BILL REQ. #:  S-4980.1 



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SUBSTITUTE SENATE BILL 6487
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State of Washington59th Legislature2006 Regular Session

By Senate Committee on Early Learning, K-12 & Higher Education (originally sponsored by Senators Schoesler, Rasmussen, Roach, Morton, Schmidt, Mulliken, Carrell, Stevens, Doumit, Delvin, Benson, Esser, Johnson, Deccio, Shin, Jacobsen, Regala, Hargrove, Zarelli, Honeyford, McAuliffe and Berkey)

READ FIRST TIME 02/02/06.   



     AN ACT Relating to false academic credentials; adding a new section to chapter 28B.85 RCW; adding a new section to chapter 9A.60 RCW; adding a new section to chapter 28A.405 RCW; adding a new section to chapter 28B.50 RCW; adding a new section to chapter 41.06 RCW; and prescribing penalties.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 28B.85 RCW to read as follows:
     (1) It is unlawful for a person to:
     (a) Grant or award a false academic credential or offer to grant or award a false academic credential in violation of this section;
     (b) Represent that a credit earned or granted by the person, in violation of this section, can be applied toward a credential offered by another person; or
     (c) Solicit another person to seek a credential or to earn a credit that is offered in violation of this section.
     (2) "False academic credential" has the same definition as in section 2 of this act.
     (3) A violation of this section constitutes an unfair or deceptive act or practice in the conduct of trade or commerce under chapter 19.86 RCW.
     (4) In addition to any other venue authorized by law, venue for the prosecution of an offense under this section is in the county in which an element of the offense occurs.

NEW SECTION.  Sec. 2   A new section is added to chapter 9A.60 RCW to read as follows:
     (1) A person is guilty of issuing a false academic credential if the person knowingly:
     (a) Grants or awards a false academic credential or offers to grant or award a false academic credential in violation of this section;
     (b) Represents that a credit earned or granted by the person in violation of this section can be applied toward a credential offered by another person;
     (c) Grants or offers to grant a credit for which a representation as described in (b) of this subsection is made; or
     (d) Solicits another person to seek a credential or to earn a credit the person knows is offered in violation of this section.
     (2) A person is guilty of knowingly using a false academic credential if the person knowingly uses a false academic credential or falsely claims to have a credential issued by an institution of higher education that is accredited by an accrediting association recognized as such by rule of the higher education coordinating board:
     (a) In a written or oral advertisement or other promotion of a business; or
     (b) With the intent to:
     (i) Obtain employment;
     (ii) Obtain a license or certificate to practice a trade, profession, or occupation;
     (iii) Obtain a promotion, compensation or other benefit, or an increase in compensation or other benefit, in employment or in the practice of a trade, profession, or occupation;
     (iv) Obtain admission to an educational program in this state; or
     (v) Gain a position in government with authority over another person, regardless of whether the person receives compensation for the position.
     (3) "False academic credential" means a document that provides evidence or demonstrates completion of an academic or professional course of instruction beyond the secondary level that results in the attainment of an academic certificate, degree, or rank, and that is not issued by a person or entity that: (a) Is an entity accredited by an agency recognized as such by rule of the higher education coordinating board or has the international equivalents of such accreditation; or (b) is an entity authorized as a degree-granting institution by the higher education coordinating board; or (c) is an entity exempt from the requirements of authorization as a degree-granting institution by the higher education coordinating board; or (d) is an entity that has been granted a waiver by the higher education coordinating board from the requirements of authorization by the board; or (e) is a foreign degree-granting institution, as defined by chapter 28B.90 RCW. Such documents include, but are not limited to, academic certificates, degrees, coursework, degree credits, transcripts, or certification of completion of a degree.
     (4) Issuing a false academic credential is a class C felony.
     (5) Knowingly using a false academic credential is a class C felony.

NEW SECTION.  Sec. 3   A new section is added to chapter 28A.405 RCW to read as follows:
     A person who issues or uses a false academic credential is subject to sections 1 and 2 of this act.

NEW SECTION.  Sec. 4   A new section is added to chapter 28B.50 RCW to read as follows:
     A person who issues or uses a false academic credential is subject to sections 1 and 2 of this act.

NEW SECTION.  Sec. 5   A new section is added to chapter 41.06 RCW to read as follows:
     A person who issues or uses a false academic credential is subject to sections 1 and 2 of this act.

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