BILL REQ. #:  S-1543.1 

READ FIRST TIME 02/17/11.   

     AN ACT Relating to developing training for manufactured housing community managers; adding a new chapter to Title 59 RCW; prescribing penalties; providing an effective date; and providing a contingent effective date.

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

NEW SECTION.  Sec. 1   The purpose of this chapter is to establish a training program for managers of manufactured housing communities.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Advisory council" means the advisory council on manufactured housing community management training created in section 6 of this act.
     (2) "Certificate of completed training" means a certificate issued by a statewide association exclusively representing manufactured housing communities that conducts manufactured housing community management training under this chapter.
     (3) "Manufactured housing community" has the same meaning as in RCW 59.20.030.
     (4) "Manufactured housing community management" means those actions, functions, or duties related to the management of a manufactured housing community to include the collection of rent and other charges, renting mobile home lots, and the implementation of landlord duties and responsibilities under chapter 59.20 RCW.
     (5) "Manufactured housing community manager" means a person who performs manufactured housing community management, and is required to be trained under this chapter to perform manufactured housing community management services. "Manufactured housing community manager" includes a resident owner of a manufactured housing community who performs manufactured housing community management.

NEW SECTION.  Sec. 3   (1) Any manager who lives in a manufactured housing community and performs manufactured housing community management in a community with more than twelve manufactured/mobile home lots as defined in RCW 59.30.020 must be trained and possess a certificate of completed training.
     (2) Any person engaged in the business of managing a manufactured housing community with more than twelve manufactured/mobile home lots as defined in RCW 59.30.020, but is not living in a manufactured housing community, must be trained and possess a certificate of completed training.
     (3) An owner living in the manufactured housing community, but not performing manufactured housing community management, is not required to be trained.

NEW SECTION.  Sec. 4   (1) A certificate of completed training must be initially issued after the person required to be trained has attended and completed an eight-hour training course for manufactured housing community management as approved by the advisory council.
     (2) Any person required to have a certificate of completed training shall complete the training within six months of the person first performing manufactured housing community management within a manufactured housing community or within one year of becoming a manager upon a determination of good cause by the chair of the advisory council.
     (3) A certificate of completed training is effective on the date of the completion of the initial training course, and must be renewed annually. A minimum of four hours of manufactured housing community management training is required annually for renewal of a certificate of completed training.

NEW SECTION.  Sec. 5   Only statewide associations exclusively representing manufactured housing communities shall conduct manufactured housing community management training. These associations may charge fees, including an application fee, to persons being trained for the purposes of conducting manufactured housing community management training.

NEW SECTION.  Sec. 6   (1) An advisory council on manufactured housing community management training is created. The council must consist of five members. Two members of the council must be residents of manufactured housing communities or their designees. Two members must be owners of manufactured housing communities or their designees. The resident members of the council must be selected by statewide associations exclusively representing manufactured housing community tenants. The manufactured housing community members of the council must be selected by statewide associations exclusively representing manufactured housing communities. Members shall serve for terms of four years. The office of the attorney general shall serve as an advisory member of the council. However, if the four voting members of the council cannot agree on the approval of the development, renewal, and revisions of the curriculum for manufactured housing community management training under subsection (3)(a) of this section, the office of the attorney general must vote. The office of the attorney general is not required to appear in person at the council meeting and may cast its vote by means of a conference telephone or similar communication equipment so that all persons participating in the meeting can hear each other at the same time. The council shall select a chair from its members for a four-year term.
     (2) Members of the advisory council shall serve without compensation.
     (3) The functions of the advisory council are to:
     (a) Approve the development, renewal, and revisions of the curriculum for manufactured housing community management training;
     (b) Ensure that (i) the initial eight-hour training curriculum has at least one-half the class instruction on one or more provisions of chapter 59.20 RCW and at least one-fourth the class instruction on a combination of resident relations and communication skills; and (ii) the tenant relations portion of the training curriculum is only taught by statewide associations exclusively representing manufactured housing community tenants; and
     (c) Ensure that (i) the annual four-hour requirement for continuing training after the initial eight-hour training has at least one-half the class instruction on one or more provisions of chapter 59.20 RCW and at least one-fourth the class instruction on a combination of resident relations and communication skills; and (ii) the tenant relations portion of the continuing training is only taught by statewide associations exclusively representing manufactured housing community tenants.
     (4) The advisory council shall meet at the call of its chair or at the request of a majority of its membership.

NEW SECTION.  Sec. 7   A violation of this chapter is a class 1 civil infraction under RCW 7.80.120.

NEW SECTION.  Sec. 8   No government agency, trade association, instructor, or advisory council member is responsible for the conduct of any person required to comply with this chapter. This section does not create a cause of action against any government agency, trade association, instructor, or advisory council member for a violation of this chapter by any person required to comply with this chapter.

NEW SECTION.  Sec. 9   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.

NEW SECTION.  Sec. 10   Sections 1 through 9 of this act constitute a new chapter in Title 59 RCW.

NEW SECTION.  Sec. 11   Section 3 of this act takes effect January 1, 2012, or six months after approval of the initial curriculum for manufactured housing community management training by the advisory council on manufactured housing community management training under section 6(3)(a) of this act, whichever occurs later.

NEW SECTION.  Sec. 12   Sections 4 through 6 of this act take effect January 1, 2012.