications services that must be paid for in advance, that enables the origination of calls using an access number, authorization code, or both, whether manually or electronically dialed, if the remaining amount of units of service that have been prepaid is known by the provider of the prepaid service on a continuous basis.
     (28) "Reseller" means a provider who purchases telecommunications services from another telecommunications service provider and then resells, uses as a component part of, or integrates the purchased services into a mobile telecommunications service. "Reseller" does not include a serving carrier with whom a home service provider arranges for the services to its customers outside the home service provider's licensed service area.
     (29) "Serving carrier" means a facilities-based carrier providing mobile telecommunications service to a customer outside a home service provider's or reseller's licensed service area.
     (30) "Taxing jurisdiction" means any of the several states, the District of Columbia, or any territory or possession of the United States, any municipality, city, county, township, parish, transportation district, or assessment jurisdiction, or other political subdivision within the territorial limits of the United States with the authority to impose a tax, charge, or fee.

NEW SECTION.  Sec. 25   The following acts or parts of acts are each repealed:
     (1) RCW 38.52.500 (Statewide enhanced 911 service -- Finding) and 1991 c 54 s 1;
     (2) RCW 38.52.501 (Statewide enhanced 911 service -- Findings) and 2002 c 341 s 1;
     (3) RCW 38.52.505 (Statewide enhanced 911 service -- Automatic location identification -- Rules) and 1999 c 24 s 2;
     (4) RCW 38.52.510 (Statewide enhanced 911 service -- Funding by counties) and 1991 c 54 s 3;
     (5) RCW 38.52.520 (State enhanced 911 coordination office) and 1991 c 54 s 4;
     (6) RCW 38.52.525 (State enhanced 911 coordination office -- Public education materials) and 1995 c 243 s 9;
     (7) RCW 38.52.530 (Enhanced 911 advisory committee.) and 2006 c 210 s 1, 2002 c 341 s 3, 2000 c 34 s 1, 1997 c 49 s 7, & 1991 c 54 s 5;
     (8) RCW 38.52.532 (Enhanced 911 advisory committee -- Annual legislative update) and 2006 c 210 s 2;
     (9) RCW 38.52.535 (State enhanced 911 coordination office and advisory committee -- Uniform national standards) and 1998 c 245 s 32 & 1995 c 243 s 10;
     (10) RCW 38.52.540 (Enhanced 911 account) and 2002 c 371 s 905, 2002 c 341 s 4, 2001 c 128 s 2, 1998 c 304 s 14, 1994 c 96 s 7, & 1991 c 54 s 6;
     (11) RCW 38.52.545 (Priorities for enhanced 911 funding) and 2001 c 128 s 3;
     (12) RCW 38.52.550 (Emergency communications systems and information -- Immunity from civil liability) and 2002 c 341 s 5 & 1991 c 329 s 7;
     (13) RCW 38.52.561 (911 calls from radio communications service companies -- Technical and operational standards) and 2002 c 341 s 6;
     (14) RCW 82.14B.010 (Findings) and 1991 c 54 s 9 & 1981 c 160 s 1;
     (15) RCW 82.14B.030 (County enhanced 911 excise tax on use of switched access lines and radio access lines authorized -- Amount -- State enhanced 911 excise tax -- Amount.) and 2007 c 54 s 17 & 2007 c 6 s 1024;
     (16) RCW 82.14B.040 (Collection of tax) and 2002 c 341 s 9, 1998 c 304 s 4, 1994 c 96 s 4, 1991 c 54 s 12, & 1981 c 160 s 4;
     (17) RCW 82.14B.042 (Payment and collection of taxes -- Penalties for violations) and 2002 c 341 s 10, 2000 c 106 s 2, & 1998 c 304 s 9;
     (18) RCW 82.14B.050 (Use of proceeds) and 1981 c 160 s 5;
     (19) RCW 82.14B.060 (Administration and collection by county--Ordinance) and 1998 c 304 s 5 & 1981 c 160 s 6;
     (20) RCW 82.14B.061 (Administration by department -- Extending reporting periods) and 2002 c 341 s 11, 2000 c 106 s 3, & 1998 c 304 s 6;
     (21) RCW 82.14B.070 (Emergency service communication districts--Authorized -- Consolidation -- Dissolution) and 1994 c 54 s 1 & 1987 c 17 s 1;
     (22) RCW 82.14B.090 (Emergency service communication districts--Emergency service communication system -- Financing -- Excise tax) and 1991 c 54 s 13 & 1987 c 17 s 3;
     (23) RCW 82.14B.100 (Emergency service communication districts--Application of RCW 82.14B.040 through 82.14B.060) and 1991 c 54 s 14 & 1987 c 17 s 4;
     (24) RCW 82.14B.150 (Filing of tax returns -- Credit or refund for bad debts) and 2004 c 153 s 309 & 1998 c 304 s 7;
     (25) RCW 82.14B.160 (Exemption -- Activities immune from taxation under constitutions) and 1998 c 304 s 8;
     (26) RCW 82.14B.200 (Burden of proof that sale is not to subscriber -- Effect of resale certificate -- Liability if no retail certificate -- Penalties -- Exceptions) and 2002 c 341 s 12 & 1998 c 304 s 10; and
     (27) RCW 82.14B.210 (Personal liability upon termination, dissolution, or abandonment of business -- Exemptions -- Notice--Applicability -- Collections) and 1998 c 304 s 11.

NEW SECTION.  Sec. 26   2007 c 6 s 1707 (uncodified) is repealed.

NEW SECTION.  Sec. 27   Sections 1 through 7 and 9 through 23 of this act constitute a new chapter in Title 82 RCW.

NEW SECTION.  Sec. 28   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 29   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 July 1, 2009.