H-1150.1  _______________________________________________

                          HOUSE BILL 1904

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Representatives Cairnes, Linville, Conway, Clements, Hatfield, Honeyford and Cooke

Read first time 02/13/97.  Referred to Committee on Commerce & Labor.

Creating new funds under the control of the department of labor and industries.

    AN ACT Relating to accounts under the authority of the department of labor and industries; amending RCW 18.27.340, 43.22.434, 43.22.480, and 43.22.500; adding a new section to chapter 18.27 RCW; and adding a new section to chapter 43.22 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 18.27 RCW to read as follows:

    The contractor enforcement account is created in the custody of the state treasurer.  All receipts from monetary penalties, registration fees, and inspection fees imposed under this chapter shall be deposited into the account.  Expenditures from the account may be used only for registration, enforcement of contractor registration, and consumer education activities of the department concerning contractors.  Only the director or the director's designee may authorize expenditures from the account.  The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.  No less than twenty percent of yearly expenditures from the account shall be for consumer education and such consumer education shall include disclosure by public service announcement of persons not registered under this chapter but performing work requiring registration under this chapter.

    Sec. 2.  RCW 18.27.340 and 1986 c 197 s 10 are each amended to read as follows:

    (1) A contractor found to have committed an infraction under RCW 18.27.200 shall be assessed a monetary penalty of not less than two hundred dollars and not more than three thousand dollars.

    (2) The administrative law judge may waive, reduce, or suspend the monetary penalty imposed for the infraction only upon a showing of good cause that the penalty would be unduly burdensome to the contractor.

    (3) Monetary penalties collected under this chapter shall be deposited in the ((general fund)) contractor enforcement account.

NEW SECTION. Sec. 3.  A new section is added to chapter 43.22 RCW to read as follows:

    The factory assembled structures administration account is created in the state treasury.  All receipts from fees collected under RCW 43.22.340 through 43.22.505 shall be deposited into the account.  Expenditures from the account may be used only for the administration of RCW 43.22.340 through 43.22.505.  Only the director of labor and industries or the director's designee may authorize expenditures from the account.  The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures.

    Sec. 4.  RCW 43.22.434 and 1995 c 280 s 5 are each amended to read as follows:

    (1) The director or the director's authorized representative may conduct such inspections and investigations as ((may be)) are necessary to ((promulgate)) adopt or enforce mobile home, commercial coach, recreational vehicle, park trailer, factory built housing, and factory built commercial structure rules adopted under the authority of this chapter or to carry out the director's duties under this chapter.

    (2) For purposes of enforcement of this chapter, persons duly designated by the director upon presenting appropriate credentials to the owner, operator, or agent in charge may:

    (a) At reasonable times and without advance notice enter any factory, warehouse, or establishment in which mobile homes, commercial coaches, recreational vehicles, park trailers, factory built housing, and factory built commercial structures are manufactured, stored, or held for sale; and

    (b) At reasonable times, within reasonable limits, and in a reasonable manner inspect any factory, warehouse, or establishment as required to comply with the standards adopted by the secretary of housing and urban development under the National Mobile Home Construction and Safety Standards Act of 1974.  Each inspection shall be commenced and completed with reasonable promptness.

    (3) In carrying out the inspections authorized by this section the director may establish, by rule, and impose on mobile home manufacturers, distributors, and dealers such reasonable fees as ((may be)) are necessary to offset the expenses incurred by the director in conducting the inspections.

(4) All fees collected shall be deposited into the factory assembled structures administration account.

    Sec. 5.  RCW 43.22.480 and 1995 c 289 s 2 are each amended to read as follows:

    (1) The department shall adopt and enforce rules that protect the health, safety, and property of the people of this state by assuring that all factory built housing or factory built commercial structures are structurally sound and that the plumbing, heating, electrical, and other components thereof are reasonably safe.  The rules shall be reasonably consistent with recognized and accepted principles of safety and structural soundness, and in adopting the rules the department shall consider, so far as practicable, the standards and specifications contained in the uniform building, plumbing, and mechanical codes, including the barrier free code and the Washington energy code as adopted by the state building code council pursuant to chapter 19.27A RCW, and the national electrical code, including the state rules as adopted pursuant to chapter 19.28 RCW and published by the national fire protection association.

    (2) The department shall set a schedule of fees which will cover the costs incurred by the department in the administration and enforcement of RCW 43.22.450 through 43.22.490.  All fees collected shall be deposited into the factory assembled structures administration account.

    (3) The director may adopt rules that provide for approval of a plan that is certified as meeting state requirements or the equivalent by a professional who is licensed or certified in a state whose licensure or certification requirements meet or exceed Washington requirements.

    Sec. 6.  RCW 43.22.500 and 1979 ex.s. c 67 s 2 are each amended to read as follows:

    The department of labor and industries, to defray the costs of printing, reprinting, or distributing printed matter issued by the department of labor and industries including, but not limited to, the matters listed in RCW 43.22.505, may charge a fee for ((such)) the publications in an amount which will reimburse the department for the costs of printing, reprinting, and distributing ((such)) the publications((:  PROVIDED, That)).  However, every person subject to regulation by the department may upon request receive without charge one copy per year of any publication printed pursuant to RCW 43.22.505 whenever such person is affected by any statute((,)) or rule ((or regulation)) printed therein.  All fees collected shall be deposited ((in the state treasury to the credit of the appropriate fund or)) into the factory assembled structures administration account.

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