2671-S AMS ETT S4987.1

SHB 2671 - S COMM AMD

By Committee on Energy, Technology & Telecommunications

    Strike everything after the enacting clause and insert the following:

    "Sec. 1.  RCW 82.16.090 and 1988 c 228 s 1 are each amended to read as follows:

(1) The definitions in this subsection apply for the purposes of this section and section 2 of this act.

(a) "Business" means a cable television business, light and power business, gas distribution business, or telephone business.

(b) "Cable television business" means the business of providing cable service as provided in the federal telecommunications act of 1996.

(c) "Light and power business" and "gas distribution business" are defined as provided in RCW 82.16.010.

(d) "Telephone business" is defined as provided in RCW 82.04.065.

(2) Any customer billing issued by a ((light or power business or gas distribution)) business that serves a total of more than twenty thousand customers and operates within the state shall include the following information:

    (((1))) (a) The rates and amounts of taxes paid directly by the customer upon products or services rendered by the ((light and power business or gas distribution)) business; and

    (((2))) (b) The rate, origin, and ((approximate)) amount of each tax levied upon the ((revenue of the)) light and power ((business or)), gas distribution ((business and)), and cable television businesses, or the origin and amount of each tax levied upon telecommunications businesses, added as a component of the amount charged to the customer.  Taxes ((based upon revenue of the light and power business or gas distribution)) levied upon the business to be listed on the customer billing need not include taxes levied by the federal government or taxes levied under chapters 54.28, 80.24, or 82.04 RCW.

NEW SECTION. Sec. 2.  A new section is added to chapter 82.32A RCW to read as follows:

    (1) A business shall establish procedures and remedies for resolving customer complaints regarding the erroneous billing of taxes under RCW 82.16.090 (as recodified by this act).

    (2) A business shall make reasonable efforts to accurately determine the location of customers for the purpose of billing taxes under RCW 82.16.090 (as recodified by this act).

    (3) Upon written request of a business, a city or town shall provide in a timely manner copies of any maps, street addresses, geographical information system data bases, or other information in its possession that would assist in determining the location of customers of the business, unless the information would be exempt from public inspection and copying under chapter 42.17 RCW.  Information obtained by a business under this subsection may not be used for commercial purposes.

    (4) A city or town shall notify a business of any annexations at least sixty days before the annexation is effective.

    (5) Except as provided in subsection (6) of this section, the remedies for erroneous billing of tax amounts shall be the procedures established by businesses as required in subsection (1) of this section.

    (6) The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW.  A pattern of willful violations of this section is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.

NEW SECTION. Sec. 3.  RCW 82.16.090 is recodified as a section in chapter 82.32A RCW.

NEW SECTION. Sec. 4.  The requirement under RCW 82.16.090 (as recodified by this act) that cable television and telephone businesses include the rates of taxes on customer billings does not apply to customer billings issued before January 1, 2001."

SHB 2671 - S COMM AMD

By Committee on Energy, Technology & Telecommunications

    On page 1, line 1 of the title, after "billings;" strike the remainder of the title and insert "amending RCW 82.16.090; adding new sections to chapter 82.32A RCW; creating a new section; and recodifying RCW 82.16.090."

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