HB 3381 -
By Representative Kessler
ADOPTED AS AMENDED 03/10/2008
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 To protect taxpayers, many state programs
require the costs of licensing, registration, certification, and
related government services to be borne by the profession or industry
that uses the services, rather than by the taxpaying public as a whole.
State standards that govern the professional duties of these industries
are intended to protect the general public by safeguarding health,
safety, employees, and consumers. The legislative approval of the
fees and fee increases in this act is intended to ensure that the
general public is not assessed these costs while also providing
adequate funding to statutory programs that safeguard and improve
Washington's health, safety, employees, and consumers.
Sec. 2 RCW 39.12.070 and 2006 c 230 s 1 are each amended to read
as follows:
The department shall set the fees permitted by this section at a
level that generates revenue that is as near as practicable to the
amount of the appropriation to administer this chapter, including, but
not limited to, the performance of adequate wage surveys, and to
investigate and enforce all alleged violations of this chapter,
including, but not limited to, incorrect statements of intent to pay
prevailing wage, incorrect certificates of affidavits of wages paid,
and wage claims, as provided for in this chapter and chapters 49.48 and
49.52 RCW. However, the fees charged for the approval of statements of
intent to pay prevailing wages and the certification of affidavits of
wages paid shall be ((no greater than twenty-five)) forty dollars.
NEW SECTION. Sec. 3 Section 2 of this act takes effect July 1,
2008.
Sec. 4 RCW 43.22.434 and 2005 c 274 s 296 are each amended to
read as follows:
(2) For purposes of enforcement of this chapter, persons duly
designated by the director upon presenting appropriate credentials to
the owner, operator, or agent in charge may:
(a) At reasonable times and without advance notice enter any
factory, warehouse, or establishment in which manufactured and mobile
homes, commercial coaches, conversion vending units, medical units,
recreational vehicles, park trailers, factory built housing, and
factory built commercial structures are manufactured, stored, or held
for sale;
(b) At reasonable times, within reasonable limits, and in a
reasonable manner inspect any factory, warehouse, or establishment as
required to comply with the standards adopted by the secretary of
housing and urban development under the national manufactured home
construction and safety standards act of 1974. Each inspection shall
be commenced and completed with reasonable promptness; and
(c) As requested by an owner of a conversion vending unit or
medical unit, inspect an alteration.
(3) For purposes of determining compliance with this chapter's
permitting requirements for alterations of mobile and manufactured
homes, the department may audit the records of a contractor as defined
in chapter 18.27 RCW or RCW 18.106.020(1) or an electrical contractor
as defined in RCW 19.28.006 when the department has reason to believe
that a violation of the permitting requirements has occurred. The
department shall adopt rules implementing the auditing procedures.
Information obtained from a contractor through an audit authorized by
this subsection is confidential and not open to public inspection under
chapter 42.56 RCW.
(4)(((a))) The department shall set a schedule of fees by rule
which will cover the costs incurred by the department in the
administration of RCW 43.22.335 through 43.22.490, and is hereby
authorized to do so pursuant to RCW 43.135.055. The department may
waive mobile/manufactured home alteration permit fees for indigent
permit applicants.
(((b)(i) Until April 1, 2009, subject to (a) of this subsection,
the department may adopt by rule a temporary statewide fee schedule
that decreases fees for mobile/manufactured home alteration permits and
increases fees for factory-built housing and commercial structures plan
review and inspection services.))
(ii) Effective April 1, 2009, the department must adopt a new fee
schedule that is the same as the fee schedule that was in effect
immediately prior to the temporary fee schedule authorized in (b)(i) of
this subsection. However, the new fee schedule must be adjusted by the
fiscal growth factors not applied during the period that the temporary
fee schedule was in effect.
Sec. 5 RCW 70.74.137 and 1988 c 198 s 12 are each amended to read
as follows:
DEPARTMENT OF LABOR AND INDUSTRIES--EXPLOSIVES. Every person
applying for a purchaser's license, or renewal thereof, shall pay an
annual license fee of ((five)) twenty-five dollars. The director of
labor and industries may adjust the amount of the license fee to
reflect the administrative costs of the department. The fee shall not
exceed ((fifteen)) one hundred dollars.
Said license fee shall accompany the application and shall be
transmitted by the department to the state treasurer: PROVIDED, That
if the applicant is denied a purchaser's license the license fee shall
be returned to said applicant by registered mail.
Sec. 6 RCW 70.74.140 and 1988 c 198 s 13 are each amended to read
as follows:
DEPARTMENT OF LABOR AND INDUSTRIES--EXPLOSIVES. Every person
engaging in the business of keeping or storing of explosives shall pay
an annual license fee for each magazine maintained, to be graduated by
the department of labor and industries according to the quantity kept
or stored therein, of ((ten)) fifty dollars. The director of labor and
industries may adjust the amount of the license fee to reflect the
administrative costs of the department. The fee shall not exceed
((one)) four hundred dollars.
Said license fee shall accompany the application and shall be
transmitted by the department to the state treasurer.
Sec. 7 RCW 70.74.142 and 1988 c 198 s 14 are each amended to read
as follows:
DEPARTMENT OF LABOR AND INDUSTRIES--EXPLOSIVES. Every person
applying for a user's license, or renewal thereof, under this chapter
shall pay an annual license fee of ((five)) fifty dollars. The
director of labor and industries may adjust the amount of the license
fee to reflect the administrative costs of the department. The fee
shall not exceed ((fifteen)) two hundred dollars.
Said license fee shall accompany the application, and be ((turned
over)) transmitted by the department to the state treasurer: PROVIDED,
That if the applicant is denied a user's license the license fee shall
be returned to said applicant by registered mail.
Sec. 8 RCW 70.74.144 and 1988 c 198 s 15 are each amended to read
as follows:
DEPARTMENT OF LABOR AND INDUSTRIES--EXPLOSIVES. Every person
engaged in the business of manufacturing explosives shall pay an annual
license fee of ((twenty-five)) fifty dollars. The director of labor
and industries may adjust the amount of the license fee to reflect the
administrative costs of the department. The fee shall not exceed
((fifty)) two hundred dollars.
Businesses licensed to manufacture explosives are not required to
have a dealer's license, but must comply with all of the dealer
requirements of this chapter when they sell explosives.
The license fee shall accompany the application and shall be
transmitted by the department to the state treasurer.
Sec. 9 RCW 70.74.146 and 1988 c 198 s 16 are each amended to read
as follows:
DEPARTMENT OF LABOR AND INDUSTRIES--EXPLOSIVES. Every person
engaged in the business of selling explosives shall pay an annual
license fee of ((twenty-five)) fifty dollars. The director of labor
and industries may adjust the amount of the license fee to reflect the
administrative costs of the department. The fee shall not exceed
((fifty)) two hundred dollars.
Businesses licensed to sell explosives must comply with all of the
dealer requirements of this chapter.
The license fee shall accompany the application and shall be
transmitted by the department to the state treasurer.
Sec. 10 RCW 70.74.360 and 1988 c 198 s 3 are each amended to read
as follows:
DEPARTMENT OF LABOR AND INDUSTRIES--EXPLOSIVES. (1) The director
of labor and industries shall require, as a condition precedent to the
original issuance or renewal of any explosive license, fingerprinting
and criminal history record information checks of every applicant. In
the case of a corporation, fingerprinting and criminal history record
information checks shall be required for the management officials
directly responsible for the operations where explosives are used if
such persons have not previously had their fingerprints recorded with
the department of labor and industries. In the case of a partnership,
fingerprinting and criminal history record information checks shall be
required of all general partners. Such fingerprints as are required by
the department of labor and industries shall be submitted on forms
provided by the department to the identification section of the
Washington state patrol and to the identification division of the
federal bureau of investigation in order that these agencies may search
their records for prior convictions of the individuals fingerprinted.
The Washington state patrol shall provide to the director of labor and
industries such criminal record information as the director may
request. The applicant shall give full cooperation to the department
of labor and industries and shall assist the department of labor and
industries in all aspects of the fingerprinting and criminal history
record information check. The applicant ((may)) shall be required to
pay ((a)) the current federal and state fee ((not to exceed twenty
dollars to the agency that performs the fingerprinting and criminal
history process)) for fingerprint-based criminal history background
checks.
(2) The director of labor and industries shall not issue a license
to manufacture, purchase, store, use, or deal with explosives to:
(a) Any person under twenty-one years of age;
(b) Any person whose license is suspended or whose license has been
revoked, except as provided in RCW 70.74.370;
(c) Any person who has been convicted in this state or elsewhere of
a violent offense as defined in RCW 9.94A.030, perjury, false swearing,
or bomb threats or a crime involving a schedule I or II controlled
substance, or any other drug or alcohol related offense, unless such
other drug or alcohol related offense does not reflect a drug or
alcohol dependency. However, the director of labor and industries may
issue a license if the person suffering a drug or alcohol related
dependency is participating in or has completed an alcohol or drug
recovery program acceptable to the department of labor and industries
and has established control of their alcohol or drug dependency. The
director of labor and industries shall require the applicant to provide
proof of such participation and control; or
(d) Any person who has previously been adjudged to be mentally ill
or insane, or to be incompetent due to any mental disability or disease
and who has not at the time of application been restored to competency.
(3) The director of labor and industries may establish reasonable
licensing fees for the manufacture, dealing, purchase, use, and storage
of explosives.
NEW SECTION. Sec. 11 A new section is added to chapter 70.74 RCW
to read as follows:
DEPARTMENT OF LABOR AND INDUSTRIES--EXPLOSIVES. All funds
collected by the department under RCW 70.74.137 through 70.74.146 and
70.74.360 shall be transferred to the state treasurer for deposit into
the accident and medical aid funds under RCW 51.44.010 and 51.44.020.
NEW SECTION. Sec. 12 A new section is added to chapter 18.130
RCW to read as follows:
NEW SECTION. Sec. 13 A new section is added to chapter 18.130
RCW to read as follows:
NEW SECTION. Sec. 14 A new section is added to chapter 18.84 RCW
to read as follows:
Sec. 15 RCW 15.58.070 and 2002 c 274 s 3 are each amended to read
as follows:
(2) An application for registration ((shall)) must be accompanied
by a fee of ((two)) three hundred ninety dollars for each pesticide,
except that a registrant who is applying to register an additional
pesticide during the year the registrant's registration expires shall
pay a fee of one hundred ((forty-five)) ninety-five dollars for each
additional pesticide.
(3) Fees ((shall)) must be deposited in the agricultural local fund
to support the activities of the pesticide program within the
department.
(4) Any registration approved by the director and in effect on the
last day of the registration period, for which a renewal application
has been made and the proper fee paid, continues in full force and
effect until the director notifies the applicant that the registration
has been renewed, or otherwise denied in accord with the provision of
RCW 15.58.110.
Sec. 16 RCW 15.58.180 and 1997 c 242 s 4 are each amended to read
as follows:shall)) expires on the
master license expiration date. A license is required for each
location or outlet located within this state from which pesticides are
distributed. A manufacturer, registrant, or distributor who has no
pesticide dealer outlet licensed within this state and who distributes
((such)) pesticides directly into this state ((shall)) must obtain a
pesticide dealer license for his or her principal out-of-state location
or outlet, but such a licensed out-of-state pesticide dealer is exempt
from the pesticide dealer manager requirements.
(2) Application for a license ((shall)) must be accompanied by a
fee of ((fifty)) sixty-seven dollars and ((shall)) must be made through
the master license system and ((shall)) must include the full name of
the person applying for the license and the name of the individual
within the state designated as the pesticide dealer manager. If the
applicant is a partnership, association, corporation, or organized
group of persons, the full name of each member of the firm or
partnership or the names of the officers of the association or
corporation ((shall)) must be given on the application. The
application ((shall further)) must state the principal business address
of the applicant in the state and elsewhere, the name of a person
domiciled in this state authorized to receive and accept service of
summons of legal notices of all kinds for the applicant, and any other
necessary information prescribed by the director.
(3) It is unlawful for any licensed dealer outlet to operate
without a pesticide dealer manager who has a license of qualification.
((The department shall be notified forthwith of any change in the
pesticide dealer manager designee during the licensing period.))
(4) This section does not apply to (a) a licensed pesticide
applicator who sells pesticides only as an integral part of the
applicator's pesticide application service when ((such)) pesticides are
dispensed only through apparatuses used for ((such)) pesticide
application, or (b) any federal, state, county, or municipal agency
that provides pesticides only for its own programs.
(5) A user of a pesticide may distribute a properly labeled
pesticide to another user who is legally entitled to use that pesticide
without obtaining a pesticide dealer's license if the exclusive purpose
of distributing the pesticide is keeping it from becoming a hazardous
waste as defined in chapter 70.105 RCW.
Sec. 17 RCW 15.58.200 and 1997 c 242 s 5 are each amended to read
as follows:shall)) must be accompanied by a fee of ((twenty-five)) thirty-three
dollars. The pesticide dealer manager license ((shall be an annual
license expiring)) expires annually on a date set by rule by the
director.
Sec. 18 RCW 15.58.205 and 2003 c 212 s 5 are each amended to read
as follows:
(1) ((Except as provided in subsection (2) of this section,)) No
individual may perform services as a structural pest inspector or
advertise that they perform services of a structural pest inspector
without obtaining a structural pest inspector license from the
director. The license expires annually on a date set by rule by the
director. Application for a license must be on a form prescribed by
the director and must be accompanied by a fee of ((forty-five)) sixty
dollars.
(2) The following are exempt from the application fee requirement
((of subsection (1))) of this section when acting within the
authorities of their existing licenses issued under this chapter
((15.58)) or chapter 17.21 RCW: Licensed pest control consultants;
licensed commercial pesticide applicators and operators; licensed
private-commercial applicators; and licensed demonstration and research
applicators.
(3) The following are exempt from the structural pest inspector
licensing requirement: Individuals inspecting for damage caused by
wood destroying organisms if the inspections are solely for the purpose
of: (a) Repairing or making specific recommendations for the repair of
the damage, or (b) assessing a monetary value for the structure
inspected. Individuals performing wood destroying organism inspections
that incorporate but are not limited to the activities described in (a)
or (b) of this subsection are not exempt from the structural pest
inspector licensing requirement.
(4) ((Persons holding a valid license to act as a structural pest
inspector on July 1, 2003, are exempt from this requirement until
expiration of that license.)) A structural pest inspector license is not valid for
conducting a complete wood destroying organism inspection unless the
inspector owns or is employed by a business with a structural pest
inspection company license.
(5)
Sec. 19 RCW 15.58.210 and 2003 c 212 s 4 are each amended to read
as follows:Except as
provided in subsection (2) of this section,)) No individual may perform
services as a pest control consultant without obtaining a license from
the director. The license ((shall)) expires annually on a date set by
rule by the director. Application for a license ((shall)) must be on
a form prescribed by the director and ((shall)) must be accompanied by
a fee of ((forty-five)) sixty dollars.
(2) The following are exempt from the licensing requirements of
((subsection (1) of)) this section when acting within the authorities
of their existing licenses issued under chapter 17.21 RCW: Licensed
commercial pesticide applicators and operators; licensed private-commercial applicators; and licensed demonstration and research
applicators. The following are also exempt from the licensing
requirements of ((subsection (1) of)) this section: Employees of
federal, state, county, or municipal agencies when acting in their
official governmental capacities; and pesticide dealer managers and
employees working under the direct supervision of the pesticide dealer
manager and only at a licensed pesticide dealer's outlet.
Sec. 20 RCW 15.58.220 and 1997 c 242 s 7 are each amended to read
as follows:as defined in RCW 15.58.030(28))). No person ((shall))
may act as a public pest control consultant without first obtaining a
license from the director. The license ((shall)) expires annually on
a date set by rule by the director. Application for a license
((shall)) must be on a form prescribed by the director and ((shall))
must be accompanied by a fee of ((twenty-five)) thirty-three dollars.
Federal and state employees whose principal responsibilities are in
pesticide research, the jurisdictional health officer or a duly
authorized representative, public pest control consultants licensed and
working in the health vector field, and public operators licensed under
RCW 17.21.220 shall be exempt from this licensing provision.
Sec. 21 RCW 17.21.070 and 1997 c 242 s 11 are each amended to
read as follows:shall be)) is
unlawful for any person to engage in the business of applying
pesticides to the land of another without a commercial pesticide
applicator license. Application for a commercial applicator license
((shall)) must be accompanied by a fee of ((one hundred seventy)) two
hundred fifteen dollars and in addition a fee of twenty-seven dollars
for each apparatus, exclusive of one, used by the applicant in the
application of pesticides((: PROVIDED, That the provisions of this
section shall not apply to any person employed only to operate any
apparatus used for the application of any pesticide, and in which such
person has no financial interest or other control over such apparatus
other than its day to day mechanical operation for the purpose of
applying any pesticide)).
Sec. 22 RCW 17.21.110 and 1997 c 242 s 12 are each amended to
read as follows:shall be)) is
unlawful for any person to act as an employee of a commercial pesticide
applicator and apply pesticides manually or as the operator directly in
charge of any apparatus which is licensed or should be licensed under
((the provisions of)) this chapter for the application of any
pesticide, without having obtained a commercial pesticide operator
license from the director. The commercial pesticide operator license
((shall be)) is in addition to any other license or permit required by
law for the operation or use of any such apparatus. Application for a
commercial operator license ((shall)) must be accompanied by a fee of
((fifty)) sixty-seven dollars. ((The provisions of)) This section
((shall)) does not apply to any individual who is a licensed commercial
pesticide applicator.
Sec. 23 RCW 17.21.122 and 1997 c 242 s 13 are each amended to
read as follows:shall be)) is
unlawful for any person to act as a private-commercial pesticide
applicator without having obtained a private-commercial pesticide
applicator license from the director. Application for a private-commercial pesticide applicator license ((shall)) must be accompanied
by a fee of ((twenty-five)) thirty-three dollars.
Sec. 24 RCW 17.21.126 and 2004 c 100 s 2 are each amended to read
as follows:
(1) Certification standards to determine the individual's
competency with respect to the use and handling of the pesticide or
class of pesticides for which the private applicator, limited private
applicator, or rancher private applicator is certified ((shall)) must
be relative to hazards of the particular type of application, class of
pesticides, or handling procedure. In determining these standards the
director ((shall)) must take into consideration standards of the EPA
and is authorized to adopt these standards by rule.
(2) Application for a private applicator or a limited private
applicator license((, or the renewal of such licenses under RCW
17.21.132(4), shall)) must be accompanied by a fee of ((twenty-five))
thirty-three dollars. Application for a rancher private applicator
license((, or renewal of such license under RCW 17.21.132(4), shall))
must be accompanied by a fee of ((seventy-five)) one hundred dollars.
Individuals with a valid certified applicator license, pest control
consultant license, or dealer manager license who qualify in the
appropriate statewide or agricultural license categories are exempt
from the private applicator, limited private applicator, or rancher
private applicator fee requirements. However, licensed public
pesticide operators, otherwise exempted from the public pesticide
operator license fee requirement, are not also exempted from the fee
requirements under this subsection.
Sec. 25 RCW 17.21.129 and 1997 c 242 s 15 are each amended to
read as follows:
(1) Application for a demonstration and research license ((shall))
must be accompanied by a fee of ((twenty-five)) thirty three dollars.
(2) Persons licensed ((in accordance with)) under this section are
exempt from the requirements of RCW 17.21.160, 17.21.170, and
17.21.180.
Sec. 26 RCW 17.21.220 and 1997 c 242 s 17 are each amended to
read as follows:agency shall be)) agencies are subject to ((the provisions of)) this
chapter and its rules ((adopted thereunder concerning the application
of pesticides)).
(2) It ((shall be)) is unlawful for any employee of a state agency,
municipal corporation, public utility, or any other government agency
to use or to supervise the use of any restricted use pesticide, or any
pesticide by means of an apparatus, without having obtained a public
operator license from the director. Application for a public operator
license ((shall)) must be accompanied by a fee of ((twenty-five))
thirty-three dollars. The fee ((shall)) does not apply to public
operators licensed and working in the health vector field. The public
operator license ((shall be)) is valid only when the operator is acting
as an employee of a government agency.
(3) The jurisdictional health officer or his or her duly authorized
representative is exempt from this licensing provision when applying
pesticides that are not restricted use pesticides to control pests
other than weeds.
(4) ((Such)) Agencies, municipal corporations, and public utilities
((shall be)) are subject to legal recourse by any person damaged by
such application of any pesticide, and ((such)) action may be brought
in the county where the damage or some part ((thereof)) of the damage
occurred.
NEW SECTION. Sec. 27
NEW SECTION. Sec. 28 A new section is added to chapter 16.36 RCW
to read as follows:
(a) The establishment and inspection of animal holding facilities
authorized under this chapter;
(b) The inspection and monitoring of animals in authorized animal
holding facilities; and
(c) Special inspections of animals or animal facilities that the
director may provide at the request of the animal owner or interested
persons.
(2) The fees shall, as closely as practicable, cover the cost of
the service provided.
(3) All fees collected under this section shall be deposited in an
account in the agricultural local fund and used to carry out the
purposes of this chapter.
NEW SECTION. Sec. 29 A new section is added to chapter 18.185
RCW to read as follows:
NEW SECTION. Sec. 30
(1) Credit union hourly fee for examination, investigation, and
processing applications, by not more than 5.57% (FY 2009);
(2) Credit union quarterly asset assessment, by not more than 5.57%
(FY 2009);
(3) Loan originator license amendment fee, to add a mortgage broker
relationship, by not more than $50 (FY 2008);
(4) Mortgage broker license amendment fee, change of designated
broker, by not more than $25 (FY 2008);
(5) Mortgage broker license application fee, main office location,
by not more than $1 (FY 2008);
(6) Banks exam hourly fees, by not more than 5.53% (FY 2008);
(7) Banks semi-annual assessment, by not more than 5.53% (FY 2008);
(8) Banks semi-annual assessment, interstate assets, by not more
than $183,321 (FY 2008).
NEW SECTION. Sec. 31 Captions used in this act are not any part
of the law.
NEW SECTION. Sec. 32 Except for sections 2 and 15 through 26 of
this act, 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 immediately."
Correct the title.
EFFECT: (1) Authorizes certain fee increases and new fees.
(2) Increases from $25 to $40 the cap on the fees charged by the
Department for approving statements of intent to pay prevailing wages
and certification of affidavits of wages.
(3) Changes the Department of Labor and Industries' authority to
adopt fees in the factory assembled structures program and removes
expiration date on current fee schedule.
(4) Increases the statutory minimum and maximum fees that may be
charged by the Department of Labor and Industries in the explosives
program.
(5) Authorizes the Department of Health to increase fees to
implement 4SHB 1103 (health professions), including a new fee for
background checks.
(6) Authorizes the Department of Health to charge fees in the
radiology assistants program established by SHB 6439.
(7) Increases statutory fees charged by the Department of
Agriculture for pesticide licensing and registration.
(8) Authorizes the Department of Agriculture to charge fees for
inspection and monitoring activities in the animal health program.
(9) Authorizes the Department of Licensing to increase license fees
in the bail bond program to implement ESSB 6437 (new requirements for
bail bond recovery agents).
(10) Authorizes the Department of Financial Institutions to
increase certain fees in the credit union, banks, mortgage brokers, and
loan originators programs as specified.