BILL REQ. #: H-2638.1
| State of Washington | 61st Legislature | 2009 Regular Session |
READ FIRST TIME 03/11/09.
AN ACT Relating to enhanced 911 emergency communications service; amending RCW 38.52.510, 38.52.520, 38.52.532, 38.52.545, 38.52.550, 38.52.561, 43.20A.725, and 80.36.430; reenacting and amending RCW 38.52.540, 43.84.092, 43.79A.040, and 43.79A.040; 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; prescribing penalties; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 A new section is added to chapter 38.52 RCW
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,
county-wide, or district-wide basis. The legislature further finds
that the most efficient and appropriate method of deriving additional
revenue for this purpose is to charge a service fee on the use of
switched access lines, radio access lines, and interconnected voice
over internet protocol service lines.
NEW SECTION. Sec. 2 A new section is added to chapter 38.52 RCW
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.
(2) "Enhanced 911 telephone 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) "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.
(4) "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.
(5) "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.
(6) "Local exchange company" has the meaning ascribed to it in RCW
80.04.010.
(7) "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.
(8) "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.
(9) "Private telecommunications system" has the meaning ascribed to
it in RCW 80.04.010.
(10) "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.
(11) "Place of primary use" has the meaning ascribed to it in RCW
82.04.065.
NEW SECTION. Sec. 3 A new section is added to chapter 38.52 RCW
to read as follows:
(1) Beginning January 1, 2010, the legislative authority of a
county may charge a county enhanced 911 service fee on the use of
switched access lines in an amount not exceeding seventy cents per
month for each switched access line. The amount of the service fee
must be uniform for each switched access line. Each county must
provide notice of the service fee 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.
(2) Beginning January 1, 2010, the legislative authority of a
county may also charge a county enhanced 911 service fee on the use of
radio access lines whose place of primary use is located within the
county in an amount not exceeding seventy cents per month for each
radio access line. The amount of the service fee must be uniform for
each radio access line. The county must provide notice of the service
fee 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 service fee must include in its
ordinance a refund mechanism whereby the amount of any service fee
ordered to be refunded by the judgment of a court of record, or as a
result of the resolution of any appeal therefrom, must be refunded to
the radio communications service company or local exchange company that
collected the service fee, and those companies must reimburse the
subscribers who paid the service fee. The ordinance must further
provide that to the extent the subscribers who paid the service fee
cannot be identified or located, the service fee paid by those
subscribers shall be returned to the county.
(3) Beginning January 1, 2010, the legislative authority of a
county may charge a county enhanced 911 service fee 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 the service fee
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. Each county must provide notice of the
service fee 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.
(4) Counties charging a county enhanced 911 service fee must
provide an annual update to the enhanced 911 coordinator detailing the
proportion of their county enhanced 911 service fee that is being spent
on:
(a) Efforts to modernize their existing 911 system; and
(b) Basic and enhanced 911 operational costs.
(5) Beginning January 1, 2010, a state enhanced 911 service fee is
charged on all switched access lines in the state. The amount of
service fee may not exceed twenty-five cents per month for each
switched access line. The service fee must be uniform for each
switched access line. The service fee charged under this subsection
must be remitted to the department of revenue by local exchange
companies on a service fee return provided by the department. Service
fee proceeds must be deposited by the treasurer in the enhanced 911
account created in RCW 38.52.540.
(6) Beginning January 1, 2010, a state enhanced 911 excise service
fee is charged on all 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 service fee must be uniform for each
radio access line. The service fee charged under this subsection must
be remitted to the department of revenue by radio communications
service companies, including those companies that resell radio access
lines, on a service fee return provided by the department. Service fee
proceeds must be deposited by the treasurer in the enhanced 911 account
created in RCW 38.52.540. The service fee charged under this section
is not subject to the state sales and use tax or any local tax.
(7) Beginning January 1, 2010, a state enhanced 911 service fee is
charged on all interconnected voice over internet protocol service
lines in the state. The amount of service fee may not exceed twenty-five cents per month for each interconnected voice over internet
protocol service line. The amount of service fee must be uniform for
each line and may 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 service fee charged under this subsection must
be remitted to the department of revenue by interconnected voice over
internet protocol service companies on a service fee return provided by
the department. Service fee proceeds must be deposited by the
treasurer in the enhanced 911 account created in RCW 38.52.540.
(8) By August 31st of each year the state enhanced 911 coordinator
must recommend the level for the next year of the state enhanced 911
service fee charged under subsection (5) of this section, based on a
systematic cost and revenue analysis, to the utilities and
transportation commission. The commission must by the following
October 31st determine the level of the state enhanced 911 service fee
for the following year.
NEW SECTION. Sec. 4 A new section is added to chapter 38.52 RCW
to read as follows:
The state enhanced 911 service fee and the county enhanced 911
service fee on switched access lines must be collected from the
subscriber by the local exchange company providing the switched access
line. The state enhanced 911 service fee and the county 911 service
fee on radio access lines must be collected from the subscriber by the
radio communications service company providing the radio access line to
the subscriber. The state enhanced 911 service fee and the county 911
service fee on interconnected voice over internet protocol service
lines must 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 service fee must be stated separately on the billing
statement that is sent to the subscriber.
NEW SECTION. Sec. 5 A new section is added to chapter 38.52 RCW
to read as follows:
(1) The state and county enhanced 911 excise service fees charged
by this chapter must be paid by the subscriber to the local exchange
company providing the switched access line, 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,
each radio communications service company, and each interconnected
voice over internet protocol service company 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 a company are deemed to be held in trust by the company
until paid to the department. Any local exchange company, radio
communications service company, or interconnected voice over internet
protocol service company that appropriates or converts the service fee
collected to its own use or to any use other than the payment of the
service fee 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, or interconnected voice over internet protocol service company
fails to collect the state or county enhanced 911 service fee or, after
collecting the service fee, 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 company is personally liable to the state for the amount of the
service fee, unless the company has taken from the buyer in good faith
a properly executed resale certificate under section 15 of this act.
(3) The amount of state and county enhanced 911 service fees, 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 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 service fee due under this
chapter is guilty of a misdemeanor. 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, 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, the radio communications service company, or the
interconnected voice over internet protocol service company the state
or county enhanced 911 service fees charged under this chapter, the
company is not liable for a subscriber's failure to pay the state
enhanced 911 service fee. The department may, in its discretion,
proceed directly against the subscriber for collection of the service
fee, in which case a penalty of ten percent may be added to the amount
of the service fee for failure of the subscriber to pay the service fee
to the company, regardless of when the service fee is collected by the
department.
NEW SECTION. Sec. 6 A new section is added to chapter 38.52 RCW
to read as follows:
The proceeds of any enhanced 911 service fee collected under this
chapter must be used by the county only for the emergency services
communication system.
NEW SECTION. Sec. 7 (1) Counties imposing the enhanced 911
service fee authorized under section 3 of this act must contract with
the department for the administration and collection of the enhanced
911 service fee prior to the effective date of a resolution or
ordinance imposing the enhanced 911 service fee. The department may
deduct a percentage amount, as provided by contract, of no more than
two percent of the enhanced 911 service fees collected to cover
administration and collection expenses incurred by the department. If
a county imposes an enhanced 911 service fee with an effective date of
January 1, 2010, the county must contract with the department for the
administration and collection of the fee by November 1, 2009.
(2) The remainder of any portion of the county enhanced 911 service
fees authorized by section 3 of this act that is collected by the
department must be deposited in the county enhanced 911 service fee
account hereby created in the custody of the state treasurer.
Expenditures from the account may be used only for distribution to
counties imposing the enhanced 911 service fee. 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. 8 (1) All moneys that accrue in the county
enhanced 911 service fee account must be distributed monthly by the
state treasurer to the counties in the amount of the fees collected on
behalf of each county, minus the administration and collection fee
retained by the department as provided in section 7 of this act.
(2) If a county imposes by resolution or ordinance an enhanced 911
service fee that is in excess of the maximum allowable county enhanced
911 service fee provided in section 7 of this act, the ordinance or
resolution may not be considered void in its entirety, but only with
respect to that portion of the enhanced 911 service fee that is in
excess of the maximum allowable fee.
NEW SECTION. Sec. 9 A new section is added to chapter 38.52 RCW
to read as follows:
The department of revenue may adopt any administrative rules
necessary to enforce and administer the state enhanced 911 service fees
imposed by this chapter.
NEW SECTION. Sec. 10 A new section is added to chapter 38.52 RCW
to read as follows:
In lieu of providing a county-wide system of emergency service
communication, the legislative authority of a county may establish one
or more less than county-wide emergency service communication districts
within the county for the purpose of providing and funding emergency
service communication systems. An emergency service communication
district is a quasi-municipal corporation, shall constitute a body
corporate, and shall possess all the usual powers of a corporation for
public purposes as well as all other powers that may now or hereafter
be specifically conferred by statute, including, but not limited to,
the authority to hire employees, staff, and services, to enter into
contracts, and to sue and be sued.
The county legislative authority shall be the governing body of an
emergency service communication district. The county treasurer shall
act as the ex officio treasurer of the emergency services communication
district. The electors of an emergency service communication district
are all registered voters residing within the district.
A county legislative authority proposing to consolidate existing
emergency service communication districts shall conduct a hearing at
the time and place specified in a notice published at least once, not
less than ten days prior to the hearing, in a newspaper of general
circulation within the emergency service communication districts. All
hearings shall be public and the county legislative authority shall
hear objections from any person affected by the consolidation of the
emergency service communication districts. Following the hearing, the
county legislative authority may consolidate the emergency service
communication districts, if the county legislative authority finds the
action to be in the public interest and adopts a resolution providing
for the action. The county legislative authority shall specify the
manner in which consolidation is to be accomplished.
A county legislative authority proposing to dissolve an existing
emergency service communication district shall conduct a hearing at the
time and place specified in a notice published at least once, not less
than ten days prior to the hearing, in a newspaper of general
circulation within the emergency service communication district. All
hearings shall be public and the county legislative authority shall
hear objections from any person affected by the dissolution of the
emergency service communication district. Following the hearing, the
county legislative authority may dissolve the emergency service
communication district, if the county legislative authority finds the
action to be in the public interest and adopts a resolution providing
for the action. The county legislative authority shall specify the
manner in which dissolution is to be accomplished and shall supervise
the liquidation of any assets and the satisfaction of any outstanding
indebtedness.
NEW SECTION. Sec. 11 A new section is added to chapter 38.52 RCW
to read as follows:
An emergency service communication district is authorized to
finance and provide an emergency service communication system and to
finance the system by charging the service fee authorized in section 3
of this act.
NEW SECTION. Sec. 12 A new section is added to chapter 38.52 RCW
to read as follows:
Sections 4 through 7 of this act apply to any emergency service
communication district established under sections 10 and 11 of this
act.
NEW SECTION. Sec. 13 A new section is added to chapter 38.52 RCW
to read as follows:
(1) A local exchange company, radio communications service company,
or a interconnected voice over internet protocol service company must
file service fee 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 company filing returns on a cash receipts
basis is not required to pay the service fee on debt subject to credit
or refund under subsection (2) of this section.
(2) A local exchange company, radio communications service company,
or interconnected voice over internet protocol service company is
entitled to a credit or refund for state enhanced 911 excise service
fees 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.
NEW SECTION. Sec. 14 A new section is added to chapter 38.52 RCW
to read as follows:
The enhanced 911 service fees charged under 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. 15 A new section is added to chapter 38.52 RCW
to read as follows:
(1) Unless a local exchange company, 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, 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, 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 service fee as provided in section 5 of this
act, unless the local exchange company, 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 enhanced 911 service fee.
(3) The penalty imposed by RCW 82.32.291 may not be assessed on
state enhanced 911 service fees 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.
NEW SECTION. Sec. 16 A new section is added to chapter 38.52 RCW
to read as follows:
(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 enhanced 911
service fee funds collected and held in trust under section 5 of this
act, or who is charged with the responsibility for the filing of
returns or the payment of state enhanced 911 service fee funds
collected and held in trust under section 5 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 enhanced 911 service fees due from the
corporation under this chapter. For the purposes of this section, any
state enhanced 911 service fees that have been paid but not collected
are deductible from the state enhanced 911 service fees collected but
not paid. 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) Persons liable under subsection (1) of this section are exempt
from liability if nonpayment of the state enhanced 911 service fee
funds held in trust is due to reasons beyond their control as
determined by the department by rule.
(4) Any person having been issued a notice of assessment under this
section is entitled to the appeal procedures under RCW 82.32.160
through 82.32.200.
(5) This section applies only if the department has determined that
there is no reasonable means of collecting the state enhanced 911
service fee funds held in trust directly from the corporation.
(6) This section does not relieve the corporation or limited
liability company of other service fee liabilities or otherwise impair
other service fee collection remedies afforded by law.
(7) Collection authority and procedures prescribed in chapter 82.32
RCW apply to collections under this section.
NEW SECTION. Sec. 17 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.
Sec. 18 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, county-wide, 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))) service fee under section 3(1) of this act 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. 19 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. 20 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))
must 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. 21 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)) service fees charged under section 3 of this act
must be deposited into the account. Moneys in the account ((shall))
may 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 of enhanced 911 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.
(2) Funds generated by the enhanced 911 ((excise tax imposed by RCW
82.14B.030(3) shall)) service fees charged under section 3(5) of this
act may not be distributed to any county that has not imposed the
maximum county enhanced 911 ((tax)) service fee allowed under ((RCW
82.14B.030(1))) section 3(1) of this act. Funds generated by the
enhanced 911 ((excise tax imposed by RCW 82.14B.030(4) shall)) service
fee charged under section 3(6) of this act may not be distributed to
any county that has not imposed the maximum county enhanced 911 ((tax))
service fee allowed under ((RCW 82.14B.030(2))) section 3(2) 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)) must 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. 22 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)) must 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. 23 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)) or
interconnected voice over internet protocol provider, or a business or
individual providing database information to enhanced 911 emergency
communication ((system)) service personnel ((shall)) is 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. 24 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)) must 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 or 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.
NEW SECTION. Sec. 25 The following acts or parts of acts are
each repealed:
(1) RCW 82.14B.010 (Findings) and 1991 c 54 s 9 & 1981 c 160 s 1;
(2) RCW 82.14B.020 (Definitions) and 2007 c 54 s 16, 2007 c 6 s
1009, 2002 c 341 s 7, 1998 c 304 s 2, 1994 c 96 s 2, 1991 c 54 s 10, &
1981 c 160 s 2;
(3) 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;
(4) 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;
(5) 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;
(6) RCW 82.14B.050 (Use of proceeds) and 1981 c 160 s 5;
(7) RCW 82.14B.060 (Administration and collection by county--Ordinance) and 1998 c 304 s 5 & 1981 c 160 s 6;
(8) 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;
(9) RCW 82.14B.070 (Emergency service communication districts--Authorized -- Consolidation -- Dissolution) and 1994 c 54 s 1 & 1987 c 17
s 1;
(10) 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;
(11) 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;
(12) 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;
(13) RCW 82.14B.160 (Exemption -- Activities immune from taxation
under constitutions) and 1998 c 304 s 8;
(14) 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;
(15) RCW 82.14B.210 (Personal liability upon termination,
dissolution, or abandonment of business -- Exemptions -- Notice--Applicability -- Collections) and 1998 c 304 s 11; and
(16) RCW 82.14B.900 (Severability -- 1981 c 160) and 1981 c 160 s 7.
NEW SECTION. Sec. 26 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. 27 Section 25 of this act takes effect January
1, 2010.
NEW SECTION. Sec. 28 The repeals in section 25 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.
Sec. 29 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.
Sec. 30 RCW 43.79A.040 and 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 service fee 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, 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.
Sec. 31 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 service fee 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.
Sec. 32 RCW 43.20A.725 and 2004 c 254 s 1 are each amended to
read as follows:
(1) The department, through the sole authority of the office or its
successor organization, shall maintain a program whereby an individual
of school age or older who possesses a hearing or speech impairment is
provided with telecommunications equipment, software, and/or peripheral
devices, digital or otherwise, that is determined by the office to be
necessary for such a person to access and use telecommunications
transmission services effectively.
(2) The department, through the sole authority of the office or its
successor organization, shall maintain a program where
telecommunications relay services of a human or electronic nature will
be provided to connect hearing impaired, deaf-blind, or speech impaired
persons with persons who do not have a hearing or speech impairment.
Such telecommunications relay services shall provide the ability for an
individual who has a hearing or speech impairment to engage in voice,
tactile, or visual communication by wire or radio with a hearing
individual in a manner that is functionally equivalent to the ability
of an individual who does not have a hearing or speech impairment to
communicate using voice or visual communication services by wire or
radio subject to subsection (4)(b) of this section.
(3) The telecommunications relay service and equipment distribution
program may operate in such a manner as to provide communications
transmission opportunities that are capable of incorporating new
technologies that have demonstrated benefits consistent with the intent
of this chapter and are in the best interests of the citizens of this
state.
(4) The office shall administer and control the award of money to
all parties incurring costs in implementing and maintaining
telecommunications services, programs, equipment, and technical support
services according to this section. The relay service contract shall
be awarded to an individual company registered as a telecommunications
company by the utilities and transportation commission, to a group of
registered telecommunications companies, or to any other company or
organization determined by the office as qualified to provide relay
services, contingent upon that company or organization being approved
as a registered telecommunications company prior to final contract
approval. The relay system providers and telecommunications equipment
vendors shall be selected on the basis of cost-effectiveness and
utility to the greatest extent possible under the program and technical
specifications established by the office.
(a) To the extent funds are available under the then-current rate
and not otherwise held in reserve or required for other purposes
authorized by this chapter, the office may award contracts for
communications and related services and equipment for hearing impaired
or speech impaired individuals accessing or receiving services provided
by, or contracted for, the department to meet access obligations under
Title 2 of the federal Americans with disabilities act or related
federal regulations.
(b) The office shall perform its duties under this section with the
goal of achieving functional equivalency of access to and use of
telecommunications services similar to the enjoyment of access to and
use of such services experienced by an individual who does not have a
hearing or speech impairment only to the extent that funds are
available under the then-current rate and not otherwise held in reserve
or required for other purposes authorized by this chapter.
(5) The program shall be funded by a telecommunications relay
service (TRS) excise tax applied to each switched access line provided
by the local exchange companies. The office shall determine, in
consultation with the office's program advisory committee, the budget
needed to fund the program on an annual basis, including both
operational costs and a reasonable amount for capital improvements such
as equipment upgrade and replacement. The budget proposed by the
office, together with documentation and supporting materials, shall be
submitted to the office of financial management for review and
approval. The approved budget shall be given by the department in an
annual budget to the department of revenue no later than March 1st
prior to the beginning of the fiscal year. The department of revenue
shall then determine the amount of telecommunications relay service
excise tax to be placed on each switched access line and shall inform
local exchange companies and the utilities and transportation
commission of this amount no later than May 1st. The department of
revenue shall determine the amount of telecommunications relay service
excise tax to be collected in the following fiscal year by dividing the
total of the program budget, as submitted by the office, by the total
number of switched access lines in the prior calendar year, as reported
to the department of revenue ((under chapter 82.14B RCW)) in the course
of its administration of section 3 of this act, and shall not exercise
any further oversight of the program under this subsection other than
administering the collection of the telecommunications relay service
excise tax as provided in RCW 82.72.010 through 82.72.090. The
telecommunications relay service excise tax shall not exceed nineteen
cents per month per access line. The telecommunications relay service
excise tax shall be separately identified on each ratepayer's bill with
the following statement: "Funds federal ADA requirement." All
proceeds from the telecommunications relay service excise tax shall be
put into a fund to be administered by the office through the
department. "Switched access line" has the meaning provided in ((RCW
82.14B.020)) section 2 of this act.
(6) The telecommunications relay service program and equipment
vendors shall provide services and equipment consistent with the
requirements of federal law for the operation of both interstate and
intrastate telecommunications services for the hearing impaired or
speech impaired. The department and the utilities and transportation
commission shall be responsible for ensuring compliance with federal
requirements and shall provide timely notice to the legislature of any
legislation that may be required to accomplish compliance.
(7) The department shall adopt rules establishing eligibility
criteria, ownership obligations, financial contributions, and a program
for distribution to individuals requesting and receiving such
telecommunications devices distributed by the office, and other rules
necessary to administer programs and services consistent with this
chapter.
Sec. 33 RCW 80.36.430 and 2004 c 254 s 2 are each amended to read
as follows:
(1) The Washington telephone assistance program shall be funded by
a telephone assistance excise tax on all switched access lines and by
funds from any federal government or other programs for this purpose.
Switched access lines are defined in ((RCW 82.14B.020)) section 2 of
this act. The telephone assistance excise tax shall be applied equally
to all residential and business access lines not to exceed fourteen
cents per month. The department shall submit an approved annual budget
for the Washington telephone assistance program to the department of
revenue no later than March 1st prior to the beginning of each fiscal
year. The department of revenue shall then determine the amount of
telephone assistance excise tax to be placed on each switched access
line and shall inform local exchange companies and the utilities and
transportation commission of this amount no later than May 1st. The
department of revenue shall determine the amount of telephone
assistance excise tax by dividing the total of the program budget
funded by the telephone assistance excise tax, as submitted by the
department, by the total number of switched access lines in the prior
calendar year. The telephone assistance excise tax shall be separately
identified on each ratepayer's bill as the "Washington telephone
assistance program." All money collected from the telephone assistance
excise tax shall be transferred to a telephone assistance fund
administered by the department.
(2) Local exchange companies shall bill the fund for their expenses
incurred in offering the telephone assistance program, including
administrative and program expenses. The department shall disburse the
money to the local exchange companies. The department is exempted from
having to conclude a contract with local exchange companies in order to
effect this reimbursement. The department shall recover its
administrative costs from the fund. The department may specify by rule
the range and extent of administrative and program expenses that will
be reimbursed to local exchange companies.
(3) The department shall enter into an agreement with the
department of community, trade, and economic development for an amount
not to exceed eight percent of the prior fiscal year's total revenue
for the administrative and program expenses of providing community
service voice mail services. The community service voice mail service
may include toll-free lines in community action agencies through which
recipients can access their community service voice mailboxes at no
charge.