S-1404               _______________________________________________

                                                   SENATE BILL NO. 4109

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Moore, Williams and Goltz

Read first time 2/8/85 and referred to Committee on Energy and Utilities.

AN ACT Relating to the interception of telephone communications; adding a new section to chapter 49.44 RCW; repealing RCW 9.73.070; and prescribing penalties.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 49.44 RCW to read as follows:

          (1) It is unlawful for any person, firm, or corporation to intercept or monitor, or to attempt to intercept or monitor, the transmission of a message, signal, or other communication by telephone between an employee or similar agent of the person, firm, or corporation and a customer of the person, firm, or corporation unless the person, firm, or corporation does all of the following:

          (a) Clearly marks each telephone instrument in the possession of the person, firm, or corporation from which any such communication may be intercepted or in any way monitored, with accompanying explanation in each telephone directory at the next succeeding publication after the effective date of this act and all succeeding publications used by its employees or customers; and

          (b) Throughout the period of each interception or monitoring or attempted interception or monitoring, utilizes an automated tone warning device that produces a distinct warning signal or beep tone, which signal or tone is clearly audible to each party to the communication or by other audible means clearly indicates that the message, signal, or other communication is being monitored or intercepted.

          (2) Any person, firm, or corporation violating this section is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than two hundred dollars, or imprisoned in the county jail not more than one year, or both fined and imprisoned.

          (3) Nothing contained in this section requires the marking of telephone instruments and directories, nor requires consent to interception or monitoring, nor requires utilization of an automated tone warning device, in the case of a wiretap or other form of monitoring which is engaged in for the sole purpose of law enforcement and which is lawful in all other respects.

          (4) The utilities and transportation commission shall not issue any rule or regulation requiring or suggesting the monitoring of any message, signal, or other communication by telephone to or from any telephone utility customer so as to obtain the content or substance of any such communication.

NEW SECTION. Sec. 2.  Section 5, chapter 93, Laws of 1967 ex. sess. and RCW 9.73.070 are each repealed.