Washington State Board of Registration for Professional Engineers & Land Surveyors Board Meeting - BRPELS website
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Washington State
Board of Registration for
Professional Engineers
& Land Surveyors
Board Meeting
February 18, 2021
WebEx Link
or
Join by video system, application or Skype for business
Dial 1773038217@webex.com
You can also dial 173.243.2.68 and enter meeting number 177 303 8217
Meeting password: 77bVDkRm3em
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+1-415-655-0001,,1773038217## US Toll
Board Meeting
Tab 1
Call to Order
• Roll Call
• Order of Agenda
• Approval of February 1, 2021 Meeting Minutes
• Public Comment Opportunity
STATE OF WASHINGTON
BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS
Special Board Meeting Agenda
DATE & TIME: February 18, 2021 8:00 a.m.
LOCATION: WebEx Link
or
Join by video system, application or Skype for business
Dial 1773038217@webex.com
You can also dial 173.243.2.68 and enter meeting number 177 303 8217
Meeting password: 77bVDkRm3em
Tap to join from a mobile device (attendees only)
+1-415-655-0001,,1773038217## US Toll
ATTENTION: All meetings are open to the public except when business calls for a Closed Session. During
Closed Session all guests will be excused. Start times are subject to change by the Board or Committee
Chair.
OPEN SESSION
1. Call to Order
1.1. Roll Call
1.2. Order Of Agenda
1.3. Approval of February 1, 2021 Meeting Minutes
1.4. Public Comment Opportunity
EXECUTIVE SESSION: The chair will announce the purpose and estimated duration for Executive
Session. No formal actions will be taken during Executive Session. Once Executive Session concludes,
the Board will take a break to announce and invite visitors to Open Session.
OPEN SESSION RECONVENES
2. Disciplinary Action
2.1. Recommended Closure
2.2. Disciplinary Report
3. Committee Reports
3.1. Executive Committee – Link to Agenda
3.2. Practice Committee – Link to PC Agenda
3.3. Exam Qualifications Committee – Link to EQC Agenda
3.4. Survey Committee – Link to SC Agenda
3.5. Structural Committee – Link to SE Agenda4. New Business
4.1. Policy 3 revocation and/or WAC replacement (from PC)
4.2. Policy 48 revocation and new flow chart location (from PC)
4.3. WAC 196-12 Review (from EQC)
4.4. Application Form and Process Updates (from EQC)
4.5. Legislative Report and Bills the Executive Committee Recommends Action
4.6. Board Staff Performance Evaluation Process – OFM Performance Planning and Evaluation
5. Old Business
5.1. None
6. Director’s Report
6.1. Agency Operations
6.2. Financial Report with Paul Bitar
6.3. NCEES Coordination & NCEES Committee Updates
7. Assistant Attorney General’s Report
8. Other Business
8.1. Additional Public Comment
8.2. Upcoming Outreach and Events
8.3. Rolling Action Item List + Action Items from This Meeting
8.4. Agenda Items for Next Meeting
9. Adjourn Meeting
BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS
SPECIAL BOARD MEETING FEBRUARY 18, 2021STATE OF WASHINGTON
BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS
SPECIAL BOARD MEETING MINUTES
DATE: February 1, 2021
TIME: 12:30 p.m.
LOCATION: WebEx
ATTENDANCE:
Board Members Staff Members
Aaron Blaisdell, PLS, Chair Ken Fuller, PE, Director
Marjorie Lund, PE, SE, Vice Chair Richard Larson, PLS, Deputy Director
Nirmala Gnanapragasam, Ph.D, PE Carmena Moretti, Executive Assistant
Doug Hendrickson, PE Shanan Gillespie, Regulatory Program Manager
Dave Peden, PE, SE Vonna Cramer, Licensing Lead
Ivan VanDeWege, PE
James Wengler, PLS, CFedS
1. Call to Order at 12:38 p.m.
1.1. Mr. Blaisdell, Board Chair, took roll call.
1.2. Order of Agenda
A motion was made by Mr. Hendrickson, and seconded by Ms. Gnanapragasam, to accept the
agenda with the amendment of changing the date of the previous minutes to December 10,
2020. Motion carried.
1.3. Approval of Meeting Minutes
A motion was made by Mr. Hendrickson, and seconded by Ms. Lund, to accept the
December 10, 2020 meeting minutes as amended. Motion carried.
1.4. Public Comment Opportunity
None
2. New Business
2.1. Legislative Bill Review
The Board discussed taking positions on proposed legislation and developed a process for
legislative bill review.A motion was made by Mr. Hendrickson, and seconded by Mr. Peden, to have BRPELS’
Executive Committee and the Director provide gateway review for proposed legislation.
The full Board shall approve positions other than neutral. Motion carried.
Ms. Gillespie provided an update on the current legislation being tracked and went over
an updated legislative report.
2.1.1. Surveying related
2.1.2. Engineering related
2.1.3. Professional licensing
2.1.4. Agency – Administrative
2.1.5. Agency – Budget bills
The Board discussed SB 5243 – Creating efficiency in housing by streamlining approval of
engineered plans.
A motion was made by Ms. Lund, and seconded by Mr. VanDeWege, directing Mr. Fuller to
prepare a memo to SB 5243 bill sponsors explaining why the Board initially entered an
opposing position and declaring its move to a neutral position.
Due to the potential public health and safety issues regarding SB 5243 the Board asked Mr.
Fuller to track the legislation carefully and report back with any updates. (Action)
3. Adjourn Meeting
A motion was made by Mr. Hendrickson, and seconded by Mr. VanDeWege, to adjourn the meeting
at 2:07 p.m. Motion carried.
Next Meeting: February 18, 2021 – Special Board Meeting
Respectfully submitted
_____________________________
Ken Fuller, PE, Director
BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS 2
SPECIAL BOARD MEETING FEBRUARY 1, 2021Executive Session
Board Meeting
Tab 2
Disciplinary Activity
• Recommended Closures
• Disciplinary ReportBoard of Registration for Professional Engineers Land Surveyors
Disciplinary Report - February 2021
Open Case Status
Program Type
OPEN COMPLAINT STATUS
Status Land Total
Engineers OSW
Surveyors Compliance Monitoring
Case Manager Review
4%
Administrative Review 1 10 0 11 34%
Intake 2 2 0 4
11 4 1 16 Administrative…
Investigation
Legal 0 0 0 0 Legal
Case Manager Review 3 11 3 17 0%
Compliance Monitoring 1 0 1 2 Intake
Total 18 27 5 50 Investigation 8%
32%
Case Manager Review
Program Type Case Manager Open Complaints
Case Manager Land Total
Engineers 0 2 4 6 8 10
Surveyors
Aaron Blaisdell, PLS
Aaron Blaisdell, PLS 0 0 0
Nirmala Gnanapragasam, Ph.D, PE
Nirmala Gnanapragasam, Ph.D, PE 3 0 3
Doug Hendrickson, PE
Doug Hendrickson, PE 1 0 1
Marjorie Lund, PE, SE
Marjorie Lund, PE, SE 0 0 0
David Peden, PE, SE 0 0 0 David Peden, PE, SE
Ivan VanDeWege, PE 2 0 2 Ivan VanDeWege, PE
James Wengler, PLS, CFedS 0 3 3 James Wengler, PLS, CFedS
Daniel Clark, PLS 0 8 8 Daniel Clark, PLS
Rich Larson, PLS 0 0 0 Rich Larson, PLS
Total 6 11 17
Administrative Review
Land
Board Staff Engineers OSW Total
Surveyors
Ken Fuller, PE 0 0 0 0
Rich Larson, PLS 1 10 0 11
Total 10 0 11Board Meeting
Tab 3
Committee/Task Reports
• Executive Committee
• Practice Committee
• Exam/Qualifications Committee
• Survey Committee
• Structural CommitteeBoard Meeting
Tab 4
New Business
• Policy 3 revocation and/or WAC replacement (from PC)
• Policy 48 revocation and new flow chart location (from PC)
• WAC 196-12 Review (from EQC)
• Application Form and Process Updates (from EQC)
• Legislative Report & Bills the Executive Committee
Recommends Action
• Board Staff Performance Evaluation Process2021 Session Cutoff Calendar January
Date
11
12
13
Day of
Week
M
T
W
Day of
Session
1
2
3
First day of session.
14 Th 4
15 F 5
16 S 6
17 Su 7
18 M 8
19 T 9
20 W 10
21 Th 11
22 F 12
23 S 13
24 Su 14
25 M 15
26 T 16
27 W 17
28 Th 18
29 F 19
30 S 20
31 Su 21
1 M 22
February 2 T 23
3 W 24
4 Th 25
5 F 26
6 S 27
7 Su 28
8 M 29
9 T 30
10 W 31
11 Th 32
12 F 33
13 S 34
14 Su 35
15 M 36 Policy Committee Cutoff.
16 T 37
Last day to read in committee reports in house of
17 W 38 origin except H fiscal cmtes and S Ways & Means
18 Th 39 and Transpo. cmtes.
19 F 40
20 S 41
21 Su 42
22 M 43 Fiscal Committee Cutoff.
23 T 44 last day to read in committee reports from H fiscal
24 W 45 cmtes and S Ways & Means and Transpo. cmtes in
25 Th 46 house of origin.
26 F 47
27 S 48
28 Su 49
1 M 50
March 2 T 51
3 W 52
4 Th 53
5 F 54
6 S 55
7 Su 56
8 M 57
9 T 58 House of Origin Cutoff.
10 W 59 Last day to consider (pass) bills in
11 Th 60 house of origin (5 p.m.)
12 F 61
13 S 62
14 Su 63
15 M 64
16 T 65
17 W 66
18 Th 67
19 F 68
20 S 69
21 Su 70
22 M 71
23 T 72
24 W 73
25 Th 74
26 F 75 Policy Committee Cutoff - Opposite House.
27 S 76 Last day to read in committee reports (pass bills out of committee &
28 Su 77 read them into the record on the floor) from opposite house, except
29 M 78 H fiscal cmtes and S Ways & Means and Transpo cmtes.
30 T 79
31 W 80
1 Th 81
April 2 F 82 Fiscal Committee Cutoff - Opposite House.
3 S 83
Last day to read in opposite house committee reports from H fiscal
4 Su 84
cmtes and S Ways & Means and Transpo. cmtes.
5 M 85
6 T 86
7 W 87
8 Th 88
9 F 89
10 S 90
11 Su 91 Opposite House Cutoff.
12 M 92
13 T 93 After 5:00 p.m. on the 91st day, only initiatives and
14 W 94 alternatives to initiatives, budgets and matters
15 Th 95 necessary to implement budgets, matters that affect
16 F 96 state revenue, messages pertaining to amendments,
matters of differences between the two houses, and
17 S 97 matters incident to the interim and to the closing of
18 Su 98 the session may be considered.
19 M 99
20 T 100
21 W 101
The Governor has 5 days, excluding
22 Th 102
Sundays, to take action on any bill passed
by the Legislature, provided adjournment
23 F 103
does not occur within those 5 days. 24 S 104
25 Su 105 ast day allowed for regular session
L
under the state constitution.BRPELS Detail Report – February 10, 2021
Upcoming Events
Local Government (House) - Virtual, - 2/12 @ 8:00am
1. HB 1180 - Exec Session - Concerning public testimony at public meetings, including virtual meetings.
(Neutral/Monitoring)
2. HB 1329 - Exec Session - Concerning public meeting accessibility and participation. (Neutral/Medium)
Engineering related
Bill Details Status Sponsor Priority Position
Engineered plan approval S Housing & Loca Gildon High Oppose
SB 5243 Creating efficiency in housing by streamlining approval of engineered plans.
Status: 1/26 -Public hearing in the Senate Housing & Local Gov’t. (see senate bill report)
Surveying related
Bill Details Status Sponsor Priority Position
Recording standards comm'n S Ways & Means Kuderer Low Neutral
Concerning the recording standards commission.
Establishes the Recording Standards Commission in place of the Electronic Recording Standards
Commission to review recording standards, including electronic recording standards, and make
recommendations to the Sec of St for the purpose of creating regulations for the consistent recording of
SB 5019 documents by county auditors. Grants rule-making authority to the Sec of St to provide for the uniform
recording of documents in cooperation with the Recording Standards Commission
Status: 1/12 Public hearing in the Senate Committee on Housing & Local Gov’t
1/21 Executive action taken in the Senate Committee on Housing & Local Gov’t. Majority; do
pass. And refer to Ways & Means.
1/22 Referred to Ways & Means.
2/8 Public hearing in the Senate Committee on Ways & Means (see senate bill report)
Land survey markers S Ag/Water/Natur Hunt High Neutral
Modifying provisions related to land survey reference markers.
SB 5224 Status: 2/2 Public hearing in Senate Cmte on Agriculture, Water, Natural Resources & Parks (see senate bill
report)
2/4 Executive session scheduled, but no action was taken in the Senate Committee on Agriculture,
Water, Natural Resources & Parks
Detail Report
February 10, 2021
Page 1 of 4Professional Licensing
Bill Details Status Sponsor Priority Position
Prof. licensure/convictions H ConsPro&Bus Vick Medium Neutral
Reducing barriers to professional licensure for individuals with previous criminal convictions.
HB 1399 Ritter v BORPELS prevents the board from denying license based on conviction only - UNLESS there is a
nexus to the profession
Status: 2/8 Public hearing in the House Cmte on Consumer Protection & Business (see house bill report)
Alt. professional licensing H ConsPro&Bus Vick Medium Neutral
Creating alternative professional licensing standards.
HB 1400 This is a DOL bill. However, it could affect our licensees too.
Status: 2/8 Public hearing in the House Cmte on Consumer Protection & Business (see house bill report)
Prof. licenses/new residents H ConsPro&Bus Vick Medium Neutral
Expediting professional licenses for new Washington residents.
HB 1401 This is a DOL bill, however, it could affect our licensees too.
Status: 2/8 Public hearing in the House Cmte on Consumer Protection & Business (see house bill report)
Prof. licensing review H ConsPro&Bus Vick Medium Neutral
Establishing review standards for professional licensing regulation.
HB 1402 This is a DOL bill, however, it could affect our licensees too.
Status: 2/8 Public hearing in the House Cmte on Consumer Protection & Business (see house bill report)
License review and reporting H ConsPro&Bus Vick Medium Neutral
Creating license review and reporting requirements.
HB 1403 This is a DOL bill, however, it could affect our licensees too.
Status: 2/8 Public hearing in the House Cmte on Consumer Protection & Business (see house bill report)
Detail Report
February 10, 2021
Page 2 of 4Agency - Administrative
Bill Details Status Sponsor Priority Position
Public testimony H Local Govt Kraft Monitoring Neutral
Concerning public testimony at public meetings, including virtual meetings.
HB 1180 Requiring agencies to let public testimony/comment take place during open public meetings. Describes the
ways the testimony can be provided.
Status: 1/26 Public hearing held.
2/12 – Scheduled for Executive Session
Technical corrections H Rules R Goodman Monitoring Neutral
Making technical corrections and removing obsolete language from the Revised Code of Washington
pursuant to RCW 1.08.025.
HB 1192 Section 16 - RCW 18.210.130 Those persons who obtain a certificate of competency as provided in chapter
((70.118)) 70A.105 RCW do not have the privileges granted to a license holder under this chapter.
Status: Public hearing & Executive Session held. Do pass.
1/25 – Referred to Rules 2 Review
Public meetings H Local Govt Wicks Medium Neutral
Concerning public meeting accessibility and participation.
Amendments/new sections to OPMA. Section 2 - amend RCW 42.30.010 to encourage agencies to
incorporate and accept public comment at all stages of decision-making process. Section 3 - amend RCW
HB 1329 43.30.020. Amends the definition of “governing body” Section 7 - amend RCW 43.30.110 to require agencies
to state the purpose of executive session in their minutes. Section 8 - New section. Accepting public
comments on actions taken.
Status: 1/26 Public hearing held.
2/12 – Scheduled for Executive Session
Procurement/automated system S Ways & Means Hasegawa Monitoring Neutral
Establishing guidelines for government procurement and use of automated decision systems in order to
SSB 5116 protect consumers, improve transparency, and create more market predictability.
I do not think we need to track this bill. Deals mostly with courts, WSP & agencies that use facial
recognition.
Significant legislative rule S State Govt & E Short Low Neutral
Requiring additional agencies to comply with the procedures for significant legislative rules.
SB 5276
Rule making changes.
Status: No action taken since originally introduced.
Detail Report
February 10, 2021
Page 3 of 4Agency rules S State Govt & E Wilson Low Neutral
Concerning administrative procedures.
SB 5280
Rule making changes.
Status: No action taken since originally introduced
Administrative rules & proc. S State Govt & E Wilson Low Neutral
SB 5320 Concerning responsibilities of the three branches of government for administrative rules and procedure.
Status: No action taken since originally introduced
Agency - Budget bills
Bill Details Status Sponsor Priority Position
Administrative cost of state H Approps Walsh Medium Neutral
HB 1027
Reducing the administrative cost of state government during the 2021-2023 fiscal biennium.
HB 1093 Operating budget, 2nd supp. H Approps Ormsby Medium Neutral
(SB 5091) Making 2019-2021 fiscal biennium second supplemental operating appropriations.
HB 1094 Operating budget 2021-2023 H Approps Ormsby Medium Neutral
(SB 5092) Making 2021-2023 fiscal biennium operating appropriations.
SB 5091 Operating budget, 2nd supp. S Ways & Means Rolfes Medium Neutral
(HB 1093) Making 2019-2021 fiscal biennium second supplemental operating appropriations.
SB 5092 Operating budget 2021-2023 S Ways & Means Rolfes Medium Neutral
(HB 1094) Making 2021-2023 fiscal biennium operating appropriations.
Detail Report
February 10, 2021
Page 4 of 4SENATE BILL REPORT
SB 5243
As of January 26, 2021
Title: An act relating to creating efficiency in housing by streamlining approval of engineered
plans.
Brief Description: Creating efficiency in housing by streamlining approval of engineered plans.
Sponsors: Senators Gildon, Fortunato and Short.
Brief History:
Committee Activity: Housing & Local Government: 1/26/21.
Brief Summary of Bill
• Provides that any building permit applications submitted with plans or
specifications signed by a professional engineer or architect must be
deemed complete by the city or county building department with
authority.
• Allows the building department to review the application for general
compliance with the zoning or other land use control ordinances in
effect, but it may not impose substantial modifications or conditions on
such submittals.
SENATE COMMITTEE ON HOUSING & LOCAL GOVERNMENT
Staff: Bonnie Kim (786-7316)
Background: State Building Code. The State Building Code (Code) establishes minimum
performance standards and requirements for construction and construction materials in the
state, consistent with accepted standards of engineering, fire, and life safety. The Code
comprises a number of model codes and standards, developed and published by
international and national organizations, which are adopted by reference in the State
This analysis was prepared by non-partisan legislative staff for the use of legislative
members in their deliberations. This analysis is not part of the legislation nor does it
constitute a statement of legislative intent.
Senate Bill Report -1- SB 5243Building Code Act (Act). Model codes and standards adopted in the Act include the
International Building Code, the International Residential Code, and the Uniform Plumbing
Code Standards.
Building Code Permits and Vested Rights. The vested rights doctrine was developed by
courts under common law. An application to use property vests to the laws in effect upon
submission of a sufficiently complete application for the requested property use. The
Legislature codified the vested rights doctrine as it pertains to land use, property
development, and construction permitting. Under the Act, a valid and fully complete
building permit application for a structure that is permitted under the zoning or other land
use control ordinance in effect on the date of the application vests to the building permit
ordinance and the zoning or other land use control ordinances in effect on the date of the
application.
Project Review. Legislation enacted in 1995, required counties and cities, required or
choosing to plan under the Growth Management Act (GMA), to establish an integrated and
consolidated development permit process for all projects involving two or more permits and
to provide for no more than one open record hearing and one closed record appeal. Other
jurisdictions may incorporate some or all of the integrated and consolidated development
permit process.
The 1995 legislation specified the permit process must include a determination of
completeness of the project application within 28 days of submission. A project permit
application is determined to be complete when it meets the local procedural submission
requirements even if additional information is needed because of subsequent project
modifications. Within 14 days of receiving requested additional information, the local
government must notify the applicant whether the application is deemed complete.
The determination of completeness does not preclude a request for additional information if
new information is required or substantial project changes occur. A project permit
application is deemed complete if the GMA jurisdiction does not provide the determination
within the required time period.
For some types of development proposals, such as building plans or proposed land
subdivisions, the current set of local regulations vest to that proposed project only after its
application is deemed complete by the local permit staff. Additionally, a determination of
completeness starts the state-mandated, 120-day deadline within which local governments
are required to review and make a decision on many types of development proposals.
Summary of Bill: Building permit applications submitted with plans, computations or
specifications prepared, stamped and signed by a professional engineer or architect, licensed
under the laws of the state of Washington, in the specific discipline as appropriate, must be
deemed complete by the city or county building department with authority. The department
may review the application for general compliance with the zoning or other land use control
Senate Bill Report -2- SB 5243ordinances in effect and may not impose substantial modifications or conditions on
submittals prepared, stamped, and signed by a licensed architect, landscape architect, soils
engineer, civil engineer, structural engineer, or combination thereof.
Appropriation: None.
Fiscal Note: Not requested.
Creates Committee/Commission/Task Force that includes Legislative members: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony: PRO: This is a bill to streamline the permitting
process. Right now there is a duplicative review by both an engineer or architect and the
local building department. Washington State has a housing crisis and this bill is one way to
streamline the permitting process. The city or county is not held liable for any issues with
building under current law.
CON: The prohibition on preventing modifications to plans and specifications to comply
with code regulations is dangerous. Not every design professional knows the latest codes.
Even the best engineers and architects make mistakes because nobody is perfect. Building
code plan review is the only audit before a building goes to construction. To proceed to
construction without local review undermines public expectations that a building is safe.
Plan review does add time and cost to a project but is the reason we have some of the safest
buildings in the world. Architects can empathize that jurisdictional review can be costly but
this bill goes too far to alleviate the burden. Architects were not consulted on this bill.
Client program requirements and code compliance have become so complex that architects
need the extra review to ensure compliance.
This bill applies to any building permit application regardless of project size. Counties
report regularly finding code compliance issues while reviewing building permit
applications. Out of state architects and engineers may not keep up to date on ever
changing building codes and standards. Engineers believe eliminating project review may
create an incentive for builders to cut corners or sacrifice quality and excellence.
Persons Testifying: PRO: Senator Chris Gildon, Prime Sponsor; Jan Himebaugh, Building
Industry Association of Washington.
CON: Brian Carter, Integrus Architecture and AIA Washington Council; Paul Jewell,
Washington State Association of Counties; Lee Kranz, Washington Association of Building
Officials; Jon Siu, Washington Association of Building Officials; Van Collins, American
Council of Engineering Companies Washington; Carl Schroeder, Association of
Washington Cities.
Senate Bill Report -3- SB 5243Persons Signed In To Testify But Not Testifying: No one. Senate Bill Report -4- SB 5243
SENATE BILL REPORT
SB 5019
As of February 8, 2021
Title: An act relating to the recording standards commission.
Brief Description: Concerning the recording standards commission.
Sponsors: Senators Kuderer, Hunt, Brown and Wilson, C..
Brief History:
Committee Activity: Housing & Local Government: 1/12/21, 1/21/21 [DP-WM].
Ways & Means: 2/08/21.
Brief Summary of Bill
• Establishes the Recording Standards Commission in place of the
Electronic Recording Standards Commission to review recording
standards, including electronic recording standards, and make
recommendations to the Secretary of State for the purpose of creating
regulations for the consistent recording of documents by county auditors.
• Grants rule-making authority to the Secretary of State to provide for the
uniform recording of documents in cooperation with the Recording
Standards Commission.
SENATE COMMITTEE ON HOUSING & LOCAL GOVERNMENT
Majority Report: Do pass and be referred to Committee on Ways & Means.
Signed by Senators Kuderer, Chair; Das, Vice Chair; Fortunato, Ranking Member;
Gildon, Assistant Ranking Member; Short, Assistant Ranking Member; Cleveland,
Lovelett, Salomon and Warnick.
Staff: Bonnie Kim (786-7316)
This analysis was prepared by non-partisan legislative staff for the use of legislative
members in their deliberations. This analysis is not part of the legislation nor does it
constitute a statement of legislative intent.
Senate Bill Report -1- SB 5019SENATE COMMITTEE ON WAYS & MEANS
Staff: Sarian Scott (786-7729)
Background: Secretary of State. The Secretary of State is the state's chief elections
officer, chief corporations officer, and supervisor of the State Archives. Among the duties
of the office, the secretary is responsible for collecting and preserving the historical records
of the state and making those records available for research, and coordinating
implementation of the state's records management laws.
County Auditors. County auditors are responsible for recording specified documents
required by law to be part of the public record kept by a county. The documents that must
be recorded by a county auditor include judgments, liens, deeds, mortgages, and many other
categories of documents pertaining to property ownership and real estate transactions. State
law specifies requirements that must be met by an auditor when exercising an auditor's
recording duties and specifically authorizes an auditor to record documents in electronic
format.
Electronic Recording Standards Commission. In 2008, the Legislature adopted the Uniform
Real Property Electronic Recording Act (URPERA) and the Electronic Recording Standards
Commission (ERSC) to advise the state's recording officers—county auditors and other
official county recorders—regarding the adoption of standards to implement URPERA. A
majority of ERSC must be composed of county recorders or auditors, but may also include
assessors, treasurers, land title company representatives, escrow agents, mortgage brokers,
the state archivist, and any other party the Secretary of State deems appropriate. URPERA
is the product of the National Conference of Commissioners on Uniform State Laws and is
designed to establish the legal authority of the recorder to receive and record documents and
information in electronic form.
Summary of Bill: The ERSC is newly established as the Recording Standards Commission
(Commission). The Commission is tasked with reviewing recording standards, including
electronic recording standards, and making recommendations to the Secretary of State for
the purpose of creating regulations for the consistent recording of documents by county
auditors. A majority of the Commission must be composed of county recorders or county
auditors, but may include assessors, treasurers, land title company representatives, escrow
agents, mortgage brokers, the state archivist, county surveyors, and any other party the
Secretary of State deems appropriate.
The Secretary of State is directed to make reasonable rules in accordance with federal and
state laws, to provide for the uniform recording of documents in cooperation with the
Commission. To promote jurisdictional harmony and compatibility in the use of standards,
practices, and technology, the Office of the Secretary of State must, in adopting, amending,
and repealing rules supporting recording standards, consider:
• the standards and practices of other jurisdictions;
Senate Bill Report -2- SB 5019• the most recent standards adopted by national standard-setting bodies, such as the
Property Records Association;
• the views of interested persons and governmental officials and entities;
• the needs of counties of varying size, population, and resources;
• standards requiring adequate information security protection to ensure that documents
and electronic documents are accurate, authentic, adequately preserved, and resistant
to tampering;
• standards for the certification of recorded documents including imaged paper
documents and documents received by the recording officer in an electronic form;
and
• standards on the documentation and recording of boundary line adjustments for real
property.
In addition to the general rule-making authority granted to the Secretary of State under the
act, the secretary may make rules governing:
• recording duties of county recorders and county auditors;
• recording standards for the creation of certified copies for use as evidence;
• standards to be used in recording, registration, and legal publication;
• standards for fee waivers including, but not limited to, documents for veterans, and
support of dependent children; and
• recording standards for various official documents.
Appropriation: None.
Fiscal Note: Available.
Creates Committee/Commission/Task Force that includes Legislative members: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony (Housing & Local Government): PRO: This is an
efficiency bill to streamline county auditor's recording standards. This bill is a priority bill
for county auditors. One of the issues in recording is that we do not have a Washington
Administrative Code setting body. This causes inconsistencies across the state.
Persons Testifying (Housing & Local Government): PRO: Senator Patty Kuderer, Prime
Sponsor; Vicky Dalton, Washington State Association of County Auditors.
Persons Signed In To Testify But Not Testifying (Housing & Local Government): No
one.
Staff Summary of Public Testimony (Ways & Means): PRO: The Office of the
Secretary of State (OSOS) currently captures document recording fees, and there is room in
that to do this work without increasing fees. Counties need technical and policy assistance.
Senate Bill Report -3- SB 5019The OSOS is happy to partner with the counties. This bill provides regulation across the
state. It would establish consistency, and is a priority for county auditors.
Persons Testifying (Ways & Means): PRO: Jay Jennings, Secretary of State Kim
Wyman; Vicky Dalton, Washington State Association of County Auditors.
Persons Signed In To Testify But Not Testifying (Ways & Means): No one.
Senate Bill Report -4- SB 5019SENATE BILL REPORT
SB 5224
As of February 2, 2021
Title: An act relating to protecting land survey reference markers.
Brief Description: Modifying provisions related to land survey reference markers.
Sponsors: Senators Hunt and Wilson, C.; by request of Department of Natural Resources.
Brief History:
Committee Activity: Agriculture, Water, Natural Resources & Parks: 2/02/21.
Brief Summary of Bill
• Requires the Commissioner of Public Lands to appoint a state surveyor.
• Requires the Survey Advisory Board be comprised of only licensed
professional land surveyors.
• Requires a $10 surcharge for filing and recording documents at the
county auditor, with some documents excluded.
• Removes the fee set by the Board of Natural Resources for filing and
recording any survey, subdivision plat, short plat, and condominium
survey, plat, or map at the county auditor.
SENATE COMMITTEE ON AGRICULTURE, WATER, NATURAL RESOURCES &
PARKS
Staff: Karen Epps (786-7424)
Background: The Department of Natural Resources (DNR) is designated as the official
agency for surveys and maps. Within DNR, the Public Land Survey Office (office)
collects, preserves and indexes land survey records and issues permits for removing survey
monuments. The office provides a means to identify and preserve survey points that
This analysis was prepared by non-partisan legislative staff for the use of legislative
members in their deliberations. This analysis is not part of the legislation nor does it
constitute a statement of legislative intent.
Senate Bill Report -1- SB 5224describe common land boundaries and maintain a system of permanent reference to
boundary monuments. The office supervises the sale and distribution of survey data, survey
maps, other maps and maps data, photographs, and other publications.
The Survey Advisory Board (Advisory Board) is comprised of five members, the majority
of whom must be registered professional engineers or land surveyors. Members are
appointed by the Commissioner of Public Lands. The Advisory Board works with DNR to
advise state agencies, counties, municipalities, registered engineers, and land surveyors
about:
• the recovery of section corners or other land boundary marks;
• the monumentation of accepted section corners, and other boundary and reference
marks; the monumentation must be adequately connected to adjusted United States
coast and geodetic survey triangulation stations and the coordinates of the monuments
computed to conform with the Washington coordinate system;
• For facilitation and encouragement of the use of the Washington state coordinate
system; and
• for promotion of the use of the level net as established by the United States Coast and
Geodetic Survey.
A fee set by the Board of Natural Resources, currently $64, is charged by each county
auditor for filing and recording surveys, subdivision plats, short plats, and condominium
surveys, plats, or maps. These fees are deposited into the Surveys and Maps Account.
Funding for the office comes from the proceeds of survey record sales and from the filing
fees received by counties.
Summary of Bill: The Commissioner of Public Lands must appoint a licensed professional
land surveyor to be known as the state surveyor. The Advisory Board must be comprised of
licensed professional land surveyors. DNR and the Advisory Board are authorized to
cooperate and advise on:
• the recovery of land boundary marks of the public land survey system established by
the federal government's general land office and its successor the bureau of land
management, or other land boundary marks;
• the establishment of a statewide program for the preservation, monumentation, and
documentation of accepted public land survey system corners, roadway alignment,
survey control, and other boundary and reference marks—the monumentation must
be adequately connected to the national spatial reference system as established by the
national geodetic survey and the coordinates of the monuments computed to conform
with the Washington plane coordinate system;
• facilitation and encouragement of the use of the Washington plane coordinate system;
and
• promoting use of the vertical datum as established by the national geodetic survey.
DNR may authorize the temporary removal or destruction of any land boundary mark or
monument, rather than permit the temporary removal or destruction of any section corner or
Senate Bill Report -2- SB 5224any other land boundary mark or monument. The removal, referencing, and replacement of
the land boundary mark or monument must be done by a licensed professional land
surveyor or a licensed professional engineer authorized to practice surveying either in the
county right-of-way as a county road engineer, or in the state right-of way as an employee
of the Department of Transportation.
In addition to the fee specified in the Survey Recording Act, a surcharge of $10 must be
charged by each county auditor for filing and recording each document recorded. The
surcharge does not apply to:
• assignments or substitutions of previously recorded deeds of trust,
• documents recording a birth, marriage, divorce, or death,
• any recorded documents otherwise exempted from a recording fee or additional
surcharges under state law,
• marriage licenses issued by the county auditor, or
• documents recording a state, county, or city lien or satisfaction of lien.
The fee set by the Board of Natural Resources for filing and recording surveys, subdivision
plats, short plats, and condominium surveys, plats, or maps is removed. DNR must use
moneys in the Surveys and Maps account for the purposes for which they were obtained
without appropriation by the Legislature. On a yearly basis an agency may not, except as
provided for off-road vehicle moneys, expend more than 10 percent of the funds it receives
for general administration expenses incurred by the office.
Appropriation: None.
Fiscal Note: Available.
Creates Committee/Commission/Task Force that includes Legislative members: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony: PRO: The bill will ensure DNR's Public Land
Survey Office will be able to meet its legislative mandate and mission. Private landowners,
counties, cities, municipalities, and state agencies benefit from land boundary and reference
marks being protected and preserved. Current revenue from map recording is not adequate
to fully fund the legislative mandate. This bill will create a clear path forward to protect
property rights in Washington and substantially reduce the cost of both private and public
boundary surveys. This bill will establish and fund the survey monument protection
program to award grant funds to counties, cities, and the Department of Transportation to
recover and reset monuments of the public and private property boundary infrastructure.
This fund will provide for the recovery and replacement of over 50,000 survey monuments
that have marked and maintained the foundation of our property ownership and the
public/private property boundary infrastructure since 1851. When monuments are missing,
it complicates the ability to do a survey, which leads to project delays and additional costs.
Senate Bill Report -3- SB 5224The $10 surcharge levied on land-related recorded documents is the logical source as it
directly supports the efficient and orderly purchase and sale of property. The absence of
monuments contributes greatly to uncertainty that leads to boundary disputes. Preserving
the monuments that form the fabric of our land tenure system is critical to the future of our
land management duties.
Persons Testifying: PRO: Senator Sam Hunt, Prime Sponsor; Patrick Beehler, Department
of Natural Resources; Jon Warren, Land Surveyors Association of Washington; Cliff
Webster, Architects and Engineers Legislative Council; Christopher Royak, City of Seattle;
Mike McEvilly, Sitts and Hill Engineers, Inc.; Timothy Kent, Department of Natural
Resources Advisory Board.
Persons Signed In To Testify But Not Testifying: No one.
Senate Bill Report -4- SB 5224Washington State BILL
House of Representatives
Office of Program Research ANALYSIS
Consumer Protection & Business
Committee
HB 1399
Brief Description: Reducing barriers to professional licensure for individuals with previous
criminal convictions.
Sponsors: Representatives Vick, Kirby, Jacobsen, Simmons, Dufault, Dolan and Young.
Brief Summary of Bill
• Creates a process for a person with a criminal conviction to request a
determination of whether that criminal history is disqualifying for
obtaining a professional license administered by the Department of
Licensing.
Hearing Date: 2/8/21
Staff: Serena Dolly (786-7150).
Background:
Professional Licensing.
The Department of Licensing (DOL) regulates a number of businesses and professions. For
regulated professions, the DOL issues licenses and ensures compliance with professional
standards and laws. Examples of professions regulated directly by the DOL, or in coordination
with a board or commission, include:
• architects;
• cosmetologists;
• funeral directors;
• real estate brokers; and
• security guards.
This analysis was prepared by non-partisan legislative staff for the use of legislative
members in their deliberations. This analysis is not part of the legislation nor does it
constitute a statement of legislative intent.
House Bill Analysis -1- HB 1399Requirements for a professional license, certificate, registration, or permit vary considerably. Some professions may require: • college-level coursework; • experience; • an examination; • a background check; • a surety bond, insurance, or other minimum financial standards; • minimum safety standards; • continuing education for licensees; or • duties of care for clients. Many professions have provisions for some form of reciprocity or consideration of experience from other states or military service. In addition, the DOL and other licensing authorities must expedite the issuance of a broad range of professional licenses, certificates, registrations, or permits for qualified military spouses. Certificate of Restoration of Opportunity. A person with a criminal record may be eligible to obtain a Certificate of Restoration of Opportunity (CROP) from a superior court. To be eligible, specific time periods must have passed since sentencing, supervision, or release from confinement, and an applicant must be in compliance with or have completed all sentencing requirements, including legal financial obligations. An applicant with any new arrests, convictions, or pending criminal charges or known imminent charges, or who is required to register as a sex offender, is not eligible for a CROP. In addition, an applicant is not eligible if convicted of any of the following: a class A felony, an attempt to commit a class A felony, or criminal solicitation of or criminal conspiracy to commit a class A felony; a sex offense; a crime that includes sexual motivation; extortion in the first degree; drive- by shooting; vehicular assault; or luring. When a qualified applicant holds a CROP and meets all other statutory or regulatory requirements, a licensing authority may not refuse a license, certificate of authority, or qualification to engage in the practice of any profession or business solely based on the applicant's criminal history. Certain professional licenses are not covered by a CROP, including the following professions regulated by the DOL: accountants; bail bond agents; escrow agents; private investigators; security guards; notaries public; and real estate brokers and salespersons. Summary of Bill: An individual with a criminal conviction may submit a preliminary application to the DOL, or a board or commission supported by the DOL, for a determination of whether that criminal history House Bill Analysis -2- HB 1399
will disqualify the individual from obtaining a professional license. The individual may submit the preliminary application at any time, including before obtaining any required education or paying any licensing fee. The DOL may charge a fee not to exceed $100 for each preliminary application filed. Once the preliminary application has been received, the licensing authority must make a determination of whether the individual's criminal conviction would disqualify the person from obtaining a professional license. The licensing authority may disqualify the individual if it determines the individual's criminal conviction is related to the profession. The determination must be made in writing within six months after receiving a preliminary application. An individual may appeal the determination to the licensing authority. A person may not file another preliminary application with the same licensing authority within two years after the final decision on the previous preliminary application, except when the applicant has taken action to remedy the disqualification. A criminal conviction may not disqualify an individual from obtaining a professional license in any instance where the individual has requested and received a CROP. Appropriation: None. Fiscal Note: Available. Effective Date: The bill takes effect on January 1, 2022. House Bill Analysis -3- HB 1399
Washington State BILL
House of Representatives
Office of Program Research ANALYSIS
Consumer Protection & Business
Committee
HB 1400
Brief Description: Creating alternative professional licensing standards.
Sponsors: Representatives Vick, Kirby and Dufault.
Brief Summary of Bill
• Allows the Department of Licensing to consider competency-based
standards for professional licenses.
Hearing Date: 2/8/21
Staff: Serena Dolly (786-7150).
Background:
The Department of Licensing (DOL) regulates a number of businesses and professions. For
regulated professions, the DOL issues licenses and ensures compliance with professional
standards and laws.
Examples of professions regulated directly by the DOL, or in coordination with a board or
commission, include:
• architects;
• cosmetologists;
• funeral directors;
• real estate brokers; and
• security guards.
Requirements for a professional license, certificate, registration, or permit vary considerably.
This analysis was prepared by non-partisan legislative staff for the use of legislative
members in their deliberations. This analysis is not part of the legislation nor does it
constitute a statement of legislative intent.
House Bill Analysis -1- HB 1400Some professions may require: • college-level coursework; • experience; • an examination; • some type of background check; • a surety bond, insurance, or other minimum financial standards; • minimum safety standards; • continuing education for licensees; or • duties of care for clients. Many professions have provisions for some form of reciprocity or consideration of experience from other states or military service. In addition, the DOL and other licensing authorities must expedite the issuance of a broad range of professional licenses, certificates, registrations, or permits for qualified military spouses. Summary of Bill: The DOL may issue a professional license, without regard to other requirements, to an applicant who meets all competency-based licensing requirements for that specific professional license. "Competency-based licensing requirement" is defined as a practical assessment of knowledge and skills that clearly demonstrate a person is prepared to engage in a profession regulated by the DOL. The DOL must determine the competency-based licensing requirement is at least as effective as examination-based licensing requirements at demonstrating proficiency and protecting the health and safety of the public. A competency-based licensing requirement may include, but is not limited to, any combination of training, experience, testing, or observation. When a reciprocity agreement is in place with a national organization to facilitate the licensing of out-of-state professionals, the DOL must continue to regulate the licensing in accordance with that agreement. Appropriation: None. Fiscal Note: Requested on February 1, 2021. Effective Date: The bill takes effect on January 1. 2022. House Bill Analysis -2- HB 1400
Washington State BILL
House of Representatives
Office of Program Research ANALYSIS
Consumer Protection & Business
Committee
HB 1401
Brief Description: Expediting professional licenses for new Washington residents.
Sponsors: Representatives Vick, Kirby, Dufault and Dolan.
Brief Summary of Bill
• Requires the Department of Licensing to expedite the professional
license of any person licensed and in good standing in another state.
Hearing Date: 2/8/21
Staff: Serena Dolly (786-7150).
Background:
The Department of Licensing (DOL) regulates a number of businesses and professions. For
regulated professions, the DOL issues licenses and ensures compliance with professional
standards and laws.
Examples of professions regulated directly by the DOL, or in coordination with a board or
commission, include:
• architects;
• cosmetologists;
• funeral directors;
• real estate brokers; and
• security guards.
Requirements for a professional license, certificate, registration, or permit vary considerably.
This analysis was prepared by non-partisan legislative staff for the use of legislative
members in their deliberations. This analysis is not part of the legislation nor does it
constitute a statement of legislative intent.
House Bill Analysis -1- HB 1401Some professions may require:
• college-level coursework;
• experience;
• an examination;
• some type of background check;
• a surety bond, insurance, or other minimum financial standards;
• minimum safety standards;
• continuing education for licensees; or
• duties of care for clients.
Many professions have provisions for some form of reciprocity or consideration of experience
from other states or military service. In addition, the DOL and other licensing authorities must
expedite the issuance of a broad range of professional licenses, certificates, registrations, or
permits for qualified military spouses.
Summary of Bill:
The DOL must establish procedures to expedite the issuance of a license, certificate, or permit to
perform professional services (professional license) to a person who is certified or licensed to
perform professional services in another state. The procedures must include a process for issuing
the person a professional license, if the DOL determines the requirements for professional
licensure are substantially equivalent to the requirements of this state.
The DOL must adopt rules authorizing a qualified person to perform the regulated services by
issuing the person a temporary professional license unless the DOL finds that the requirements
for licensure in the other state are substantially unequal to the standards of this state. A
temporary professional license allows a qualified person to perform the regulated services while
completing any specific requirements required in this state that were not required in the other
state or states.
An applicant must state in the application that the applicant:
• has requested verification of the professional license from the other state or states; and
• is not the subject of a pending investigation, charges, or disciplinary action by the
regulatory body of the other state or states.
If the DOL has reasonable cause to believe that an applicant made a false assertion concerning
one of the required application statements, the DOL may suspend the professional license
pending an investigation or further disciplinary action or revocation.
Any license in which an agreement exists with a national organization to facilitate reciprocal
licensing of an individual licensed in another state is excluded from the expedited licensing
requirements.
Appropriation: None.
House Bill Analysis -2- HB 1401Fiscal Note: Requested on February 1, 2021. Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed. House Bill Analysis -3- HB 1401
Washington State BILL
House of Representatives
Office of Program Research ANALYSIS
Consumer Protection & Business
Committee
HB 1402
Brief Description: Establishing review standards for professional licensing regulation.
Sponsors: Representatives Vick, Kirby, Jacobsen and Dufault.
Brief Summary of Bill
• Requires any professional license created after January 1, 2022, to be for
the exclusive purpose of protecting the public interest.
• Establishes evaluation criteria to be used in determining whether and
how the state should regulate an unlicensed profession.
Hearing Date: 2/8/21
Staff: Serena Dolly (786-7150).
Background:
The Department of Licensing (DOL) regulates a number of businesses and professions. For
regulated professions, the DOL issues licenses and ensures compliance with professional
standards and laws. Examples of professions regulated directly by the DOL, or in coordination
with a board or commission, include:
• architects;
• cosmetologists;
• funeral directors;
• real estate brokers; and
• security guards.
This analysis was prepared by non-partisan legislative staff for the use of legislative
members in their deliberations. This analysis is not part of the legislation nor does it
constitute a statement of legislative intent.
House Bill Analysis -1- HB 1402Requirements for a professional license, certificate, registration, or permit vary considerably.
Some professions may require:
• college-level coursework;
• experience;
• an examination;
• some type of background check;
• a surety bond, insurance, or other minimum financial standards;
• minimum safety standards;
• continuing education for licensees; or
• duties of care for clients.
Many professions have provisions for some form of reciprocity or consideration of experience
from other states or military service. In addition, the DOL and other licensing authorities must
expedite the issuance of a broad range of professional licenses, certificates, registrations, or
permits for qualified military spouses.
Summary of Bill:
After January 1, 2022, the state may not impose regulations on an unlicensed profession except
for the exclusive purpose of protecting the public interest. Bills introduced to regulate or
implement a new professional license for the first time should be enacted by the state only when:
• unregulated practice can clearly harm or endanger the health, safety, or welfare of the
public and the potential for the harm is easily recognizable and not remote or dependent
upon tenuous argument;
• the public needs can reasonably be expected to benefit from an assurance of initial and
continuing professional ability; and
• the public cannot be effectively protected by other means in a more cost-beneficial
manner.
The Legislature must evaluate regulation of new professional licenses using this criteria and
consider governmental and societal costs and benefits. If the Legislature finds that it is necessary
to regulate an occupation by implementing a professional license requirement not previously
required by law, the least restrictive alternative method of regulation should be implemented as
follows:
• Where existing common law and statutory civil actions and criminal prohibitions are not
sufficient to eradicate existing harm, the regulation should provide for stricter civil actions
and criminal prosecutions.
• Where a service is being performed for individuals involving a hazard to the public health,
safety, or welfare, the regulation should impose inspection requirements and enable an
appropriate state agency to enforce violations by injunctive relief in court including, but
not limited to, regulation of the business activity providing the service rather than the
employees of the business.
• Where the threat to the public health, safety, or economic well-being is relatively small as
a result of the operation of the profession, the regulation should implement a system of
House Bill Analysis -2- HB 1402registration.
• Where the consumer may have a substantial basis for relying on the services of a
practitioner, the regulation should implement a system of certification.
• Where apparent that adequate regulation cannot be achieved by means other than
licensing, the regulation should implement a system of licensing.
"Public interest" is defined as protection from a present and recognizable harm to public health,
safety, or welfare. The term does not include speculative threats, or other nondemonstrable
menaces to public health, safety, or welfare. The term "welfare" includes the financial health of
the public when the absence of governmental regulation unreasonably increases risk and liability
to broad classes of consumers.
Appropriation: None.
Fiscal Note: Requested on February 1, 2021.
Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is
passed.
House Bill Analysis -3- HB 1402You can also read
