HOUSE BILL REPORT
ESHB 1597
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
As Passed House:
February 4, 2008
Title: An act relating to requiring workers to have licenses, certificates, or permits in their possession when performing plumbing, electrical, and conveyance work.
Brief Description: Requiring plumbing, electrical, and conveyance workers to have licenses, certificates, or permits in their possession while working.
Sponsors: By House Committee on Commerce & Labor (originally sponsored by Representative Moeller).
Brief History:
Commerce & Labor: 2/9/07 [DPS];
Appropriations: 2/19/07, 2/21/07 [DPS(CL)].
Floor Activity:
Passed House: 2/4/08, 90-2.
Brief Summary of Engrossed Substitute Bill |
|
|
|
HOUSE COMMITTEE ON COMMERCE & LABOR
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 7 members: Representatives Conway, Chair; Wood, Vice Chair; Condotta, Ranking Minority Member; Chandler, Assistant Ranking Minority Member; Green, Moeller and Williams.
Staff: Jill Reinmuth (786-7134).
HOUSE COMMITTEE ON APPROPRIATIONS
Majority Report: The substitute bill by Committee on Commerce & Labor be substituted therefor and the substitute bill do pass. Signed by 34 members: Representatives Sommers, Chair; Dunshee, Vice Chair; Alexander, Ranking Minority Member; Bailey, Assistant Ranking Minority Member; Haler, Assistant Ranking Minority Member; Anderson, Buri, Chandler, Cody, Conway, Darneille, Dunn, Ericks, Fromhold, Grant, Haigh, Hinkle, Hunt, Hunter, Kagi, Kenney, Kessler, Kretz, Linville, McDermott, McDonald, McIntire, Morrell, Pettigrew, Priest, Schual-Berke, Seaquist, P. Sullivan and Walsh.
Staff: Owen Rowe (786-7391).
Background:
The Department of Labor and Industries (Department) administers and enforces state laws
governing certain construction-related trades. These laws require persons who perform
electrical, plumbing, or conveyance work to have appropriate certificates of competency or
licenses. Persons who perform such work without appropriate certificates or licenses, as well
as persons who employ them, are subject to civil penalties ranging from $250 to $500 for
violations of the electrician certification requirement, $250 to $1,000 for violations of the
plumber certification requirement, and $500 for violations of the elevator mechanic licensing
requirement.
Summary of Engrossed Substitute Bill:
The Legislature finds that dishonest contractors sometimes hire unlicensed and uncertified
persons to perform electrical, plumbing, and conveyance work. This practice gives them an
unfair competitive advantage. Requiring persons to have their licenses and certificates in
their possession while performing this work will help address the problems of the
underground economy in the construction industry.
While performing electrical, plumbing, or conveyance work, persons must have their licenses
and certificates in their possession. They must produce their licenses and certificates upon
request of an authorized representative of the Department of Labor and Industries
(Department). The licenses and certificates must be wallet size, made of durable material,
and include photo identification.
The Department is directed to convene a work group to develop recommendations for
enforcement of the requirement that persons performing plumbing, electrical, and conveyance
work have proper licenses and certificates. The work group is directed to report its
recommendations to specified legislative committees by December 1, 2008.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony: (Commerce & Labor)
(In support of original bill) House Bill 1013 and HB 1597 are intended to address the
problems of the underground economy, especially the unscrupulous hiring of unlicensed or
uncertified workers. They are intended to ensure that there is fair treatment for licensed and
certified workers.
This bill will improve enforcement of plumbing laws in Washington. We also support HB
1597. There are currently only three FTEs for enforcement. Photo identification, whether it
is visibly displayed or in the worker's possession, is a good idea. Although there would be an
increased cost, we're willing to pay for it.
We support both HB 1013 and HB 1597. Another reason for not displaying the license or
certificate would be that it may interfere with the work being performed. Another option
would be to display the license or certificate when working on a homeowner's property. A
fee increase is not necessary because there is a surplus in the Electrical Fund.
(With concerns on original bill) This is another hassle. House Bill 1597 is preferable to HB
1013.
House Bill 1597 strikes language dealing with plumbing trainees on page 5, line 4. We need
to make sure that plumbing trainees are subject to the same requirement as other workers in
the building trades.
The card should be laminated or made better than it is now. The worker should be able to
keep the card on the visor of their truck or someplace easily accessible. There should be any
easy way for inspectors to check electronically whether a worker is licensed or certified.
With the current building boom, building inspectors average 45 inspections per day. There is
barely enough time to inspect for code, much less this. Requiring local building inspectors to
make referrals to the Department of Labor and Industries is very difficult. Authorizing them
to issue citations would be better. If they are required to make referrals, it will be at the
bottom of their list and it will not happen.
(Opposed) None.
Staff Summary of Public Testimony: (Appropriations)
(In support) We support Substitute House Bill 1597 as an important step to ensure license
and certification compliance by ensuring that each person is required to carry a new durable
license that includes photo identification. Currently license holders are not required to have
the license in their possession, and licenses wear out before they are ready for renewal. We
support the increase in fees related to the new license format.
These expenditures are not from the General Fund, they are from fees paid by users. This is
not a cost to taxpayers.
Persons Testifying: (Commerce & Labor) (In support of original bill) Representative Jim
Moeller, prime sponsor; Pete Crow, Washington State Association of Plumbers &
Steamfitters; and Dick King, International Brotherhood of Electrical Workers.
(With concerns on original bill) Gary Smith, Independent Business Association; Larry
Stevens, National Electrical Contractors Association and Mechanical Contractors
Association; John Neff, Washington Association of Building Officials; Carolyn Logue,
National Federation of Independent Business; and Michael Transue, Associated General
Contractors.
Persons Testifying: (Appropriations) (In support) Gary Smith, Independent Business Association; and Pete Crow, Washington State Association of Plumbers and Pipe Fitters.