BILL REQ. #:  H-0916.1 

Read first time 01/18/2007.   Referred to Committee on Commerce & Labor.

     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   RCW 18.27.100 and 2001 c 159 s 8 are each amended to read as follows:
     (1) Except as provided in RCW 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 under this chapter.
     (2) 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 under this chapter.
     (3)(a) Except as provided in this subsection (3)(a), all advertising that shows the contractor's name or address shall show the contractor's current registration number.
     (i) The registration number may be omitted in an alphabetized listing of registered contractors stating only the name, address, and telephone number((: 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)), and advertising by airwave transmission.
     (ii) The registration number shall be omitted in advertising in print news media. The publisher shall retain a copy of the contractor's current certificate of registration for a period of two years after publication of the advertising.
     (b) All materials used to directly solicit business from retail customers who are not businesses shall show the contractor's current registration number.
     (c) A contractor shall not use a false or expired registration number in purchasing or offering to purchase an advertisement for which a contractor registration number is required. ((Advertising by airwave transmission shall not be subject to this subsection (3)(a).
     (b))) (d) The director may issue a subpoena to any person or entity selling any advertising subject to this section for the name, address, ((and)) telephone number, and if required, the registration number provided to the seller of the advertising by the purchaser of the advertising. The subpoena must have enclosed a stamped, self-addressed envelope and blank form to be filled out by the seller of the advertising. If the seller of the advertising has the information on file, the seller shall, within a reasonable time, return the completed form to the department. The subpoena must be issued no more than two days after the expiration of the issue or publication containing the advertising or after the broadcast of the advertising. The good-faith compliance by a seller of advertising with a written request of the department for information concerning the purchaser of advertising shall constitute a complete defense to any civil or criminal action brought against the seller of advertising arising from such compliance. Advertising by airwave or electronic transmission is subject to this subsection (3)(((b))) (d).
     (4) No contractor shall advertise that he or she is bonded and insured because of the bond required to be filed and sufficiency of insurance as provided in this chapter.
     (5) A contractor shall not falsify a registration number and use it, or use an expired registration number, 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.
     (6) Any advertising by a person, firm, or corporation soliciting work as a contractor when that person, firm, or corporation is not registered pursuant to this chapter is a violation of this chapter.
     (7)(a) The finding of a violation of this section by the director at a hearing held in accordance with the Administrative Procedure Act, chapter 34.05 RCW, shall subject the person committing the violation to a penalty of not more than ten thousand dollars as determined by the director.
     (b) Penalties under this section shall not apply to a violation determined to be an inadvertent error.