WSR 10-13-071

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF

EARLY LEARNING

[ Filed June 14, 2010, 1:28 p.m. ]

Subject of Possible Rule Making: Amending WAC 170-151-070 How do I apply or reapply for a license? and 170-295-0060 What are the requirements for applying for a license to operate a child care center?

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 43.215.255, chapter 43.215 RCW, and chapter 37, Laws of 2010.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Under section 614(14), chapter 37, Laws of 2010 (ESSB 6444), the department of early learning (DEL) "is authorized to increase child care center licensure fees by fifty-two dollars for the first twelve children and an additional four dollars per additional child in fiscal year 2011 ..." DEL is amending child care center and school age center rules to implement this fee increase. RCW 43.215.255 authorizes DEL to charge fees for obtaining a child care license, and requires that the fee be in rule. DEL has filed emergency rules to make the fee increases effective July 1, 2010. The department is planning to adopt the fee increase as a regular rule.

The state legislature adopted the child care center license fee increase among several revenue generating measures to help offset a projected $2.8 billion budget shortfall in fiscal year 2011 that begins July 1, 2010, and to help offset anticipated budget shortfalls in future fiscal years. License fees collected [by] DEL are deposited to the state general fund and are not retained by the department.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: No other state or federal agencies set child care licensing fees in Washington state.

Process for Developing New Rule: To the extent practicable, DEL will solicit public input on draft rules. When a formal proposed rule is filed, DEL will hold a public hearing or hearings, and take written input on the rule before adopting the final rules.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication. To join an e-mail or postal mail list to get information or materials about this rule: E-mail Rules@del.wa.gov, phone (360) 725-4397, or write to DEL Rules Coordinator, Department of Early Learning, P.O. Box 40970, Olympia, WA 98504-0970.

June 14, 2010

Andy Fernando

Rules Coordinator

Washington State Code Reviser's Office