BP BHEAD INT H

AN ACT Relating to penalties for noncompliance with contractor registration; amending RCW 18.27.020, 18.27.220, 18.27.240, 18.27.280, 18.27.290, 18.27.340, and 18.27.350; and prescribing penalties.

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

Sec. 1. RCW 18.27.020 and 1993 c 454 s 6 are each amended to read as follows:

(1) Every contractor shall register with the department.

(2) It is a gross misdemeanor for any contractor to:

(a) Advertise, offer to do work, submit a bid, or perform any work as a contractor without being registered as required by this chapter;

(b) Advertise, offer to do work, submit a bid, or perform any work as a contractor when the contractor's registration is suspended;

(c) Use a false or expired registration number in purchasing or offering to purchase an advertisement for which a contractor registration number is required; or

(d) Transfer a valid registration to an unregistered contractor or allow an unregistered contractor to work under a registration issued to another contractor.

(3) All gross misdemeanor actions under this chapter shall be prosecuted in the county where the infraction occurs.

Sec. 2. RCW 18.27.220 and 1983 1st ex.s. c 2 s 12 are each amended to read as follows:

Willful refusal to provide information identifying a contractor as required by RCW 18.27.210 is a gross misdemeanor.

Sec. 3. RCW 18.27.240 and 1986 c 197 s 4 are each amended to read as follows:

The form of the notice of infraction issued under this chapter shall include the following:

(1) A statement that the notice represents a determination that the infraction has been committed by the contractor named in the notice and that the determination shall be final unless contested as provided in this chapter;

(2) A statement that the infraction is a noncriminal offense for which imprisonment shall not be imposed as a sanction;

(3) A statement of the specific violation which necessitated issuance of the infraction;

(4) A statement of penalty involved if the infraction is established;

(5) A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options;

(6) A statement that at any hearing to contest the notice of infraction the state has the burden of proving, by a preponderance of the evidence, that the infraction was committed; and that the contractor may subpoena witnesses, including the compliance inspector of the department who issued and served the notice of infraction;

(7) A statement, which the person who has been served with the notice of infraction shall sign, that the contractor promises to respond to the notice of infraction in one of the ways provided in this chapter;

(8) A statement that refusal to sign the infraction as directed in subsection (7) of this section is a gross misdemeanor and may be punished by a fine or imprisonment in jail; and

(9) A statement that a contractor's failure to respond to a notice of infraction as promised is a gross misdemeanor and may be punished by a fine or imprisonment in jail.

Sec. 4. RCW 18.27.280 and 1983 1st ex.s. c 2 s 10 are each amended to read as follows:

It is a gross misdemeanor for any person who has been personally served with a notice of infraction to refuse to sign a written promise to respond to the notice.

Sec. 5. RCW 18.27.290 and 1983 1st ex.s. c 2 s 11 are each amended to read as follows:

It is a gross misdemeanor for a contractor who has been personally served with a notice of infraction to willfully violate the written promise to respond to a notice of infraction as provided in this chapter, regardless of the ultimate disposition of the infraction.

Sec. 6. RCW 18.27.340 and 1986 c 197 s 10 are each amended to read as follows:

(1) A contractor found to have committed an infraction under RCW 18.27.200 shall be assessed a monetary penalty of not less than ((~~two~~)) five hundred dollars and not more than three thousand dollars.

(2) The ((~~administrative law judge~~)) director may waive, reduce, or suspend the monetary penalty imposed for the infraction only upon a showing of good cause that the penalty would be unduly burdensome to the contractor.

(3) Monetary penalties collected under this chapter shall be deposited in the general fund.

Sec. 7. RCW 18.27.350 and 1986 c 197 s 11 are each amended to read as follows:

The consumers of this state have a right to be protected from unfair or deceptive acts or practices when they enter into contracts with contractors. The fact that a contractor is found to have committed a gross misdemeanor or infraction under this chapter shall be deemed to affect the public interest and shall constitute a violation of chapter 19.86 RCW. The surety bond shall not be liable for monetary penalties or violations of chapter 19.86 RCW.