H-3030.2
HOUSE BILL 2622
State of Washington
64th Legislature
2016 Regular Session
By Representatives Manweller, Vick, Haler, and Muri
Read first time 01/18/16. Referred to Committee on Business & Financial Services.
AN ACT Relating to eliminating various occupational licensure and certification requirements through creation of a state review web site; amending RCW 18.11.050, 18.11.070, 18.11.085, 18.11.095, 18.11.200, 18.11.220, 18.11.240, 18.16.020, 18.16.030, 18.16.050, 18.16.060, 18.16.130, 18.16.170, 18.16.175, 18.16.190, 18.16.200, 18.16.290, 18.96.010, 18.96.020, 18.96.030, 18.240.005, 18.240.010, 18.240.020, 19.138.021, 19.138.040, 19.138.100, 19.138.180, 19.138.310, 46.10.420, 67.08.100, 77.65.010, 77.65.480, 77.65.490, 79A.60.410, 79A.60.430, and 79A.60.450; reenacting and amending RCW 77.65.370; adding a new section to chapter 67.08 RCW; adding a new chapter to Title 18 RCW; repealing RCW 18.11.060, 18.11.121, 18.11.130, 18.11.140, 18.11.160, 18.11.170, 18.11.180, 18.11.190, 18.11.205, 18.11.210, 18.11.270, 18.11.280, 18.96.040, 18.96.060, 18.96.070, 18.96.080, 18.96.090, 18.96.100, 18.96.110, 18.96.120, 18.96.140, 18.96.150, 18.96.180, 18.96.190, 18.96.200, 18.96.210, 18.96.230, 18.240.030, 18.240.050, 18.240.060, 18.240.070, 18.240.080, 18.240.090, 46.10.485, 77.65.440, 77.65.560, 79A.60.480, and 79A.60.490; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION.  Sec. 1.  The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Department" means the department of licensing.
(2) "Registered individual" means an individual performing one or more of the occupations listed in section 2 of this act that has met the registration requirements with Washington effective licensing port.
(3) "Washington effective licensing port" means the web site created by the department for purposes of registering individuals working in one or more of the occupations listed in section 2 of this act.
NEW SECTION.  Sec. 2.  Any individual working in the state in one or more of the following occupations must have an active registration profile on the Washington effective licensing port web site:
(1) Animal massage;
(2) Auctioneer;
(3) Boxing announcer;
(4) Snowmobile/off-road dealer;
(5) Food fish or game fishing guide, or both;
(6) Landscape architect;
(7) Manicurist; and
(8) Whitewater river outfitter.
NEW SECTION.  Sec. 3.  The department shall create a comprehensive and user-friendly web site for public comment on and review of all individuals working in one or more of the occupations listed in section 2 of this act. The department may contract with outside vendors and experts to assist in the development of the web site. The web site must allow any individual working in one or more of the occupations in section 2 of this act to register and create a profile that lists business contact information and allows for public comment and review of that individual's service. The department may charge a fee of no more than twenty-five dollars for the individual's first creation of their profile. The web site must allow any member of the public to view postings regarding registered individuals and allow consumers to post reviews of registered individuals. The consumer's post must include a "star" rating on a scale of one to five stars, with five stars being the highest rating of service, and the consumer must be allowed to post additional comments if they choose. Prior to posting a review, the web site should require the consumer to attest that they actually received services from the registered individual and that the information provided in the review is accurate to his or her knowledge. The consumer must attest by checking a box provided on the web site. The web site should include a searchable list of all registered individuals in each occupational category, with links to any enforcement actions by the department. The web site should list contact information for the department so as to facilitate complaints against individuals performing work in the above-referenced occupations that are not registered with Washington effective licensing port.
NEW SECTION.  Sec. 4.  (1) The department is authorized to take one or more of the actions listed in subsection (2) of this section in any case in which the department finds that an individual has:
(a) Performed work in which he or she should be registered with Washington effective licensing port under section 2 of this act, but failed or refused to comply with the registration requirements; or
(b) Failed or refused to post their current star rating in a conspicuous place at their location of business within the previous three hundred sixty-four days. The department shall determine the form of posting of the current star rating.
(2) When authorized by subsection (1) of this section, the department may take one or more of the following actions:
(a) Refuse to allow the individual to register with Washington effective licensing port;
(b) Revoke the individual's registration with Washington effective licensing port;
(c) Suspend the individual's registration with Washington effective licensing port until the individual posts their current star rating as required by subsection (1) of this section; or
(d) Impose civil penalties of up to one thousand dollars for each violation.
Sec. 5.  RCW 18.11.050 and 1986 c 324 s 2 are each amended to read as follows:
Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
(1) "Auctioneer" means an individual who calls bids at an auction.
(2) "Auction" means a transaction conducted by means of exchanges between an auctioneer and the members of his or her audience, constituting a series of invitations for offers for the purchase of goods or real property made by the auctioneer, offers by members of the audience, and the acceptance of the highest or most favorable offer.
(3) "Auction mart" means any fixed or established place designed, intended, or used for the conduct of auctions.
(4) "Auction company" means a sole proprietorship, partnership, corporation, or other legal or commercial entity that sells or offers to sell goods or real estate at auction or arranges, sponsors, or manages auctions. The term "auction company" shall exclude any sole proprietorship owned by an auctioneer licensed under this chapter whose gross annual sales do not exceed twenty-five thousand dollars.
(5) (("Department" means the department of licensing.
(6) "Director" means the director of licensing.
(7))) "Person" means an individual, partnership, association, corporation, or any other form of business enterprise.
(((8))) (6) "Goods" means wares, chattels, merchandise, or personal property owned or consigned, which may be lawfully kept or offered for sale.
(((9) "License" means state authority to operate as an auctioneer or auction company, which authority is conferred by issuance of a certificate of registration subject to annual renewal.
(10) "Licensee" means an auctioneer or auction company registered under this chapter.))
Sec. 6.  RCW 18.11.070 and 1999 c 398 s 1 are each amended to read as follows:
(1) It is unlawful for any person to act as an auctioneer or for an auction company to engage in any business in this state without ((a license)) registering with Washington effective licensing port in accordance with section 2 of this act.
(2) This chapter does not apply to:
(a) An auction of goods conducted by an individual who personally owns those goods and who did not acquire those goods for resale;
(b) An auction conducted by or under the direction of a public authority;
(c) An auction held under judicial order in the settlement of a decedent's estate;
(d) An auction which is required by law to be at auction;
(e) An auction conducted by or on behalf of a political organization or a charitable corporation or association if the person conducting the sale receives no compensation;
(f) An auction of livestock or agricultural products which is conducted under chapter 16.65 or 20.01 RCW. Auctions not regulated under chapter 16.65 or 20.01 RCW shall be fully subject to the provisions of this chapter;
(g) An auction held under chapter 19.150 RCW;
(h) An auction of an abandoned vehicle under chapter 46.55 RCW; or
(i) An auction of fur pelts conducted by any cooperative association organized under chapter 23.86 RCW or its wholly owned subsidiary. In order to qualify for this exemption, the fur pelts must be from members of the association. However, the association, without loss of the exemption, may auction pelts that it purchased from nonmembers for the purpose of completing lots or orders, so long as the purchased pelts do not exceed fifteen percent of the total pelts auctioned.
Sec. 7.  RCW 18.11.085 and 2002 c 86 s 206 are each amended to read as follows:
Every individual, before acting as an auctioneer, shall ((obtain an auctioneer certificate of registration. To be licensed as an auctioneer, an individual shall meet all of the following requirements:
(1) Be at least eighteen years of age or sponsored by a licensed auctioneer.
(2) File with the department a completed application on a form prescribed by the director.
(3) Show that the proper tax registration certificate required by RCW 82.32.030 has been obtained from the department of revenue.
(4) Pay the auctioneer registration fee required under the agency rules adopted pursuant to this chapter.
(5) Except as otherwise provided under RCW 18.11.121, file with the department an auctioneer surety bond in the amount and form required by RCW 18.11.121 and the agency rules adopted pursuant to this chapter.
(6) Have no disqualifications under RCW 18.11.160 or 18.235.130)) register with Washington effective licensing port in accordance with section 2 of this act. Nothing in this section removes the obligations under RCW 18.235.130.
Sec. 8.  RCW 18.11.095 and 2002 c 86 s 207 are each amended to read as follows:
Every person, before operating an auction company as defined in RCW 18.11.050, shall ((obtain an auction company certificate of registration)) register with Washington effective licensing port in accordance with section 2 of this act.
(((1) Except as provided in subsection (2) of this section, to be licensed as an auction company, a person shall meet all of the following requirements:
(a) File with the department a completed application on a form prescribed by the director.
(b) Sign a notarized statement included on the application form that all auctioneers hired by the auction company to do business in the state shall be properly registered under this chapter.
(c) Show that the proper tax registration certificate required by RCW 82.32.030 has been obtained from the department of revenue.
(d) Pay the auction company registration fee required under the agency rules adopted pursuant to this chapter.
(e) File with the department an auction company surety bond in the amount and form required by RCW 18.11.121 and the agency rules adopted pursuant to this chapter.
(f) Have no disqualifications under RCW 18.11.160 or 18.235.130.
(2) An auction company shall not be charged a license fee if it is a sole proprietorship or a partnership owned by an auctioneer or auctioneers, each of whom is licensed under this chapter, and if it has in effect a surety bond or bonds or other security approved by the director in the amount that would otherwise be required for an auction company to be granted or to retain a license under RCW 18.11.121.))
Sec. 9.  RCW 18.11.200 and 2002 c 86 s 211 are each amended to read as follows:
The director shall adopt rules for the purpose of carrying out and developing this chapter((, including rules governing the conduct of inspections)).
Sec. 10.  RCW 18.11.220 and 1987 c 336 s 3 are each amended to read as follows:
The client of an auctioneer or auction company has a right to (1) an accounting for any money that the auctioneer or auction company receives from the sale of the client's goods, and (2) payment of all money due to the client within twenty-one calendar days unless the parties have mutually agreed in writing to another time of payment((, and (3) bring an action against the surety bond or other security filed in lieu of the surety bond for any violation of this chapter or the rules adopted pursuant to this chapter)).
Sec. 11.  RCW 18.11.240 and 1986 c 324 s 22 are each amended to read as follows:
The following requirements shall apply to bidding at auctions:
(1) An auctioneer conducting an auction and an auction company where an auction is being held shall not bid on or offer to buy any goods or real property at the auction unless the auctioneer or the auction company discloses the name of the person on whose behalf the bid or offer is being made.
(2) An auctioneer and an auction company shall not use any method of bidding at an auction that will allow goods or real property to be purchased in an undisclosed manner on behalf of the auctioneer or auction company.
(3) At a public auction conducted or supervised by an auctioneer or auction company, the auctioneer or auction company shall not fictitiously raise any bid, knowingly permit any person to make a fictitious bid, or employ or use another person to act as a bidder or buyer.
(4) All goods or real property offered for sale at an auction shall be subject to a reserve or a confirmation from the owner or consignor unless otherwise indicated by the auctioneer or auction company. Except as provided in this subsection, an auctioneer or auction company shall not use any method of bidding at an auction that allows the auctioneer or auction company to avoid selling any property offered for sale at auction.
(5) ((A licensee)) An individual registered with Washington effective licensing port who violates any provision of this section shall be subject to an administrative fine in a sum not exceeding five hundred dollars for each violation.
Sec. 12.  RCW 18.16.020 and 2015 c 62 s 1 are each amended to read as follows:
As used in this chapter, the following terms have the meanings indicated unless the context clearly requires otherwise:
(1) "Apprentice" means a person who is engaged in a state-approved apprenticeship program and who must receive a wage or compensation while engaged in the program.
(2) "Apprentice monthly report" means the apprentice record of daily activities and the number of hours completed in each course of a curriculum that is prepared monthly by the approved apprenticeship program and provided to the apprentice, audited annually by the department, and kept on file by the approved apprenticeship program for three years.
(3) "Apprentice trainer" means a person who gives training to an apprentice in an approved apprenticeship program and who is approved under RCW 18.16.280.
(4) "Apprenticeship program" means a state-approved apprenticeship program pursuant to chapter 49.04 RCW and approved under RCW 18.16.280 for the training of cosmetology, hair design, barbering, esthetics, and master esthetics((, and manicuring)).
(5) "Apprenticeship training committee" means a committee approved by the Washington apprenticeship and training council established in chapter 49.04 RCW.
(6) "Approved apprenticeship shop" means a salon/shop that has been approved under RCW 18.16.280 and chapter 49.04 RCW to participate in an apprenticeship program.
(7) "Approved security" means surety bond.
(8) "Barber" means a person licensed under this chapter to engage in the practice of barbering.
(9) "Board" means the cosmetology, hair design, barbering, and esthetics((, and manicuring)) advisory board.
(10) "Cosmetologist" means a person licensed under this chapter to engage in the practice of cosmetology.
(11) "Crossover training" means training approved by the director as training hours that may be credited to current licensees for similar training received in another profession licensed under this chapter.
(12) "Curriculum" means the courses of study taught at a school, online training by a school, in an approved apprenticeship program established by the Washington state apprenticeship and training council and conducted in an approved salon/shop, or online training by an approved apprenticeship program, set by rule under this chapter, and approved by the department. After consulting with the board, the director may set by rule a percentage of hours in a curriculum, up to a maximum of ten percent, that could include hours a student receives while training in a salon/shop under a contract approved by the department. Each curriculum must include at least the following required hours:
(a) School curriculum:
(i) Cosmetologist, one thousand six hundred hours;
(ii) Hair design, one thousand four hundred hours;
(iii) Barber, one thousand hours;
(iv) ((Manicurist, six hundred hours;
(v))) Esthetician, seven hundred fifty hours;
(((vi))) (v) Master esthetician either:
(A) One thousand two hundred hours; or
(B) Esthetician licensure plus four hundred fifty hours of training;
(vi) (([(vii)])) Instructor-trainee, five hundred hours, except that an instructor-trainee may submit documentation that provides evidence of experience as a licensed cosmetologist, hair designer, barber, ((manicurist,)) esthetician, or master esthetician for competency evaluation toward credit of not more than three hundred hours of instructor-training.
(b) Apprentice training curriculum:
(i) Cosmetologist, two thousand hours;
(ii) Hair design, one thousand seven hundred fifty hours;
(iii) Barber, one thousand two hundred hours;
(iv) ((Manicurist, eight hundred hours;
(v))) Esthetician, eight hundred hours;
(((vi))) (v) Master esthetician, one thousand four hundred hours.
(13) "Department" means the department of licensing.
(14) "Director" means the director of the department of licensing or the director's designee.
(15) "Esthetician" means a person licensed under this chapter to engage in the practice of esthetics.
(16) "Hair design" means the practice of arranging, dressing, cutting, trimming, styling, shampooing, permanent waving, chemical relaxing, straightening, curling, bleaching, lightening, coloring, mustache and beard design, and superficial skin stimulation of the scalp.
(17) "Hair designer" means a person licensed under this chapter to engage in the practice of hair design.
(18) "Individual license" means a cosmetology, hair design, barber, ((manicurist,)) esthetician, master esthetician, or instructor license issued under this chapter.
(19) "Instructor" means a person who gives instruction in a school, or who provides classroom theory training to apprentices in locations other than in a school, in a curriculum in which he or she holds a license under this chapter, has completed at least five hundred hours of instruction in teaching techniques and lesson planning in a school, or who has documented experience as an instructor for more than five hundred hours in another state in the curriculum of study, and has passed a licensing examination approved or administered by the director. An applicant who holds a degree in education from an accredited postsecondary institution shall upon application be licensed as an instructor to give instruction in a school, or to provide classroom theory training to apprentices in locations other than in a school, in a curriculum in which he or she holds a license under this chapter. An applicant who holds an instructional credential from an accredited community or technical college and who has passed a licensing examination approved or administered by the director shall upon application be licensed as an instructor to give instruction in a school, or to provide classroom theory training to apprentices in locations other than in a school, in a curriculum in which he or she holds a license under this chapter. To be approved as an "instructor" in an approved apprenticeship program, the instructor must be a competent instructor as defined in rules adopted under chapter 49.04 RCW.
(20) "Instructor-trainee" means a person who is currently licensed in this state as a cosmetologist, hair designer, barber, ((manicurist,)) esthetician, or master esthetician, and is enrolled in an instructor-trainee curriculum in a school licensed under this chapter.
(21) "Location license" means a license issued under this chapter for a salon/shop, school, personal services, or mobile unit.
(22) (("Manicurist" means a person licensed under this chapter to engage in the practice of manicuring.
(23))) "Master esthetician" means a person licensed under this chapter to engage in the practice of master esthetics.
(((24))) (23) "Mobile unit" is a location license under this chapter where the practice of cosmetology, barbering, esthetics, or master esthetics((, or manicuring)) is conducted in a mobile structure. Mobile units must conform to the health and safety standards set by rule under this chapter.
(((25))) (24) "Online training" means theory training provided online, by a school licensed under this chapter or an approved apprenticeship program established by the Washington state apprenticeship and training council, in the areas of cosmetology, hair design, master esthetics, ((manicuring,)) barbering, esthetics, and instructor-training.
(((26))) (25) "Person" means any individual, partnership, professional service corporation, joint stock association, joint venture, or any other entity authorized to do business in this state.
(((27))) (26) "Personal services" means a location licensed under this chapter where the practice of cosmetology, hair design, barbering, manicuring, esthetics, or master esthetics is performed for clients in the client's home, office, or other location that is convenient for the client.
(((28))) (27) "Practice of barbering" means the cutting, trimming, arranging, dressing, curling, shampooing, shaving, and mustache and beard design of the hair of the face, neck, and scalp.
(((29))) (28) "Practice of cosmetology" means arranging, dressing, cutting, trimming, styling, shampooing, permanent waving, chemical relaxing, straightening, curling, bleaching, lightening, coloring, waxing, tweezing, shaving, and mustache and beard design of the hair of the face, neck, and scalp; temporary removal of superfluous hair by use of depilatories, waxing, or tweezing; ((manicuring and pedicuring, limited to cleaning, shaping, polishing, decorating, and caring for and treatment of the cuticles and nails of the hands and feet, excluding the application and removal of sculptured or otherwise artificial nails;)) esthetics limited to toning the skin of the scalp, stimulating the skin of the body by the use of preparations, tonics, lotions, or creams; and tinting eyelashes and eyebrows.
(((30))) (29) "Practice of esthetics" means the care of the skin for compensation by application, use of preparations, antiseptics, tonics, essential oils, exfoliants, superficial and light peels, or by any device, except laser, or equipment, electrical or otherwise, or by wraps, compresses, cleansing, conditioning, stimulation, superficial skin stimulation, pore extraction, or product application and removal; temporary removal of superfluous hair by means of lotions, creams, appliance, waxing, threading, tweezing, or depilatories, including chemical means; and application of product to the eyelashes and eyebrows, including extensions, design and treatment, tinting and lightening of the hair, excluding the scalp. Under no circumstances does the practice of esthetics include the administration of injections.
(((31))) (30) "Practice of manicuring" means the cleaning, shaping, polishing, decorating, and caring for and treatment of the cuticles and the nails of the hands or feet, and the application and removal of sculptured or otherwise artificial nails by hand or with mechanical or electrical apparatus or appliances.
(((32))) (31) "Practice of master esthetics" means the care of the skin for compensation including all of the methods allowed in the definition of the practice of esthetics. It also includes the performance of medium depth peels and the use of medical devices for care of the skin and permanent hair reduction. The medical devices include, but are not limited to, lasers, light, radio frequency, plasma, intense pulsed light, and ultrasound. The use of a medical device must comply with state law and rules, including any laws or rules that require delegation or supervision by a licensed health professional acting within the scope of practice of that health profession.
(((33))) (32) "Salon/shop" means any building, structure, or any part thereof, other than a school, where the commercial practice of cosmetology, barbering, hair design, esthetics, or master esthetics((, or manicuring)) is conducted; provided that any person, except employees of a salon/shop, who operates from a salon/shop is required to meet all salon/shop licensing requirements and may participate in the apprenticeship program when certified as established by the Washington state apprenticeship and training council established in chapter 49.04 RCW.
(((34))) (33) "School" means any establishment that offers curriculum of instruction in the practice of cosmetology, hair design, barbering, esthetics, master esthetics, ((manicuring,)) or instructor-trainee to students and is licensed under this chapter.
(((35))) (34) "Student" means a person sixteen years of age or older who is enrolled in a school licensed under this chapter and receives instruction in any of the curricula of cosmetology, barbering, hair design, esthetics, master esthetics, ((manicuring,)) or instructor-training with or without tuition, fee, or cost, and who does not receive any wage or commission.
(((36))) (35) "Student monthly report" means the student record of daily activities and the number of hours completed in each course of a curriculum that is prepared monthly by the school and provided to the student, audited annually by the department, and kept on file by the school for three years.
Sec. 13.  RCW 18.16.030 and 2015 c 62 s 2 are each amended to read as follows:
In addition to any other duties imposed by law, including RCW 18.235.030 and 18.235.040, the director shall have the following powers and duties:
(1) To set all license, examination, and renewal fees in accordance with RCW 43.24.086;
(2) To adopt rules necessary to implement this chapter;
(3) To prepare and administer or approve the preparation and administration of licensing examinations;
(4) To establish minimum safety and sanitation standards for schools, instructors, cosmetologists, barbers, hair designers, ((manicurists,)) estheticians, master estheticians, salons/shops, personal services, and mobile units;
(5) To establish curricula for the training of students and apprentices under this chapter;
(6) To maintain the official department record of applicants and licensees;
(7) To establish by rule the procedures for an appeal of an examination failure;
(8) To set license expiration dates and renewal periods for all licenses consistent with this chapter;
(9) To ensure that all informational notices produced and mailed by the department regarding statutory and regulatory changes affecting any particular class of licensees are mailed to each licensee in good standing or on inactive status in the affected class whose mailing address on record with the department has not resulted in mail being returned as undeliverable for any reason; and
(10) To make information available to the department of revenue to assist in collecting taxes from persons required to be licensed under this chapter.
Sec. 14.  RCW 18.16.050 and 2015 c 62 s 3 are each amended to read as follows:
(1) There is created a state cosmetology, hair design, barbering, and esthetics((, and manicuring)) advisory board consisting of a maximum of ten members appointed by the director. These members of the board shall include: A representative of private schools licensed under this chapter; a representative from an approved apprenticeship program conducted in an approved salon/shop; a representative of public vocational technical schools licensed under this chapter; a consumer who is unaffiliated with the cosmetology, hair design, barbering, esthetics, or master esthetics((, or manicuring)) industry; and six members who are currently practicing licensees who have been engaged in the practice of ((manicuring,)) esthetics, master esthetics, barbering, hair design, or cosmetology for at least three years. Members shall serve a term of three years. Any board member may be removed for just cause. The director may appoint a new member to fill any vacancy on the board for the remainder of the unexpired term.
(2) Board members shall be entitled to compensation pursuant to RCW 43.03.240 for each day spent conducting official business and to reimbursement for travel expenses as provided by RCW 43.03.050 and 43.03.060.
(3) The board may seek the advice and input of officials from the following state agencies: (a) The workforce training and education coordinating board; (b) the employment security department; (c) the department of labor and industries; (d) the department of health; (e) the department of licensing; and (f) the department of revenue.
Sec. 15.  RCW 18.16.060 and 2015 c 62 s 4 are each amended to read as follows:
(1) It is unlawful for any person to engage in a practice listed in subsection (2) of this section unless the person has a license in good standing as required by this chapter. A license issued under this chapter shall be considered to be "in good standing" except when:
(a) The license has expired or has been canceled and has not been renewed in accordance with RCW 18.16.110;
(b) The license has been denied, revoked, or suspended under RCW 18.16.210, 18.16.230, or 18.16.240, and has not been reinstated;
(c) The license is held by a person who has not fully complied with an order of the director issued under RCW 18.16.210 requiring the licensee to pay restitution or a fine, or to acquire additional training; or
(d) The license has been placed on inactive status at the request of the licensee, and has not been reinstated in accordance with RCW 18.16.110(3).
(2) The director may take action under RCW 18.235.150 and 18.235.160 against any person who does any of the following without first obtaining, and maintaining in good standing, the license required by this chapter:
(a) Except as provided in subsections (3) and (4) of this section, engages in the commercial practice of cosmetology, hair design, barbering, esthetics, or master esthetics((, or manicuring));
(b) Instructs in a school;
(c) Operates a school; or
(d) Operates a salon/shop, personal services, or mobile unit.
(3) A person who receives a license as an instructor may engage in the commercial practice for which he or she held a license when applying for the instructor license without also renewing the previously held license. However, a person licensed as an instructor whose license to engage in a commercial practice is not or at any time was not renewed may not engage in the commercial practice previously permitted under that license unless that person renews the previously held license.
(4) An apprentice actively enrolled in an apprenticeship program for cosmetology, barbering, hair design, esthetics, or master esthetics((, or manicuring)) may engage in the commercial practice as required for the apprenticeship program.
(5) An individual engaged in the practice of manicuring must register with Washington effective licensing port in accordance with section 2 of this act.
Sec. 16.  RCW 18.16.130 and 2015 c 62 s 5 are each amended to read as follows:
(1) Any person who is properly licensed in any state, territory, or possession of the United States, or foreign country shall be eligible for examination if the applicant submits the approved application and fee and provides proof to the director that he or she is currently licensed in good standing as a cosmetologist, hair designer, barber, ((manicurist,)) esthetician, master esthetician, instructor, or the equivalent in that jurisdiction. Upon passage of the required examinations the appropriate license will be issued.
(2)(a) The director shall, upon passage of the required examinations, issue a license as master esthetician to an applicant who submits the approved application and fee and provides proof to the director that the applicant is currently licensed in good standing in esthetics in any state, territory, or possession of the United States, or foreign country and holds a diplomate of the comite international d'esthetique et de cosmetologie diploma, or an international therapy examination council diploma, or a certified credential awarded by the national coalition of estheticians, manufacturers/distributors & associations.
(b) The director may upon passage of the required examinations, issue a master esthetician license to an applicant that is currently licensed in esthetics in any other state, territory, or possession of the United States, or foreign country and submits an approved application and fee and provides proof to the director that he or she is licensed in good standing and:
(i) The licensing state, territory, or possession of the United States, or foreign country has licensure requirements that the director determines are substantially equivalent to a master esthetician license in this state; or
(ii) The applicant has certification or a diploma or other credentials that the director determines has licensure requirements that are substantially equivalent to the degree listed in (a) of this subsection.
Sec. 17.  RCW 18.16.170 and 2015 c 62 s 6 are each amended to read as follows:
(1) Subject to subsection (2) of this section, licenses issued under this chapter expire as follows:
(a) A salon/shop, personal services, or mobile unit license expires one year from issuance or when the insurance required by RCW 18.16.175(1)(g) expires, whichever occurs first;
(b) A school license expires one year from issuance; and
(c) Cosmetologist, hair designer, barber, ((manicurist,)) esthetician, master esthetician, and instructor licenses expire two years from issuance.
(2) The director may provide for expiration dates other than those set forth in subsection (1) of this section for the purpose of establishing staggered renewal periods.
Sec. 18.  RCW 18.16.175 and 2015 c 62 s 7 are each amended to read as follows:
(1) A salon/shop or mobile unit shall meet the following minimum requirements:
(a) Maintain an outside entrance separate from any rooms used for sleeping or residential purposes;
(b) Provide and maintain for the use of its customers adequate toilet facilities located within or adjacent to the salon/shop or mobile unit;
(c) Any room used wholly or in part as a salon/shop or mobile unit shall not be used for residential purposes, except that toilet facilities may be used for both residential and business purposes;
(d) Meet the zoning requirements of the county, city, or town, as appropriate;
(e) Provide for safe storage and labeling of chemicals used in the practices under this chapter;
(f) Meet all applicable local and state fire codes; and
(g) Certify that the salon/shop or mobile unit is covered by a public liability insurance policy in an amount not less than one hundred thousand dollars for combined bodily injury and property damage liability.
(2) The director may by rule determine other requirements that are necessary for safety and sanitation of salons/shops, personal services, or mobile units. The director may consult with the state board of health and the department of labor and industries in establishing minimum salon/shop, personal services, and mobile unit safety requirements.
(3) Personal services license holders shall certify coverage of a public liability insurance policy in an amount not less than one hundred thousand dollars for combined bodily injury and property damage liability.
(4) Upon receipt of a written complaint that a salon/shop or mobile unit has violated any provisions of this chapter, chapter 18.235 RCW, or the rules adopted under either chapter, or at least once every two years for an existing salon/shop or mobile unit, the director or the director's designee shall inspect each salon/shop or mobile unit. If the director determines that any salon/shop or mobile unit is not in compliance with this chapter, the director shall send written notice to the salon/shop or mobile unit. A salon/shop or mobile unit which fails to correct the conditions to the satisfaction of the director within a reasonable time shall, upon due notice, be subject to the penalties imposed by the director under RCW 18.235.110. The director may enter any salon/shop or mobile unit during business hours for the purpose of inspection. The director may contract with health authorities of local governments to conduct the inspections under this subsection.
(5) A salon/shop, personal services, or mobile unit shall obtain a certificate of registration from the department of revenue.
(6) This section does not prohibit the use of motor homes as mobile units if the motor home meets the health and safety standards of this section.
(7) Salon/shop or mobile unit licenses issued by the department must be posted in the salon/shop or mobile unit's reception area.
(8) Cosmetology, hair design, barbering, esthetics, and master esthetics((, and manicuring)) licenses issued by the department must be posted at the licensed person's work station.
Sec. 19.  RCW 18.16.190 and 2015 c 62 s 9 are each amended to read as follows:
It is a violation of this chapter for any person to engage in the commercial practice of cosmetology, hair design, barbering, esthetics, or master esthetics, ((or manicuring,)) except in a licensed salon/shop or the home, office, or other location selected by the client for obtaining the services of a personal service operator, or with the appropriate individual license when delivering services to placebound clients. Placebound clients are defined as persons who are ill, disabled, or otherwise unable to travel to a salon/shop.
Sec. 20.  RCW 18.16.200 and 2015 c 62 s 10 are each amended to read as follows:
In addition to the unprofessional conduct described in RCW 18.235.130, the director may take disciplinary action against any applicant or licensee under this chapter if the licensee or applicant:
(1) Has been found to have violated any provisions of chapter 19.86 RCW;
(2) Has engaged in a practice prohibited under RCW 18.16.060 without first obtaining, and maintaining in good standing, the license required by this chapter;
(3) Has engaged in the commercial practice of cosmetology, hair design, barbering, ((manicuring,)) esthetics, or master esthetics in a school;
(4) Has not provided a safe, sanitary, and good moral environment for students in a school or the public;
(5) Has failed to display licenses required in this chapter; or
(6) Has violated any provision of this chapter or any rule adopted under it.
Sec. 21.  RCW 18.16.290 and 2015 c 62 s 11 are each amended to read as follows:
(1) If the holder of an individual license in good standing submits a written and notarized request that the licensee's cosmetology, hair design, barber, ((manicurist,)) esthetician and master esthetician, or instructor license be placed on inactive status, together with a fee equivalent to that established by rule for a duplicate license, the department shall place the license on inactive status until the expiration date of the license. If the date of the request is no more than six months before the expiration date of the license, a request for a two-year extension of the inactive status, as provided under subsection (2) of this section, may be submitted at the same time as the request under this subsection.
(2) If the holder of a license placed on inactive status under this section submits, by the expiration date of the license, a written and notarized request to extend that status for an additional two years, the department shall, without additional fee, extend the expiration date of: (a) The licensee's individual license; and (b) the inactive status for two years from the expiration date of the license.
(3) A license placed on inactive status under this section may not be extended more frequently than once in any twenty-four month period or for more than six consecutive years.
(4) If, by the expiration date of a license placed on inactive status under this section, a licensee is unable, or fails, to request that the status be extended and the license is not renewed, the license shall be canceled.
Sec. 22.  RCW 18.96.010 and 2009 c 370 s 2 are each amended to read as follows:
In order to safeguard human health and property, and to promote the public welfare, any person in either public or private capacity practicing or offering to practice landscape architecture for hire ((shall be required to submit evidence that he or she is qualified so to practice and shall be licensed under the provisions of this chapter)) must register with Washington effective licensing port in accordance with section 2 of this act.
Sec. 23.  RCW 18.96.020 and 2009 c 370 s 3 are each amended to read as follows:
(1) It is unlawful for any person to practice or offer to practice in this state, landscape architecture, or to use in connection with his or her name or otherwise assume, use, or advertise any title or description including the phrases "landscape architect," "landscape architecture," "landscape architectural," or language tending to imply that he or she is a landscape architect, unless the person is ((licensed or authorized to practice in the state of Washington under this chapter)) registered with Washington effective licensing port.
(2) A person may use the title "intern landscape architect" after graduation from an accredited degree program in landscape architecture and working under the direct supervision of a ((licensed)) landscape architect registered with Washington effective licensing port.
(3) This section does not affect the use of the phrases "landscape architect," "landscape architecture," or "landscape architectural" where a person does not practice or offer to practice landscape architecture.
Sec. 24.  RCW 18.96.030 and 2009 c 370 s 4 are each amended to read as follows:
The definitions in this section apply throughout this chapter, unless the context clearly requires otherwise.
(1) "Administration of ((the construction)) contracts" means the periodic observation of materials and work to observe the general compliance with the construction contract documents, and does not include responsibility for supervising construction methods and processes, site conditions, equipment operations, personnel, or safety on the worksite.
(2) (("Board" means the state board of licensure for landscape architects.
(3) "Certificate of licensure" means the certificate issued by the director to newly licensed landscape architects.
(4) "Department" means the department of licensing.
(5) "Design" means the conceiving, planning, delineation, siting, and arrangement of natural and built features. Where applied to the discussion of structures or utility systems, design does not include the act of engineering such features.
(6) "Director" means the director of licensing.
(7) "Engineer" means an individual who is registered as an engineer under chapter 18.43 RCW.
(8) "Engineering" means the "practice of engineering" as defined in RCW 18.43.020.
(9))) "Landscape architect" means an individual who engages in the practice of landscape architecture.
(((10))) (3) "Landscape architecture" means the rendering of professional services in connection with consultations, investigations, reconnaissance, research, planning, design, construction document preparation, construction administration, or teaching supervision in connection with the development of land areas where, and to the extent that, the dominant purpose of such services is the preservation, enhancement, or determination of proper land uses, natural land features, ground cover and planting, naturalistic and aesthetic values, the settings and approaches to structures or other improvements, or natural drainage and erosion control. This practice includes the location, design, and arrangement of such tangible objects as pools, walls, steps, trellises, canopies, and such features as are incidental and necessary to the purposes in this chapter. Landscape architecture involves the design and arrangement of land forms and the development of outdoor space including, but not limited to, the design of public parks, trails, playgrounds, cemeteries, home and school grounds, and the development of industrial and recreational sites.
(((11) "Licensed" means holding a currently valid certificate of licensure issued by the director authorizing the practice of landscape architecture.
(12))) (4) "Person" means any individual, partnership, professional service corporation, corporation, joint stock association, joint venture, or any other entity authorized to do business in the state.
(((13))) (5) "Practice of landscape architecture" means the rendering of services where landscape architectural education, training, experience, and the application of mathematical, physical, and social science principles are applied in consultation, evaluation, planning, design including, but not limited to, the preparation and filing of plans, drawings, specifications, and other contract documents, and administration of contracts relative to projects principally directed at the functional and aesthetic use and preservation of land.
Sec. 25.  RCW 18.240.005 and 2007 c 70 s 1 are each amended to read as follows:
((The certification of animal massage practitioners is in the interest of the public health, safety, and welfare.)) While veterinarians and certain massage practitioners may perform animal massage techniques, the legislature finds that meeting all of the requirements of those professions can be unnecessarily cumbersome for those individuals who would like to limit their practice only to animal massage. Requiring animal massage practitioners to register with Washington effective licensing port will ensure adequate protection of public health, safety, and welfare.
Sec. 26.  RCW 18.240.010 and 2007 c 70 s 2 are each amended to read as follows:
The definition((s)) in this section ((apply)) applies throughout this chapter unless the context clearly requires otherwise.
(((1) "Board" means the veterinary board of governors established in chapter 18.92 RCW.
(2))) "((Certified)) Animal massage ((practitioner))" means ((an individual who provides)) external manipulation or pressure of soft tissues by use of the hands, body, or device designed and limited to providing massage. "Animal massage" may include techniques such as stroking, percussions, compressions, friction, Swedish gymnastics or movements, gliding, kneading, range of motion or stretching, and fascial or connective tissue stretching, with or without the aid of superficial heat, cold, water, lubricants, or salts. "Animal massage" does not include: Diagnosis, prognosis, or all treatment of diseases, deformities, defects, wounds, or injuries of animals; attempts to adjust or manipulate any articulations of the animal's body or spine or mobilization of these articulations by the use of a thrusting force; acupuncture involving the use of needles; or mechanical therapies that are restricted to the field of veterinary medicine. Animal massage may be performed solely for purposes of patient well-being.
(((3) "Department" means the department of health.
(4) "Secretary" means the secretary of health or the secretary's designee.))
Sec. 27.  RCW 18.240.020 and 2007 c 70 s 3 are each amended to read as follows:
No person may practice ((as a certified)) animal massage ((practitioner)) in this state ((without having a certification issued by the secretary unless he or she)) unless he or she meets one of the following requirements:
(1) Registers with Washington effective licensing port in accordance with section 2 of this act; or
(2) Is exempt under RCW 18.240.040.
Sec. 28.  RCW 19.138.021 and 2001 c 44 s 1 are each amended to read as follows:
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 or the director's designee.
(3) "Sale of travel-related benefits" means the sale of travel services if the travel services are not identified at the time of the sale with respect to dates, price, or location and includes:
(a) Sales of travel club memberships;
(b) Sales of vacation certificates or other documents that purport to grant the holder of the certificate or other document the ability to obtain future travel services, with or without additional consideration; or
(c) Sales of travel-industry member benefits including those through either or both the issuance and sale or the consulting with or advising for consideration of persons in connection with the obtaining of international airlines travel agent network identification cards or memberships.
(4) "Travel club" means a seller of travel that sells memberships to consumers, where the initial membership or maintenance dues are at least twice the amount of the annual membership or maintenance dues.
(5) "Seller of travel-related benefits" means a person, firm, or corporation that transacts business with Washington consumers for the sale of travel-related benefits.
(6) "Seller of travel" means a person, firm, or corporation both inside and outside the state of Washington, who transacts business with Washington consumers.
(a) "Seller of travel" includes a travel agent and any person who is an independent contractor or outside agent for a travel agency or other seller of travel whose principal duties include consulting with and advising persons concerning travel arrangements or accommodations in the conduct or administration of its business. ((If a seller of travel is employed by a seller of travel who is registered under this chapter, the employee need not also be registered.))
(b) "Seller of travel" does not include:
(i) An air carrier;
(ii) An owner or operator of a vessel, including an ocean common carrier as defined in 46 U.S.C. App. 1702(18), an owner or charterer of a vessel that is required to establish its financial responsibility in accordance with the requirements of the federal maritime commission, 46 U.S.C. App. 817 (e), and a steamboat company whether or not operating over and upon the waters of this state;
(iii) A motor carrier;
(iv) A rail carrier;
(v) A charter party carrier of passengers as defined in RCW 81.70.020;
(vi) An auto transportation company as defined in RCW 81.68.010;
(vii) A hotel or other lodging accommodation;
(viii) An affiliate of any person or entity described in (i) through (vii) of this subsection (6)(b) that is primarily engaged in the sale of travel services provided by the person or entity. For purposes of this subsection (6)(b)(viii), an "affiliate" means a person or entity owning, owned by, or under common ownership, with "owning," "owned," and "ownership" referring to equity holdings of at least eighty percent;
(ix) Direct providers of transportation by air, sea, or ground, or hotel or other lodging accommodations who do not book or arrange any other travel services.
(7) "Travel services" includes transportation by air, sea, or ground, hotel or any lodging accommodations, package tours, or vouchers or coupons to be redeemed for future travel or accommodations for a fee, commission, or other valuable consideration.
(8) "Advertisement" includes, but is not limited to, a written or graphic representation in a card, brochure, newspaper, magazine, directory listing, or display, and oral, written, or graphic representations made by radio, television, or cable transmission that relates to travel services.
(9) "Transacts business with Washington consumers" means to directly offer or sell travel services or travel-related benefits to Washington consumers, including the placement of advertising in media based in the state of Washington or that is primarily directed to Washington residents. Advertising placed in national print or electronic media alone does not constitute "transacting business with Washington consumers." Those entities who only wholesale travel services are not "transacting business with Washington consumers" for the purposes of this chapter.
Sec. 29.  RCW 19.138.040 and 1999 c 238 s 2 are each amended to read as follows:
At or prior to the time of full or partial payment for any travel services, the seller of travel shall furnish to the person making the payment a written statement conspicuously setting forth the information contained in subsections (1) through (6) of this section. However, if payment is made other than in person, the seller of travel shall transmit to the person making the payment the written statement required by this section within three business days of receipt or processing of the payment. The written statement shall contain the following information:
(1) The name and business address and telephone number of the seller of travel.
(2) The amount paid, the date of such payment, the purpose of the payment made, and an itemized statement of the balance due, if any.
(3) ((The registration number of the seller of travel required by this chapter.
(4))) The name of the vendor with whom the seller of travel has contracted to provide travel arrangements for a consumer and all pertinent information relating to the travel as known by the seller of travel at the time of booking. The seller of travel will make known further details as soon as received from the vendor. All information will be provided with final documentation.
(((5))) (4) An advisory regarding the penalties that would be charged in the event of a cancellation or change by the customer. This may contain either: (a) The specific amount of cancellation and change penalties; or (b) the following statement: "Cancellation and change penalties apply to these arrangements. Details will be provided upon request."
(((6))) (5) A statement in eight-point boldface type in substantially the following form:
"If transportation or other services are canceled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date."
Sec. 30.  RCW 19.138.100 and 2001 c 44 s 4 are each amended to read as follows:
No person, firm, or corporation may act or hold itself out as a seller of travel unless, prior to engaging in the business of selling or advertising to sell travel services or travel-related benefits, the person, firm, or corporation registers with ((the director under this chapter and rules adopted under this chapter)) Washington effective licensing port in accordance with section 2 of this act.
(((1) The registration number must be conspicuously posted in the place of business and must be included in all advertisements. Sellers of travel are not required to include registration numbers on institutional advertising. For the purposes of this subsection, "institutional advertising" is advertising that does not include prices or dates for travel services.
(2) The director shall issue duplicate registrations upon payment of a duplicate registration fee to valid registration holders operating more than one office. The duplicate registration fee for each office shall be an amount equal to the original registration fee.
(3) No registration is assignable or transferable.
(4) If a registered seller of travel sells his or her business, when the new owner becomes responsible for the business, the new owner must comply with all provisions of this chapter, including registration.
(5) If a seller of travel is employed by or under contract as an independent contractor or an outside agent of a seller of travel who is registered under this chapter, the employee, independent contractor, or outside agent need not also be registered if:
(a) The employee, independent contractor, or outside agent is conducting business as a seller of travel in the name of and under the registration of the registered seller of travel; and
(b) All money received for travel services by the employee, independent contractor, or outside agent is collected in the name of the registered seller of travel and processed by the registered seller of travel as required under this chapter.))
Sec. 31.  RCW 19.138.180 and 2002 c 86 s 280 are each amended to read as follows:
The director, in the director's discretion, may:
(1) Annually, or more frequently, make public or private investigations within or without this state as the director deems necessary to determine ((whether a registration should be subject to disciplinary action, or)) whether a person has violated or is about to violate this chapter or a rule adopted or order issued under this chapter, or to aid in the enforcement of this chapter or in the prescribing of rules and forms of this chapter;
(2) Publish information concerning a violation of this chapter or a rule adopted or order issued under this chapter; and
(3) Investigate complaints concerning practices by sellers of travel ((for which registration is required by this chapter)).
Sec. 32.  RCW 19.138.310 and 1994 c 237 s 26 are each amended to read as follows:
All information, documents, and reports filed with the director under this chapter are matters of public record and shall be open to public inspection, subject to reasonable regulation. The director may make public, on a periodic or other basis, the information as may be necessary or appropriate in the public interest concerning ((the registration,)) reports((,)) and information filed with the director or any other matters to the administration and enforcement of this chapter.
Sec. 33.  RCW 46.10.420 and 2012 c 74 s 13 are each amended to read as follows:
(1) Each dealer of snowmobiles in this state ((shall obtain a snowmobile dealer license from the department in a manner prescribed by the department. Upon receipt of an application for a snowmobile dealer's license and the fee provided in subsection (2) of this section, the dealer is licensed and a snowmobile dealer license number must be assigned.
(2) The annual license fee for a snowmobile dealer is twenty-five dollars, which covers all of the snowmobiles offered by a dealer for sale and not rented on a regular, commercial basis. Snowmobiles rented on a regular commercial basis by a snowmobile dealer must be registered separately under RCW 46.10.310, 46.10.400, 46.10.430, and 46.10.440)) must register with Washington effective licensing port in accordance with section 2 of this act.
(3) Upon ((the issuance of a snowmobile dealer license)) registration with Washington effective licensing port by the snowmobile dealer, a snowmobile dealer may purchase, at a cost to be determined by the department, snowmobile dealer license plates of a size and color to be determined by the department. ((The snowmobile dealer license plates must contain the snowmobile license number assigned to the dealer.)) Each snowmobile operated by a dealer, dealer representative, or prospective customer for the purposes of demonstration or testing shall display snowmobile dealer license plates in a clearly visible manner.
(4) Only a dealer, dealer representative, or prospective customer may display a snowmobile dealer plate, and only a dealer, dealer representative, or prospective customer may use a snowmobile dealer's license plate for the purposes described in subsection (3) of this section.
(5) ((Snowmobile dealer licenses are nontransferable.
(6))) It is unlawful for any snowmobile dealer to sell a snowmobile at wholesale or retail, or to test or demonstrate any snowmobile, within the state, unless the dealer has ((a snowmobile dealer license as required under this section)) registered with Washington effective licensing port.
(((7))) (6) When a snowmobile is sold by a snowmobile dealer, the dealer:
(a) Shall apply for ((licensing)) registration in the purchaser's name as provided by rules adopted by the department; and
(b) May issue a temporary ((license)) registration as provided by rules adopted by the department.
Sec. 34.  RCW 67.08.100 and 2012 c 99 s 6 are each amended to read as follows:
(1) The department upon receipt of a properly completed application and payment of a nonrefundable fee, may grant an annual license to an applicant for the following: (a) Promoter; (b) manager; (c) boxer; (d) second; (e) wrestling participant; (f) inspector; (g) judge; (h) timekeeper; (i) ((announcer; (j))) event physician; (((k))) (j) event chiropractor; (((l))) (k) referee; (((m))) (l) matchmaker; (((n))) (m) kickboxer; (((o))) (n) martial arts participant; (((p))) (o) training facility; and (((q))) (p) amateur sanctioning organization.
(2) The application for the following types of licenses shall include a physical performed by a physician, as defined in RCW 67.08.002, which was performed by the physician with a time period preceding the application as specified by rule: (a) Boxer; (b) wrestling participant; (c) kickboxer; (d) martial arts participant; and (e) referee.
(3) An applicant for the following types of licenses for the sports of boxing, kickboxing, and martial arts shall provide annual proof of certification as having adequate experience, skill, and training from an organization approved by the department, including, but not limited to, the association of boxing commissions, the international boxing federation, the international boxing organization, the Washington state association of professional ring officials, the world boxing association, the world boxing council, or the world boxing organization for boxing officials, and the united full contact federation for kickboxing and martial arts officials: (a) Judge; (b) referee; (c) inspector; (d) timekeeper; or (e) other officials deemed necessary by the department.
(4) No person shall participate or serve in any of the above capacities unless licensed as provided in this chapter.
(5) The referees, judges, timekeepers, event physicians, chiropractors, and inspectors for any boxing, kickboxing, or martial arts event shall be designated by the department from among licensed officials.
(6) The referee for any wrestling event shall be provided by the promoter and shall be licensed as a wrestling participant.
(7) The department shall immediately suspend the license or certificate of a person who has been 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 license or certificate shall be automatic upon the department's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.
(8) The director shall suspend the license of any person who has been 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 license may 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 licensure during the suspension, reinstatement is automatic upon receipt of the notice and payment of any reinstatement fee the director may impose.
(9) A person may not be issued a license if the person has an unpaid fine outstanding to the department.
(10) A person may not be issued a license unless they are at least eighteen years of age.
(11) This section shall not apply to contestants or participants in events at which only amateurs are engaged in contests and/or fraternal organizations and/or veterans' organizations chartered by congress or the defense department excluding any recognized amateur sanctioning body recognized by the department. Upon request of the department, a promoter, contestant, or participant shall provide sufficient information to reasonably determine whether this chapter applies.
NEW SECTION.  Sec. 35.  A new section is added to chapter 67.08 RCW to read as follows:
Any boxing announcer working in this state must register with Washington effective licensing port in accordance with section 2 of this act.
Sec. 36.  RCW 77.65.010 and 2015 c 97 s 3 are each amended to read as follows:
(1) Except as otherwise provided by this title, a person must have a license or permit issued by the director in order to engage in any of the following activities:
(a) Commercially fish for or take food fish or shellfish;
(b) Deliver from a commercial fishing vessel food fish or shellfish taken for commercial purposes in offshore waters. As used in this subsection, "deliver" means arrival at a place or port, and includes arrivals from offshore waters to waters within the state and arrivals from state or offshore waters;
(c) Operate a charter boat or commercial fishing vessel engaged in a fishery; or
(d) Engage in processing or wholesaling food fish or shellfish((; or
(e) Act as a food fish guide or game fish guide for personal use, except that a charter boat license is required to operate a vessel from which a person may for a fee fish for food fish in state waters listed in RCW 77.65.150(4)(b))).
(2) No person may engage in the activities described in subsection (1) of this section unless the licenses or permits required by this title are in the person's possession, and the person is the named license holder or an alternate operator designated on the license and the person's license is not suspended.
(3) A valid Oregon license that is equivalent to a license under this title is valid in the concurrent waters of the Columbia river if the state of Oregon recognizes as valid the equivalent Washington license. The director may identify by rule what Oregon licenses are equivalent.
(4) No license or permit is required for the production or harvesting of private sector cultured aquatic products as defined in RCW 15.85.020 or for the delivery, processing, or wholesaling of such aquatic products. However, if a means of identifying such products is required by rules adopted under RCW 15.85.060, the exemption from licensing or permit requirements established by this subsection applies only if the aquatic products are identified in conformance with those rules.
Sec. 37.  RCW 77.65.370 and 2015 c 103 s 2 and 2015 c 97 s 4 are each reenacted and amended to read as follows:
(1) A person shall not offer or perform the services of a food fish guide without ((a food fish guide license)) registering with Washington effective licensing port in accordance with section 2 of this act in the taking of food fish for personal use, except that a charter boat license is required to operate a vessel from which a person may for a fee fish for food fish in state waters listed in RCW 77.65.150(4)(b). A person must be at least sixteen years of age to register with Washington effective licensing port as a food fish guide.
(2) A person shall not offer or perform the services of a game fish guide without ((a game fish guide license)) registering with Washington effective licensing port in accordance with section 2 of this act in the taking of game fish for personal use.
(((3) Only an individual at least sixteen years of age may hold a food fish guide or game fish guide license. No individual may hold more than one food fish guide or game fish guide license.
(4) An application for a food fish guide or game fish guide license must include the information required in RCW 77.65.560.
(5) A food fish guide license purchased by a person, firm, or business on behalf of an employee is subject to RCW 77.65.600.))
Sec. 38.  RCW 77.65.480 and 2015 c 103 s 3 are each amended to read as follows:
(1) A taxidermy license allows the holder to practice taxidermy for commercial purposes, as that term is defined in RCW 77.15.110. The fee for this license is one hundred eighty dollars. The application fee is seventy dollars.
(2) A fur dealer's license allows the holder to purchase, receive, or resell raw furs for commercial purposes, as that term is defined in RCW 77.15.110. The fee for this license is one hundred eighty dollars. The application fee is seventy dollars.
(3)(((a) A game fish guide license allows the holder to offer or perform the services of a game fish guide in the taking of game fish. The fee for this license is one hundred eighty dollars for a resident and six hundred dollars for a nonresident. The application fee is seventy dollars. An application for a game fish guide license must include the information required in RCW 77.65.560.
(b) A game fish guide license purchased by a person, firm, or business on behalf of an employee is subject to RCW 77.65.600.
(4))) A game farm license allows the holder to operate a game farm to acquire, breed, grow, keep, and sell wildlife under conditions prescribed by the rules adopted pursuant to this title. The fee for this license is seventy-two dollars for the first year and forty-eight dollars for each following year. The application fee is seventy dollars.
(((5))) (4) A game fish stocking permit allows the holder to release game fish into the waters of the state as prescribed by rule of the commission. The fee for this permit is twenty-four dollars. The application fee is seventy dollars.
(((6))) (5) A fishing or field trial permit allows the holder to promote, conduct, hold, or sponsor a fishing or field trial contest in accordance with rules of the commission. The fee for a fishing contest permit is twenty-four dollars. The fee for a field trial contest permit is twenty-four dollars. The application fee is seventy dollars.
(((7))) (6)(a) An anadromous game fish buyer's license allows the holder to purchase or sell steelhead trout and other anadromous game fish harvested by Indian fishers lawfully exercising fishing rights reserved by federal statute, treaty, or executive order, under conditions prescribed by rule of the director. The fee for this license is one hundred eighty dollars. The application fee is one hundred five dollars.
(b) An anadromous game fish buyer's license is not required for those businesses that buy steelhead trout and other anadromous game fish from Washington licensed game fish dealers and sell solely at retail.
Sec. 39.  RCW 77.65.490 and 2001 c 253 s 56 are each amended to read as follows:
(1) A license issued by the director is required to:
(a) Practice taxidermy for commercial purposes;
(b) Deal in raw furs for commercial purposes;
(c) ((Act as a fishing guide;
(d))) Operate a game farm; or
(((e))) (d) Purchase or sell anadromous game fish.
(2) A permit issued by the director is required to:
(a) Conduct, hold, or sponsor hunting or fishing contests or competitive field trials using live wildlife;
(b) Collect wild animals, wild birds, game fish, food fish, shellfish, or protected wildlife for research or display;
(c) Stock game fish; or
(d) Conduct commercial activities on department-owned or controlled lands.
(3) Aquaculture as defined in RCW 15.85.020 is exempt from the requirements of this section, except when being stocked in public waters under contract with the department.
Sec. 40.  RCW 79A.60.410 and 2000 c 11 s 105 are each amended to read as follows:
(1) No person shall act in the capacity of a paid whitewater river outfitter, or advertise in any newspaper or magazine or any other trade publication, or represent himself or herself as a whitewater river outfitter in the state, without first ((obtaining a whitewater river outfitter's license from the department of licensing in accordance with RCW 79A.60.480.
(2) Every whitewater river outfitter's license must, at all times, be conspicuously placed on the premises set forth in the license)) registering with Washington effective licensing port in accordance with section 2 of this act.
Sec. 41.  RCW 79A.60.430 and 1997 c 391 s 4 are each amended to read as follows:
(1) While carrying passengers for hire on whitewater rivers in this state, the ((licensed)) whitewater river outfitter registered with Washington effective licensing port shall comply with the following requirements at the beginning of every trip:
(a) If using inflatable vessels, use only vessels with three or more separate air chambers;
(b) Ensure that all passengers are wearing a securely fastened United States coast guard-approved type V personal flotation device of the proper size, and that all guides are wearing a securely fastened United States coast guard-approved type III or type V personal flotation device;
(c) Ensure that a spare United States coast guard-approved type III or type V personal flotation device in good repair is accessible to all vessels on each trip;
(d) Ensure that each vessel has on it a bagged throwable line with a floating line and bag;
(e) Ensure that each vessel has accessible an adequate first-aid kit;
(f) Ensure that each vessel has a spare propelling device;
(g) Ensure that a repair kit and air pump are accessible to inflatable vessel;
(h) Ensure that equipment to prevent and treat hypothermia is accessible to all vessels on a trip; and
(i) Ensure that each vessel is operated by a guide who has complied with the requirements of subsection (2) of this section.
(2) No person may act as a guide unless the individual is at least eighteen years of age and has:
(a) Successfully completed a lifesaving training course meeting standards adopted by the commission;
(b) Completed a program of guide training on whitewater rivers, conducted by a guide instructor, which program must run for a minimum of fifty hours on a whitewater river and must include at least the following elements:
(i) Equipment preparation and boat rigging;
(ii) Reading river characteristics including currents, eddies, rapids, and hazards;
(iii) Methods of scouting and running rapids;
(iv) River rescue techniques, including emergency procedures and equipment recovery; and
(v) Communications with clients, including paddling and safety instruction; and
(c) Completed at least one trip on an entire section of whitewater river before carrying passengers for hire in a vessel on any such section of whitewater river.
(3) A guide instructor must have traveled at least one thousand five hundred river miles, seven hundred fifty of which must have been while acting as a guide.
(4) Any person conducting guide training on whitewater rivers shall, upon request of a guide trainee, issue proof of completion to the guide completing the required training program.
Sec. 42.  RCW 79A.60.450 and 1997 c 391 s 5 are each amended to read as follows:
(1) Whitewater river outfitters and guides on any trip carrying passengers for hire on whitewater rivers of the state shall not allow the use of alcohol during the course of a trip on a whitewater river section in this state.
(2) Any vessel carrying passengers for hire on any whitewater river section in this state must be accompanied by at least one other vessel being operated by a ((licensed)) whitewater river outfitter registered with Washington effective licensing port or a guide under the direction or control of a ((licensed)) registered with Washington effective licensing port whitewater river outfitter.
NEW SECTION.  Sec. 43.  The following acts or parts of acts are each repealed:
(1) RCW 18.11.060 (Administration of chapterFees) and 1986 c 324 s 3 & 1982 c 205 s 2;
(2) RCW 18.11.121 (Surety bond or security required) and 1987 c 336 s 2 & 1986 c 324 s 8;
(3) RCW 18.11.130 (Written contract requiredPenalty) and 1986 c 324 s 9 & 1982 c 205 s 11;
(4) RCW 18.11.140 (Written records requiredPenalty) and 1986 c 324 s 10 & 1982 c 205 s 12;
(5) RCW 18.11.160 (LicenseProhibition on issuanceDisciplinary actionLicense suspension) and 2002 c 86 s 209, 1997 c 58 s 814, 1986 c 324 s 12, & 1982 c 205 s 14;
(6) RCW 18.11.170 (Unauthorized practicePenalties) and 1986 c 324 s 13 & 1982 c 205 s 15;
(7) RCW 18.11.180 (Compensation of nonlicensed personPenalties) and 2002 c 86 s 210, 1986 c 324 s 14, & 1982 c 205 s 16;
(8) RCW 18.11.190 (Actions for compensation for services) and 1986 c 324 s 15 & 1982 c 205 s 17;
(9) RCW 18.11.205 (DirectorAuthority to impose administrative fines) and 1986 c 324 s 17;
(10) RCW 18.11.210 (Newspaper advertisementsName and license number requiredPenalty) and 1986 c 324 s 19 & 1984 c 189 s 1;
(11) RCW 18.11.270 (License, certificate, or registration suspensionNonpayment or default on educational loan or scholarship) and 1996 c 293 s 4;
(12) RCW 18.11.280 (Uniform regulation of business and professions act) and 2002 c 86 s 212;
(13) RCW 18.96.040 (Licensure board for landscape architectsMembersQualifications) and 2011 c 336 s 501, 2009 c 370 s 5, 1993 c 35 s 1, 1985 c 18 s 1, & 1969 ex.s. c 158 s 4;
(14) RCW 18.96.060 (BoardAdoption of rulesExecutive director) and 2009 c 370 s 6, 2002 c 86 s 234, & 1969 ex.s. c 158 s 6;
(15) RCW 18.96.070 (Qualifications of applicants) and 2009 c 370 s 7 & 1969 ex.s. c 158 s 7;
(16) RCW 18.96.080 (Applications for licensure and examinationsFees) and 2009 c 370 s 8, 1993 c 35 s 2, 1985 c 7 s 74, 1975 1st ex.s. c 30 s 85, & 1969 ex.s. c 158 s 8;
(17) RCW 18.96.090 (Examinations) and 2009 c 370 s 9, 1993 c 35 s 3, 1985 c 18 s 2, & 1969 ex.s. c 158 s 9;
(18) RCW 18.96.100 (Reciprocity) and 2009 c 370 s 10, 1993 c 35 s 4, 1985 c 7 s 75, 1975 1st ex.s. c 30 s 86, & 1969 ex.s. c 158 s 10.
(19) RCW 18.96.110 (Renewals) and 2009 c 370 s 11 & 1993 c 35 s 5;
(20) RCW 18.96.120 (Unprofessional conductGrounds for disciplinary action) and 2009 c 370 s 12, 2002 c 86 s 235, 1997 c 58 s 827, & 1969 ex.s. c 158 s 12;
(21) RCW 18.96.140 (Reissuance of lost or destroyed certificates) and 2009 c 370 s 13, 2002 c 86 s 236, 1985 c 7 s 77, 1975 1st ex.s. c 30 s 88, & 1969 ex.s. c 158 s 14;
(22) RCW 18.96.150 (Certificates of licensureIssuanceContentsSeal) and 2009 c 370 s 14, 1993 c 35 s 6, & 1969 ex.s. c 158 s 15;
(23) RCW 18.96.180 (Certificate of licensure suspensionNoncompliance with support orderReissuance) and 2009 c 370 s 15 & 1969 ex.s. c 158 s 18;
(24) RCW 18.96.190 (Certificate of licensure suspensionNonpayment or default on educational loan or scholarship) and 2009 c 370 s 16 & 1996 c 293 s 15;
(25) RCW 18.96.200 (Uniform regulation of business and professions act) and 2002 c 86 s 237;
(26) RCW 18.96.210 (Landscape architects' license account) and 2009 c 370 s 17;
(27) RCW 18.96.230 (Military training or experience) and 2011 c 351 s 7;
(28) RCW 18.240.030 (Certification requirements) and 2007 c 70 s 4;
(29) RCW 18.240.050 (Secretary's authority) and 2007 c 70 s 6;
(30) RCW 18.240.060 (Examinations) and 2007 c 70 s 7;
(31) RCW 18.240.070 (Applicant certificationFees) and 2007 c 70 s 8;
(32) RCW 18.240.080 (Renewal of certification) and 2007 c 70 s 9;
(33) RCW 18.240.090 (Application of uniform disciplinary act) and 2007 c 70 s 10;
(34) RCW 46.10.485 (Denial, suspension, or revocation of dealer license or assessment of monetary civil penalty) and 2010 c 161 s 232 & 1982 c 17 s 4;
(35) RCW 77.65.440 (Alternate operatorGeoduck diverFood fish guideFees) and 2011 c 339 s 28, 2009 c 333 s 9, 2000 c 107 s 55, & 1993 sp.s. c 17 s 42;
(36) RCW 77.65.560 (Application for food fish guide license/game fish guide licenseRequired information) and 2015 c 97 s 10 & 2013 c 314 s 1;
(37) RCW 79A.60.480 (Vessels carrying passengers for hire on whitewater riversWhitewater river outfitter's licenseApplicationFeesInsurancePenaltiesState immune from civil actions arising from licensure) and 2002 c 86 s 327, 2000 c 11 s 109, 1997 c 391 s 7, 1995 c 399 s 216, & 1986 c 217 s 11; and
(38) RCW 79A.60.490 (Vessels carrying passengers for hire on whitewater riversLicense sanction for certain convictions) and 2002 c 86 s 328, 2000 c 11 s 111, & 1997 c 391 s 8.
NEW SECTION.  Sec. 44.  Sections 1 through 4 of this act constitute a new chapter in Title 18 RCW.
NEW SECTION.  Sec. 45.  This act takes effect September 1, 2016.
--- END ---