2SHB 2029 -
By Representative Carlyle
ADOPTED AS AMENDED 03/30/2009
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 82.14B.010 and 1991 c 54 s 9 are each amended to read
as follows:
The legislature finds that the state and counties should be
provided with an additional revenue source to fund enhanced 911
emergency communication systems throughout the state on a
multicounty((,)) or countywide((, or district-wide)) basis. The
legislature further finds that the most efficient and appropriate
method of deriving additional revenue for this purpose is to impose an
excise tax on the use of switched access lines, radio access lines, and
interconnected voice over internet protocol service lines.
Sec. 2 RCW 82.14B.020 and 2007 c 54 s 16 and 2007 c 6 s 1009 are
each reenacted and amended to read as follows:
As used in this chapter:
(1) (("Emergency services communication system" means a
multicounty, countywide, or districtwide radio or landline
communications network, including an enhanced 911 telephone system,
which provides rapid public access for coordinated dispatching of
services, personnel, equipment, and facilities for police, fire,
medical, or other emergency services.)) "Enhanced 911 ((
(2)telephone)) communications system" means a
public telephone system consisting of a network, database, and on-premises equipment that is accessed by dialing 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 calls 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.
(((3))) (2) "Interconnected voice over internet protocol service"
has the same meaning as provided by the federal communications
commission in 47 C.F.R. Sec. 9.3 on January 1, 2009, or a subsequent
date determined by the department.
(3) "Interconnected voice over internet protocol service line"
means an interconnected voice over internet protocol service that
offers an active telephone number or successor dialing protocol
assigned by a voice over internet protocol provider to a voice over
internet protocol service customer that has inbound and outbound
calling capability, which can directly access a public safety answering
point when such a voice over internet protocol service customer has a
place of primary use in the state.
(4) "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))) (5) "Local exchange company" has the meaning ascribed to it
in RCW 80.04.010.
(((5))) (6) "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))) (7) "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 Title 47 U.S.C.
Sec. 332(d)(1), and both facilities-based and nonfacilities-based
resellers.
(((7))) (8) "Private telecommunications system" has the meaning
ascribed to it in RCW 80.04.010.
(((8))) (9) "Subscriber" means the retail purchaser of telephone
service as telephone service is defined in RCW 82.16.010, or the retail
purchaser of interconnected voice over internet protocol service.
(((9))) (10) "Place of primary use" ((has the meaning ascribed to
it in RCW 82.04.065)) means the street address representative of where
the subscriber's use of the radio access line or interconnected voice
over internet protocol service line occurs, which must be:
(a) The residential street address or the primary business street
address of the subscriber; and
(b) In the case of radio access lines, within the licensed service
area of the home service provider.
Sec. 3 RCW 82.14B.030 and 2007 c 54 s 17 and 2007 c 6 s 1024 are
each reenacted and amended to read as follows:
(1) The legislative authority of a county may impose a county
enhanced 911 excise tax on the use of switched access lines in an
amount not exceeding ((fifty)) seventy cents per month for each
switched access line. The amount of tax shall be uniform for each
switched access line. Each county shall provide notice of such tax to
all local exchange companies serving in the county at least sixty days
in advance of the date on which the first payment is due. The tax
imposed under this subsection shall be remitted to the department of
revenue by local exchange companies on a tax return provided by the
department. The tax shall be deposited in the county enhanced 911
excise tax account as provided in section 4 of this act.
(2) The legislative authority of a county may also impose a county
enhanced 911 excise tax on the use of radio access lines whose place of
primary use is located within the county in an amount not exceeding
((fifty)) seventy cents per month for each radio access line. The
amount of tax shall be uniform for each radio access line. The county
shall provide notice of such tax to all radio communications service
companies serving in the county at least sixty days in advance of the
date on which the first payment is due. Any county imposing this tax
shall include in its ordinance a refund mechanism whereby the amount of
any tax ordered to be refunded by the judgment of a court of record, or
as a result of the resolution of any appeal therefrom, shall be
refunded to the radio communications service company or local exchange
company that collected the tax, and those companies shall reimburse the
subscribers who paid the tax. The ordinance shall further provide that
to the extent the subscribers who paid the tax cannot be identified or
located, the tax paid by those subscribers shall be returned to the
county. The tax imposed under this section shall be remitted to the
department of revenue by radio communications service companies,
including those companies that resell radio access lines, on a tax
return provided by the department. The tax shall be deposited in the
county enhanced 911 excise tax account as provided in section 4 of this
act.
(3) The legislative authority of a county may impose a county
enhanced 911 excise tax on the use of interconnected voice over
internet protocol service lines in an amount not exceeding seventy
cents per month for each interconnected voice over internet protocol
service line. The amount of tax shall be uniform for each line and
shall be levied on no more than the number of voice over internet
protocol service lines on an account that are capable of simultaneous
unrestricted outward calling to the public switched telephone network.
The interconnected voice over internet protocol service company shall
use the place of primary use of the subscriber to determine which
county's enhanced 911 excise tax applies to the service provided by the
subscriber. Each county shall provide notice of such tax to all voice
over internet protocol service companies serving in the county at least
sixty days in advance of the date on which the first payment is due.
The tax imposed under this section shall be remitted to the department
of revenue by interconnected voice over internet protocol service
companies on a tax return provided by the department. The tax shall be
deposited in the county enhanced 911 excise tax account as provided in
section 4 of this act. To the extent that a local exchange carrier and
an interconnected voice over internet protocol service company jointly
provide a single service line, only one service company will be
responsible for remitting county enhanced 911 excise taxes, and nothing
in this section shall preclude service companies who jointly provide
service lines from agreeing by contract which of them shall remit the
taxes collected.
(4) Counties imposing a county enhanced 911 excise tax must provide
an annual update to the enhanced 911 coordinator detailing the
proportion of their county enhanced 911 excise tax that is being spent
on:
(a) Efforts to modernize their existing 911 system; and
(b) Basic and enhanced 911 operational costs.
(5) A state enhanced 911 excise tax is imposed on ((all)) the use
of switched access lines in the state. The amount of tax shall not
exceed twenty-five cents per month for each switched access line. The
tax shall be uniform for each switched access line. The tax imposed
under this subsection shall be remitted to the department of revenue by
local exchange companies on a tax return provided by the department.
Tax proceeds shall be deposited by the treasurer in the enhanced 911
account created in RCW 38.52.540.
(((4))) (6) A state enhanced 911 excise tax is imposed on ((all))
the use of radio access lines whose place of primary use is located
within the state in an amount of twenty-five cents per month for each
radio access line. The tax shall be uniform for each radio access
line. The tax imposed under this section shall be remitted to the
department of revenue by radio communications service companies,
including those companies that resell radio access lines, on a tax
return provided by the department. Tax proceeds shall be deposited by
the treasurer in the enhanced 911 account created in RCW 38.52.540.
The tax imposed under this section is not subject to the state sales
and use tax or any local tax.
(((5))) (7) A state enhanced 911 excise tax is imposed on the use
of interconnected voice over internet protocol service lines in the
state. The amount of tax may not exceed twenty-five cents per month
for each interconnected voice over internet protocol service line whose
place of primary use is located in the state. The amount of tax must
be uniform for each line and must be levied on no more than the number
of voice over internet protocol service lines on an account that are
capable of simultaneous unrestricted outward calling to the public
switched telephone network. The tax imposed under this subsection must
be remitted to the department of revenue by interconnected voice over
internet protocol service companies on a tax return provided by the
department. Tax proceeds must be deposited by the treasurer in the
enhanced 911 account created in RCW 38.52.540. To the extent that a
local exchange carrier and an interconnected voice over internet
protocol service company jointly provide a single service line, only
one service company will be responsible for remitting state enhanced
911 excise taxes, and nothing in this section precludes service
companies that jointly provide service lines from agreeing by contract
which of them will remit the taxes collected.
(8) By August 31st of each year the state enhanced 911 coordinator
shall recommend the level for the next year of the state enhanced 911
excise tax imposed by subsection (((3))) (5) 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 excise tax
for the following year.
NEW SECTION. Sec. 4 A new section is added to chapter 82.14B RCW
to read as follows:
(1) Counties imposing an enhanced 911 excise tax under RCW
82.14B.030 must contract with the department for the administration and
collection of the tax prior to the effective date of a resolution or
ordinance imposing the tax. The department may deduct a percentage
amount, as provided by contract, of no more than two percent of the
enhanced 911 excise taxes collected to cover administration and
collection expenses incurred by the department. If a county imposes an
enhanced 911 excise tax with an effective date of January 1, 2010, the
county must contract with the department for the administration and
collection of the tax by November 1, 2009.
(2) The remainder of any portion of the county enhanced 911 excise
tax under RCW 82.14B.030 that is collected by the department must be
deposited in the county enhanced 911 excise tax account hereby created
in the custody of the state treasurer. Expenditures from the account
may be used only for distribution to counties imposing an enhanced 911
excise tax. Only the state treasurer or his or her designee may
authorize expenditures from the account. The account is not subject to
allotment procedures under chapter 43.88 RCW, and an appropriation is
not required for expenditures.
NEW SECTION. Sec. 5 A new section is added to chapter 82.14B RCW
to read as follows:
(1) All moneys that accrue in the county enhanced 911 excise tax
account created in section 4 of this act must be distributed monthly by
the state treasurer to the counties in the amount of the taxes
collected on behalf of each county, minus the administration and
collection fee retained by the department as provided in section 4 of
this act.
(2) If a county imposes by resolution or ordinance an enhanced 911
excise tax that is in excess of the maximum allowable county enhanced
911 excise tax provided in RCW 82.14B.030, the ordinance or resolution
may not be considered void in its entirety, but only with respect to
that portion of the enhanced 911 excise tax that is in excess of the
maximum allowable tax.
Sec. 6 RCW 82.14B.040 and 2002 c 341 s 9 are each amended to read
as follows:
The state enhanced 911 excise tax and the county enhanced 911
excise tax on the use of switched access lines shall be collected from
the subscriber by the local exchange company providing the switched
access line. The state enhanced 911 excise tax and the county 911
excise tax on the use of radio access lines shall be collected from the
subscriber by the radio communications service company providing the
radio access line to the subscriber. The state and county enhanced 911
excise taxes on interconnected voice over internet protocol service
lines shall be collected from the subscriber by the interconnected
voice over internet protocol service company providing the
interconnected voice over internet protocol service line to the
subscriber. The amount of the tax shall be stated separately on the
billing statement which is sent to the subscriber.
Sec. 7 RCW 82.14B.042 and 2002 c 341 s 10 are each amended to
read as follows:
(1) The state and county enhanced 911 excise taxes imposed by this
chapter must be paid by the subscriber to the local exchange company
providing the switched access line ((or)), the radio communications
service company providing the radio access line, or the interconnected
voice over internet protocol service company providing interconnected
voice over internet protocol service, and each local exchange company
((and)), each radio communications service company, and each
interconnected voice over internet protocol service company shall
collect from the subscriber the full amount of the taxes payable. The
state and county enhanced 911 excise taxes required by this chapter to
be collected by ((the local exchange company or the radio
communications service)) a company are deemed to be held in trust by
the ((local exchange company or the radio communications service))
company until paid to the department. Any local exchange company
((or)), radio communications service company, or interconnected voice
over internet protocol service company that appropriates or converts
the tax collected to its own use or to any use other than the payment
of the tax 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 ((or)), radio communications
service, or interconnected voice over internet protocol service company
fails to collect the state or county enhanced 911 excise tax or, after
collecting the tax, 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 or the radio communications service)) company
is personally liable to the state for the amount of the tax, unless the
((local exchange company or the radio communications service)) company
has taken from the buyer in good faith a properly executed resale
certificate under RCW 82.14B.200.
(3) The amount of tax, until paid by the subscriber to the local
exchange company, the radio communications service company, the
interconnected voice over internet protocol service company, or to the
department, constitutes a debt from the subscriber to the ((local
exchange company or the radio communications service)) company. Any
((local exchange company or radio communications service)) company that
fails or refuses to collect the tax 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
tax due under this chapter is guilty of a misdemeanor. The state and
county enhanced 911 excise taxes required by this chapter to be
collected by the local exchange company ((or)), the radio
communications service company, or the interconnected voice over
internet protocol service company 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
((or)), the radio communications service company, or the interconnected
voice over internet protocol service company the state or county
enhanced 911 excise taxes imposed by this chapter and the ((local
exchange company or the radio communications service)) company has not
paid the amount of the tax to the department, the department may, in
its discretion, proceed directly against the subscriber for collection
of the tax, in which case a penalty of ten percent may be added to the
amount of the tax for failure of the subscriber to pay the tax to the
((local exchange company or the radio communications service)) company,
regardless of when the tax is collected by the department. Tax under
this chapter is due as provided under RCW 82.14B.061.
Sec. 8 RCW 82.14B.050 and 1981 c 160 s 5 are each amended to read
as follows:
The proceeds of any tax collected under this chapter shall be used
by the county only for the ((emergency services)) enhanced 911
communications system.
Sec. 9 RCW 82.14B.060 and 1998 c 304 s 5 are each amended to read
as follows:
A county legislative authority imposing a tax under this chapter
shall establish by ordinance all necessary and appropriate procedures
for the ((administration and collection of the tax, which ordinance
shall provide for reimbursement to the telephone companies for actual
costs of administration and collection of the tax imposed. The
ordinance shall also provide that the due date for remittance of the
tax collected shall be on or before the last day of the month following
the month in which the tax liability accrues)) acceptance of the county
enhanced 911 excise taxes by the department.
Sec. 10 RCW 82.14B.061 and 2002 c 341 s 11 are each amended to
read as follows:
(1) The department of revenue shall administer and shall adopt such
rules as may be necessary to enforce and administer the state and
county enhanced 911 excise taxes 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 excise taxes.
(2) The state and county enhanced 911 excise taxes 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 taxes
under RCW 82.32.045. If no other taxes are reported under RCW
82.32.045, the taxpayer shall remit tax 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 enhanced 911 excise taxes imposed by this chapter are
in addition to any taxes imposed upon the same persons under chapters
82.08 and 82.12 RCW.
Sec. 11 RCW 82.14B.150 and 2004 c 153 s 309 are each amended to
read as follows:
(1) A local exchange company ((or)), radio communications service
company, or interconnected voice over internet protocol service company
shall 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 or radio communications
service)) company filing returns on a cash receipts basis is not
required to pay tax on debt subject to credit or refund under
subsection (2) of this section.
(2) A local exchange company ((or)), radio communications service
company, or interconnected voice over internet protocol service company
is entitled to a credit or refund for state and county enhanced 911
excise taxes previously paid on bad debts, as that term is used in
Title 26 U.S.C. Sec. 166, as amended or renumbered as of January 1,
2003.
Sec. 12 RCW 82.14B.160 and 1998 c 304 s 8 are each amended to
read as follows:
The taxes imposed or authorized 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.
Sec. 13 RCW 82.14B.200 and 2002 c 341 s 12 are each amended to
read as follows:
(1) Unless a local exchange company ((or a)), radio communications
service company, or interconnected voice over internet protocol service
company 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
interconnected voice over internet protocol service line was not a sale
to a subscriber is upon the person who made the sale.
(2) If a local exchange company ((or a)), radio communications
service company, or interconnected voice over internet protocol service
company 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 or the radio communications service
company remains liable for the tax as provided in RCW 82.14B.042,
unless the local exchange company ((or)), the radio communications
service company, or the interconnected voice over internet protocol
service company 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 or county enhanced 911
excise tax.
(3) The penalty imposed by RCW 82.32.291 may not be assessed on
state or county enhanced 911 excise taxes 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.
Sec. 14 RCW 38.52.510 and 1991 c 54 s 3 are each amended to read
as follows:
By December 31, 1998, each county, singly or in combination with
adjacent counties, shall implement ((district-wide,)) countywide((,))
or multicountywide enhanced 911 emergency communications systems so
that enhanced 911 is available throughout the state. The county shall
provide funding for the enhanced 911 communication system in the county
((or district)) in an amount equal to the amount the maximum tax under
RCW 82.14B.030(1) would generate in the county ((or district)) or the
amount necessary to provide full funding of the system in the county
((or district)), whichever is less. The state enhanced 911
coordination office established by RCW 38.52.520 shall assist and
facilitate enhanced 911 implementation throughout the state.
Sec. 15 RCW 38.52.520 and 1991 c 54 s 4 are each amended to read
as follows:
A state enhanced 911 coordination office, headed by the state
enhanced 911 coordinator, is established in the emergency management
division of the department. Duties of the office shall include:
(1) Coordinating and facilitating the implementation and operation
of enhanced 911 emergency communications systems 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 excise
tax for the following year.)) Considering base needs of individual
counties for specific assistance, specify rules defining the purposes
for which available state enhanced 911 funding may be expended, with
the advice and assistance of the enhanced 911 advisory committee; and
(4) Providing an annual update to the enhanced 911 advisory
committee on how much money each county has spent on:
(a) Efforts to modernize their existing 911 system; and
(b) Basic and enhanced 911 operational costs.
Sec. 16 RCW 38.52.532 and 2006 c 210 s 2 are each amended to read
as follows:
On an annual basis, the enhanced 911 advisory committee shall
provide an update on the status of enhanced 911 service in the state to
the appropriate committees in the legislature. The update must include
progress by counties towards creating greater efficiencies in enhanced
911 operations including, but not limited to, regionalization of
facilities, centralization of equipment, and statewide purchasing.
Sec. 17 RCW 38.52.540 and 2002 c 371 s 905 and 2002 c 341 s 4 are
each reenacted and amended to read as follows:
(1) The enhanced 911 account is created in the state treasury. All
receipts from the state enhanced 911 excise taxes imposed by RCW
82.14B.030 ((shall)) must be deposited into the account. Moneys in the
account ((shall)) must be used only to support the statewide
coordination and management of the enhanced 911 communications system,
for the implementation of wireless enhanced 911 statewide, for the
modernization of enhanced 911 communications systems statewide, and to
help supplement, within available funds, the operational costs of the
system, including adequate funding of counties to enable implementation
of wireless enhanced 911 service ((and reimbursement of radio
communications service companies for costs incurred in providing
wireless enhanced 911 service pursuant to negotiated contracts between
the counties or their agents and the radio communications service
companies)) and cost recovery for the deployment, improvement, and
maintenance of phase I and phase II wireless enhanced 911 service,
including costs expended by the radio communications service company
for such purposes, and for expenses of administering the fund.
(2) Funds generated by the enhanced 911 excise tax imposed by RCW
82.14B.030(((3))) (5) shall not be distributed to any county that has
not imposed the maximum county enhanced 911 excise tax allowed under
RCW 82.14B.030(1). Funds generated by the enhanced 911 excise tax
imposed by RCW 82.14B.030(((4))) (6) shall not be distributed to any
county that has not imposed the maximum county enhanced 911 excise tax
allowed under RCW 82.14B.030(2).
(3) 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 services for all counties and shall specify by rule the additional
purposes for which moneys, if available, may be expended from this
account.
(((4) During the 2001-2003 fiscal biennium, the legislature may
transfer from the enhanced 911 account to the state general fund such
amounts as reflect the excess fund balance of the account.))
Sec. 18 RCW 38.52.545 and 2001 c 128 s 3 are each amended to read
as follows:
In specifying rules defining the purposes for which available state
enhanced 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 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 ((increasing)) modernize systems and increase 911
effectiveness.
Sec. 19 RCW 38.52.550 and 2002 c 341 s 5 are each amended to read
as follows:
A telecommunications company, ((or)) radio communications service
company, ((providing emergency communications systems or services))
interconnected voice over internet protocol service company, or a
business or individual providing database information to enhanced 911
emergency communication ((system)) 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 not in the public record,
including unpublished or unlisted subscriber information to emergency
service providers responding to calls placed to a 911 or enhanced 911
emergency service; or
(2) Design, development, installation, maintenance, or provision of
consolidated 911 or enhanced 911 emergency communication systems or
services other than an act or omission constituting gross negligence or
wanton or willful misconduct.
Sec. 20 RCW 38.52.561 and 2002 c 341 s 6 are each amended to read
as follows:
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 and interconnected
voice over internet protocol service companies to enhanced 911
emergency communications systems. 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 interconnected voice over internet protocol service
companies.
Sec. 21 RCW 43.79A.040 and 2008 c 239 s 9, 2008 c 208 s 9, 2008
c 128 s 20, and 2008 c 122 s 24 are each reenacted and amended to read
as follows:
(1) Money in the treasurer's trust fund may be deposited, invested,
and reinvested by the state treasurer in accordance with RCW 43.84.080
in the same manner and to the same extent as if the money were in the
state treasury.
(2) All income received from investment of the treasurer's trust
fund shall be set aside in an account in the treasury trust fund to be
known as the investment income account.
(3) The investment income account may be utilized for the payment
of purchased banking services on behalf of treasurer's trust funds
including, but not limited to, depository, safekeeping, and
disbursement functions for the state treasurer or affected state
agencies. The investment income account is subject in all respects to
chapter 43.88 RCW, but no appropriation is required for payments to
financial institutions. Payments shall occur prior to distribution of
earnings set forth in subsection (4) of this section.
(4)(a) Monthly, the state treasurer shall distribute the earnings
credited to the investment income account to the state general fund
except under (b) and (c) of this subsection.
(b) The following accounts and funds shall receive their
proportionate share of earnings based upon each account's or fund's
average daily balance for the period: The Washington promise
scholarship account, the college savings program account, the
Washington advanced college tuition payment program account, the
agricultural local fund, the American Indian scholarship endowment
fund, the foster care scholarship endowment fund, the foster care
endowed scholarship trust fund, the students with dependents grant
account, the basic health plan self-insurance reserve account, the
contract harvesting revolving account, the Washington state combined
fund drive account, the commemorative works account, the county
enhanced 911 excise tax account, the Washington international exchange
scholarship endowment fund, the toll collection account, the
developmental disabilities endowment trust fund, the energy account,
the fair fund, the family leave insurance account, the food animal
veterinarian conditional scholarship account, the fruit and vegetable
inspection account, the future teachers conditional scholarship
account, the game farm alternative account, the GET ready for math and
science scholarship account, the grain inspection revolving fund, the
juvenile accountability incentive account, the law enforcement
officers' and firefighters' plan 2 expense fund, the local tourism
promotion account, the pilotage account, the produce railcar pool
account, the regional transportation investment district account, the
rural rehabilitation account, the stadium and exhibition center
account, the youth athletic facility account, the self-insurance
revolving fund, the sulfur dioxide abatement account, the children's
trust fund, the Washington horse racing commission Washington bred
owners' bonus fund account, the Washington horse racing commission
class C purse fund account, the individual development account program
account, the Washington horse racing commission operating account
(earnings from the Washington horse racing commission operating account
must be credited to the Washington horse racing commission class C
purse fund account), the life sciences discovery fund, the Washington
state heritage center account, the reduced cigarette ignition
propensity account, and the reading achievement account. However, the
earnings to be distributed shall first be reduced by the allocation to
the state treasurer's service fund pursuant to RCW 43.08.190.
(c) The following accounts and funds shall receive eighty percent
of their proportionate share of earnings based upon each account's or
fund's average daily balance for the period: The advanced right-of-way
revolving fund, the advanced environmental mitigation revolving
account, the city and county advance right-of-way revolving fund, the
federal narcotics asset forfeitures account, the high occupancy vehicle
account, the local rail service assistance account, and the
miscellaneous transportation programs account.
(5) In conformance with Article II, section 37 of the state
Constitution, no trust accounts or funds shall be allocated earnings
without the specific affirmative directive of this section.
NEW SECTION. Sec. 22 The following acts or parts of acts are
each repealed:
(1) RCW 82.14B.070 (Emergency service communication districts--Authorized -- Consolidation -- Dissolution) and 1994 c 54 s 1 & 1987 c 17
s 1;
(2) 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; and
(3) 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.
NEW SECTION. Sec. 23 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. 24 The office of the code reviser may
alphabetize the account names in RCW 43.79A.040 during codification.
NEW SECTION. Sec. 25 (1) Except as otherwise provided in this
section, this act takes effect August 1, 2009.
(2) Sections 1 through 3, 5 through 8, 11 through 20, and 22 of
this act take effect January 1, 2010."
Correct the title.
EFFECT: Restructures language to work within existing E-911 statutes. Allows a local exchange carrier and VOIP provider to contractually arrange as to who will remit the E-911 charge. Eliminates authorization to create less than countywide emergency communication districts. Makes other technical changes.