BILL REQ. #:  S-1558.2 

READ FIRST TIME 02/08/07.   

     AN ACT Relating to legislative requests under the sunrise review process; amending RCW 18.118.020; and adding a new section to chapter 18.118 RCW.

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

Sec. 1   RCW 18.118.020 and 1987 c 514 s 5 are each amended to read as follows:
     The definitions contained in this section shall apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Applicant group" includes any business professional group or organization, any individual, or any other interested party which proposes that any business professional group not presently regulated be regulated or which proposes legislation to substantially increase the scope of practice or the level of regulation of the profession.
     (2) "Business professions" means those business occupations or professions which are not health professions under chapter 18.120 RCW and includes, in addition to real estate brokers and salespersons under chapter 18.85 RCW, the following professions and occupations: Accountancy under chapter 18.04 RCW; architects under chapter 18.08 RCW; auctioneering under chapter 18.11 RCW; cosmetologists, barbers, and manicurists under chapter 18.16 RCW; contractors under chapter 18.27 RCW; debt adjusting under chapter 18.28 RCW; engineers and surveyors under chapter 18.43 RCW; escrow agents under chapter 18.44 RCW; landscape architects under chapter 18.96 RCW; water well construction under chapter 18.104 RCW; plumbers under chapter 18.106 RCW; and art dealers under chapter 18.110 RCW.
     (3) (("Certificate" and)) "Certification" means a voluntary process by which a statutory regulatory entity grants recognition to an individual who (a) has met certain prerequisite qualifications specified by that regulatory entity, and (b) may assume or use "certified" in the title or designation to perform prescribed professional tasks.
     (4) "Grandfather clause" means a provision in a regulatory statute applicable to practitioners actively engaged in the regulated profession prior to the effective date of the regulatory statute which exempts the practitioners from meeting the prerequisite qualifications set forth in the regulatory statute to perform prescribed occupational tasks.
     (5) "Inspection" means the periodic examination of practitioners by a state agency in order to ascertain whether the practitioners' occupation is being carried out in a fashion consistent with the public health, safety, and welfare.
     (6) "Legislative committees of reference" means the standing legislative committees designated by the respective rules committees of the senate and house of representatives to consider proposed legislation to regulate business professions not previously regulated.
     (7) "License", "licensing", and "licensure" mean permission to engage in a business profession which would otherwise be unlawful in the state in the absence of the permission. A license is granted to those individuals who meet prerequisite qualifications to perform prescribed professional tasks and for the use of a particular title.
     (8) (("Professional license" means an individual, nontransferable authorization to carry on an activity based on qualifications which include: (a) Graduation from an accredited or approved program, and (b) acceptable performance on a qualifying examination or series of examinations.
     (9))) "Practitioner" means an individual who (a) has achieved knowledge and skill by practice, and (b) is actively engaged in a specified business profession.
     (((10))) (9) "Public member" means an individual who is not, and never was, a member of the business profession being regulated or the spouse of a member, or an individual who does not have and never has had a material financial interest in either the rendering of the business professional service being regulated or an activity directly related to the profession being regulated.
     (((11))) (10) "Registration" means the formal notification which, prior to rendering services, a practitioner shall submit to a state agency setting forth the name and address of the practitioner; the location, nature and operation of the business activity to be practiced; and, if required by the regulatory entity, a description of the service to be provided.
     (((12))) (11) "Regulatory entity" means any board, commission, agency, division, or other unit or subunit of state government which regulates one or more professions, occupations, industries, businesses, or other endeavors in this state.
     (((13))) (12) "State agency" includes every state office, department, board, commission, regulatory entity, and agency of the state, and, where provided by law, programs and activities involving less than the full responsibility of a state agency.

NEW SECTION.  Sec. 2   A new section is added to chapter 18.118 RCW to read as follows:
     (1)(a) When the legislature requests the department of licensing to conduct a review under this chapter, the department must gather, as appropriate, the information detailed in RCW 18.118.030. In gathering this information, the department of licensing must seek input from public members. Unless the public hearing requirements of (b) of this subsection are met, a review is not complete if it consists only of input from members of the business profession of which the legislature seeks review.
     (b) The department must hold a public hearing during which the department will receive public comment. At least twenty days before the public hearing, the department of licensing must cause notice of the hearing to be filed with the code reviser for publication in the Washington State Register. The notice must include:
     (i) The business profession for which information is sought;
     (ii) As appropriate, the information requested under RCW 18.118.030; and
     (iii) When, where, and how public members may present information about the business profession.
     (c) The department of licensing must request names of individuals and organizations that may have information needed for the review from legislators and other identified interested parties. These individuals and organizations must be sent copies of the notice under (b) of this subsection.
     (2) If the department of licensing determines that regulation of the business profession is not necessary, the evidence gathered by the department must clearly demonstrate that: (a) Unregulated practice will not result in harm or endanger the health, safety, or welfare of the public; (b) the public does not need nor reasonably expects to benefit from an assurance of initial and continuing professional ability; and (c) the public can be effectively protected by other means in a more cost-beneficial manner.
     (3) The department of licensing must submit a report detailing its findings under this section to the legislative committees of reference. This report must also detail the department's efforts to contact public members and whether a public hearing was conducted under this section.