FINAL BILL REPORT

HB 1176

C 442 L 19

Synopsis as Enacted

Brief Description: Providing consistency and efficiency in the regulation of auctioneers and auction companies, engineering and land surveying, real estate, funeral directors, and cosmetology.

Sponsors: Representatives Hoff and Kirby; by request of Department of Licensing.

House Committee on Consumer Protection & Business

Senate Committee on Labor & Commerce

Background:

The Department of Licensing (DOL) regulates a number of businesses and professions.  The DOL issues licenses and ensures compliance with professional standards and laws.  Some of the professions regulated by the DOL include auctioneers and auction companies, real estate brokers, funeral directors, cosmetologists, hair designers, barbers, manicurists, estheticians, and funeral directors.  Other professions, such as architects, are regulated by a separate board or commission.

The State Board of Registration for Professional Engineers and Land Surveyors (Board), through the DOL, regulates engineering practices and land surveying.  On-site wastewater system designers are also licensed and regulated by the Board.  The Board consists of seven members, five professional engineers and two land surveyors, appointed by the Governor.

Some applicants for professional licenses must provide certain documentation of corporate, business, and tax registration and that the DOL maintain the documentation. The following are a few examples:

• An applicant for an auctioneer or auction company license must show the proper tax registration certificate from the Department of Revenue (DOR).

• A corporation or limited liability company applying to obtain a certificate of authorization to practice engineering or land surveying must provide a Washington state business license and a certificate of incorporation or certificate of authorization as filed with the Secretary of State.

• An applicant for a license as a real estate firm or real estate or managing broker must provide certain certified copies and evidence of business filings.

• An applicant for registration with the Board must provide at least five references, three of which must be from engineers with personal knowledge of the applicant's engineering experience.

An applicant for an embalmer or funeral director's license who fails the license exam is allowed to retake the exam with no additional fee. A third-party vendor is used to conduct the exams. The DOL covers the cost for the retaken exam.

The DOL is required to mail notice of statutory and regulatory changes to cosmetology, hair designer, barber, manicurist, and esthetician licensees.

Summary:

Auctioneer or Auction Company.

In addition to other requirements, an applicant for an auctioneer or auction company license must continue to be registered with the DOR. No documentation of the registration needs to be provided to the DOL. An auction company must also be registered with the Secretary of State (SOS) if it is not a sole proprietor or general partnership.

Engineers and Land Surveyors.

The Board is removed from the DOL and established as a separate agency. The Board, rather than the DOL, must:

• issue and renew certificates of registration and licenses for professional engineers, land surveyors, and on-site wastewater system designers; and

• set fees for applications, examinations, licenses, registrations, and renewals. Fees set by the Board must be at a level adequate to pay the Board's administration costs.

The DOL, through an interagency agreement, must provide specified administrative staff support and associated technical services, materials, and equipment to the Board.  The initial agreement must be for three years and may be renewed.

The Governor must appoint the Executive Director of the Board.  The Executive Director must hold a valid Washington license as a professional engineer or professional land surveyor.

An applicant for registration with the Board must provide verification of technical work from professional engineers that supervised the applicant's technical work and have personal knowledge of the applicant's engineering experience.

Real Estate Firms and Brokers.

If the applicant is a legally recognized business entity, except a general partnership, it must be registered with the SOS. No documentation of the registration needs to be provided to the DOL. If the applicant is a general partnership, it must provide a copy of the signed partnership agreement. All entities must provide certain information about their owners and governing officers.

Embalmers and Funeral Directors.

Applicants for an embalmer or funeral director's license are no longer entitled to retake the exam with no additional fee.

Cosmetologists.

The DOL is no longer required to mail notice of statutory and regulatory changes to cosmetology, hair designer, barber, manicurist, and esthetician licensees.

Votes on Final Passage: