[atlas:bill]

AN ACT Relating to occupational licensing of registered sex offenders; adding a new section to chapter 18.27 RCW; adding a new section to chapter 18.106 RCW; and adding new sections to chapter 19.28 RCW.

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

NEW SECTION. Sec. 1. A new section is added to chapter 18.27 RCW to read as follows:

(1) A contractor required to register under this chapter who has an individual, whether as a sole proprietor, partner, or corporate officer of the contractor, required to register under RCW 9A.44.130 must obtain a restricted certificate of registration as required in this section.

(2)(a) On receiving an application for registration as a contractor, or on renewing or reinstating a contractor's certificate of registration, the department must determine if the individual, whether a sole proprietor, partner, or corporate officer of the applicant or contractor, is listed on the sex offender central registry maintained by the Washington state patrol under RCW 43.43.540. A determination complies with this section if the department checked the sex offender central registry, called the Washington state patrol to confirm whether the individual is on the registry, or followed determination procedures adopted by the department by rule.

(b) If the individual being checked under (a) of this subsection is listed on the sex offender central registry, the department shall issue a restricted certificate of registration upon the individual's or firm's compliance with the registration requirements of this chapter. The certificate must be clearly and conspicuously marked "restricted" on its face. The department shall provide written information to the certificate holder on the restrictions and penalties that apply to these certificates under subsection (3) of this section.

(c) The department may reissue the certificate of registration without the restriction to a contractor who establishes that the individual, partner, or corporate officer, as applicable, has been lawfully removed from the sex offender central registry.

(3)(a) It is an infraction under this chapter:

(i) For a contractor to advertise, offer to do work, submit a bid, or perform any work as a contractor without a restricted certificate of registration if the contractor, whether a sole proprietor, partner, or corporate officer of the contractor, is required to register under RCW 9A.44.130; or

(ii) For an individual to enter or remain in an occupied dwelling or place of residence, or a place in which the individual would have unsupervised contact with minors, while working as a contractor under a restricted certificate of registration unless the contractor is accompanied by another employee of the contractor. The employee may not be an individual required to register under RCW 9A.44.130.

(b) A contractor found to have committed an infraction under this section shall have its registration revoked and shall not be eligible for registration under this chapter until the contractor establishes that the individual, partner, or corporate officer, as applicable, has been lawfully removed from the sex offender central registry.

(4) No liability may be imposed on the department or its employees for release of information regarding sex offenders that results from complying with this section or RCW 18.27.120 or for failing to release such information. When a determination is made under subsection (2) of this section, nothing in this section is intended to be, shall be construed to create, or forms the basis for liability on the part of the department or its employees.

NEW SECTION. Sec. 2. A new section is added to chapter 18.106 RCW to read as follows:

(1) A person who is required to obtain a certificate of competency, temporary permit, endorsement, or training certificate to engage in the trade of plumbing under this chapter and who is required to register under RCW 9A.44.130 must obtain a restricted certificate, permit, or endorsement as required in this section.

(2)(a) On receiving an application for a certificate of competency, a temporary permit, an endorsement, or a training certificate, or on renewing or reinstating a certificate, permit, or endorsement, the department must determine if the person is listed on the sex offender central registry maintained by the Washington state patrol under RCW 43.43.540. A determination complies with this section if the department checked the sex offender central registry, called the Washington state patrol to confirm whether the person is on the registry, or followed determination procedures adopted by the department by rule.

(b) If the person being checked under (a) of this subsection is listed on the sex offender central registry, the department shall issue a restricted certificate, permit, or endorsement, upon the person's compliance with this chapter. The certificate, permit, or endorsement must be clearly and conspicuously marked "restricted" on its face. The department shall provide written information to the holder on the restrictions and penalties that apply to these certificates, permits, and endorsements under subsection (3) of this section.

(c) The department may reissue a certificate, permit, or endorsement without the restriction to a person who establishes that he or she has been lawfully removed from the sex offender central registry.

(3)(a) It is an infraction under this chapter:

(i) For a person to engage in the trade of plumbing without a restricted certificate, permit, or endorsement if the person is required to register under RCW 9A.44.130; or

(ii) For a person to enter or remain in an occupied dwelling or place of residence, or a place in which the person would have unsupervised contact with minors, while working as a plumber under a restricted certificate, permit, or endorsement unless the person is accompanied by another employee of the person's employer. The accompanying person may not be a person who is required to register under RCW 9A.44.130.

(b) A person found to have committed an infraction under this section shall have his or her certificate, permit, or endorsement revoked and shall not be eligible for a certificate, permit, or endorsement under this chapter until the person establishes that he or she has been lawfully removed from the sex offender central registry.

(4) No liability may be imposed on the department or its employees for release of information regarding sex offenders that results from complying with this section or for failing to release such information. When a determination is made under subsection (2) of this section, nothing in this section is intended to be, shall be construed to create, or forms the basis for liability on the part of the department or its employees.

NEW SECTION. Sec. 3. A new section is added to chapter 19.28 RCW to be codified under the subchapter heading "provisions applicable to electrical installations" to read as follows:

(1) A person who is required to obtain a certificate of competency, temporary permit, or electrical training certificate to engage in the electrical construction trade under this chapter and who is required to register under RCW 9A.44.130 must obtain a restricted certificate as required in this section.

(2)(a) On receiving an application for a certificate of competency, temporary permit, or electrical training certificate, or on renewing or reinstating a certificate or permit, the department must determine if the person is listed on the sex offender central registry maintained by the Washington state patrol under RCW 43.43.540. A determination complies with this section if the department checked the sex offender central registry, called the Washington state patrol to confirm whether the person is on the registry, or followed determination procedures adopted by the department by rule.

(b) If the person being checked under (a) of this subsection is listed on the sex offender central registry, the department shall issue a restricted certificate or permit, upon the person's compliance with this chapter. The certificate or permit must be clearly and conspicuously marked "restricted" on its face. The department shall provide written information to the holder on the restrictions and penalties that apply to these certificates and permits under subsection (3) of this section.

(c) The department may reissue a certificate or permit without the restriction to a person who establishes that he or she has been lawfully removed from the sex offender central registry.

(3)(a) It is a violation of RCW 19.28.161 through 19.28.271:

(i) For a person to engage in the electrical construction trade without a restricted certificate or permit if the person is required to register under RCW 9A.44.130; or

(ii) For a person to enter or remain in an occupied dwelling or place of residence, or a place in which the person would have unsupervised contact with minors, while working as an electrician under a restricted certificate or permit unless the person is accompanied by another employee of the person's employer. The accompanying person may not be a person who is required to register under RCW 9A.44.130.

(b) A person found to have violated this section shall have his or her certificate or permit revoked and shall not be eligible for a license, certificate, or permit under this chapter until the person establishes that he or she has been lawfully removed from the sex offender central registry.

NEW SECTION. Sec. 4. A new section is added to chapter 19.28 RCW to be codified under the subchapter heading "provisions applicable to electrical installations and telecommunications installations" to read as follows:

(1) An entity required to obtain an electrical or telecommunications contractor license, or a person required to obtain an electrical or telecommunications contractor administrator certificate, to engage in the electrical construction trade under this chapter who has an individual, whether as a sole proprietor, partner, or corporate officer of the entity, required to register under RCW 9A.44.130 must obtain a restricted license or certificate as required in this section.

(2)(a) On receiving an application from an entity for an electrical or telecommunications contractor license or an individual for an electrical or telecommunications contractor administrator certificate, or on renewing or reinstating a license or certificate, the department must determine if the individual, whether a sole proprietor, partner, or corporate officer of the entity, is listed on the sex offender central registry maintained by the Washington state patrol under RCW 43.43.540. A determination complies with this section if the department checked the sex offender central registry, called the Washington state patrol to confirm whether the individual is on the registry, or followed determination procedures adopted by the department by rule.

(b) If the individual being checked under (a) of this subsection is listed on the sex offender central registry, the department shall issue a restricted license or certificate upon the entity's compliance with this chapter. The license or certificate must be clearly and conspicuously marked "restricted" on its face. The department shall provide written information to the holder on the restrictions and penalties that apply to these licenses and certificates under subsection (3) of this section.

(c) The department may reissue a license or certificate without the restriction to an entity who establishes that the individual, partner, or corporate officer, as applicable, has been lawfully removed from the sex offender central registry.

(3)(a) It is a violation of the licensure requirements of this chapter:

(i) For an entity to engage in, conduct, or carry on the electrical construction business as specified in RCW 19.28.041 without a restricted electrical contractor license if the contractor, whether a sole proprietor, partner, or corporate officer of the contractor, is required to register under RCW 9A.44.130;

(ii) For an entity to carry on the business of installing or maintaining telecommunications systems as specified in RCW 19.28.420 without a restricted telecommunications contractor license if the contractor, whether a sole proprietor, partner, or corporate officer of the contractor, is required to register under RCW 9A.44.130;

(iii) For an individual to work as an electrical contractor administrator or telecommunications contractor administrator without a restricted administrator's certificate if the individual is required to register under RCW 9A.44.130; or

(iv) For an individual to enter or remain in an occupied dwelling or place of residence, or a place in which the individual would have unsupervised contact with minors, while working as an electrical or telecommunications contractor or an electrical or telecommunications administrator under a restricted license or certificate unless the individual is accompanied by another employee of the contractor. The accompanying individual may not be an individual who is required to register under RCW 9A.44.130.

(b) An individual or entity found to have violated this section shall have his or her license or certificate revoked and shall not be eligible for a license or certificate under this chapter until the individual or entity establishes that the individual, partner, or corporate officer, as applicable, has been lawfully removed from the sex offender central registry.