S-2238               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 5307

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senate Committee on Economic Development & Labor (originally sponsored by Senators Anderson, McMullen and Moore)

Read first time 2/28/89.

AN ACT Relating to contractor advertising; and amending RCW 18.27.100.

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

        Sec. 1.  Section 10, chapter 77, Laws of 1963 as last amended by section 3, chapter 362, Laws of 1987 and RCW 18.27.100 are each amended to read as follows:

          Except as provided in RCW ((18.27.020)) 18.27.065 for partnerships and joint ventures, no person who has registered under one name as provided in this chapter shall engage in the business, or act in the capacity of a contractor under any other name unless such name also is registered hereunder.  All advertising and all contracts, correspondence, cards, signs, posters, papers, and documents which show a contractor's name or address shall show the contractor's name or address as registered hereunder.  The alphabetized listing of contractors appearing in the advertising section of telephone books or other directories and all advertising, including by airwave transmission, which shows or announces the contractor's name or address shall show or announce the contractor's current registration ((number)) status:  PROVIDED, That signs on motor vehicles subject to RCW 46.16.010 and on-premise signs shall not constitute advertising as provided in this section.  All materials used to directly solicit business from retail customers who are not businesses shall show the contractor's current registration number. No contractor shall advertise that he is bonded and insured because of the bond required to be filed and sufficiency of insurance as provided in this chapter.  A contractor shall not falsify a registration number and use it in connection with any solicitation or identification as a contractor.  All individual contractors and all partners, associates, agents, salesmen, solicitors, officers, and employees of contractors shall use their true names and addresses at all times while engaged in the business or capacity of a contractor or activities related thereto.  Any person who is found to be in violation of this section by the director at a hearing held in accordance with the administrative procedure act, chapter ((34.04)) 34.05 RCW, shall be required to pay a penalty of not more than five thousand dollars as determined by the director.  However, the penalty under this section shall not apply to a violation determined to be an inadvertent error.