2SSB 6575 -
By Representative Conway
ADOPTED AND ENGROSSED 03/05/2010
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 18.27.340 and 1997 c 314 s 17 are each amended to
read as follows:
(1) Except as otherwise provided in subsection (3) of this section,
a contractor found to have committed an infraction under RCW 18.27.200
shall be assessed a monetary penalty of not less than two hundred
dollars and not more than five thousand dollars.
(2) The director may waive collection in favor of payment of
restitution to a consumer complainant.
(3) A contractor found to have committed an infraction under RCW
18.27.200 for failure to register shall be assessed a fine of not less
than one thousand dollars, nor more than five thousand dollars. For a
first offense, the director may reduce the penalty for failure to
register, but in no case below five hundred dollars, if the person:
Becomes registered within ten days of receiving a notice of infraction
((and the notice of infraction is for a first offense)); and registers
for a department-approved contractor training class under section 2 of
this act within ten days of receiving a notice of infraction, completes
the class within one hundred twenty days of receiving the notice of
infraction, and pays any required class fees upon class registration.
(4) Until July 1, 2011, monetary penalties collected under this
chapter shall be deposited in the general fund. Beginning July 1,
2011, monetary penalties and class fees collected under this chapter
shall be deposited in the contractor registration account created in
section 4 of this act.
NEW SECTION. Sec. 2 A new section is added to chapter 18.27 RCW
to read as follows:
The department will approve or conduct contractor training classes
and charge a fee, payable upon class registration, that covers the
costs of administering the class. The department may adopt rules
relating to the number of classes to be offered by the department, the
locations of these classes, class fees, and curriculum. In determining
the locations of these classes, the department may consider offering
online classes and ensure that classes are reasonably accessible in
eastern and western Washington. The department shall deposit all fees
in the contractor registration account created in section 4 of this
act.
Sec. 3 RCW 18.27.070 and 1997 c 314 s 7 are each amended to read
as follows:
(1) The department shall charge fees for issuance, renewal, and
reinstatement of certificates of registration; and changes of name,
address, or business structure. The department shall set the fees by
rule.
(2) The entire amount of the fees are to be used solely to cover
the full cost of issuing certificates, filing papers and notices, and
administering and enforcing this chapter. The costs shall include
reproduction, travel, per diem, and administrative and legal support
costs.
(3) The department shall deposit all fees in the contractor
registration account created in section 4 of this act.
NEW SECTION. Sec. 4 A new section is added to chapter 18.27 RCW
to read as follows:
The contractor registration account is created in the state
treasury. The department shall deposit in the account all moneys from
registrations, renewals, or civil penalties assessed and collected
under this chapter. Appropriations from the account may be made only
for the purposes of administration and enforcement of this chapter,
including conducting contractor training classes under section 2 of
this act.
Sec. 5 RCW 60.28.040 and 2009 c 432 s 7 and 2009 c 219 s 7 are
each reenacted and amended to read as follows:
(1) Subject to subsection (5) of this section, the amount of all
taxes, increases, and penalties due or to become due under Title 82
RCW, from a contractor or the contractor's successors or assignees with
respect to a public improvement contract wherein the contract price is
thirty-five thousand dollars or more, shall be a lien prior to all
other liens upon the amount of the retained percentage withheld by the
disbursing officer under such contract.
(2) Subject to subsection (5) of this section, after payment of all
taxes, increases, and penalties due or to become due under Title 82
RCW, from a contractor or the contractor's successors or assignees with
respect to a public improvement contract wherein the contract price is
((twenty)) thirty-five thousand dollars or more, the amount of all
other taxes, increases, and penalties under Title 82 RCW, due and owing
from the contractor, shall be a lien prior to all other liens upon the
amount of the retained percentage withheld by the disbursing officer
under such contract.
(3) Subject to subsection (5) of this section, after payment of all
taxes, increases, and penalties due or to become due under Title 82
RCW, the amount of all taxes, increases, and penalties due or to become
due under Titles 50 and 51 RCW from the contractor or the contractor's
successors or assignees with respect to a public improvement contract
wherein the contract price is ((twenty)) thirty-five thousand dollars
or more, shall be a lien prior to all other liens upon the amount of
the retained percentage withheld by the disbursing officer under such
contract.
(4) Subject to subsection (5) of this section, the amount of all
other taxes, increases, and penalties due and owing from the contractor
shall be a lien upon the balance of such retained percentage remaining
in the possession of the disbursing officer after all other statutory
lien claims have been paid.
(5) The employees of a contractor or the contractor's successors or
assignees who have not been paid the prevailing wage under such a
public improvement contract shall have a first priority lien against
the bond or retainage prior to all other liens.
NEW SECTION. Sec. 6 Sections 3 and 4 of this act take effect
July 1, 2011."
Correct the title.