SB 5802-S2 - DIGEST
(DIGEST AS ENACTED)
Declares that all installations of wires and equipment defined as telecommunications systems are subject to the requirements of this act. Installations shall be in conformity with approved methods of construction for safety to life and property. The national electrical code, approved standards of the telecommunications industries association, the electronic industries association, the American national standards institute, and other safety standards approved by the department shall be evidence of approved methods of installation.
Declares that this chapter may not limit the authority or power of any city or town to enact and enforce under authority given by law in RCW 19.28.360 (as recodified by this act), any ordinance, or rule requiring an equal, higher, or better standard of construction and an equal, higher, or better standard of materials, devices, appliances, and equipment than that required by this chapter.
Provides that it is unlawful for any person, firm, partnership, corporation, or other entity to advertise, offer to do work, submit a bid, engage in, conduct, or carry on the business of installing or maintaining telecommunications systems without having a telecommunications contractor license.
Provides that the application for a contractor license shall be accompanied by a bond in the sum of four thousand dollars with the state of Washington named as obligee in the bond, with good and sufficient surety, to be approved by the department.
Declares that it is the purpose and function of the board to establish and administer written examinations for telecommunications administrators' certificates. Examinations shall be designed to reasonably ensure that telecommunications administrators' certificate holders are competent to engage in and supervise the work regulated under this act and their respective licenses.
Provides that the director and the officials of all incorporated cities and towns where electrical inspections are required by local ordinances, allowed by RCW 19.28.360 (as recodified by this act), may require by local ordinance the enforcement of this act in their respective jurisdictions.
Provides that disputes arising under this act regarding whether any city or town's telecommunications rules, regulations, or ordinances are equal to the rules adopted by the department shall be resolved by arbitration.
Declares that it is unlawful for any person, firm, partnership, corporation, or other entity to install or maintain any telecommunications cabling and associated hardware in violation of this act.
Declares that any person, firm, partnership, corporation, or other entity violating any of the provisions of this act may be assessed a penalty of not less than one hundred dollars or more than ten thousand dollars per violation.
Provides that, at the time of licensing and subsequent relicensing, the applicant shall furnish insurance or financial responsibility in the form of an assigned account in the amount of twenty thousand dollars for injury or damages to property, fifty thousand dollars for injury or damage including death to any one person, and one hundred thousand dollars for injury or damage including death to more than one person, or financial responsibility to satisfy these amounts.
Authorizes the director to adopt rules, make specific decisions, orders, and rulings, including demands and findings, and take other necessary action for the implementation and enforcement of this act after consultation with the board and receiving the board's recommendations.
Makes an appropriation of one million four hundred eight thousand dollars from the electrical license account to the department of labor and industries for the biennium year ending June 30, 2001, to carry out the purposes of this act.
VETO MESSAGE ON SB 5802-S2
March 30, 2000
To the Honorable President and Members,
The Senate of the State of Washington
Ladies and Gentlemen:
I am returning herewith, without my approval as to section 203, Second Substitute Senate Bill No. 5802 entitled:
"AN ACT Relating to telecommunications contractors and installations;"
This bill requires that contractors and installers who work with fiber optic cables and other telecommunications cabling be licensed and bonded, and that their work be inspected.
Section 203 of the bill states that "[i]t is the further intent of the legislature that the delegation of authority to the director and the board under chapterY, Laws of 2000 (this act) be strictly limited to the minimum delegation necessary to administer the clear and unambiguous directives under chapterY, Laws of 2000 (this act)Y" . This language is vague and ambiguous, and the bill provides no definition of "minimum delegation necessary."
I strongly believe that regulations should not be burdensome, and should be as minimal and as streamlined as possible. However, I have grave concerns about this language. The Department of Labor and Industries, which is charged with implementing this law, will need maximum flexibility to apply the law effectively in a rapidly changing industry. How section 203 would limit the department's authority is very unclear, and it could have led to unnecessary legal challenges.
For these reasons, I have vetoed section 203 of Second Substitute Senate Bill No. 5802.
With the exception of section 203, Second Substitute Senate Bill No. 5802 is approved.
Respectfully submitted,
Gary Locke
Governor