AN ACT Relating to fees to implement programs that protect and improve Washington's health, safety, education, employees, and consumers; amending RCW 39.12.070, 43.22.434, 70.74.137, 70.74.140, 70.74.142, 70.74.144, 70.74.146, 70.74.360, 15.58.070, 15.58.180, 15.58.200, 15.58.205, 15.58.210, 15.58.220, 17.21.070, 17.21.110, 17.21.122, 17.21.126, 17.21.129, and 17.21.220; adding a new section to chapter 70.74 RCW; adding new sections to chapter 18.130 RCW; adding a new section to chapter 18.84 RCW; adding a new section to chapter 16.36 RCW; adding a new section to chapter 18.185 RCW; creating new sections; providing effective dates; and declaring an emergency.

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

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:
     DEPARTMENT OF LABOR AND INDUSTRIES--PREVAILING WAGE--CERTIFICATION OF AFFIDAVITS. The department of labor and industries may charge fees to awarding agencies on public works for the approval of statements of intent to pay prevailing wages and the certification of affidavits of wages paid. The department may also charge fees to persons or organizations requesting the arbitration of disputes under RCW 39.12.060. The amount of the fees shall be established by rules adopted by the department under the procedures in the administrative procedure act, chapter 34.05 RCW. The fees shall apply to all approvals, certifications, and arbitration requests made after the effective date of the rules. All fees shall be deposited in the public works administration account. The department may refuse to arbitrate for contractors, subcontractors, persons, or organizations which have not paid the proper fees. The department may, if necessary, request the attorney general to take legal action to collect delinquent fees.
     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:
     DEPARTMENT OF LABOR AND INDUSTRIES--FACTORY ASSEMBLED STRUCTURES/MOBILE/MANUFACTURED HOMES. (1) The director or the director's authorized representative may conduct such inspections, investigations, and audits as may be necessary to adopt or enforce manufactured and mobile home, commercial coach, conversion vending units, medical units, recreational vehicle, park trailer, factory built housing, and factory built commercial structure rules adopted under the authority of this chapter or to carry out the director's duties under this chapter.
     (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 shall use fees set under this subsection only for the administration of RCW 43.22.335 through 43.22.490. 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:
     DEPARTMENT OF HEALTH--HEALTH PROFESSIONS BACKGROUND CHECKS. In accordance with RCW 43.135.055, to implement the background check activities conducted pursuant to RCW 18.130.--- (section 7 of Fourth Substitute House Bill No. 1103, health professions), the department may establish fees as necessary to recover the cost of these activities and, except as precluded by RCW 43.70.110, the department shall require applicants to submit the required fees along with other information required by the state patrol.

NEW SECTION.  Sec. 13   A new section is added to chapter 18.130 RCW to read as follows:
     DEPARTMENT OF HEALTH--HEALTH PROFESSIONS. In accordance with RCW 43.135.055, the department may annually increase application and renewal fees as necessary to recover the cost of implementing the administrative and disciplinary provisions of chapter . . ., Laws of 2008 (Fourth Substitute House Bill No. 1103)).

NEW SECTION.  Sec. 14   A new section is added to chapter 18.84 RCW to read as follows:
     DEPARTMENT OF HEALTH--RADIOLOGY ASSISTANTS. In accordance with RCW 43.135.055, the department may establish application, certification, and renewal fees as necessary to recover the cost of implementing chapter . . ., Laws of 2008 (Substitute House Bill No. 6439, radiology assistants).

Sec. 15   RCW 15.58.070 and 2002 c 274 s 3 are each amended to read as follows:
     DEPARTMENT OF AGRICULTURE--PESTICIDE FEES. (1) All registrations issued by the department expire December 31st of the following year except that registrations issued by the department to a registrant who is applying to register an additional pesticide during the second year of the registrant's registration period shall expire December 31st of that year.
     (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:
     DEPARTMENT OF AGRICULTURE--PESTICIDE FEES. (1) Except as provided in subsections (4) and (5) of this section, it is unlawful for any person to act in the capacity of a pesticide dealer or advertise as or assume to act as a pesticide dealer without first having obtained an annual license from the director. The license ((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:
     DEPARTMENT OF AGRICULTURE--PESTICIDE FEES. The director shall require each pesticide dealer manager to demonstrate to the director knowledge of pesticide laws and rules; pesticide hazards; and the safe distribution, use and application, and disposal of pesticides by satisfactorily passing a written examination after which the director shall issue a license of qualification. Application for a license ((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.
     (5))) 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.

Sec. 19   RCW 15.58.210 and 2003 c 212 s 4 are each amended to read as follows:
     DEPARTMENT OF AGRICULTURE--PESTICIDE FEES. (1) ((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:
     DEPARTMENT OF AGRICULTURE--PESTICIDE FEES. For the purpose of this section public pest control consultant means any individual who is employed by a governmental agency or unit to act as a pest control consultant ((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:
     DEPARTMENT OF AGRICULTURE--PESTICIDE FEES. It ((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:
     DEPARTMENT OF AGRICULTURE--PESTICIDE FEES. It ((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:
     DEPARTMENT OF AGRICULTURE--PESTICIDE FEES. It ((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:
     DEPARTMENT OF AGRICULTURE--PESTICIDE FEES. It is unlawful for any person to act as a private applicator, limited private applicator, or rancher private applicator without first complying with requirements determined by the director as necessary to prevent unreasonable adverse effects on the environment, including injury to the pesticide applicator or other persons, for each specific pesticide use.
     (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:
     DEPARTMENT OF AGRICULTURE--PESTICIDE FEES. Except as provided in RCW 17.21.203, it is unlawful for a person to use or supervise the use of any experimental use pesticide or any restricted use pesticide on small experimental plots for research purposes when no charge is made for the pesticide and its application without a demonstration and research applicator's license.
     (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:
     DEPARTMENT OF AGRICULTURE--PESTICIDE FEES. (1) All state agencies, municipal corporations, and public utilities or any other governmental ((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   DEPARTMENT OF AGRICULTURE--PESTICIDE FEES. Sections 15 through 26 of this act take effect January 1, 2009.

NEW SECTION.  Sec. 28   A new section is added to chapter 16.36 RCW to read as follows:
     DEPARTMENT OF AGRICULTURE--ANIMAL INSPECTION. (1) The director may adopt rules establishing fees for:
     (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:
     DEPARTMENT OF LICENSING--BAIL BOND RECOVERY AGENTS. Pursuant to RCW 43.24.086 and 43.135.055, the department may increase fees as necessary to defray the cost of administering chapter ---, Laws of 2008 (Engrossed Substitute Senate Bill No. 6347).

NEW SECTION.  Sec. 30   DEPARTMENT OF FINANCIAL INSTITUTIONS. During fiscal years 2008 and 2009, the department of financial institutions may increase fees as follows:
     (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.