BILL REQ. #:  S-2556.1 

READ FIRST TIME 03/05/07.   

     AN ACT Relating to the registration of persons who provide or offer to provide athletic coaching services to children under the age of eighteen; amending RCW 43.24.150; adding a new section to chapter 42.56 RCW; adding a new chapter to Title 19 RCW; creating a new section; prescribing penalties; providing an effective date; and declaring an emergency.

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

NEW SECTION.  Sec. 1   The legislature finds that parents, local jurisdictions, nonprofit organizations, and other entities providing athletic opportunities to youth need better information about the criminal histories of prospective coaches before they hire, engage, or otherwise retain the coaches for compensation. The legislature declares that the safety, health, and welfare of children and families of this state would benefit from the establishment of a uniform registration system for all persons who, for compensation, provide or offer to provide athletic coaching services to persons under the age of eighteen, other than as an employee of a public or private school.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Athletic" means a physical activity requiring or typically involving stamina, agility, strength, knowledge of the activity's rules, and the capability to perform movements or functions required under those rules. "Athletic" includes individual and organized or team sports or games.
     (2) "Commercial youth athletic coach" means a person who performs youth athletic coaching for compensation through an employment or business relationship other than where the person possesses a current teaching certificate under chapter 28A.410 RCW or is employed by a private or public school after completing a criminal history background check as required by RCW 28A.195.080 or 28A.400.303.
     (3) "Department" means the department of licensing.
     (4) "Director" means the director of licensing or the director's designee.
     (5) "Youth athletic coaching" means the activity of providing services relating to the development of a child's or youth's athletic talents, skills, or abilities where the child or youth is under the age of eighteen, and the coach is not related to the child or youth by blood or marriage.

NEW SECTION.  Sec. 3   (1) A person may not advertise or otherwise offer to provide the services of a commercial youth athletic coach, or to engage in, conduct, or carry on the business of commercial youth athletic coaching in this state unless the person possesses a valid, unsuspended, and unexpired certificate of registration issued by the department under this chapter.
     (2) A person is guilty of a gross misdemeanor when the person (a) violates this section; and (b) has, as of the date of the violation, any conviction defined in section 13 of this act, regardless whether the conviction appears on any criminal history background record.

NEW SECTION.  Sec. 4   (1) The director may require, by rule, any information and documentation that reasonably relates to the need to determine whether the applicant meets the requirements established by this section.
     (2) The director shall issue a certificate of registration as a commercial youth athletic coach only to an applicant who:
     (a) Is at least eighteen years of age;
     (b) Is a citizen or resident alien of the United States;
     (c) Has a place of business or residence located in the state;
     (d) Submits a fully completed application on the form prescribed by the director;
     (e) Submits a set of the applicant's fingerprints for a background check through the Washington state patrol criminal identification system under RCW 10.97.030 and 10.97.050 and through the federal bureau of investigation;
     (f) Pays a nonrefundable fee as is required by the department for the background check; and
     (g) Has no disqualifying conviction, as provided under section 13 of this act, regardless whether the conviction appears on any criminal history background record.

NEW SECTION.  Sec. 5   (1) The Washington state patrol shall forward the fingerprint data submitted by an applicant under this chapter to the federal bureau of investigation for a national criminal history records check.
     (2) An application submitted under section 4 of this act is not complete until the search result has been received by the department from both the Washington state patrol and the federal bureau of investigation fingerprint check systems.
     (3) Criminal history record information received by the department under this chapter is exempt from public inspection or disclosure under chapter 42.56 RCW.
     (4)(a) The director shall issue a certificate of registration as a commercial youth athletic coach to each applicant within thirty days after receiving the background check results from both (i) the Washington state patrol criminal identification system; and (ii) the federal bureau of investigation.
     (b) The certificate of registration must contain a unique registration number and a prominent statement containing the following information:
     (i) That the certificate of registration is not a guarantee that the subject of the inquiry has no criminal record or adverse civil or administrative decisions;
     (ii) That the certificate of registration is not an endorsement of the holder by the state of Washington, nor a guarantee that the registrant is substantively qualified in the field of athletic coaching; and
     (iii) That if the responsibilities or duties of the commercial youth athletic coach includes transporting the youth by private vehicle, the parent, guardian, or hiring entity is authorized by RCW 46.52.130 and section 12 of this act to request and receive a certified copy of the registrant's abstract of driving record.

NEW SECTION.  Sec. 6   (1) A commercial youth athletic coach shall include the following information in any advertisement or other publication that the coach authorizes, sponsors, or purchases, in whole or in part, which contains an offer to provide services as a commercial youth athletic coach: (a) The coach's true name as it appears in the records of the department; (b) the coach's address of record with the department; and (c) the registration number issued by the department under this chapter.
     (2)(a) Before entering into a contract for compensation with the parent, parents, or guardian of a child to provide youth athletic coaching services to the child, a commercial youth athletic coach shall deliver to the parents or guardians a certified copy of the certificate of registration issued under this chapter.
     (b) Before entering into an employment or business relationship with a third party to provide youth athletic coaching services to the clients or members of the third party, the commercial youth athletic coach shall deliver to the hiring officer of any entity employing or retaining the coach a certified copy of the certificate of registration issued under this chapter.
     (3) The department may charge a reasonable fee, not to exceed ten dollars, to create each certified copy of a certificate of registration issued under this chapter.
     (4) A certificate of registration issued under this chapter is valid for two years from the date of issue, and is not transferable.
     (5) The department shall renew a certificate of registration, with the same unique registration number identifying the registrant, upon receipt of an application containing no disqualifying convictions as provided under section 4 of this act. The director may, by rule, provide for an additional fee for the submission of a renewal application received less than ninety days prior to the renewal date.

NEW SECTION.  Sec. 7   (1) The state of Washington and its employees are not liable for defamation, invasion of privacy, negligence, or any other claim in connection with any lawful dissemination of information released under this chapter.
     (2) A person may not represent to another that the lawful dissemination of information under this chapter guarantees that the subject of the inquiry (a) has no criminal record or adverse civil or administrative decisions; or (b) is substantively suitable or qualified.

NEW SECTION.  Sec. 8   (1)(a) A person registered or required to be registered under this chapter shall notify the director within thirty days of any material change in the information furnished or required to be furnished to the director, including but not limited to the discovery of any (i) error that the registrant knows or should know is contained in the criminal history record information report submitted as part of the registrant's application under this chapter; or (ii) arrest or conviction of the registrant for any criminal offense occurring after the date of application.
     (b) Upon receipt of any information relating to a person required to be registered, as described in (a) of this subsection, the director shall investigate the accuracy of the information and may accept proof of a recent fingerprint background check. If the director concludes the report of the registrant is accurate and that the applicant has not been convicted of a disqualifying crime under section 13 of this act, the director shall update the records maintained by the department, assess a reasonable fee of not less than fifty dollars, and, upon receipt of the required fee, issue an amended certificate of registration to the registrant.
     (2) The director shall suspend the certificate of registration of any person who has been:
     (a) Convicted of any criminal offense after the date of application, unless the registrant has notified the director of such conviction and pays the fee required by subsection (1) of this section, provided that the conviction does not disqualify the registrant pursuant to section 13 of this act;
     (b) Certified by a lending agency and reported to the director for nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational loan or service-conditional scholarship. The person's registration may not be reissued until the person provides the director a written release issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement approved by the lending agency. If the person has continued to meet all other requirements for registration during the suspension, reinstatement shall be automatic upon receipt of the notice and payment of any reinstatement fee the director may impose; or
     (c) Certified under RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the registration shall be automatic upon the director's receipt of a release issued by the department of social and health services stating that the person is in compliance with the order.

NEW SECTION.  Sec. 9   (1) The provisions of this chapter relating to the registration of commercial youth athletic coaches are exclusive. No governmental subdivision of the state may enact any laws or rules with respect to registration of commercial youth athletic coaches for regulatory purposes, except as provided in subsections (2) and (3) of this section.
     (2) This section may not be construed to prohibit a political subdivision of this state from levying a business fee, business and occupation tax, or other tax upon commercial youth athletic coaches if the fees or taxes are levied by the political subdivision on other types of businesses within its boundaries.
     (3) This section may not be construed to prohibit the state or any political subdivision of the state from licensing for regulatory purposes commercial youth athletic coaches with respect to activities that are not regulated under this chapter.

NEW SECTION.  Sec. 10   (1) The uniform regulation of business and professions act, chapter 18.235 RCW, governs the issuance and denial of registrations and the discipline of registrants under this chapter.
     (2) In addition to those powers set forth in RCW 18.235.030, the director has the authority to enter into an assurance of discontinuance in lieu of issuing a statement of charges or conducting a hearing. The assurance must consist of a statement of the law in question and an agreement to not violate the stated provision. The applicant or registered commercial youth athletic coach is not required to admit to any violation of the law, and the assurance may not be construed as such an admission. Violation of an assurance under this subsection is grounds for disciplinary action.
     (3) In addition to the unprofessional conduct described in RCW 18.235.130, the following conduct, acts, or conditions constitute unprofessional conduct:
     (a) Violating any of the provisions of this chapter or the rules adopted under this chapter;
     (b) Violating an order to cease and desist that is issued by the director under this chapter;
     (c) Misrepresenting or knowingly making a material misstatement or omission in the application to register as a commercial youth athletic coach; or
     (d) Misrepresenting or knowingly making a material misstatement or omission in any physical or electronic material soliciting for business as a commercial youth athletic coach as required under section 6(1) of this act.

NEW SECTION.  Sec. 11   Any person may submit a written complaint to the department charging a commercial youth athletic coach or applicant with unprofessional conduct and specifying the grounds for the charge. If the director determines that the complaint merits investigation, or if the director has reason to believe, without a formal complaint, that a registered commercial youth athletic coach or applicant may have engaged in unprofessional conduct, the director shall investigate to determine if there has been unprofessional conduct. A person who files a complaint under this section in good faith is immune from suit in any civil action related to the filing or contents of the complaint. When a statement of charges is issued against a registered commercial youth athletic coach or applicant under RCW 18.235.050, notice of this action must be given to the commercial youth athletic coach or applicant.

NEW SECTION.  Sec. 12   In addition to any other duties imposed by law, the director shall have the following powers and duties:
     (1) To set by rule all registration, renewal, and other fees in accordance with RCW 43.24.086;
     (2) To adopt those rules, in accordance with the administrative procedure act, chapter 34.05 RCW, necessary to implement this chapter;
     (3) To expend such funds as the director deems appropriate to educate affected coaches, parents, and other entities, of the requirements of this chapter; and
     (4) To furnish the certified abstract of a driving record, under RCW 46.52.130, of any person registered under this chapter to any person or entity submitting a request for such a record accompanied by an original or photocopy of the registrant's certificate of registration as a commercial youth athletic coach.

NEW SECTION.  Sec. 13   (1) The director shall not issue a certificate of registration as a commercial youth athletic coach to any applicant when the criminal history record information report contains information indicating the following, regardless of whether the conviction appears on any criminal history background record:
     (a) Conviction of any gross misdemeanor or felony relating to the practice of the person's profession or operation of the person's business; or
     (b) The commission of any act involving moral turpitude, dishonesty, or corruption relating to the practice of the person's profession or operation of the person's business, whether the act constitutes a crime or not.
     (2) For the purposes of this section, conviction includes all instances in which a plea of guilty or nolo contendere is the basis for conviction and all proceedings in which the sentence has been deferred or suspended. Except as specifically provided by law, nothing in this section abrogates the provisions of chapter 9.96A RCW. However, RCW 9.96A.020 does not apply to a person who is required to register as a sex offender under RCW 9A.44.130.

NEW SECTION.  Sec. 14   A new section is added to chapter 42.56 RCW to read as follows:
     Criminal history information received by the department of licensing under chapter 19.-- RCW (sections 1 through 13 and 15 of this act) is exempt from disclosure under this chapter.

NEW SECTION.  Sec. 15   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

Sec. 16   RCW 43.24.150 and 2005 c 25 s 1 are each amended to read as follows:
     (1) The business and professions account is created in the state treasury. All receipts from business or professional licenses, registrations, certifications, renewals, examinations, or civil penalties assessed and collected by the department from the following chapters must be deposited into the account:
     (a) Chapter 18.11 RCW, auctioneers;
     (b) Chapter 18.16 RCW, cosmetologists, barbers, and manicurists;
     (c) Chapter 18.96 RCW, landscape architects;
     (d) Chapter 18.145 RCW, court reporters;
     (e) Chapter 18.165 RCW, private investigators;
     (f) Chapter 18.170 RCW, security guards;
     (g) Chapter 18.185 RCW, bail bond agents;
     (h) Chapter 19.16 RCW, collection agencies;
     (i) Chapter 19.31 RCW, employment agencies;
     (j) Chapter 19.105 RCW, camping resorts;
     (k) Chapter 19.138 RCW, sellers of travel;
     (l) Chapter 42.44 RCW, notaries public; ((and))
     (m) Chapter 64.36 RCW, timeshares; and
     (n) Chapter 19.-- RCW (sections 1 through 13 and 15 of this act), youth athletic coaches.
     Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for expenses incurred in carrying out these business and professions licensing activities of the department. Any residue in the account shall be accumulated and shall not revert to the general fund at the end of the biennium.
     (2) The director shall biennially prepare a budget request based on the anticipated costs of administering the business and professions licensing activities listed in subsection (1) of this section, which shall include the estimated income from these business and professions fees.

NEW SECTION.  Sec. 17   Sections 1 through 13 and 15 of this act constitute a new chapter in Title 19 RCW.

NEW SECTION.  Sec. 18   This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect July 1, 2007.