BILL REQ. #: H-2120.2
State of Washington | 61st Legislature | 2009 Regular Session |
READ FIRST TIME 02/20/09.
AN ACT Relating to enhanced 911 emergency communications service; amending RCW 38.52.501, 38.52.510, 38.52.520, 38.52.530, 38.52.545, and 38.52.550; reenacting and amending RCW 38.52.540 and 43.84.092; adding new sections to chapter 38.52 RCW; creating new sections; repealing RCW 82.14B.010, 82.14B.030, 82.14B.040, 82.14B.042, 82.14B.050, 82.14B.060, 82.14B.061, 82.14B.070, 82.14B.090, 82.14B.100, 82.14B.150, 82.14B.160, 82.14B.200, and 82.14B.210; repealing 2007 c 6 s 1707 (uncodified); prescribing penalties; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 38.52.501 and 2002 c 341 s 1 are each amended to read
as follows:
(1) The legislature finds that statewide enhanced 911 has proven to
be a lifesaving service and that routing a 911 call to the appropriate
public safety answering point with a display of the caller's
identification and location should be available for all users of
telecommunications services, regardless of the technology used to make
and transmit the 911 call. The legislature also finds that it is in
the best public interest to ensure that there is adequate ongoing
funding to support enhanced 911 service.
(2) The legislature further finds that some internet protocol-enabled voice providers already meet the definition of a local exchange
company that provides switched access lines, resulting in these
providers having been responsible for collecting taxes under chapter
82.14 RCW prior to the repeal of this tax under this act. Therefore,
it is the intent of the legislature to establish enhanced 911 service
fees on a number of defined communications services, including, but not
limited to, internet protocol-enabled voice services to ensure that all
providers of internet protocol-enabled voice services will be
responsible for collecting the enhanced 911 service fees imposed under
this act in a consistent manner.
NEW SECTION. Sec. 2 The legislature finds that the state and
counties should be provided with revenue sources to fund enhanced 911
emergency communications service throughout the state on a countywide
or multicounty basis. The legislature further finds that the most
efficient and appropriate method of deriving revenues for this purpose
is to impose enhanced 911 service fees on wireline, wireless, internet
protocol-enabled voice, and other communications services capable of
transmitting voice or data to 911.
Sec. 3 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 one or more adjacent counties, shall implement ((district-wide,))
countywide((,)) or multicounty-wide 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))) the enhanced
911 service fees under section 11 of this act would generate in the
county ((or district)) or the amount necessary to provide full funding
of the ((system)) services 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. 4 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 extended, with
the advice and assistance of the enhanced 911 advisory committee.
Sec. 5 RCW 38.52.530 and 2006 c 210 s 1 are each amended to read
as follows:
(1) The enhanced 911 advisory committee is created to advise and
assist the state enhanced 911 coordinator in coordinating and
facilitating the implementation and operation of enhanced 911
throughout the state. The director shall appoint members of the
committee who represent diverse geographical areas of the state and
include state residents who are members of the national emergency
number association, the ((associated)) association of public
communications officers Washington chapter, the Washington state fire
chiefs association, the Washington association of sheriffs and police
chiefs, the Washington state council of firefighters, the Washington
state council of police officers, the Washington ambulance association,
the state fire protection policy board, the Washington fire
commissioners association, the Washington state patrol, ((the
association of Washington)) a representative of cities, the Washington
state association of counties, the utilities and transportation
commission or commission staff, a representative of a voice over
internet protocol service company, and an equal number of
representatives of large and small local exchange telephone companies
and large and small radio communications service companies offering
commercial mobile radio service in the state.
(2) This section expires December 31, 2011.
Sec. 6 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)) service fees imposed under section 12 of this act shall be
deposited into the account. Moneys in the account shall be used only
to support the statewide coordination and management of the enhanced
911 system, ((for the implementation of wireless enhanced 911
statewide,)) for the modernization and operation of enhanced 911
emergency communications service statewide, including all
communications services capable of transmitting voice or data to 911,
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)) counties' 911 operational costs.
(2) Funds generated by the state enhanced 911 ((excise tax imposed
by RCW 82.14B.030(3) shall)) service fee imposed under section 12 of
this act may not be distributed to any county that has not imposed the
((maximum county enhanced 911 tax allowed under RCW 82.14B.030(1).
Funds generated by the enhanced 911 excise tax imposed by RCW
82.14B.030(4) shall not be distributed to any county that has not
imposed the maximum county enhanced 911 tax allowed under RCW
82.14B.030(2))) county enhanced 911 service fee allowed under section
11 of this act.
(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. 7 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 911 systems and increase 911
effectiveness.
Sec. 8 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))
internet protocol-enabled voice service provider, and providers of
other communications services capable of transmitting voice or data to
enhanced 911 emergency communications service 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.
NEW SECTION. Sec. 9 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, internet protocol-enabled voice service providers, and
providers of other communications services capable of transmitting
voice or data to enhanced 911 emergency communications service. 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 internet protocol-enabled
voice service providers or other providers capable of transmitting
voice or data to enhanced 911 emergency communications.
NEW SECTION. Sec. 10 For the purposes of sections 11 through 19
of this act, the following definitions apply:
(1) "Department" means the department of revenue.
(2) "Enhanced 911 emergency communications service" means a public
communications access system consisting of a network, database, and on-premises equipment that is accessed by dialing or accessing 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 voice or data 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. "Enhanced 911 emergency communications
service" includes the modernization to next generation 911 systems.
(3) "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) "Local exchange company" has the meaning ascribed to it in RCW
80.04.010.
(5) "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) "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 47 U.S.C. Sec.
332(d)(1), and both facilities-based and nonfacilities-based resellers.
(7) "Private telecommunications system" has the meaning ascribed to
it in RCW 80.04.010.
(8) "Subscriber" means the retail purchaser of telecommunications
service or a competitive telephone service.
(9) "Telecommunications service" and "competitive telephone
service" each have the meaning ascribed to those terms in RCW
82.04.065.
(10) "Place of primary use" means the street address representative
of where the subscriber's use of a communications service primarily
occurs, which must be: (a) The residential street address or the
primarily business street address of the subscriber; and (b) within the
licensed area of the home service provider if applicable.
(11) "Communications service" means any service that: (a) Uses
telephone numbers or internet protocol addresses or their functional
equivalents or successors; (b) is capable of accessing, connecting
with, or interfacing with the enhanced 911 emergency communications
service by dialing, initializing, or otherwise activating the enhanced
911 emergency communications service regardless of the transmission
medium or technology employed; and (c) provides or enables real-time or
interactive communications. "Communications service" includes but is
not limited to any telecommunications service that involves the
provision of switched access lines, radio access lines, or internet
protocol-enabled voice.
(12) "Communications service provider" means any entity that
provides communications service including, but not limited to, local
exchange companies, radio communications service companies, and
internet protocol-enabled voice providers.
(13) "Internet protocol-enabled voice" has the same meaning as
"interconnected VoIP services" provided by the federal communications
commission in 47 C.F.R. Sec. 64.601.
(14) "Person" has the same meaning as provided in RCW 82.04.030.
NEW SECTION. Sec. 11 (1) Effective January 1, 2010, the
legislative authority of a county may impose an enhanced 911 service
fee on the use of telecommunications and communications service to
switched access lines, radio access lines, internet protocol-enabled
voice or data services or other communications services capable of
transmitting voice or data to 911. The service provider shall use the
place of primary use of the subscriber to determine which county's fee
applies to the service provided to the subscriber. The county enhanced
911 service fee, if imposed, shall be:
(a) For the period beginning January 1, 2010, and extending through
December 31, 2011, the amount of the fee imposed shall be ninety cents
per month for each subscriber with active service;
(b) For the period beginning January 1, 2012, and extending through
December 31, 2013, the amount of the fee imposed shall be one dollar
and twenty cents per month for each subscriber with active service; and
(c) For the period beginning January 1, 2014, the amount of the fee
imposed shall be one dollar and fifty cents per month for each
subscriber with active service.
(2) The department shall administer any enhanced 911 service fee
imposed by counties. By November 1, 2009, each county imposing the fee
with an effective date of January 1, 2010, must contract with the
department for the administration of the fee. The department may
charge an administrative fee for revenues to cover the cost of
administering the county 911 service fee.
(3) Communications service providers must collect the fee imposed
by a county from the persons subscribing to the service provided by the
communications service provider and shall remit the collected fees to
the department in the form, manner, and frequency that the department
prescribes.
(4) Chapter 82.32 RCW applies to the administration, collection,
and enforcement of the county enhanced 911 service fees.
NEW SECTION. Sec. 12 (1) A state enhanced 911 service fee is
imposed on telecommunications and communications service to switched
access lines, radio access lines, internet protocol-enabled voice
services, and other communications services capable of transmitting
voice or data to 911 in the state. The amount of the fee shall be
twenty-five cents per month for each switched access line, radio access
line, internet protocol-enabled voice services, or other communications
services capable of transmitting voice or data to 911 with active
service during the month.
(2) The state enhanced 911 service fee and the county enhanced 911
service fee must be collected from the subscriber by the communications
service provider for telecommunications or communications services,
including but not limited to switched access lines, radio access lines,
internet protocol-enabled voice services, and all other communications
services capable of transmitting voice or data to 911. If the
communications service provider provides a billing statement to the
subscriber, any service fee imposed by a county and the state must be
separately stated on the billing statement sent to the subscriber.
(3) Chapter 82.32 RCW applies to the administration, collection,
and enforcement of the state enhanced 911 service fee.
NEW SECTION. Sec. 13 (1) The state and county enhanced 911
service fees imposed by this chapter must be paid by the subscriber to
the local exchange company providing the switched access line, the
radio communications company providing the radio access line, the
internet protocol-enabled voice service provider providing internet
protocol-enabled voice service, or the other communications service
provider providing other communications service capable of accessing
and transmitting voice or data to 911. Each local exchange company,
radio communications service company, internet protocol-enabled voice
service provider, and other communications service provider must
collect from the subscriber the full amount of the service fees
payable. The state and county enhanced 911 service fees required by
this chapter to be collected by the local exchange company, the radio
communications service company, the internet protocol-enabled voice
service provider, or other communications service provider are deemed
to be held in trust by the local exchange company, radio communications
service company, internet protocol-enabled voice service provider, or
other communications service provider until paid to the department.
Any local exchange company, radio communications service company,
internet protocol-enabled voice service provider, or other
communications service provider that appropriates or converts the fees
collected to its own use or to any use other than the payment of the
fees 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, radio communications service
company, internet protocol-enabled voice service provider, or other
communications service provider fails to collect the state or county
enhanced 911 service fees or, after collecting the fees, fails to pay
it to the department in the manner prescribed by chapter 82.32 RCW,
whether such failure is the result of its own act or the result of acts
or conditions beyond its control, the local exchange company, radio
communications service company, internet protocol-enabled voice service
provider, or other communications service provider is personally liable
to the state for the amount of the fees.
(3) The amount of the state or county enhanced 911 service fees,
until paid by the subscriber to the local exchange company, the radio
communications service company, the internet protocol-enabled voice
service provider, or other communications service provider or to the
department, constitutes a debt from the subscriber to the local
exchange company, radio communications service company, internet
protocol-enabled voice service provider, or other communications
service provider. Any local exchange company, radio communications
service company, internet protocol-enabled voice service provider, or
other communications service provider that fails or refuses to collect
the state or county enhanced 911 service fees 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 fee due under this chapter is guilty of a misdemeanor.
(4) If a subscriber has failed to pay to the local exchange
company, radio communications service company, internet protocol-enabled voice service provider, or other communications service
provider the state or county enhanced 911 service fee authorized by
this chapter and the local exchange company, radio communications
service company, internet protocol-enabled voice service provider, or
other communications service provider has not paid the amount of the
state or county enhanced 911 service fees to the department, the
department may, in its discretion, proceed directly against the
subscriber for collection of the state or county enhanced 911 service
fees, in which case a penalty of ten percent may be added to the amount
of the fees for failure of the subscriber to pay the fees to the local
exchange company, radio communications service company, internet
protocol-enabled voice service provider, or other communications
service provider regardless of when the fees are collected by the
department.
NEW SECTION. Sec. 14 The department may adopt any administrative
rules necessary to enforce and administer the state and county enhanced
911 service fees imposed by this chapter.
NEW SECTION. Sec. 15 The proceeds of any county enhanced 911
service fees collected under this chapter shall be used by the county
only for enhanced 911 emergency communications services.
NEW SECTION. Sec. 16 A county legislative authority must
establish by ordinance all necessary and appropriate procedures for the
acceptance of the county enhanced 911 service fees by the department.
NEW SECTION. Sec. 17 The state and county enhanced 911 service
fees 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.
NEW SECTION. Sec. 18 (1) Upon termination, dissolution, or
abandonment of a corporate or limited liability company business, any
officer, member, manager, or other person having control or supervision
of state or county enhanced 911 service fee funds collected and held in
trust under sections 11, 12, and 13 of this act, or who is charged with
the responsibility for the filing of returns or the payment of state or
county enhanced 911 service fee funds collected and held in trust under
sections 11, 12, and 13 of this act, is personally liable for any
unpaid service fees and interest and penalties on those service fees,
if such officer or other person willfully fails to pay or to cause to
be paid any state or county enhanced 911 service fees due from the
corporation under this chapter. For purposes of this subsection
"willfully fails to pay or to cause to be paid" means that the failure
was the result of an intentional, conscious, and voluntary course of
action.
(2) The officer, member, manager, or other person is liable only
for service fees collected that became due during the period he or she
had the control, supervision, responsibility, or duty to act for the
corporation described in subsection (1) of this section, plus interest
and penalties on those service fees.
(3) Any person having been issued a notice of assessment under this
section is entitled to the appeal procedures under chapter 82.32 RCW.
(4) This section does not relieve the corporation or limited
liability company of other tax liabilities or otherwise impair other
tax collection remedies afforded by law.
(5) Collection authority and procedures prescribed in chapter 82.32
RCW apply to collections under this section.
Sec. 19 RCW 43.84.092 and 2008 c 128 s 19 and 2008 c 106 s 4 are
each reenacted and amended to read as follows:
(1) All earnings of investments of surplus balances in the state
treasury shall be deposited to the treasury income account, which
account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive
funds associated with federal programs as required by the federal cash
management improvement act of 1990. The treasury income account is
subject in all respects to chapter 43.88 RCW, but no appropriation is
required for refunds or allocations of interest earnings required by
the cash management improvement act. Refunds of interest to the
federal treasury required under the cash management improvement act
fall under RCW 43.88.180 and shall not require appropriation. The
office of financial management shall determine the amounts due to or
from the federal government pursuant to the cash management improvement
act. The office of financial management may direct transfers of funds
between accounts as deemed necessary to implement the provisions of the
cash management improvement act, and this subsection. Refunds or
allocations shall occur prior to the distributions of earnings set
forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income
account may be utilized for the payment of purchased banking services
on behalf of treasury funds including, but not limited to, depository,
safekeeping, and disbursement functions for the state treasury and
affected state agencies. The treasury 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) Monthly, the state treasurer shall distribute the earnings
credited to the treasury income account. The state treasurer shall
credit the general fund with all the earnings credited to the treasury
income account except:
The following accounts and funds shall receive their proportionate
share of earnings based upon each account's and fund's average daily
balance for the period: The aeronautics account, the aircraft search
and rescue account, the budget stabilization account, the capitol
building construction account, the Cedar River channel construction and
operation account, the Central Washington University capital projects
account, the charitable, educational, penal and reformatory
institutions account, the cleanup settlement account, the Columbia
river basin water supply development account, the common school
construction fund, the county arterial preservation account, the county
criminal justice assistance account, the county sales and use tax
equalization account, the data processing building construction
account, the deferred compensation administrative account, the deferred
compensation principal account, the department of licensing services
account, the department of retirement systems expense account, the
developmental disabilities community trust account, the drinking water
assistance account, the drinking water assistance administrative
account, the drinking water assistance repayment account, the Eastern
Washington University capital projects account, the education
construction fund, the education legacy trust account, the election
account, the energy freedom account, the enhanced 911 account, the
essential rail assistance account, The Evergreen State College capital
projects account, the federal forest revolving account, the ferry bond
retirement fund, the freight congestion relief account, the freight
mobility investment account, the freight mobility multimodal account,
the grade crossing protective fund, the health services account, the
public health services account, the health system capacity account, the
personal health services account, the high capacity transportation
account, the state higher education construction account, the higher
education construction account, the highway bond retirement fund, the
highway infrastructure account, the highway safety account, the high
occupancy toll lanes operations account, the industrial insurance
premium refund account, the judges' retirement account, the judicial
retirement administrative account, the judicial retirement principal
account, the local leasehold excise tax account, the local real estate
excise tax account, the local sales and use tax account, the medical
aid account, the mobile home park relocation fund, the motor vehicle
fund, the motorcycle safety education account, the multimodal
transportation account, the municipal criminal justice assistance
account, the municipal sales and use tax equalization account, the
natural resources deposit account, the oyster reserve land account, the
pension funding stabilization account, the perpetual surveillance and
maintenance account, the public employees' retirement system plan 1
account, the public employees' retirement system combined plan 2 and
plan 3 account, the public facilities construction loan revolving
account beginning July 1, 2004, the public health supplemental account,
the public transportation systems account, the public works assistance
account, the Puget Sound capital construction account, the Puget Sound
ferry operations account, the Puyallup tribal settlement account, the
real estate appraiser commission account, the recreational vehicle
account, the regional mobility grant program account, the resource
management cost account, the rural arterial trust account, the rural
Washington loan fund, the safety and education account, the site
closure account, the small city pavement and sidewalk account, the
special category C account, the special wildlife account, the state
employees' insurance account, the state employees' insurance reserve
account, the state investment board expense account, the state
investment board commingled trust fund accounts, the state patrol
highway account, the supplemental pension account, the Tacoma Narrows
toll bridge account, the teachers' retirement system plan 1 account,
the teachers' retirement system combined plan 2 and plan 3 account, the
tobacco prevention and control account, the tobacco settlement account,
the transportation 2003 account (nickel account), the transportation
equipment fund, the transportation fund, the transportation improvement
account, the transportation improvement board bond retirement account,
the transportation infrastructure account, the transportation
partnership account, the traumatic brain injury account, the tuition
recovery trust fund, the University of Washington bond retirement fund,
the University of Washington building account, the urban arterial trust
account, the volunteer firefighters' and reserve officers' relief and
pension principal fund, the volunteer firefighters' and reserve
officers' administrative fund, the Washington fruit express account,
the Washington judicial retirement system account, the Washington law
enforcement officers' and firefighters' system plan 1 retirement
account, the Washington law enforcement officers' and firefighters'
system plan 2 retirement account, the Washington public safety
employees' plan 2 retirement account, the Washington school employees'
retirement system combined plan 2 and 3 account, the Washington state
health insurance pool account, the Washington state patrol retirement
account, the Washington State University building account, the
Washington State University bond retirement fund, the water pollution
control revolving fund, and the Western Washington University capital
projects account. Earnings derived from investing balances of the
agricultural permanent fund, the normal school permanent fund, the
permanent common school fund, the scientific permanent fund, and the
state university permanent fund shall be allocated to their respective
beneficiary accounts. All earnings to be distributed under this
subsection (4)(a) shall first be reduced by the allocation to the state
treasurer's service fund pursuant to RCW 43.08.190.
(5) In conformance with Article II, section 37 of the state
Constitution, no treasury accounts or funds shall be allocated earnings
without the specific affirmative directive of this section.
NEW SECTION. Sec. 20 The following acts or parts of acts, as now
existing or hereafter amended, are each repealed, effective January 1,
2010:
(1) RCW 82.14B.010 (Findings) and 1991 c 54 s 9 & 1981 c 160 s 1;
(2) RCW 82.14B.030 (County enhanced 911 excise tax on use of
switched access lines and radio access lines authorized -- Amount -- State
enhanced 911 excise tax -- Amount.) and 2007 c 54 s 17 & 2007 c 6 s 1024;
(3) RCW 82.14B.040 (Collection of tax) and 2002 c 341 s 9, 1998 c
304 s 4, 1994 c 96 s 4, 1991 c 54 s 12, & 1981 c 160 s 4;
(4) RCW 82.14B.042 (Payment and collection of taxes -- Penalties for
violations) and 2002 c 341 s 10, 2000 c 106 s 2, & 1998 c 304 s 9;
(5) RCW 82.14B.050 (Use of proceeds) and 1981 c 160 s 5;
(6) RCW 82.14B.060 (Administration and collection by county--Ordinance) and 1998 c 304 s 5 & 1981 c 160 s 6;
(7) RCW 82.14B.061 (Administration by department -- Extending
reporting periods) and 2002 c 341 s 11, 2000 c 106 s 3, & 1998 c 304 s
6;
(8) RCW 82.14B.070 (Emergency service communication districts--Authorized -- Consolidation -- Dissolution) and 1994 c 54 s 1 & 1987 c 17
s 1;
(9) 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;
(10) 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;
(11) RCW 82.14B.150 (Filing of tax returns -- Credit or refund for
bad debts) and 2004 c 153 s 309 & 1998 c 304 s 7;
(12) RCW 82.14B.160 (Exemption -- Activities immune from taxation
under constitutions) and 1998 c 304 s 8;
(13) RCW 82.14B.200 (Burden of proof that sale is not to
subscriber -- Effect of resale certificate -- Liability if no retail
certificate -- Penalties -- Exceptions) and 2002 c 341 s 12 & 1998 c 304 s
10; and
(14) RCW 82.14B.210 (Personal liability upon termination,
dissolution, or abandonment of business -- Exemptions -- Notice--Applicability -- Collections) and 1998 c 304 s 11.
NEW SECTION. Sec. 21 2007 c 6 s 1707 (uncodified) is repealed.
NEW SECTION. Sec. 22 Sections 10 through 18 of this act are each
added to chapter
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 repeals in section 20 of this act do
not affect any existing right acquired or liability or obligation
incurred under the statutes repealed or under any rule or order adopted
under those statutes, nor do they affect any proceeding instituted
under them.