BILL REQ. #:  S-1411.2 

Read first time 02/11/2005.   Referred to Committee on Labor, Commerce, Research & Development.

     AN ACT Relating to the registration of youth athletic coaches; amending RCW 18.235.020 and 43.24.---; adding a new chapter to Title 19 RCW; creating new sections; prescribing penalties; and providing an effective date.

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

NEW SECTION.  Sec. 1   The legislature declares that: (1) The safety, health, and welfare of children and families of this state would benefit by the establishment of a uniform registration and disclosure system for all persons privately engaging in the business of providing, for compensation, athletic coaching services to persons under the age of eighteen; and (2) a parent's or guardian's right to know of the criminal history background of any person providing or offering to provide athletic coaching services to their child far outweighs any right that the athletic coach may have to keep such matters secret or private.

NEW SECTION.  Sec. 2   Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Department" means the department of licensing.
     (2) "Director" means the director of licensing.
     (3) "Youth athletic coaching" means the activity of providing to a child or youth under the age of eighteen, to whom the person is not related by blood or marriage, services for compensation relating to the development of the child's or youth's athletic talents, skills, or abilities.
     (4) "Athletic" means a physical activity requiring or involving stamina, agility, strength, knowledge of the activity's rules, and the capability to perform movements or functions required under those rules, and includes individual and organized or team sports or games.
     (5) "Privately providing youth athletic coaching services" means the performance of youth athletic coaching services through an employment or business relationship other than where the provider possesses a current teaching certificate pursuant to chapter 28A.410 RCW or is employed by a private or public school after completing a criminal history background check as required by RCW 28A.195.080 or 28A.400.303.

NEW SECTION.  Sec. 3   (1) It is unlawful for any person to advertise or offer to provide, engage in, conduct, or carry on the business of privately providing youth athletic coaching services in this state unless the person possesses a valid, unsuspended, and unexpired certificate of registration issued by the department under this chapter.
     (2) A person who violates this section is guilty of (a) a gross misdemeanor if the person has no criminal conviction appearing on any criminal history background record as of the date of the violation; and (b) a class C felony if the person has any criminal conviction for any offense appearing on any criminal history background record as of the date of the violation.

NEW SECTION.  Sec. 4   (1) The director may require, by rule, any information and documentation that reasonably relates to the need to determine whether the applicant meets the criteria to be registered as a youth athletic coach.
     (2) An applicant must meet the following minimum requirements to obtain a certificate of registration as a youth athletic coach:
     (a) Be at least eighteen years of age;
     (b) Be a citizen or resident alien of the United States;
     (c) Have a place of business or residence located in the state;
     (d) Submit a fully completed application on the form prescribed by the director, including a set of the applicant's fingerprints that are readable by the Washington state patrol criminal identification system under RCW 10.97.030 and 10.97.050 and through the federal bureau of investigation fingerprint check using a complete Washington state criminal identification fingerprint card;
     (e) Pay such nonrefundable fee as is required by the department.

NEW SECTION.  Sec. 5   (1) The Washington state patrol shall forward the fingerprint cards submitted by applicants under this chapter to the federal bureau of investigation for a national criminal history records check.
     (2) An application submitted under section 4 of this act shall not be deemed complete until the fingerprint cards and a record report has been received by the department from both the Washington state patrol and the federal bureau of investigation fingerprint check systems.
     (3) A record report received by the department pursuant to this act shall be exempt from public inspection or disclosure under chapter 42.17 RCW.

NEW SECTION.  Sec. 6   (1) The director shall identify with a unique registration number and issue a certificate of registration as a youth athletic coach to each applicant within thirty days after receiving the latter of the record report from the Washington state patrol criminal identification system and the federal bureau of investigation fingerprint check system. The certificate of registration shall contain (a) as precise a representation as is practicable of the record reports received by the department from both the Washington state patrol and the federal bureau of investigation fingerprint check systems; and (b) a statement substantially in the form of section 7 of this act.
     (2) Every advertisement by a registered youth athletic coach that solicits or advertises for business as a private youth athletic coach shall contain the name of the registrant, the address of record, the registration number as they appear in the records of the director, and a statement that a certified copy of the registrant's state and nationwide criminal history background check is available for inspection.
     (3) A registered youth athletic coach shall, before entering into a contract to provide youth athletic coaching services, deliver a certified copy of the certificate of registration issued under this section to (a) the parents or guardians of any child or youth for whom the youth athletic coach offers to provide youth athletic coaching services where the agreement to provide the services is between the coach and the parents or guardians; or (b) the hiring officer of any entity employing or retaining the coach to provide youth athletic coaching services where the agreement to provide such services is between the parent or guardian and the third party.
     (4) The department may charge a reasonable fee, not to exceed ten dollars, to create each certified copy of a certificate of registration issued under this section.
     (5) A certificate of registration issued under this chapter is valid for two years from the date of issue, and is not transferable. A certificate may be renewed with the same unique registration number upon submission of an application as required under section 4 of this act no sooner than ninety and no later than sixty days prior to the expiration date of the current certificate of registration.

NEW SECTION.  Sec. 7   The state of Washington and its employees are not liable for defamation, invasion of privacy, negligence, or any other claim in connection with any lawful dissemination of information released under this chapter. The lawful dissemination of information under this chapter shall not be interpreted as (1) representing that the subject of the inquiry has no criminal record or adverse civil or administrative decisions; or (2) a determination that the subject of the inquiry is suitable for involvement with a business or organization.

NEW SECTION.  Sec. 8   (1) Before entering into a contract with the parent or guardian of a child or youth to provide youth athletic coaching services to the child or youth, a youth athletic coach shall provide written notice in a conspicuous form to the parents or guardians that the parent or guardian has the right to verify the accuracy of the certified copy of the certificate of registration that the youth athletic coach is required to provide under section 6(3) of this act.
     (2) Before entering into a contract with the parent or guardian to provide youth athletic coaching services to the child or youth of the parent or guardian, an entity employing or retaining a youth athletic coach to perform such services shall provide written notice in a conspicuous form to the parents or guardians that the parent or guardian has the right to verify the accuracy of the certified copy of the certificate of registration that the youth athletic coach is required to provide under section 6(3) of this act.
     (3) A parent or guardian exercising the right to verify the accuracy of the certified copy of the certificate shall submit a certified copy of the certificate to the department. The department shall compare the copy submitted to the records maintained by the department and shall inform the requesting party whether or not the two contain the same information. In the event the copy and the records do not contain the same information, the nature of the difference shall not be disclosed, but the department shall consider the discrepancy to be a written complaint to the department charging a registered private youth athletic coach with unprofessional conduct, as provided under section 12 of this act.

NEW SECTION.  Sec. 9   (1)(a) A person registered under this chapter must notify the director within thirty days of any material change in the information furnished or required to be furnished to the director, including but not limited to the discovery of (i) any error in the record report contained on the certificate of registration, or (ii) arrest or conviction of the registrant for any criminal offense occurring after the date of application.
     (b) Upon receipt of such information from the registrant under (a) of this subsection, the director shall investigate the accuracy of such information, and may accept proof of a recent national crime information center/III criminal background report or any national or interstate criminal background report. If the director concludes the report of the registrant is accurate, the director shall update the records maintained by the department, assess a reasonable fee of not less than fifty dollars, and, upon receipt of the required fee, issue an amended certificate of registration to the registrant.
     (2) The director shall suspend the registration of any person who has been:
     (a) Convicted of any criminal offense after the date of application until the registrant notifies the director of such conviction and pays the fee required by subsection (1) of this section;
     (b) Certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person's registration shall not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for registration during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose;
     (c) Certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the registration shall be automatic upon the director's receipt of a release issued by the department of social and health services stating that the person is in compliance with the order.

NEW SECTION.  Sec. 10   (1) The provisions of this chapter relating to the registration of youth athletic coaches are exclusive. No governmental subdivision of this state may enact any laws or rules registering such purposes for regulatory purposes, except as provided in subsections (2) and (3) of this section.
     (2) This section shall not be construed to prevent a political subdivision of this state from levying a business fee, business and occupation tax, or other tax upon youth athletic coaches if such fees or taxes are levied by the political subdivision on other types of businesses within its boundaries.
     (3) This section shall not be construed to prevent this state or a political subdivision of this state from licensing for regulatory purposes youth athletic coaches with respect to activities that are not regulated under this chapter.

NEW SECTION.  Sec. 11   (1) The uniform regulation of business and professions act, chapter 18.235 RCW, governs the issuance and denial of registrations and the discipline of registrants under this chapter.
     (2) In addition to those powers set forth in RCW 18.235.030, the director has the authority to enter into an assurance of discontinuance in lieu of issuing a statement of charges or conducting a hearing. The assurance shall consist of a statement of the law in question and an agreement to not violate the stated provision. The applicant or registered youth athletic coach shall not be required to admit to any violation of the law, and the assurance shall not be construed as such an admission. Violation of an assurance under this subsection is grounds for disciplinary action.
     (3) In addition to the unprofessional conduct described in RCW 18.235.130, the following conduct, acts, or conditions constitute unprofessional conduct:
     (a) Violating any of the provisions of this chapter or the rules adopted under this chapter;
     (b) Violating an order to cease and desist that is issued by the director under this chapter;
     (c) Misrepresenting or knowingly making a material misstatement or omission in the application to register as a youth athletic coach;
     (d) Misrepresenting or knowingly making a material misstatement or omission in any physical or electronic material soliciting for business as a youth athletic coach as required under section 6(2) of this act;
     (e) Failing to conspicuously inform the parent or guardian of a prospective client of the right to verify whether the certified copy of the youth athletic coach's certificate of registration provided to them was a true, accurate, and complete copy of the records maintained by the department, as required under section 6(3) of this act;
     (f) Failing to deliver a true, accurate, and complete certified copy of the youth athletic coach's certificate of registration to prospective clients as required under section 6(3) of this act;
     (g) A finding in any (i) dependency action under RCW 13.34.040; (ii) court in a domestic relations proceeding under Title 26 RCW; or (iii) disciplinary board final decision that the registrant has sexually assaulted or exploited a child or physically assaulted any child.

NEW SECTION.  Sec. 12   Any person may submit a written complaint to the department charging a registered youth athletic coach or applicant with unprofessional conduct and specifying the grounds for the charge. If the director determines that the complaint merits investigation, or if the director has reason to believe, without a formal complaint, that a registered youth athletic coach or applicant may have engaged in unprofessional conduct, the director shall investigate to determine if there has been unprofessional conduct. A person who files a complaint under this section in good faith is immune from suit in any civil action related to the filing or contents of the complaint. When a statement of charges is issued against a registered youth athletic coach or applicant under RCW 18.235.050, notice of this action must be given to the registered youth athletic coach.

NEW SECTION.  Sec. 13   The director, in implementing and administering the provisions of this chapter, shall act in accordance with the administrative procedure act, chapter 34.05 RCW.

Sec. 14   RCW 18.235.020 and 2002 c 86 s 103 are each amended to read as follows:
     (1) This chapter applies only to the director and the boards and commissions having jurisdiction in relation to the businesses and professions licensed under the chapters specified in this section. This chapter does not apply to any business or profession not licensed under the chapters specified in this section.
     (2)(a) The director has authority under this chapter in relation to the following businesses and professions:
     (i) Auctioneers under chapter 18.11 RCW;
     (ii) Bail bond agents under chapter 18.185 RCW;
     (iii) Camping resorts' operators and salespersons under chapter 19.105 RCW;
     (iv) Commercial telephone solicitors under chapter 19.158 RCW;
     (v) Cosmetologists, barbers, manicurists, and estheticians under chapter 18.16 RCW;
     (vi) Court reporters under chapter 18.145 RCW;
     (vii) Employment agencies under chapter 19.31 RCW;
     (viii) For hire vehicle operators under chapter 46.72 RCW;
     (ix) Limousines under chapter 46.72A RCW;
     (x) Notaries public under chapter 42.44 RCW;
     (xi) Private investigators under chapter 18.165 RCW;
     (xii) Professional boxing, martial arts, and wrestling under chapter 67.08 RCW;
     (xiii) Real estate appraisers under chapter 18.140 RCW;
     (xiv) Real estate brokers and salespersons under chapters 18.85 and 18.86 RCW;
     (xv) Security guards under chapter 18.170 RCW;
     (xvi) Sellers of travel under chapter 19.138 RCW;
     (xvii) Timeshares and timeshare salespersons under chapter 64.36 RCW; ((and))
     (xviii) Whitewater river outfitters under chapter 79A.60 RCW; and
     (xix) Youth athletic coaches under chapter 19.-- RCW (sections 1 through 13 and 15 of this act).
     (b) The boards and commissions having authority under this chapter are as follows:
     (i) The state board of registration for architects established in chapter 18.08 RCW;
     (ii) The cemetery board established in chapter 68.05 RCW;
     (iii) The Washington state collection agency board established in chapter 19.16 RCW;
     (iv) The state board of registration for professional engineers and land surveyors established in chapter 18.43 RCW governing licenses issued under chapters 18.43 and 18.210 RCW;
     (v) The state board of funeral directors and embalmers established in chapter 18.39 RCW;
     (vi) The state board of registration for landscape architects established in chapter 18.96 RCW; and
     (vii) The state geologist licensing board established in chapter 18.220 RCW.
     (3) In addition to the authority to discipline license holders, the disciplinary authority may grant or deny licenses based on the conditions and criteria established in this chapter and the chapters specified in subsection (2) of this section. This chapter also governs any investigation, hearing, or proceeding relating to denial of licensure or issuance of a license conditioned on the applicant's compliance with an order entered under RCW 18.235.110 by the disciplinary authority.

NEW SECTION.  Sec. 15   The youth athletic coach account is created in the state treasury. All receipts from the registration fees and other fees received by the department of licensing under this act must be deposited in the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used for the purposes of administering the registration and disciplining of youth athletic coaches as provided under this act.

Sec. 16   RCW 43.24.--- and 2005 c . . . (SB 5365) s 1 are each amended to read as follows:
     (1) The business and professions account is created in the state treasury. All receipts from business or professional licenses, registrations, certifications, renewals, examinations, or civil penalties assessed and collected by the department from the following chapters must be deposited into the account:
     (a) Chapter 18.11 RCW, auctioneers;
     (b) Chapter 18.16 RCW, cosmetologists, barbers, and manicurists;
     (c) Chapter 18.96 RCW, landscape architects;
     (d) Chapter 18.145 RCW, court reporters;
     (e) Chapter 18.165 RCW, private investigators;
     (f) Chapter 18.170 RCW, security guards;
     (g) Chapter 18.185 RCW, bail bond agents;
     (h) Chapter 19.16 RCW, collection agencies;
     (i) Chapter 19.31 RCW, employment agencies;
     (j) Chapter 19.105 RCW, camping resorts;
     (k) Chapter 19.138 RCW, sellers of travel;
     (l) Chapter 42.44 RCW, notaries public; ((and))
     (m) Chapter 64.36 RCW, timeshares; and
     (n) Chapter 19.-- RCW (sections 1 through 13 and 15 of this act), youth athletic coaches.
     Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for expenses incurred in carrying out these business and professions licensing activities of the department. Any residue in the account shall be accumulated and shall not revert to the general fund at the end of the biennium.
     (2) The director shall biennially prepare a budget request based on the anticipated costs of administering the business and professions licensing activities listed in subsection (1) of this section, which shall include the estimated income from these business and professions fees.

NEW SECTION.  Sec. 17   If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2005, in the omnibus appropriations act, this act is null and void.

NEW SECTION.  Sec. 18   Section 15 of this act is null and void if Senate Bill No. 5365 becomes law by July 2, 2005.

NEW SECTION.  Sec. 19   Section 16 of this act is null and void if Senate Bill No. 5365 fails to become law by July 2, 2005.

NEW SECTION.  Sec. 20   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 21   Sections 1 through 13 and 15 of this act constitute a new chapter in Title 19 RCW.

NEW SECTION.  Sec. 22   Sections 1 through 13 and 15 of this act take effect December 31, 2006.