Z-0361

AN ACT Relating to the powers of the director of licensing; amending RCW 43.24.020, 43.24.086, 19.02.030, and 18.54.920; adding a new section to chapter 43.24 RCW; creating a new section; and repealing RCW 43.24.010, 43.24.024, 43.24.110, 46.01.050, 46.01.055, and 46.01.090.

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

Sec. 1. RCW 43.24.020 and 1994 c 92 s 496 are each amended to read as follows:

In addition to other powers and duties granted to the department, the director of licensing shall administer all laws with respect to the examination of applicants for, and the issuance of, licenses to persons to engage in any business, profession, trade, occupation, or activity except for health professions.

Sec. 2. RCW 43.24.086 and 1989 1st ex.s. c 9 s 315 are each amended to read as follows:

It shall be the policy of the state of Washington that the cost of each professional, occupational or business licensing program be fully borne by the members of that profession, occupation or business. The director of licensing shall from time to time establish the amount of all application fees, license fees, registration fees, examination fees, permit fees, renewal fees, and any other fee associated with licensing or regulation of professions, occupations or businesses, except for health professions, administered by ((~~the business and professions administration in~~)) the department of licensing. In fixing said fees, the director shall set the fees for each such program at a sufficient level to defray the costs of administering that program. All such fees shall be fixed by rule adopted by the director in accordance with the provisions of the administrative procedure act, chapter 34.05 RCW.

((~~For fees associated with the licensing or regulation of health professions administered by the department of health, see RCW 43.70.250.~~))

NEW SECTION. Sec. 3. The director of licensing shall be appointed by the governor with the consent of the senate and shall serve at the pleasure of the governor. The director shall receive a salary in an amount fixed by the governor in accordance with RCW 43.03.040.

NEW SECTION. Sec. 4. A new section is added to chapter 43.24 RCW to read as follows:

(1) The director of licensing shall supervise and administer the activities of the department of licensing and shall advise the governor and the legislature with respect to matters under the jurisdiction of the department.

(2) In addition to other powers and duties granted to the director, the director has the following powers and duties:

(a) Enter into contracts on behalf of the state to carry out the responsibilities of the department;

(b) Accept and expend gifts and grants, whether such grants be of federal or other funds;

(c) Appoint a deputy director and such assistant directors, special assistants, and administrators as may be needed to administer the department. These employees are exempt from the provisions of chapter 41.06 RCW;

(d) Adopt rules in accordance with chapter 34.05 RCW and perform all other functions necessary to carry out the responsibilities of the department;

(e) Delegate powers, duties, and functions as the director deems necessary for efficient administration, but the director is responsible for the official acts of the officers and employees of the department; and

(f) Perform other duties as are necessary and consistent with law.

(3) The director may establish advisory groups as may be necessary to carry out the responsibilities of the department.

(4) The internal affairs of the department shall be under the control of the director in order that the director may manage the department in a flexible and intelligent manner as dictated by changing contemporary circumstances. Unless specifically limited by law, the director shall have complete charge and supervisory powers over the department. The director may create such administrative structures as the director deems appropriate, except as otherwise specified by law, and the director may employ such personnel as may be necessary in accordance with chapter 41.06 RCW, except as otherwise provided by law.

Sec. 5. RCW 19.02.030 and 1993 c 142 s 4 are each amended to read as follows:

(1) There is created within the department of licensing a business license center.

(2) The duties of the center shall include:

(a) Developing and administering a computerized one-stop master license system capable of storing, retrieving, and exchanging license information with due regard to privacy statutes, as well as issuing and renewing master licenses in an efficient manner;

(b) Providing a license information service detailing requirements to establish or engage in business in this state;

(d) Identifying types of licenses appropriate for inclusion in the master license system;

(e) Recommending in reports to the governor and the legislature the elimination, consolidation, or other modification of duplicative, ineffective, or inefficient licensing or inspection requirements; and

(f) Incorporating licenses into the master license system.

(3) ((~~The department of licensing shall establish the position of assistant director of the business license center.~~

~~(4)~~)) The director of licensing may adopt under chapter 34.05 RCW such rules as may be necessary to effectuate the purposes of this chapter.

Sec. 6. RCW 18.54.920 and 1963 c 25 s 18 are each amended to read as follows:

The provisions of RCW 43.24.060((~~, 43.24.110~~)) and 43.24.120 are not applicable to the licensing and regulation of the practice of optometry.

NEW SECTION. Sec. 7. The following acts or parts of acts are each repealed:

(1) RCW 43.24.010 and 1979 c 158 s 94, 1965 c 100 s 1, & 1965 c 8 s 43.24.010;

(2) RCW 43.24.024 and 1994 c 92 s 497, 1979 c 158 s 96, & 1965 ex.s. c 170 s 42;

(3) RCW 43.24.110 and 1997 c 58 s 867 & 1986 c 259 s 149;

(4) RCW 46.01.050 and 1994 c 92 s 501, 1979 c 158 s 116, 1969 ex.s. c 281 s 34, & 1965 c 156 s 5;

(5) RCW 46.01.055 and 1979 c 158 s 117, 1969 ex.s. c 281 s 35, & 1967 c 32 s 117; and

(6) RCW 46.01.090 and 1990 c 250 s 15, 1979 c 158 s 119, & 1965 c 156 s 9.