AN ACT Relating to labor relations consultants; adding a new chapter to Title 18 RCW; prescribing penalties; and providing an effective date.

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

NEW SECTION. Sec. 1. FINDINGS. The legislature finds that the use of outside consultants is an increasing element in public sector labor relations. The public has a right to be kept informed about the role of outside consultants in public sector labor relations. The purpose of this chapter is to help ensure that public information is available and that there is fair play in industrial relations by requiring labor relations consultants to disclose their activities.

NEW SECTION. Sec. 2. DEFINITIONS. 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 the department of licensing.

(3) "Public employer" means an officer, board, commission, council, or other person or body acting on behalf of the state, county, or municipal corporation, or a political subdivision of the state.

(4) "Labor relations consultant" or "consultant" means any person who, for compensation, advises or represents a public employer or labor organization concerning the organizing, concerted activities, or collective bargaining activities of the public employer's employees. "Labor relations consultant" or "consultant" does not include employees of a public employer or labor organization or parent organization of a labor organization.

(5) "Labor organization" means an organization in which employees of the public employer participate and which exists for the purpose, in whole or part, of dealing with public employers concerning terms and conditions of employment.

NEW SECTION. Sec. 3. REGISTRATION. (1) It is unlawful for any person to act as a labor relations consultant or hold himself or herself out as a labor relations consultant without being registered under this chapter.

(2) The department shall register any person who provides the name under which the applicant is doing business, the address of the principal office, and the required fee.

(3) Any applicant who misrepresents himself or herself or conceals a material fact in registering under this chapter is subject to penalties as provided for in this chapter.

NEW SECTION. Sec. 4. REPORTING AND DISCLOSURE. (1) Within thirty days of entering into an agreement or arrangement with a public employer or labor organization to act as a consultant, a consultant shall file with the department a detailed statement of the terms and conditions of the agreement or arrangement. Any consultant working under an agreement or arrangement on the effective date of this section shall file the detailed statement within thirty days of the effective date of this section.

(2) Each consultant required to file a report under subsection (1) of this section shall file annually, with respect to each fiscal year during which payments were made as a result of an agreement or arrangement, a statement of its receipts of any kind from public employers or labor organizations for labor relations consulting services in this state, designating the sources of the receipts.

(3) The director shall adopt rules specifying the information required to be filed under this section and the form in which the information is to be filed.

(4) The information required to be filed under this section shall be subject to public disclosure under chapter 42.17 RCW.

NEW SECTION. Sec. 5. AUTHORITY OF DIRECTOR. In addition to any other authority provided by law, the director may:

(1) Adopt rules under chapter 34.05 RCW necessary to implement and administer this chapter;

(2) Establish registration fees, which shall be at a sufficient level to defray the costs of administering this chapter;

(3) Establish forms and procedures necessary to administer this chapter;

(4) Register applicants and deny or revoke the registration of applicants or registrants who do not meet the requirements of this chapter;

(5) Hire clerical, administrative, investigative, and other staff as needed to implement this chapter;

(6) Maintain the official record of all applicants and registrants;

(7) Establish the procedural requirements and fees for renewal of registration;

(8) Investigate all complaints of violations of this chapter and to hold hearings under chapter 34.05 RCW; and

(9) Use the office of administrative hearings as authorized in chapter 34.12 RCW to conduct hearings. However, the department shall make the final decision regarding disposition of complaints.

NEW SECTION. Sec. 6. CIVIL PENALTY. If the department finds that a labor relations consultant has violated this chapter, the department may impose a civil penalty not to exceed ten thousand dollars for each violation. Civil penalties collected under this section shall be deposited in the state general fund.

NEW SECTION. Sec. 7. IMMUNITY. The director and individuals acting on the director's behalf are immune from suit in any action, civil or criminal, based on any registering, disciplinary proceedings, or other official acts performed in the course of their duties. A person who files a complaint with the department is immune from suit in any action, civil or criminal, relating to the filing or contents of the complaint.

NEW SECTION. Sec. 8. LABOR RELATIONS CONSULTANTS FUND. The labor relations consultants fund is created in the custody of the state treasurer. All receipts from fees and penalties collected under this chapter shall be deposited in the fund and used by the director for the administration of this chapter. Disbursement from the fund shall be on the authorization of the director, and no appropriation shall be required to permit expenditures from the fund.

NEW SECTION. Sec. 9. EFFECTIVE DATE. This act shall take effect September 1, 1990, except the director may immediately take such steps as are necessary to ensure that this act is implemented on its effective date.

NEW SECTION. Sec. 10. CAPTIONS NOT LAW. Section captions as used in this chapter do not constitute any part of the law.

NEW SECTION. Sec. 11. Sections 1 through 10 of this act shall constitute a new chapter in Title 18 RCW.

NEW SECTION. Sec. 12. 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.