S‑0634.1   _____________________________________________






State of Washington      57th Legislature     2001 Regular Session


By Senators Kastama, B. Sheldon, Rasmussen, Franklin, Snyder, Prentice, Costa, Fraser, McAuliffe, Kohl‑Welles, Fairley, Jacobsen, Kline, Winsley and Eide


Read first time 01/12/2001.  Referred to Committee on Economic Development & Telecommunications.

_1      AN ACT Relating to the establishment and operation of a do not

_2  call list for commercial telephone solicitation; amending RCW

_3  19.158.110 and 43.79A.040; adding new sections to chapter 19.158

_4  RCW; and prescribing penalties.




_6      Sec. 1.  RCW 19.158.110 and 1989 c 20 s 11 are each amended to read

_7  as follows:

_8      (1) Within the first minute of the telephone call, a commercial

_9  telephone solicitor or salesperson shall:

10      (a) Identify himself or herself, the company on whose behalf

11  the solicitation is being made, the property, goods, or services

12  being sold; and

13      (b) Terminate the telephone call within ten seconds if the

14  purchaser indicates he or she does not wish to continue the

15  conversation.

16      (2) If at any time during the telephone contact, the purchaser

17  states or indicates that he or she does not wish to be called

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_1  again by the commercial telephone solicitor or wants to have his

_2  or her name and individual telephone number removed from the

_3  telephone lists used by the commercial telephone solicitor:

_4      (a) The commercial telephone solicitor shall not make any

_5  additional commercial telephone solicitation of the called party

_6  at that telephone number within a period of at least one year; and

_7      (b) The commercial telephone solicitor shall not sell or give

_8  the called party's name and telephone number to another commercial

_9  telephone solicitor:  PROVIDED, That the commercial  telephone

10  solicitor may return the list, including the called party's name

11  and telephone number, to the company or organization from which it

12  received the list.

13      (3) The utilities and transportation commission shall by rule

14  ensure that telecommunications companies inform their residential

15  customers of the provisions of this section and section 2 of this

16  act.  The notification may be made by:

17      (a) Annual inserts in the billing statements mailed to

18  residential customers; or

19      (b) Conspicuous publication of the notice in the consumer

20  information pages of local telephone directories.

21      (4) If a sale or an agreement to purchase is completed, the

22  commercial telephone solicitor must inform the purchaser of his or

23  her cancellation rights as enunciated in this chapter, state the

24  registration number issued by the department of licensing, and

25  give the street address of the seller.

26      (5) If, at any time prior to sale or agreement to purchase, the

27  commercial telephone solicitor's registration number is requested

28  by the purchaser, it must be provided.

29      (6) All oral disclosures required by this section shall be made

30  in a clear and intelligible manner.


31      NEW SECTION.  Sec. 2.  A new section is added to chapter 19.158

32  RCW to read as follows:

33      (1)(a) The department of licensing shall provide for the

34  establishment and operation of a list of telephone numbers of

35  persons who object to receiving commercial telephone

36  solicitations.  The list shall be called the do not call list.  The

37  department shall update the list quarterly, and shall provide the

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_1  list, in written or electronic form, to commercial telephone

_2  solicitors for a reasonable fee.  The department shall determine the

_3  fee amount.

_4      (b) Persons wishing to have their phone numbers placed on the

_5  list must notify the department of licensing.  A listing shall be

_6  effective for one year, after which the person may renew the

_7  listing for successive one-year periods by notifying the

_8  department of licensing.  The department of licensing shall

_9  determine the notification requirements.

10      (c) All fees collected by the department of licensing under

11  this section, or civil penalties collected by the attorney general

12  in enforcing this section, shall be deposited in the commercial

13  telephone solicitation list account created in section 3 of this

14  act, and used solely for the administration of this section.

15      (2) No commercial telephone solicitor may make a commercial

16  telephone solicitation to any telephone number more than thirty

17  days after the number appears on the current do not call list.

18      (3) The legislature finds that the practices covered by this

19  section are matters vitally affecting the public interest for the

20  purpose of applying the consumer protection act, chapter 19.86

21  RCW.  A violation of this section is not reasonable in relation to

22  the development and preservation of business and is an unfair or

23  deceptive act in trade or commerce and an unfair method of

24  competition for the purpose of applying the consumer protection

25  act, chapter 19.86 RCW.  In addition to any other penalties or

26  remedies available under this chapter or chapter 19.86 RCW, a

27  person injured by a violation of subsection (2) of this section

28  may bring an action for recovery of liquidated damages in the

29  amount of one thousand dollars per violation, plus court costs and

30  attorneys' fees.

31      (4) The director of the department of licensing may make rules,

32  create forms, and issue orders as necessary to carry out the

33  provisions of this section.


34      NEW SECTION.  Sec. 3.  A new section is added to chapter 19.158

35  RCW to read as follows:

36      The commercial telephone solicitation list account is created

37  in the custody of the state treasury.  All moneys received by the

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_1  department under section 2 of this act or civil penalties

_2  collected by the attorney general in enforcing section 2 of this

_3  act shall be deposited in the commercial telephone solicitation

_4  list account and used solely for the administration of section 2

_5  of this act.  Only the director of the department of licensing or

_6  the director's designee may authorize expenditures from the

_7  account.  The account is subject to allotment procedures under

_8  chapter 43.88 RCW, but no appropriation is required for

_9  expenditures.


10      Sec. 4.  RCW 43.79A.040 and 2000 c 79 s 45 are each amended to read

11  as follows:

12      (1) Money in the treasurer's trust fund may be deposited,

13  invested, and reinvested by the state treasurer in accordance with

14  RCW 43.84.080 in the same manner and to the same extent as if the

15  money were in the state treasury.

16      (2) All income received from investment of the treasurer's

17  trust fund shall be set aside in an account in the treasury trust

18  fund to be known as the investment income account.

19      (3) The investment income account may be utilized for the

20  payment of purchased banking services on behalf of treasurer's

21  trust funds including, but not limited to, depository,

22  safekeeping, and disbursement functions for the state treasurer or

23  affected state agencies.  The investment income account is subject

24  in all respects to chapter 43.88 RCW, but no appropriation is

25  required for payments to financial institutions.  Payments shall

26  occur prior to distribution of earnings set forth in subsection

27  (4) of this section.

28      (4)(a) Monthly, the state treasurer shall distribute the

29  earnings credited to the investment income account to the state

30  general fund except under (b) and (c) of this subsection.

31      (b) The following accounts and funds shall receive their

32  proportionate share of earnings based upon each account's or

33  fund's average daily balance for the period:  The Washington

34  advanced college tuition payment program account, the agricultural

35  local fund, the American Indian scholarship endowment fund, the

36  basic health plan self-insurance reserve account, the commercial

37  telephone solicitation list account, the Washington international

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_1  exchange scholarship endowment fund, the developmental

_2  disabilities endowment trust fund, the energy account, the fair

_3  fund, the game farm alternative account, the grain inspection

_4  revolving fund, the juvenile accountability incentive account, the

_5  rural rehabilitation account, the stadium and exhibition center

_6  account, the youth athletic facility ((grant)) account, the self-

_7  insurance revolving fund, the sulfur dioxide abatement account,

_8  and the children's trust fund.  However, the earnings to be

_9  distributed shall first be reduced by the allocation to the state

10  treasurer's service fund pursuant to RCW 43.08.190.

11      (c) The following accounts and funds shall receive eighty

12  percent of their proportionate share of earnings based upon each

13  account's or fund's average daily balance for the period:  The

14  advanced right of way revolving fund, the advanced environmental

15  mitigation revolving account, the federal narcotics asset

16  forfeitures account, the high occupancy vehicle account, the local

17  rail service assistance account, and the miscellaneous

18  transportation programs account.

19      (5) In conformance with Article II, section 37 of the state

20  Constitution, no trust accounts or funds shall be allocated

21  earnings without the specific affirmative directive of this

22  section.


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