BP BHEAD INT S [atlas:bill]

AN ACT Relating to telecommunication and energy taxes; amending RCW 82.04.065, 82.04.050, 82.04.060, 82.04.120, 82.04.425, 82.04.460, 82.08.020, 82.08.0289, 82.12.010, 82.12.020, 82.12.023, 82.12.035, 82.14.020, 82.14.030, 82.16.010, 82.16.020, 82.16.050, 35.21.710, 35.21.714, 35.21.715, 35.21.860, 35A.82.050, 35A.82.060, 35A.82.065, and 54.28.070; reenacting and amending RCW 82.04.190 and 82.08.02565; adding new sections to chapter 82.04 RCW; adding a new section to chapter 82.08 RCW; adding a new section to chapter 82.14 RCW; creating new sections; repealing RCW 35.21.711, 35.21.712, 35.21.865, 35.21.870, 35.21.871, 35A.82.055, 35A.82.070, 82.08.026, 82.12.022, 82.14.230, 82.16.053, and 82.16.090; and providing an effective date.

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

PART I

GENERAL DEFINITIONS AND BUSINESS AND OCCUPATION TAX

Sec. 101. RCW 82.04.065 and 1997 c 304 s 5 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.)) "Telecommunication" means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.

(2) "((~~Network telephone~~)) Telecommunication service" means the providing by any person of access to a local ((~~telephone~~)) telecommunication network, local ((~~telephone~~)) telecommunication network switching service, toll service, or coin ((~~telephone~~)) telecommunication services, or the providing of telephonic, video, data, or similar communication or transmission for hire, via a ((~~local telephone~~)) telecommunication network, toll line or channel, cable, microwave, or similar communication or transmission system. "((~~Network telephone~~)) Telecommunication service" includes interstate and international service, including toll service, originating from or received on telecommunications equipment or apparatus in this state if the charge for the service is billed to a person in this state. "((~~Network telephone~~)) Telecommunication service" includes the provision of transmission to and from the site of an internet provider via a local telephone network, toll line or channel, cable, microwave, or similar communication or transmission system. "((~~Network telephone~~)) Telecommunication service" does not include the providing of ((~~competitive telephone service, the providing of~~)) cable television service, the providing of broadcast services by radio or television stations, the providing of one-way radio paging or notification services, nor the provision of internet service as defined in RCW 82.04.297, including the reception of dial-in connection, provided at the site of the internet service provider.

((~~(3) "Telephone service" means competitive telephone service or network telephone service, or both, as defined in subsections (1) and (2) of this section.~~

(4) "Telephone business" means the business of providing network telephone service, as defined in subsection (2) of this section. It includes cooperative or farmer line telephone companies or associations operating an exchange.))

NEW SECTION. Sec. 102. A new section is added to chapter 82.04 RCW, to be codified before RCW 82.04.220, to read as follows:

"Electrical service" means the provision of electricity, including but not limited to generation, production, transmission, aggregation, distribution, and delivery.

NEW SECTION. Sec. 103. A new section is added to chapter 82.04 RCW, to be codified before RCW 82.04.220, to read as follows:

"Gas service" means the provision of natural or manufactured gas through a pipeline, including but not limited to generation, production, transmission, aggregation, distribution, and delivery.

Sec. 104. RCW 82.04.050 and 1997 c 127 s 1 are each amended to read as follows:

(1) "Sale at retail" or "retail sale" means every sale of tangible personal property (including articles produced, fabricated, or imprinted) to all persons irrespective of the nature of their business and including, among others, without limiting the scope hereof, persons who install, repair, clean, alter, improve, construct, or decorate real or personal property of or for consumers other than a sale to a person who presents a resale certificate under RCW 82.04.470 and who:

(a) Purchases for the purpose of resale as tangible personal property in the regular course of business without intervening use by such person; or

(b) Installs, repairs, cleans, alters, imprints, improves, constructs, or decorates real or personal property of or for consumers, if such tangible personal property becomes an ingredient or component of such real or personal property without intervening use by such person; or

(c) Purchases for the purpose of consuming the property purchased in producing for sale a new article of tangible personal property or substance, of which such property becomes an ingredient or component or is a chemical used in processing, when the primary purpose of such chemical is to create a chemical reaction directly through contact with an ingredient of a new article being produced for sale; or

(d) Purchases for the purpose of consuming the property purchased in producing ferrosilicon which is subsequently used in producing magnesium for sale, if the primary purpose of such property is to create a chemical reaction directly through contact with an ingredient of ferrosilicon((~~; or~~

~~(e) Purchases for the purpose of providing the property to consumers as part of competitive telephone service, as defined in RCW 82.04.065~~)).

The term shall include every sale of tangible personal property which is used or consumed or to be used or consumed in the performance of any activity classified as a "sale at retail" or "retail sale" even though such property is resold or utilized as provided in (a), (b), (c), or (d)((~~, or (e)~~)) of this subsection following such use. The term also means every sale of tangible personal property to persons engaged in any business which is taxable under RCW 82.04.280 (2) and (7) and 82.04.290.

(2) The term "sale at retail" or "retail sale" shall include the sale of or charge made for tangible personal property consumed and/or for labor and services rendered in respect to the following:

(a) The installing, repairing, cleaning, altering, imprinting, or improving of tangible personal property of or for consumers, including charges made for the mere use of facilities in respect thereto, but excluding sales of laundry service to members by nonprofit associations composed exclusively of nonprofit hospitals, and excluding services rendered in respect to live animals, birds and insects;

(b) The constructing, repairing, decorating, or improving of new or existing buildings or other structures under, upon, or above real property of or for consumers, including the installing or attaching of any article of tangible personal property therein or thereto, whether or not such personal property becomes a part of the realty by virtue of installation, and shall also include the sale of services or charges made for the clearing of land and the moving of earth excepting the mere leveling of land used in commercial farming or agriculture;

(c) The charge for labor and services rendered in respect to constructing, repairing, or improving any structure upon, above, or under any real property owned by an owner who conveys the property by title, possession, or any other means to the person performing such construction, repair, or improvement for the purpose of performing such construction, repair, or improvement and the property is then reconveyed by title, possession, or any other means to the original owner;

(d) The sale of or charge made for labor and services rendered in respect to the cleaning, fumigating, razing or moving of existing buildings or structures, but shall not include the charge made for janitorial services; and for purposes of this section the term "janitorial services" shall mean those cleaning and caretaking services ordinarily performed by commercial janitor service businesses including, but not limited to, wall and window washing, floor cleaning and waxing, and the cleaning in place of rugs, drapes and upholstery. The term "janitorial services" does not include painting, papering, repairing, furnace or septic tank cleaning, snow removal or sandblasting;

(e) The sale of or charge made for labor and services rendered in respect to automobile towing and similar automotive transportation services, but not in respect to those required to report and pay taxes under chapter 82.16 RCW;

(f) The sale of and charge made for the furnishing of lodging and all other services by a hotel, rooming house, tourist court, motel, trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property, and it shall be presumed that the occupancy of real property for a continuous period of one month or more constitutes a rental or lease of real property and not a mere license to use or enjoy the same;

(g) The sale of or charge made for tangible personal property, labor and services to persons taxable under (a), (b), (c), (d), (e), and (f) of this subsection when such sales or charges are for property, labor and services which are used or consumed in whole or in part by such persons in the performance of any activity defined as a "sale at retail" or "retail sale" even though such property, labor and services may be resold after such use or consumption. Nothing contained in this subsection shall be construed to modify subsection (1) of this section and nothing contained in subsection (1) of this section shall be construed to modify this subsection.

(3) The term "sale at retail" or "retail sale" shall include the sale of or charge made for personal, business, or professional services including amounts designated as interest, rents, fees, admission, and other service emoluments however designated, received by persons engaging in the following business activities:

(a) Amusement and recreation services including but not limited to golf, pool, billiards, skating, bowling, ski lifts and tows, day trips for sightseeing purposes, and others, when provided to consumers;

(b) Abstract, title insurance, and escrow services;

(d) Automobile parking and storage garage services;

(e) Landscape maintenance and horticultural services but excluding (i) horticultural services provided to farmers and (ii) pruning, trimming, repairing, removing, and clearing of trees and brush near electric transmission or distribution lines or equipment, if performed by or at the direction of an electric utility;

(f) Service charges associated with tickets to professional sporting events; and

(g) The following personal services: Physical fitness services, tanning salon services, tattoo parlor services, steam bath services, turkish bath services, escort services, and dating services.

(4) The term shall also include the renting or leasing of tangible personal property to consumers and the rental of equipment with an operator.

(5) The term shall also include the providing of ((~~telephone~~)) telecommunication service, ((~~as defined in RCW 82.04.065~~)) electrical service, and gas service, to consumers.

(6) The term shall not include the sale of or charge made for labor and services rendered in respect to the building, repairing, or improving of any street, place, road, highway, easement, right of way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle which is owned by a municipal corporation or political subdivision of the state or by the United States and which is used or to be used primarily for foot or vehicular traffic including mass transportation vehicles of any kind.

(7) The term shall also not include sales of chemical sprays or washes to persons for the purpose of postharvest treatment of fruit for the prevention of scald, fungus, mold, or decay, nor shall it include sales of feed, seed, seedlings, fertilizer, agents for enhanced pollination including insects such as bees, and spray materials to: (a) Persons who participate in the federal conservation reserve program, the environmental quality incentives program, the wetlands reserve program, and the wildlife habitat incentives program, or their successors administered by the United States department of agriculture; (b) farmers for the purpose of producing for sale any agricultural product; and (c) farmers acting under cooperative habitat development or access contracts with an organization exempt from federal income tax under 26 U.S.C. Sec. 501(c)(3) or the Washington state department of fish and wildlife to produce or improve wildlife habitat on land that the farmer owns or leases.

(8) The term shall not include the sale of or charge made for labor and services rendered in respect to the constructing, repairing, decorating, or improving of new or existing buildings or other structures under, upon, or above real property of or for the United States, any instrumentality thereof, or a county or city housing authority created pursuant to chapter 35.82 RCW, including the installing, or attaching of any article of tangible personal property therein or thereto, whether or not such personal property becomes a part of the realty by virtue of installation. Nor shall the term include the sale of services or charges made for the clearing of land and the moving of earth of or for the United States, any instrumentality thereof, or a county or city housing authority. Nor shall the term include the sale of services or charges made for cleaning up for the United States, or its instrumentalities, radioactive waste and other byproducts of weapons production and nuclear research and development.

Sec. 105. RCW 82.04.060 and 1996 c 148 s 3 are each amended to read as follows:

"Sale at wholesale" or "wholesale sale" means any sale of tangible personal property, any sale of amusement or recreation services as defined in RCW 82.04.050(3)(a), or any sale of ((~~telephone service as defined in RCW 82.04.065~~)) telecommunication service, electrical service, or gas service, which is not a sale at retail and means any charge made for labor and services rendered for persons who are not consumers, in respect to real or personal property, if such charge is expressly defined as a retail sale by RCW 82.04.050 when rendered to or for consumers: PROVIDED, That the term "real or personal property" as used in this section shall not include any natural products named in RCW 82.04.100.

Sec. 106. RCW 82.04.120 and 1997 c 384 s 1 are each amended to read as follows:

"To manufacture" embraces all activities of a commercial or industrial nature wherein labor or skill is applied, by hand or machinery, to materials so that as a result thereof a new, different or useful substance or article of tangible personal property is produced for sale or commercial or industrial use, and shall include the production or fabrication of special made or custom made articles, and the generation or production of electrical energy.

"To manufacture" shall not include: Conditioning of seed for use in planting; cubing hay or alfalfa; or activities which consist of cutting, grading, or ice glazing seafood which has been cooked, frozen, or canned outside this state.

Sec. 107. RCW 82.04.190 and 1996 c 173 s 2, 1996 c 148 s 4, and 1996 c 112 s 2 are each reenacted and amended to read as follows:

"Consumer" means the following:

(1) Any person who purchases, acquires, owns, holds, or uses any article of tangible personal property irrespective of the nature of the person's business and including, among others, without limiting the scope hereof, persons who install, repair, clean, alter, improve, construct, or decorate real or personal property of or for consumers other than for the purpose (a) of resale as tangible personal property in the regular course of business or (b) of incorporating such property as an ingredient or component of real or personal property when installing, repairing, cleaning, altering, imprinting, improving, constructing, or decorating such real or personal property of or for consumers or (c) of consuming such property in producing for sale a new article of tangible personal property or a new substance, of which such property becomes an ingredient or component or as a chemical used in processing, when the primary purpose of such chemical is to create a chemical reaction directly through contact with an ingredient of a new article being produced for sale or (d) purchases for the purpose of consuming the property purchased in producing ferrosilicon which is subsequently used in producing magnesium for sale, if the primary purpose of such property is to create a chemical reaction directly through contact with an ingredient of ferrosilicon;

(2)(a) Any person engaged in any business activity taxable under RCW 82.04.290; (b) any person who purchases, acquires, or uses any ((~~telephone service as defined in RCW 82.04.065~~)) telecommunication service, electrical service, or gas service, other than for resale in the regular course of business; and (c) any person who purchases, acquires, or uses any amusement and recreation service defined in RCW 82.04.050(3)(a), other than for resale in the regular course of business;

(3) Any person engaged in the business of contracting for the building, repairing or improving of any street, place, road, highway, easement, right of way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle which is owned by a municipal corporation or political subdivision of the state of Washington or by the United States and which is used or to be used primarily for foot or vehicular traffic including mass transportation vehicles of any kind as defined in RCW 82.04.280, in respect to tangible personal property when such person incorporates such property as an ingredient or component of such publicly owned street, place, road, highway, easement, right of way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle by installing, placing or spreading the property in or upon the right of way of such street, place, road, highway, easement, bridge, tunnel, or trestle or in or upon the site of such mass public transportation terminal or parking facility;

(4) Any person who is an owner, lessee or has the right of possession to or an easement in real property which is being constructed, repaired, decorated, improved, or otherwise altered by a person engaged in business, excluding only (a) municipal corporations or political subdivisions of the state in respect to labor and services rendered to their real property which is used or held for public road purposes, and (b) the United States, instrumentalities thereof, and county and city housing authorities created pursuant to chapter 35.82 RCW in respect to labor and services rendered to their real property. Nothing contained in this or any other subsection of this definition shall be construed to modify any other definition of "consumer";

(5) Any person who is an owner, lessee, or has the right of possession to personal property which is being constructed, repaired, improved, cleaned, imprinted, or otherwise altered by a person engaged in business;

(6) Any person engaged in the business of constructing, repairing, decorating, or improving new or existing buildings or other structures under, upon, or above real property of or for the United States, any instrumentality thereof, or a county or city housing authority created pursuant to chapter 35.82 RCW, including the installing or attaching of any article of tangible personal property therein or thereto, whether or not such personal property becomes a part of the realty by virtue of installation; also, any person engaged in the business of clearing land and moving earth of or for the United States, any instrumentality thereof, or a county or city housing authority created pursuant to chapter 35.82 RCW. Any such person shall be a consumer within the meaning of this subsection in respect to tangible personal property incorporated into, installed in, or attached to such building or other structure by such person;

(7) Any person who is a lessor of machinery and equipment, the rental of which is exempt from the tax imposed by RCW 82.08.020 under RCW 82.08.02565, with respect to the sale of or charge made for tangible personal property consumed in respect to repairing the machinery and equipment, if the tangible personal property has a useful life of less than one year; and

(8) Any person engaged in the business of cleaning up for the United States, or its instrumentalities, radioactive waste and other byproducts of weapons production and nuclear research and development.

Nothing contained in this or any other subsection of this definition shall be construed to modify any other definition of "consumer."

Sec. 108. RCW 82.04.425 and 1980 c 37 s 78 are each amended to read as follows:

This chapter ((~~shall~~)) does not apply to the following activities:

(1) Sales for resale by persons regularly engaged in the business of making sales of the type of property so sold to other persons similarly engaged in the business of selling such property where ((~~(1)~~)): (a) The amount paid by the buyer does not exceed the amount paid by the seller to his vendor in the acquisition of the article; and ((~~(2)~~)) (b) the sale is made as an accommodation to the buyer to enable him to fill a bona fide existing order of a customer or is made within fourteen days to reimburse in kind a previous accommodation sale by the buyer to the seller; ((~~nor to~~))

(2) Sales by a wholly owned subsidiary of a person making sales at retail which are exempt under RCW 82.08.0262 when the parent corporation shall have paid the tax imposed under this chapter; and

(3) Exchanges, deliveries, or transfers of electricity or the rights thereto by one party to another in which the second party agrees, subject to the terms and conditions of the agreement, to deliver electricity at the same or another time, including, but not limited to:

(a) The exchange of electricity for electricity between businesses providing electrical service;

(b) The transmission or transfer of electricity by one business providing electrical service to another business providing electrical service under an agreement for coordination of operations among power systems of the Pacific Northwest;

(c) The Bonneville power administration's acquisition of electric power for resale to businesses providing electrical service;

(d) The residential exchange of electric power entered into between a business providing electrical service and the administrator of the Bonneville power administration.

Sec. 109. RCW 82.04.460 and 1985 c 7 s 154 are each amended to read as follows:

(1) Any person rendering services taxable under RCW 82.04.290 and maintaining places of business both within and without this state which contribute to the rendition of such services shall, for the purpose of computing tax liability under RCW 82.04.290, apportion to this state that portion of his gross income which is derived from services rendered within this state. Where such apportionment cannot be accurately made by separate accounting methods, the taxpayer shall apportion to this state that proportion of his total income which the cost of doing business within the state bears to the total cost of doing business both within and without the state.

(2) Notwithstanding the provision of subsection (1) of this section, persons doing business both within and without the state who receive gross income from service charges, as defined in RCW 63.14.010 (relating to amounts charged for granting the right or privilege to make deferred or installment payments) or who receive gross income from engaging in business as financial institutions within the scope of chapter 82.14A RCW (relating to city taxes on financial institutions) shall apportion or allocate gross income taxable under RCW 82.04.290 to this state pursuant to rules promulgated by the department consistent with uniform rules for apportionment or allocation developed by the states.

(3) The department shall by rule provide a method or methods of apportioning or allocating gross income derived from sales of ((~~telephone services~~)) telecommunication service, electrical service, or gas service taxed under this chapter, if the gross proceeds of sales subject to tax under this chapter do not fairly represent the extent of the taxpayer's income attributable to this state. The rules shall be, so far as feasible, consistent with the methods of apportionment contained in this section and shall require the consideration of those facts, circumstances, and apportionment factors as will result in an equitable and constitutionally permissible division of the services.

PART II

STATE SALES AND USE TAXES

NEW SECTION. Sec. 201. A new section is added to chapter 82.08 RCW to read as follows:

For purposes of this chapter, "telecommunication service," "electrical service," and "gas service," are defined as provided in chapter 82.04 RCW.

Sec. 202. RCW 82.08.020 and 1992 c 194 s 9 are each amended to read as follows:

(1) There is levied and there shall be collected a tax on each retail sale in this state. The tax is equal to three percent of the selling price for sales of telecommunication service, electric service, and gas service. The tax is equal to six and five-tenths percent of the selling price for other sales.

(2) There is levied and there shall be collected an additional tax on each retail car rental, regardless of whether the vehicle is licensed in this state, equal to five and nine-tenths percent of the selling price. Ninety-one percent of the revenue collected under this subsection shall be deposited and distributed in the same manner as motor vehicle excise tax revenue collected under RCW 82.44.020(1). Nine percent of the revenue collected under this subsection shall be deposited in the transportation fund and distributed in the same manner as motor vehicle excise tax revenue collected under RCW 82.44.020(2).

(3) The taxes imposed under this chapter shall apply to successive retail sales of the same property.

(4) The rates provided in this section apply to taxes imposed under chapter 82.12 RCW as provided in RCW 82.12.020.

Sec. 203. RCW 82.08.02565 and 1996 c 247 s 2 and 1996 c 173 s 3 are each reenacted and amended to read as follows:

(1) The tax levied by RCW 82.08.020 shall not apply to sales to a manufacturer or processor for hire of machinery and equipment used directly in a manufacturing operation or research and development operation, or to sales of or charges made for labor and services rendered in respect to installing, repairing, cleaning, altering, or improving the machinery and equipment, but only when the purchaser provides the seller with an exemption certificate in a form and manner prescribed by the department by rule, and the purchaser provides the department with a duplicate of the certificate or a summary of exempt sales as the department may require. The seller shall retain a copy of the certificate for the seller's files.

(2) For purposes of this section and RCW 82.12.02565:

(a) "Machinery and equipment" means industrial fixtures, devices, and support facilities, and tangible personal property that becomes an ingredient or component thereof, including repair parts and replacement parts. "Machinery and equipment" includes pollution control equipment installed and used in a manufacturing operation or research and development operation to prevent air pollution, water pollution, or contamination that might otherwise result from the manufacturing operation or research and development operation.

(b) "Machinery and equipment" does not include:

(i) Hand tools;

(ii) Property with a useful life of less than one year;

(iii) Buildings, other than machinery and equipment that is permanently affixed to or becomes a physical part of a building; and

(iv) Building fixtures that are not integral to the manufacturing operation or research and development operation that are permanently affixed to and become a physical part of a building, such as utility systems for heating, ventilation, air conditioning, communications, plumbing, or electrical.

(c) Machinery and equipment is "used directly" in a manufacturing operation or research and development operation if the machinery and equipment:

(i) Acts upon or interacts with an item of tangible personal property;

(ii) Conveys, transports, handles, or temporarily stores an item of tangible personal property at the manufacturing site;

(iii) Controls, guides, measures, verifies, aligns, regulates, or tests tangible personal property;

(iv) Provides physical support for or access to tangible personal property;

(v) Produces power for, or lubricates machinery and equipment;

(vi) Produces another item of tangible personal property for use in the manufacturing operation or research and development operation;

(vii) Places tangible personal property in the container, package, or wrapping in which the tangible personal property is normally sold or transported; or

(viii) Is integral to research and development as defined in RCW 82.63.010.

(d) "Manufacturing operation" means the manufacturing of articles, substances, or commodities for sale as tangible personal property. The manufacturing operation begins at the point where the raw materials enter the manufacturing site and ends at the point where the finished product leaves the manufacturing site. The term ((~~also includes~~)) does not include the production of electricity, other than that portion of a cogeneration project that is used to generate power for consumption within the manufacturing site of which the cogeneration project is an integral part. The term does not include ((~~the production of electricity by a light and power business as defined in RCW 82.16.010 or~~)) the preparation of food products on the premises of a person selling food products at retail.

(e) "Cogeneration" means the simultaneous generation of electrical energy and low-grade heat from the same fuel.

(f) "Research and development operation" means engaging in research and development as defined in RCW 82.63.010 by a manufacturer or processor for hire.

Sec. 204. RCW 82.08.0289 and 1983 2nd ex.s. c 3 s 30 are each amended to read as follows:

((~~(1)~~)) The tax levied by RCW 82.08.020 shall not apply to sales of((:

~~(a) Network telephone service, other than toll service, to residential customers.~~

~~(b) Network telephone~~)) telecommunication service which is paid for by inserting coins in coin-operated ((~~telephones~~)) telecommunication equipment.

((~~(2) As used in this section:~~

~~(a) "Network telephone service" has the meaning given in RCW 82.04.065.~~

~~(b) "Residential customer" means an individual subscribing to a residential class of telephone service.~~

~~(c) "Toll service" does not include customer access line charges for access to a toll calling network.~~))

Sec. 205. RCW 82.12.010 and 1994 c 93 s 1 are each amended to read as follows:

For the purposes of this chapter:

(1)(a) "Value of the article used" shall mean the consideration, whether money, credit, rights, or other property except trade-in property of like kind, expressed in terms of money, paid or given or contracted to be paid or given by the purchaser to the seller for the article of tangible personal property or service, the use of which is taxable under this chapter. The term includes, in addition to the consideration paid or given or contracted to be paid or given, the amount of any tariff or duty paid with respect to the importation of the article used. In case the article used is acquired by lease or by gift or is extracted, produced, or manufactured by the person using the same or is sold under conditions wherein the purchase price does not represent the true value thereof, the value of the article used shall be determined as nearly as possible according to the retail selling price at place of use of similar products of like quality and character under such rules as the department of revenue may prescribe.

(b) In case the articles used are acquired by bailment, the value of the use of the articles so used shall be in an amount representing a reasonable rental for the use of the articles so bailed, determined as nearly as possible according to the value of such use at the places of use of similar products of like quality and character under such rules as the department of revenue may prescribe. In case any such articles of tangible personal property are used in respect to the construction, repairing, decorating, or improving of, and which become or are to become an ingredient or component of, new or existing buildings or other structures under, upon, or above real property of or for the United States, any instrumentality thereof, or a county or city housing authority created pursuant to chapter 35.82 RCW, including the installing or attaching of any such articles therein or thereto, whether or not such personal property becomes a part of the realty by virtue of installation, then the value of the use of such articles so used shall be determined according to the retail selling price of such articles, or in the absence of such a selling price, as nearly as possible according to the retail selling price at place of use of similar products of like quality and character or, in the absence of either of these selling price measures, such value may be determined upon a cost basis, in any event under such rules as the department of revenue may prescribe.

(c) In the case of articles owned by a user engaged in business outside the state which are brought into the state for no more than one hundred eighty days in any period of three hundred sixty-five consecutive days and which are temporarily used for business purposes by the person in this state, the value of the article used shall be an amount representing a reasonable rental for the use of the articles, unless the person has paid tax under this chapter or chapter 82.08 RCW upon the full value of the article used, as defined in (a) of this subsection.

(d) In the case of articles manufactured or produced by the user and used in the manufacture or production of products sold or to be sold to the department of defense of the United States, the value of the articles used shall be determined according to the value of the ingredients of such articles.

(e) In the case of an article manufactured or produced for purposes of serving as a prototype for the development of a new or improved product, the value of the article used shall be determined by: (i) The retail selling price of such new or improved product when first offered for sale; or (ii) the value of materials incorporated into the prototype in cases in which the new or improved product is not offered for sale;

(2) "Use," "used," "using," or "put to use" shall have their ordinary meaning, and shall mean:

(a) With respect to tangible personal property, the first act within this state by which the taxpayer takes or assumes dominion or control over the article of tangible personal property (as a consumer), and include installation, storage, withdrawal from storage, or any other act preparatory to subsequent actual use or consumption within this state; and

(b) With respect to a service, the receipt by the taxpayer of any part of the benefit afforded by the service;

(3) "Taxpayer" and "purchaser" include all persons included within the meaning of the word "buyer" and the word "consumer" as defined in chapters 82.04 and 82.08 RCW;

(4) "Retailer" means every seller as defined in RCW 82.08.010 and every person engaged in the business of selling tangible personal property at retail and every person required to collect from purchasers the tax imposed under this chapter;

(5) The meaning ascribed to words and phrases in chapters 82.04 and 82.08 RCW, insofar as applicable, shall have full force and effect with respect to taxes imposed under the provisions of this chapter. "Consumer," in addition to the meaning ascribed to it in chapters 82.04 and 82.08 RCW insofar as applicable, shall also mean any person who distributes or displays, or causes to be distributed or displayed, any article of tangible personal property, except newspapers, the primary purpose of which is to promote the sale of products or services.

Sec. 206. RCW 82.12.020 and 1996 c 148 s 5 are each amended to read as follows:

(1) There is hereby levied and there shall be collected from every person in this state a tax or excise for the privilege of using within this state as a consumer any article of tangible personal property purchased at retail, or acquired by lease, gift, repossession, or bailment, or extracted or produced or manufactured by the person so using the same, or otherwise furnished to a person engaged in any business taxable under RCW 82.04.280 (2) or (7), or any amusement or recreation service defined as a retail sale in RCW 82.04.050(3)(a), or any telecommunication service, electrical service, or gas service defined as a retail sale in RCW 82.04.050(5).

(2) This tax shall apply to the use of every service defined as a retail sale in RCW 82.04.050(3)(a), every telecommunication service, electrical service, or gas service defined as a retail sale in RCW 82.04.050(5), and the use of every article of tangible personal property, including property acquired at a casual or isolated sale, and including byproducts used by the manufacturer thereof, except as hereinafter provided, irrespective of whether the article or similar articles are manufactured or are available for purchase within this state.

(3) Except as provided in RCW 82.12.0252, payment by one purchaser or user of tangible personal property or service of the tax imposed by chapter 82.08 or 82.12 RCW shall not have the effect of exempting any other purchaser or user of the same property or service from the taxes imposed by such chapters.

(4) The tax shall be levied and collected in an amount equal to the value of the article used by the taxpayer multiplied by the rate in effect for the retail sales tax under RCW 82.08.020.

Sec. 207. RCW 82.12.023 and 1994 c 124 s 10 are each amended to read as follows:

The tax levied by RCW 82.12.020 shall not apply in respect to the use of natural or manufactured gas that is ((~~taxable under RCW 82.12.022~~)) provided as part of gas service defined as a retail sale in RCW 82.04.050(5).

Sec. 208. RCW 82.12.035 and 1996 c 148 s 6 are each amended to read as follows:

A credit shall be allowed against the taxes imposed by this chapter upon the use of tangible personal property, or services taxable under RCW 82.04.050(3)(a) or 82.04.050(5), in the state of Washington in the amount that the present user thereof or his or her bailor or donor has paid a retail sales or use tax with respect to such property to any other state of the United States, any political subdivision thereof, the District of Columbia, and any foreign country or political subdivision thereof, prior to the use of such property in Washington.

PART III

LOCAL SALES AND USE TAXES

NEW SECTION. Sec. 301. A new section is added to chapter 82.14 RCW to read as follows:

(1) The legislative authority of any county or city may impose a sales and use tax upon the sale or use of telecommunication services, electrical services, and gas services. In districts with legislative authorities of four members or less, two-thirds of the members must approve an ordinance or resolution under this section. In districts with legislative authorities of more than four members, a majority plus one vote must approve an ordinance or resolution under this section.

(2) A tax imposed under this section shall be collected from those persons who are taxable by the state pursuant to chapters 82.08 and 82.12 RCW, upon the occurrence of any taxable event within the county or city as the case may be. The rate of tax shall not exceed five and five-tenths percent of the selling price (in the case of a sales tax) or value of the service used (in the case of a use tax).

(3) Any county ordinance adopted under this section shall contain, in addition to all other provisions required to conform to this chapter, a provision allowing a credit against the county tax imposed under this section for the full amount of any city sales or use tax imposed under this section upon the same taxable event.

Sec. 302. RCW 82.14.020 and 1997 c 201 s 1 are each amended to read as follows:

For purposes of this chapter:

(1) A retail sale consisting solely of the sale of tangible personal property shall be deemed to have occurred at the retail outlet at or from which delivery is made to the consumer;

(2) A retail sale consisting essentially of the performance of personal business or professional services shall be deemed to have occurred at the place at which such services were primarily performed, except that for the performance of a tow truck service, as defined in RCW 46.55.010, the retail sale shall be deemed to have occurred at the place of business of the operator of the tow truck service;

(3) A retail sale consisting of the rental of tangible personal property shall be deemed to have occurred (a) in the case of a rental involving periodic rental payments, at the primary place of use by the lessee during the period covered by each payment, or (b) in all other cases, at the place of first use by the lessee;

(4) A retail sale within the scope of the second paragraph of RCW 82.04.050, and a retail sale of taxable personal property to be installed by the seller shall be deemed to have occurred at the place where the labor and services involved were primarily performed;

(5) A retail sale ((consisting of the providing to a consumer of telephone service, as defined in RCW 82.04.065, other than a sale of tangible personal property under subsection (1) of this section or a rental of tangible personal property under subsection (3) of this section,)) of telecommunication service shall be deemed to have occurred at the situs of the ((~~telephone or other~~)) instrument through which the ((~~telephone~~)) service is rendered;

(6) A retail sale of electric service or gas service shall be deemed to have occurred at the situs of the meter measuring the electricity or gas delivered to the consumer;

(7) "City" means a city or town;

((~~(7)~~)) (8) The meaning ascribed to words and phrases in chapters 82.04, 82.08 and 82.12 RCW, as now or hereafter amended, insofar as applicable, shall have full force and effect with respect to taxes imposed under authority of this chapter;

((~~(8)~~)) (9) "Taxable event" shall mean any retail sale, or any use of an article of tangible personal property or service, upon which a state tax is imposed pursuant to chapter 82.08 or 82.12 RCW, as they now exist or may hereafter be amended: PROVIDED, HOWEVER, That the term shall not include a retail sale taxable pursuant to RCW 82.08.150, as now or hereafter amended;

((~~(9)~~)) (10) "Treasurer or other legal depository" shall mean the treasurer or legal depository of a county or city.

Sec. 303. RCW 82.14.030 and 1989 c 384 s 6 are each amended to read as follows:

(1) The governing body of any county or city while not required by legislative mandate to do so, may, by resolution or ordinance for the purposes authorized by this chapter, fix and impose a sales and use tax in accordance with the terms of this chapter. Such tax shall be collected from those persons who are taxable by the state pursuant to chapters 82.08 and 82.12 RCW, upon the occurrence of any taxable event within the county or city as the case may be: PROVIDED, That ((~~except as provided in RCW 82.14.230,~~)) this sales and use tax shall not apply to ((~~natural or manufactured gas~~)) telecommunication service, electrical service, or gas service. The rate of such tax imposed by a county shall be five-tenths of one percent of the selling price (in the case of a sales tax) or value of the article used (in the case of a use tax). The rate of such tax imposed by a city shall not exceed five-tenths of one percent of the selling price (in the case of a sales tax) or value of the article used (in the case of a use tax): PROVIDED, HOWEVER, That in the event a county shall impose a sales and use tax under this subsection, the rate of such tax imposed under this subsection by any city therein shall not exceed four hundred and twenty-five one-thousandths of one percent.

(2) Subject to the enactment into law of the 1982 amendment to RCW 82.02.020 by section 5, chapter 49, Laws of 1982 1st ex. sess., in addition to the tax authorized in subsection (1) of this section, the governing body of any county or city may by resolution or ordinance impose an additional sales and use tax in accordance with the terms of this chapter. Such additional tax shall be collected upon the same taxable events upon which the tax imposed under subsection (1) of this section is levied. The rate of such additional tax imposed by a county shall be up to five-tenths of one percent of the selling price (in the case of a sales tax) or value of the article used (in the case of a use tax). The rate of such additional tax imposed by a city shall be up to five-tenths of one percent of the selling price (in the case of a sales tax) or value of the article used (in the case of a use tax): PROVIDED HOWEVER, That in the event a county shall impose a sales and use tax under this subsection at a rate equal to or greater than the rate imposed under this subsection by a city within the county, the county shall receive fifteen percent of the city tax: PROVIDED FURTHER, That in the event that the county shall impose a sales and use tax under this subsection at a rate which is less than the rate imposed under this subsection by a city within the county, the county shall receive that amount of revenues from the city tax equal to fifteen percent of the rate of tax imposed by the county under this subsection. The authority to impose a tax under this subsection is intended in part to compensate local government for any losses from the phase-out of the property tax on business inventories.

PART IV

STATE PUBLIC UTILITY TAX

Sec. 401. RCW 82.16.010 and 1996 c 150 s 1 are each amended to read as follows:

For the purposes of this chapter, unless otherwise required by the context:

(1) "Railroad business" means the business of operating any railroad, by whatever power operated, for public use in the conveyance of persons or property for hire. It shall not, however, include any business herein defined as an urban transportation business.

(2) "Express business" means the business of carrying property for public hire on the line of any common carrier operated in this state, when such common carrier is not owned or leased by the person engaging in such business.

(3) "Railroad car business" means the business of operating stock cars, furniture cars, refrigerator cars, fruit cars, poultry cars, tank cars, sleeping cars, parlor cars, buffet cars, tourist cars, or any other kinds of cars used for transportation of property or persons upon the line of any railroad operated in this state when such railroad is not owned or leased by the person engaging in such business.

(4) "Water distribution business" means the business of operating a plant or system for the distribution of water for hire or sale.

(5) (("Light and power business" means the business of operating a plant or system for the generation, production or distribution of electrical energy for hire or sale and/or for the wheeling of electricity for others.

~~(6) "Telegraph business" means the business of affording telegraphic communication for hire.~~

~~(7) "Gas distribution business" means the business of operating a plant or system for the production or distribution for hire or sale of gas, whether manufactured or natural.~~

~~(8)~~)) "Motor transportation business" means the business (except urban transportation business) of operating any motor propelled vehicle by which persons or property of others are conveyed for hire, and includes, but is not limited to, the operation of any motor propelled vehicle as an auto transportation company (except urban transportation business), common carrier or contract carrier as defined by RCW 81.68.010 and 81.80.010: PROVIDED, That "motor transportation business" shall not mean or include the transportation of logs or other forest products exclusively upon private roads or private highways.

((~~(9)~~)) (6) "Urban transportation business" means the business of operating any vehicle for public use in the conveyance of persons or property for hire, insofar as (a) operating entirely within the corporate limits of any city or town, or within five miles of the corporate limits thereof, or (b) operating entirely within and between cities and towns whose corporate limits are not more than five miles apart or within five miles of the corporate limits of either thereof. Included herein, but without limiting the scope hereof, is the business of operating passenger vehicles of every type and also the business of operating cartage, pickup, or delivery services, including in such services the collection and distribution of property arriving from or destined to a point within or without the state, whether or not such collection or distribution be made by the person performing a local or interstate line-haul of such property.

((~~(10)~~)) (7) "Public service business" means any of the businesses defined in ((~~subdivisions (1), (2), (3), (4), (5), (6), (7), (8), and (9)~~)) this section or any business subject to control by the state, or having the powers of eminent domain and the duties incident thereto, or any business hereafter declared by the legislature to be of a public service nature, except ((~~telephone business as defined in RCW 82.04.065~~)) telecommunication service, electrical service, or gas service and low-level radioactive waste site operating companies as redefined in RCW 81.04.010. It includes, among others, without limiting the scope hereof: Airplane transportation, boom, dock, ferry, pipe line, toll bridge, toll logging road, water transportation and wharf businesses.

((~~(11)~~)) (8) "Tugboat business" means the business of operating tugboats, towboats, wharf boats or similar vessels in the towing or pushing of vessels, barges or rafts for hire.

((~~(12)~~)) (9) "Gross income" means the value proceeding or accruing from the performance of the particular public service or transportation business involved, including operations incidental thereto, but without any deduction on account of the cost of the commodity furnished or sold, the cost of materials used, labor costs, interest, discount, delivery costs, taxes, or any other expense whatsoever paid or accrued and without any deduction on account of losses.

((~~(13)~~)) (10) The meaning attributed, in chapter 82.04 RCW, to the term "tax year," "person," "value proceeding or accruing," "business," "engaging in business," "in this state," "within this state," "cash discount," "telecommunication service," "electrical service," "gas service," and "successor" shall apply equally in the provisions of this chapter.

Sec. 402. RCW 82.16.020 and 1996 c 150 s 2 are each amended to read as follows:

(1) There is levied and there shall be collected from every person a tax for the act or privilege of engaging within this state in any one or more of the businesses herein mentioned. The tax shall be equal to the gross income of the business, multiplied by the rate set out after the business, as follows:

(a) Express((,)) and sewerage collection((~~, and telegraph~~)) businesses: Three and six-tenths percent;

(b) ((~~Light and power business: Three and sixty-two one-hundredths percent;~~

~~(c) Gas distribution business: Three and six-tenths percent;~~

~~(d)~~)) Urban transportation business: Six-tenths of one percent;

((~~(e)~~)) (c) Vessels under sixty-five feet in length, except tugboats, operating upon the waters within the state: Six-tenths of one percent;

((~~(f)~~)) (d) Motor transportation, railroad, railroad car, and tugboat businesses, and all public service businesses other than ones mentioned above: One and eight-tenths of one percent;

((~~(g)~~)) (e) Water distribution business: Four and seven-tenths percent.

(2) An additional tax is imposed equal to the rate specified in RCW 82.02.030 multiplied by the tax payable under subsection (1) of this section.

(3) Twenty percent of the moneys collected under subsection (1) of this section on water distribution businesses and sixty percent of the moneys collected under subsection (1) of this section on sewerage collection businesses shall be deposited in the public works assistance account created in RCW 43.155.050.

Sec. 403. RCW 82.16.050 and 1994 c 124 s 12 are each amended to read as follows:

In computing tax there may be deducted from the gross income the following items:

(1) Amounts derived by municipally owned or operated public service businesses, directly from taxes levied for the support or maintenance thereof: PROVIDED, That this section shall not be construed to exempt service charges which are spread on the property tax rolls and collected as taxes;

(2) Amounts derived from the sale of commodities to persons in the same public service business as the seller, for resale as such within this state. This deduction is allowed only with respect to water distribution((~~, light and power, gas distribution~~)) or other public service businesses which furnish water((~~, electrical energy, gas~~)) or any other commodity in the performance of public service businesses;

(3) Amounts actually paid by a taxpayer to another person taxable under this chapter as the latter's portion of the consideration due for services furnished jointly by both, if the total amount has been credited to and appears in the gross income reported for tax by the former;

(4) The amount of cash discount actually taken by the purchaser or customer;

(5) The amount of credit losses actually sustained by taxpayers whose regular books of accounts are kept upon an accrual basis;

(6) Amounts derived from business which the state is prohibited from taxing under the Constitution of this state or the Constitution or laws of the United States;

(7) Amounts derived from the distribution of water through an irrigation system, for irrigation purposes;

(8) Amounts derived from the transportation of commodities from points of origin in this state to final destination outside this state, or from points of origin outside this state to final destination in this state, with respect to which the carrier grants to the shipper the privilege of stopping the shipment in transit at some point in this state for the purpose of storing, manufacturing, milling, or other processing, and thereafter forwards the same commodity, or its equivalent, in the same or converted form, under a through freight rate from point of origin to final destination; and amounts derived from the transportation of commodities from points of origin in the state to an export elevator, wharf, dock or ship side on tidewater or navigable tributaries thereto from which such commodities are forwarded, without intervening transportation, by vessel, in their original form, to interstate or foreign destinations: PROVIDED, That no deduction will be allowed when the point of origin and the point of delivery to such an export elevator, wharf, dock, or ship side are located within the corporate limits of the same city or town;

(9) ((~~Amounts derived from the production, sale, or transfer of electrical energy for resale or consumption outside the state;~~

~~(10)~~)) Amounts derived from the distribution of water by a nonprofit water association and used for capital improvements by that nonprofit water association;

((~~(11)~~)) (10) Amounts paid by a sewerage collection business taxable under RCW 82.16.020(1)(a) to a person taxable under chapter 82.04 RCW for the treatment or disposal of sewage.

PART V

CITY LICENSE FEES AND BUSINESS TAXES

Sec. 501. RCW 35.21.710 and 1983 2nd ex.s. c 3 s 33 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, any city which imposes a license fee or tax upon business activities consisting of the making of retail sales ((~~of tangible personal property~~)), as defined in RCW 82.04.050, which are measured by gross receipts or gross income from such sales, shall impose such tax at a single uniform rate upon all such business activities. The taxing authority granted to cities for taxes upon business activities measured by gross receipts or gross income from sales shall not exceed a rate of .0020; except that any city with an adopted ordinance at a higher rate, as of January 1, 1982 shall be limited to a maximum increase of ten percent of the January 1982 rate, not to exceed an annual incremental increase of two percent of current rate: PROVIDED, That any adopted ordinance which classifies according to different types of business or services shall be subject to both the ten percent and the two percent annual incremental increase limitation on each tax rate: PROVIDED FURTHER, That all surtaxes on business and occupation classifications in effect as of January 1, 1982, shall expire no later than December 31, 1982, or by expiration date established by local ordinance.

(2)(a) Any city which imposes a license fee or tax upon business activities consisting of making sales of telecommunication service, electrical service, or gas service, which are measured by gross receipts or gross income from such sales, shall impose such tax at a single uniform rate upon all such business activities. Except as provided in (b) of this subsection, the rate of license fee or tax for such business activities shall not exceed 0.0020.

(b)(i) Any city that imposed, as of July 1, 1997, a license fee or tax with a rate in excess of 0.0020 upon business activities consisting of making sales of telecommunication service, electrical service, or gas service, may continue to impose a license fee or tax upon those businesses at a rate not exceeding such rate imposed on July 1, 1997.

(ii) A city imposing a license fee or tax under this subsection (2)(b) shall allow a credit against such license fee or tax for the full amount of any sales or use tax imposed by the city or any other city or county under section 301 of this act upon the same taxable event. A credit under this subsection shall never reduce the license fee or tax to less than zero.

(iii) A license fee or tax imposed under this subsection (2)(b) shall expire six years after it is first imposed, unless extended for up to six years by referendum submitted to the voters of the city imposing the tax. A license fee or tax extended by referendum may be extended for additional periods, not exceeding six years each, by additional referenda.

(3) Cities which impose a license fee or tax upon business activities consisting of the making of retail sales ((~~of tangible personal property~~)), as defined in RCW 82.04.050, which are measured by gross receipts or gross income from such sales shall be required to submit an annual report to the state auditor identifying the rate established and the revenues received from each fee or tax. This section shall not apply to any business activities subject to the tax imposed by chapter 82.16 RCW. ((~~For purposes of this section, the providing to consumers of competitive telephone service, as defined in RCW 82.04.065, shall be deemed to be the retail sale of tangible personal property.~~))

(4) Any city which imposes license fees, franchise fees, taxes, or any combination thereof, on business activities consisting of providing cable service which are measured by gross receipts or gross income from sales, shall limit such fees or taxes so that the combined rate does not exceed eight percent on or after January 1, 2004.

(5) The definitions in this subsection apply throughout this section.

(a) "Telecommunication service," "electrical service," and "gas service," are defined as provided in chapter 82.04 RCW.

(b) "Cable service" means:

(i) The one-way transmission to subscribers of: (A) Video programming; or (B) other programming service; and

(ii) Subscriber interaction, if any, that is required for the selection or use of the video programming, or other programming service.

Sec. 502. RCW 35.21.714 and 1989 c 103 s 1 are each amended to read as follows:

Any city which imposes a license fee or tax upon the business activity of ((~~engaging in the telephone business, as defined in RCW 82.04.065, which is measured by gross receipts or gross income~~)) making sales of telecommunication service under RCW 35.21.710(2)(b) may impose the fee or tax, if it desires, on one hundred percent of the total gross revenue derived from intrastate toll telephone services subject to the fee or tax: PROVIDED, That the city shall not impose the fee or tax on that portion of ((~~network telephone~~)) telecommunication service, as defined in RCW 82.04.065, which represents charges to another telecommunications company, as defined in RCW 80.04.010, for connecting fees, switching charges, or carrier access charges relating to intrastate toll telephone services, or for access to, or charges for, interstate services, or charges for ((~~network telephone~~)) telecommunication service that is purchased for the purpose of resale.

Sec. 503. RCW 35.21.715 and 1989 c 103 s 2 are each amended to read as follows:

Notwithstanding RCW 35.21.714 or 35A.82.060, any city or town which imposes a tax upon business activities measured by gross receipts or gross income from sales under RCW 35.21.710(2)(b), may impose such tax on that portion of ((~~network telephone~~)) telecommunication service, as defined in RCW 82.04.065, which represents charges to another telecommunications company, as defined in RCW 80.04.010, for connecting fees, switching charges, or carrier access charges relating to intrastate toll services, or charges for ((~~network telephone~~)) telecommunication service that is purchased for the purpose of resale. Such tax shall be levied at the same rate as is applicable to ((~~other competitive telephone service as defined in RCW 82.04.065~~)) businesses under RCW 35.21.710(1).

Sec. 504. RCW 35.21.860 and 1983 2nd ex.s. c 3 s 39 are each amended to read as follows:

(1) No city or town may impose a franchise fee or any other fee or charge of whatever nature or description upon ((~~the light and power, or gas distribution businesses, as defined in RCW 82.16.010, or telephone business, as defined in RCW 82.04.065~~)) businesses providing telecommunication service, electrical service, or gas service, as defined in chapter 82.04 RCW, except that ((~~(a) a tax authorized by RCW 35.21.865 may be imposed and (b)~~)) a fee may be charged to such businesses that recovers actual administrative expenses incurred by a city or town that are directly related to receiving and approving a permit, license, and franchise, to inspecting plans and construction, or to the preparation of a detailed statement pursuant to chapter 43.21C RCW.

(2) Subsection (1) of this section does not prohibit franchise fees imposed on ((~~an electrical energy, natural gas, or telephone business~~)) businesses providing telecommunication service, electrical service, or gas service, as defined in chapter 82.04 RCW, by contract existing on April 20, 1982, with a city or town, for the duration of the contract, but ((~~the franchise fees shall be considered taxes for the purposes of the limitations established in RCW 35.21.865 and 35.21.870~~)) to the extent the fees exceed the costs allowable under subsection (1) of this section, the combined rate of a franchise fee, a tax under section 301 of this act, and a tax under RCW 35.21.710(2) imposed by the city shall not exceed the greater of: (a) The total rate of franchise fee and license fee or tax imposed by the city upon businesses providing telecommunication service, electrical service, or gas service, as defined in chapter 82.04 RCW, on July 1, 1997; or (b) five and seven-tenths percent.

Sec. 505. RCW 35A.82.050 and 1983 2nd ex.s. c 3 s 34 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, any code city which imposes a license fee or tax upon business activities consisting of the making of retail sales ((~~of tangible personal property~~)), as defined in RCW 82.04.050, which are measured by gross receipts or gross income from such sales, shall impose such tax at a single uniform rate upon all such business activities. This section shall not apply to any business activities subject to the tax imposed by chapter 82.16 RCW. ((~~For purposes of this section, the providing to consumers of competitive telephone service, as defined in RCW 82.04.065, shall be deemed to be the retail sale of tangible personal property.~~))

(2) Any code city which imposes a license fee or tax upon the businesses of making sales of telecommunication service, electrical service, or gas service, as defined in RCW 82.04.050, is subject to RCW 35.21.710 (2) and (4).

Sec. 506. RCW 35A.82.060 and 1989 c 103 s 3 are each amended to read as follows:

Any code city which imposes a license fee or tax upon the business activity of ((~~engaging in the telephone business, as defined in RCW 82.04.065, which is measured by gross receipts or gross income~~)) making sales of telecommunication service under RCW 35.21.710(2)(b) may impose the fee or tax, if it desires, on one hundred percent of the total gross revenue derived from intrastate toll ((~~telephone~~)) telecommunication services subject to the fee or tax: PROVIDED, That the city shall not impose the fee or tax on that portion of ((~~network telephone~~)) telecommunication service, as defined in RCW 82.04.065, which represents charges to another telecommunications company, as defined in RCW 80.04.010, for connecting fees, switching charges, or carrier access charges relating to intrastate toll ((~~telephone~~)) telecommunication services, or for access to, or charges for, interstate services, or charges for ((~~network telephone~~)) telecommunication service that is purchased for the purpose of resale.

Sec. 507. RCW 35A.82.065 and 1989 c 103 s 4 are each amended to read as follows:

Sec. 508. RCW 54.28.070 and 1941 c 245 s 3 are each amended to read as follows:

Any city or town in which a public utility district operates works, plants or facilities for the distribution and sale of electricity shall have the power to levy and collect from such district a tax on the gross revenues derived by such district from ((~~the sale of electricity~~)) retail sales of electrical service, as defined in RCW 82.04.050, within the city or town((~~, exclusive of the revenues derived from the sale of electricity for purposes of resale~~)). Such tax shall be subject to RCW 35.21.710. Such tax when levied shall be a debt of the district, and may be collected as such. Any such district shall have the power to add the amount of such tax to the rates or charges it makes for electricity so sold within the limits of such city or town.

PART VI

MISCELLANEOUS

NEW SECTION. Sec. 601. (1) The joint select committee on internet taxation is hereby created. The committee shall review the taxes applicable to internet businesses and compare those taxes with taxes applicable to businesses in competition with internet businesses. The committee shall submit its final report to the legislature by December 31, 1998.

(2) The committee shall be composed of ten members, consisting of:

(a) Two members of the senate, one from each of the two largest caucuses, appointed by the president of the senate;

(b) Two members of the house of representatives, one from each of the two largest caucuses, appointed by the speaker of the house of representatives;

(d) Two persons representing internet service providers, appointed by the president of the senate and the speaker of the house of representatives;

(e) One person representing the telecommunication industry, appointed by the president of the senate and the speaker of the house of representatives;

(f) One person representing cities, appointed by the president of the senate and the speaker of the house of representatives; and

(g) One person representing counties, appointed by the president of the senate and the speaker of the house of representatives.

(3) When making appointments under subsection (2)(f) and (g) of this section, the president of the senate and speaker of the house of representatives shall consider nominations made by the association of Washington cities and the Washington state association of counties, as appropriate.

(4) The president of the senate and the speaker of the house of representatives shall designate cochairs of the committee. The expenses of the committee members shall be reimbursed under chapters 43.03 and 44.04 RCW. Staff support for the committee shall be provided by senate committee services and house of representatives office of program research as mutually agreed by the cochairs of the joint select committee. The committee may also use the research services provided to the legislature by the department of revenue under RCW 82.01.060(4).

NEW SECTION. Sec. 602. The following acts or parts of acts are each repealed:

(1) RCW 35.21.711 and 1982 1st ex.s. c 49 s 8;

(2) RCW 35.21.712 and 1983 2nd ex.s. c 3 s 35 & 1981 c 144 s 8;

(3) RCW 35.21.865 and 1983 c 99 s 4 & 1982 1st ex.s. c 49 s 3;

(4) RCW 35.21.870 and 1984 c 225 s 6, 1983 c 99 s 5, & 1982 1st ex.s. c 49 s 4;

(5) RCW 35.21.871 and 1986 c 70 s 3;

(6) RCW 35A.82.055 and 1983 2nd ex.s. c 3 s 36 & 1981 c 144 s 9;

(7) RCW 35A.82.070 and 1986 c 70 s 6;

(8) RCW 82.08.026 and 1994 c 124 s 8 & 1989 c 384 s 4;

(9) RCW 82.12.022 and 1994 c 124 s 9 & 1989 c 384 s 3;

(10) RCW 82.14.230 and 1989 c 384 s 2;

(11) RCW 82.16.053 and 1996 c 145 s 1 & 1994 c 236 s 1; and

(12) RCW 82.16.090 and 1988 c 228 s 1.

NEW SECTION. Sec. 603. 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. 604. Part headings used in this act are not any part of the law.

NEW SECTION. Sec. 605. This act takes effect January 1, 1999.