BILL REQ. #:  S-3414.2 

Read first time 01/13/10.   Referred to Committee on Financial Institutions, Housing & Insurance.

     AN ACT Relating to developing certification for manufactured housing community managers; adding a new chapter to Title 59 RCW; prescribing penalties; and providing an effective date.

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

NEW SECTION.  Sec. 1   The purpose of this chapter is to establish a certification program for managers of manufactured housing communities.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Advisory council" means the advisory council on manufactured housing community manager training and certification created in section 6 of this act.
     (2) "Department" means the department of commerce.
     (3) "Director" means the director of the department of commerce.
     (4) "Manufactured housing community" has the same meaning as in RCW 59.20.030.
     (5) "Manufactured housing community management" means those actions, functions, or duties related to the management of a manufactured housing community to include the collection of rent and other charges, renting mobile home lots, and the implementation of landlord duties and responsibilities under chapter 59.20 RCW.
     (6) "Manufactured housing community manager" means a person who performs manufactured housing community management duties and is required to be certified under this chapter to perform manufactured housing community management services and includes resident owners of manufactured housing communities who perform management duties.

NEW SECTION.  Sec. 3   (1) No person shall manage a manufactured housing community with more than fifteen manufactured housing lots in this state until the person has been certified as a manufactured housing community manager by the director in accordance with this chapter.
     (2) A manager who lives in the manufactured housing community must be certified.
     (3) Any person engaged in the business of managing a manufactured housing community must be certified unless a certified manager lives in the manufactured housing community.
     (4) An owner not living in the manufactured housing community, or living in a manufactured housing community but not performing manufactured housing community management duties, is not required to be certified.
     (5) If a person becomes a manufactured housing community manager, and the person does not have a current certification issued under section 4 of this act, the person shall complete the manager certification within six months, or upon a determination of good cause by the director, within one year of becoming a manager.

NEW SECTION.  Sec. 4   (1) The director shall not issue an initial certification to any person to act as a manufactured housing community manager until that person has:
     (a) Executed a written application on a form prescribed by the director, subscribed and sworn to by the applicant;
     (b) Attended and completed a department-approved training course for manufactured housing community managers;
     (c) Passed an examination approved by the department that demonstrates that the applicant has a fundamental knowledge of the manufactured/mobile home landlord-tenant act under chapter 59.20 RCW; and
     (d) Paid to the director a fee as prescribed in section 7 of this act.
     (2) Certifications are effective on the date issued by the department and must be renewed annually.
     (3) A certification may be renewed annually provided that the applicant provides evidence of completion of continuing education as approved by the department. This evidence must be submitted with an application to renew certification. A maximum of four hours of continuing education annually is required by the department for renewal of certification.

NEW SECTION.  Sec. 5   (1) The department, in consultation with the advisory council created in section 6 of this act, shall administer, coordinate, and enforce this chapter, develop the examination of applicants, and be responsible for the granting of certification to qualified persons.
     (2) The department may adopt rules that are necessary to implement, enforce, and interpret this chapter.
     (3) The department shall contract with a statewide association exclusively representing manufactured housing communities for the delivery of training courses required under this chapter. The association may charge a fee for delivery of the training courses. The department, in consultation with the advisory council created under section 6 of this act, shall approve the curriculum of the training program.

NEW SECTION.  Sec. 6   (1) An advisory council on manufactured housing community manager training and certification is created. The council must consist of four members selected by the director as follows: Two members of the council must be residents of manufactured housing communities, and two members must be owners of manufactured housing communities or their designees. The resident members of the council must be selected from nominees submitted by statewide associations representing manufactured housing community tenants. The park owner members of the council must be selected from nominees submitted by statewide associations exclusively representing manufactured housing communities. The director shall appoint the members for terms of four years. The advisory council shall select a chair from its members for a four-year term.
     (2) Members of the council shall serve without compensation but are entitled to receive reimbursement for travel expenses as provided in RCW 43.03.050 and 43.03.060.
     (3) The functions of the advisory council are to:
     (a) Review, evaluate, and advise the department concerning revisions and adoption of rules affecting certification of manufactured housing community managers and the fees to be charged under section 7 of this act; and
     (b) Develop, review, revise, and provide consultation for the approval of the department of the curriculum for the program for certification of manufactured housing community managers.
     (4) The advisory council shall meet at the call of its chair, at the request of a majority of its membership, at the request of the department, or at such times as prescribed by rule.
     (5) The department shall provide adequate staff support to the advisory council to assist it in fulfilling its duties.

NEW SECTION.  Sec. 7   The department shall set, by rule, and charge fees for the application, issuance, and renewal of certifications.

NEW SECTION.  Sec. 8   No department, trade association, or instructor is responsible for the conduct of a landlord, manager, owner, or other person attending manager certification training or continuing education under this section. This section does not create a cause of action against the department, a trade association, or instructor related to the training.

NEW SECTION.  Sec. 9   A violation of this chapter is a class 1 civil infraction under RCW 7.80.120.

NEW SECTION.  Sec. 10   Sections 3 and 4 of this act take effect January 1, 2011.

NEW SECTION.  Sec. 11   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. 12   Sections 1 through 11 of this act constitute a new chapter in Title 59 RCW.