Passed by the House March 1, 2011 Yeas 94 Nays 3 ________________________________________ Speaker of the House of Representatives Passed by the Senate April 12, 2011 Yeas 47 Nays 0 ________________________________________ President of the Senate		CERTIFICATE I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 1867 as passed by the House of Representatives and the Senate on the dates hereon set forth. ________________________________________ Chief Clerk
Approved ________________________________________ Governor of the State of Washington		FILED Secretary of State State of Washington

Read first time 02/07/11. Referred to Committee on Business & Financial Services.

AN ACT Relating to clarifying that prepaid wireless services are not intended to be considered as gift cards or gift certificates; and amending RCW 19.240.010.

Sec. 1   RCW 19.240.010 and 2004 c 168 s 2 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Artistic and cultural organization" has the same meaning as in RCW 82.04.4328.
     (2) "Charitable organization" means an organization exempt from tax under section 501(c)(3) of the internal revenue code of 1986 (26 U.S.C. Sec. 501(c)(3)).
     (3) "Fund-raising activity" has the same meaning as in RCW 82.04.3651.
     (4)(a) "Gift card" means a record as described in subsection (5) of this section in the form of a card, or a stored value card or other physical medium, containing stored value primarily intended to be exchanged for consumer goods and services.
     (b) "Gift card" does not include prepaid telephone calling cards or prepaid commercial mobile radio services as defined in 47 C.F.R. 20.3.
     (5)(a) "Gift certificate" means an instrument evidencing a promise by the seller or issuer of the record that consumer goods or services will be provided to the bearer of the record to the value or credit shown in the record and includes gift cards.
     (b) "Gift certificate" does not include prepaid telephone calling cards or prepaid commercial mobile radio services as defined in 47 C.F.R. 20.3.
     (6) "Bearer" means a person with a right to receive consumer goods and services under the terms of a gift certificate, without regard to any fee, expiration date, or dormancy or inactivity charge.
     (7) "Issue" means to sell or otherwise provide a gift certificate to any person, and includes reloading or adding value to an existing gift certificate.
     (8) "Stored value" has the same meaning as the term "closed loop stored value device" defined in RCW 19.230.010.