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AN ACT Relating to enforcement of plumbing certificate of competency requirements; amending RCW 18.106.020, 18.106.180, 18.106.270, and 3.62.020; adding a new section to chapter 18.106 RCW; repealing RCW 18.106.025; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 18.106 RCW to read as follows:

The department of labor and industries shall establish two pilot projects in which the department will enter into an agreement with a city or county regarding compliance inspections by the participating city or county to enforce this chapter. The city or county shall be permitted, under the terms of the agreement, to submit declarations of noncompliance to the department for the department's enforcement under RCW 18.106.180. One pilot project shall be located in western Washington and one in eastern Washington.

Sec. 2. RCW 18.106.020 and 1983 c 124 s 4 are each amended to read as follows:

(1) No person may engage in or offer to engage in the trade of plumbing without having a journeyman certificate, or specialty certificate, temporary permit, or without being supervised by a person who has a journeyman certificate, specialty certificate, or temporary permit. No person may employ a person to engage in or offer to engage in the trade of plumbing unless the person employed has a journeyman certificate, specialty certificate, or temporary permit or is supervised by a person who has a journeyman certificate, specialty certificate, or temporary permit.

(2) Violation of subsection (1) of this section is an infraction. Each day in which a person engages in the trade of plumbing in violation of subsection (1) of this section or employs a person in violation of subsection (1) of this section is a separate infraction. Each worksite at which a person engages in the trade of plumbing in violation of subsection (1) of this section or at which a person is employed in violation of subsection (1) of this section is a separate infraction.

(3) Notices of infractions for violations of subsection (1) of this section may be issued to:

(a) The person engaging in or offering to engage in the trade of plumbing in violation of subsection (1) of this section;

(b) The employer of a person employed in violation of subsection (1) of this section; and

(c) The employer's supervisor who authorized the work assignment of the person employed in violation of subsection (1) of this section.

Sec. 3. RCW 18.106.180 and 1983 c 124 s 7 are each amended to read as follows:

An authorized representative of the department may issue a notice of infraction as specified in RCW 18.106.020(3) if a person who is doing plumbing work or who is offering to do plumbing work fails to produce evidence of having a certificate or permit issued by the department in accordance with this chapter or of being supervised by a person who has such a certificate or permit. A notice of infraction issued under this section shall be personally served on the person named in the notice by an authorized representative of the department.

Sec. 4. RCW 18.106.270 and 1983 c 124 s 16 are each amended to read as follows:

(1) A person found to have committed an infraction under RCW 18.106.020 shall be assessed a monetary penalty of ((~~one~~)) two hundred fifty dollars for the first infraction, and not more than one thousand dollars for a second or subsequent infraction. The department shall set by rule a schedule of penalties for infractions imposed under this chapter.

(2) The court may waive, reduce, or suspend the monetary penalty imposed for the infraction for good cause shown.

(3) Monetary penalties collected under this chapter shall be remitted as provided in chapter 3.62 RCW.

Sec. 5. RCW 3.62.020 and 1988 c 169 s 3 are each amended to read as follows:

(1) Except as provided in subsection (4) of this section, all costs, fees, fines, forfeitures and penalties assessed and collected in whole or in part by district courts, except costs, fines, forfeitures and penalties assessed and collected, in whole or in part, because of the violation of city ordinances, shall be remitted by the clerk of the district court to the county treasurer at least monthly, together with a financial statement as required by the division of municipal corporations, noting the information necessary for crediting of such funds as required by law.

(2)(a) Except as provided in (b) of this subsection, the county treasurer shall remit thirty-two percent of the money received under subsection (1) of this section except certain costs to the state treasurer. "Certain costs" as used in this subsection, means those costs awarded to prevailing parties in civil actions under RCW 4.84.010 or 36.18.040, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes if such costs are specifically designated as costs by the court and are awarded for the specific reimbursement of costs incurred by the state or county in the prosecution of the case, including the fees of defense counsel. Money remitted under this subsection to the state treasurer shall be deposited as provided in RCW 43.08.250.

(b) When money received under subsection (1) of this section is received because of a violation of chapter 18.106 RCW that is enforced using a declaration of noncompliance submitted by a city as authorized under section 1 of this act, twenty percent of the money received shall be remitted by the county treasurer to the treasurer of the city and twelve percent shall be remitted as required under (a) of this subsection.

(3) The balance of the money received by the county treasurer under subsection (1) of this section shall be deposited in the county current expense fund.

(4) All money collected for county parking infractions shall be remitted by the clerk of the district court at least monthly, with the information required under subsection (1) of this section, to the county treasurer for deposit in the county current expense fund.

NEW SECTION. Sec. 6. RCW 18.106.025 and 1983 c 124 s 5 are each repealed.