SENATE BILL REPORT

SHB 1055

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported by Senate Committee On:

Labor, Commerce & Consumer Protection, March 17, 2009

Title: An act relating to requiring workers to have licenses, certificates, or permits in their possession when performing work in certain construction trades.

Brief Description: Requiring workers to have licenses, certificates, or permits in their possession when performing work in certain construction trades.

Sponsors: House Committee on Commerce & Labor (originally sponsored by Representatives Moeller, Williams, Conway, Wood and Simpson).

Brief History: Passed House: 2/23/09, 95-0.

Committee Activity: Labor, Commerce & Consumer Protection: 3/17/09 [DP, w/oRec].

SENATE COMMITTEE ON LABOR, COMMERCE & CONSUMER PROTECTION

Majority Report: Do pass.

Signed by Senators Kohl-Welles, Chair; Keiser, Vice Chair; Franklin and Kline.

Minority Report: That it be referred without recommendation.

Signed by Senators Holmquist, Ranking Minority Member; Honeyford and King.

Staff: Ingrid Mungia (786-7423)

Background: The Department of Labor and Industries (Department) administers and enforces state laws governing certain construction-related trades. These laws require persons who perform electrical, plumbing, or conveyance work to have appropriate certificates of competency or licenses. Persons who perform such work without appropriate certificates or licenses, as well as persons who employ them, are subject to civil penalties ranging from $250 to $500 for violations of the electrician certification requirement, $250 to $1,000 for violations of the plumber certification requirement, and $500 for violations of the elevator mechanic licensing requirement.

Summary of Bill: While performing electrical, plumbing, or conveyance work, persons must have licenses and photo identification in their possession. They must produce licenses and photo identification upon request of an authorized representative of the Department. They may be required to wear and visibly display licenses pursuant to Department rules. Licenses may include photo identification.

Appropriation: None.

Fiscal Note: Available.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: PRO: This bill has been worked over a number of sessions to reduce the fiscal note. Photo identification is permissive in this bill, not required. It will allow the Department to phase in photo identification. This will help go after the underground economy. This bill originally came about because of the problems with counterfeit licenses in Oregon. We worked with the sponsor of the bill and stakeholders to come up with this language. There is broad-based, bipartisan support for this bill. This bill moves us forward to restore a level playing field. This bill would help identify people who are not licensed in this state.

Persons Testifying: PRO: Representative Moeller, prime sponsor; Tracey Preseau, Certified Electrical Workers of Washington; Bob Gorman, IBEW Local 616; Charles Val, IUEC Local 19.