H-4346.1  _______________________________________________

                          HOUSE BILL 3143

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State of Washington      56th Legislature     2000 Regular Session

By Representatives DeBolt and Pennington

Read first time 02/16/2000.  Referred to Committee on Technology, Telecommunications & Energy.

Requiring a list of public benefits a telecommunications company will provide a county prior to exercising its right of eminent domain.

    AN ACT Relating to telecommunications and public benefit; amending RCW 80.36.010; creating a new section; and declaring an emergency.

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

    Sec. 1.  RCW 80.36.010 and 1985 c 450 s 15 are each amended to read as follows:

(1) The right of eminent domain is hereby extended to all telecommunications companies organized or doing business in this state.

(2) Prior to exercising the right of eminent domain, a telecommunications company must submit to the county and to the commission a written determination that addresses the public benefit the county will derive from its presence.  The determination shall include without limitation:

(a) The number of access points the telecommunications company will provide to the county;

(b) The advanced telecommunications brought to the county by way of the access points; and

(c) Any other benefit.

NEW SECTION. Sec. 2.  Nothing in this act is intended to expand or limit existing rights or obligations granted under the Washington state Constitution.

NEW SECTION. Sec. 3.  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.

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