HOUSE BILL REPORT

ESHB 454

BYHouse Committee on State Government (originally sponsored by Representatives Cooper, H. Sommers, B. Williams and Unsoeld; by request of Governor Gardner)

Revising various boards and commissions.

House Committe on State Government

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (9)

     Signed by Representatives H. Sommers, Chair; Peery, Vice Chair; Baugher, Chandler, Hankins, O'Brien, Sayan, Taylor and Walk.

House Staff:Pam Madson (786-7135)

AS PASSED HOUSE MARCH 10, 1987

BACKGROUND:

Law Revision Commission.  The Law Revision Commission, created in 1982, was intended to study Washington law, recommend elimination of obsolete statutes, and encourage clarification of the Revised Code of Washington.  The enabling legislation was partially vetoed and the commission was never funded or staffed. It has operated intermittently as a citizen organization.

Board of Electrical Examiners.  The Board of Electrical Examiners consists of nine members appointed by the governor.  The board establishes both general and specialty electrical contractors licenses, and prepares and administers written license examinations to ensure the competence of electricians.  The board also advises the director of the Department of Labor and Industries on the need for additional electrical inspectors.  Members are compensated and are paid for travel expenses.

Electrical Advisory Board.  The Electrical Advisory Board advises the director of the Department of Labor and Industries on regulation of electrical installations, primarily as they relate to the electrical code. The board consists of seven members appointed by the governor from lists of nominees submitted by interested groups.  Members are appointed from an electrical utility, an installation contractor, a manufacturer of electrical materials, and the public.  Other members include a "recognized" electrician, a professional engineer, and the state chief electrical inspector. Members are not compensated but are reimbursed for travel expenses.

Work Study Advisory Committee.  The Work Study Advisory Committee (referred to in statute as a panel) was created as part of the College Work Study Program in 1974.  It advises the Higher Education Coordinating Board on the structure, operating rules, and allocation of funds for the Work Study Program.  The ten-member committee has representatives from four-year public universities, four-year private universities, community colleges, vocational-technical schools, and labor.

State Board for Certification of Librarians. The State Board for Certification of Librarians was created in 1935 to establish testing and educational procedures and issue required certificates for professional librarians.  The board consists of the state librarian, the director of the School of Librarianship at the University of Washington, and a member nominated by the Washington Library Association, and appointed by the governor.

State Energy Advisory Council.  The State Energy Advisory Council was established in 1981 and has thirteen members (nine appointed by the governor, two from the Senate, and two from the House of Representatives equally representing both parties).  The council advises the director of the State Energy Office and provides guidance in setting the state's energy policies.

Mobile Home and Recreational Vehicle Advisory Board.  The Mobile Home and Recreational Vehicle Advisory Board advises the director of the Department of Labor and Industries on design standards, construction, inspection procedures, and rules and regulations on the manufacture of mobile homes and recreational vehicles.  The board consists of eight members appointed by the governor on the advice of the director of Labor and Industries.

Factory Built Housing Advisory Board.  The Factory Built Housing Advisory Board advises the director of the Department of Labor and Industries on rules and regulations relating to the safety and structural soundness of factory built structures.  The board is composed of eleven members, appointed by the governor, who are broadly representative of industries and professions involved in factory built structures.

State Commission on Equipment.  The Commission on Equipment adopts and enforces rules and regulations on vehicles, vehicle equipment, and tow truck operators who tow vehicles at the request of the State Patrol.  The commission consists of the chief of the Washington State Patrol, the director of Licensing, and the secretary of Transportation.

Board of Examiners for Wastewater Operator Certification.  The Board of Examiners for Wastewater Operator Certification prepares and administers examinations for operators of wastewater treatment facilities and water purification plants.  The board is composed of one representative each from the Department of Ecology and Department of Social and Health Services, plus seven representatives from specific interests.

Forest Practices Advisory Committee. The Forest Practices Advisory Committee was created in April 1974 to propose regulations for the Forest Practices Board.  The committee completed its work in August 1974 and is not active.

Winter Recreation Advisory Committee, Snowmobile Advisory Committee, and the Forest Practices Board.  The Winter Recreation Advisory Committee, the Snowmobile Advisory Committee, and the Forest Practices Board include in their membership, citizen members, representatives of state agencies, and county legislative representatives.  Of the total membership of these committees, only the agency representatives and the county representatives are not reimbursed for travel expenses, but must look to their respective department, county government or association for payment of travel expenses.

Community College Boards of Trustees.  Each community college district has a board of five trustees appointed by the governor.  Each trustee shall be a resident and qualified elector of the community college district;  and shall not be an employee of the community college system, a school board member, a governing board member of any public or private educational institution, or an elected officer or member of a municipal corporation legislative authority.

SUMMARY:

The statutes concerning the Law Revision Committee are repealed.

The Electrical Advisory Board is renamed the Electrical Board and the number of members is increased from seven to nine.  The Board of Electrical Examiners is abolished and its duties are assumed by the new board.  Representation on the new board is the same as that of the Electrical Advisory Board, with three exceptions:  (1) The chief electrical inspector is removed, (2) the number of members from a firm involved in electrical installations is increased from one to two, and (3) the number of "recognized" electricians is increased from one to three.  The governor appoints members to the board but the requirement that appointees be selected from submitted lists is removed.  Board members are to be compensated ($50 per day) in addition to receiving reimbursement for travel expenses.

The references to a panel which makes recommendations to the Higher Education Coordinating Board on the state's Work Study Program are eliminated, and the functions are assumed by the board.

The State Board for Certification of Librarians is abolished, and its powers and duties are assigned to the State Library Commission.

The Energy Advisory Council is abolished and the director of the Energy Office may establish advisory committees as necessary.

The Mobile Home and Recreational Vehicle Advisory Board is renamed the Factory Assembled Structures Advisory Board. The Factory Built Housing Advisory Board is abolished and its duties are transferred to the new board.  The new board consists of nine members who are representative of consumers and the industry and are appointed by the director of Labor and Industries, instead of the governor.

The Commission on Equipment is abolished and its duties transferred to the chief of the Washington State Patrol.  Statutory references to the commission are changed to the State Patrol.

The Board of Examiners for Wastewater Operator Certification is abolished and its functions relating to wastewater operator certification are assumed by the director of the Department of Ecology.  The board's functions relating to water purification plant operator certification are assumed by the secretary of the Department of Social and Health Services.  Both the director of Ecology and the secretary of the Department of Social and Health Services shall designate representatives of regulated groups who will advise the director and the secretary.

The section of law creating the Forest Practices Advisory Committee is repealed.

All members of the Winter Recreation Advisory Committee, the Snowmobile Advisory Committee, and the Forest Practices Board are eligible to receive reimbursement for travel expenses.

A community college district trustee is no longer prohibited from also serving as an elected officer or member of a municipal corporation legislative authority.

EFFECT OF SENATE AMENDMENT(S):  All references to the Board of Electrical Examiners, the Electrical Advisory Board and the Board of Examiners for Wastewater Operator Certification are deleted, which in effect reinstates each of these boards as they are currently constituted.

Fiscal Note:    Attached.

House Committee ‑ Testified For:     Fred Hellberg, Office of the Governor; Joe Dear, Department of Labor and Industries; Ed McGuire, State Energy Office; Jim Salatino, International Brotherhood of Electrical Workers; Eric Slagle, Department of Social and Health Services; Dave Jansen, Department of Ecology; and Gary Smith, Independent Business Association (partly for).

House Committee - Testified Against: Steve Washburn, National Electrical Contractors Association; Paul Briggs, Electrical Advisory Board; and Jay Starr, Electrical Advisory Board.

House Committee - Testimony For:     This proposal will streamline state government operations by eliminating, consolidating and modifying eleven boards and commissions. Combining the two electrical boards will eliminate duplication. Including a member representing the general public can provide a valuable perspective to a technical board.  Proposed make-up broadens the base of the board and allows for more input from different components of the industry.

House Committee - Testimony Against: The two electrical boards do not duplicate functions.  The make-up of the proposed electrical board does not include some segments of the industry. As a technical board, all members should have knowledge of the industry. Current membership proposal is not specific enough.

VOTE ON FINAL PASSAGE:

     Yeas 91; Nays 6; Excused 1

Voting Nay:     Representatives Barnes, Betrozoff, Brough, Fuhrman, Patrick and Sanders

Excused:   Representative Doty