Preproposal statement of inquiry was filed as WSR 06-17-060.
Title of Rule and Other Identifying Information: Uniform Commercial Code, WAC 308-390-105 Fees.
Hearing Location(s): Department of Licensing, Room 209, 405 Black Lake Boulevard, Olympia, WA 98502, on November 8, 2007, at 3:00 p.m.
Date of Intended Adoption: November 9, 2007.
Submit Written Comments to: Margaret Vogeli, P.O. Box 9660, Olympia, WA 98507-9660, e-mail UCC@DOL.WA.GOV, fax (360) 586-4414, by November 6, 2007.
Assistance for Persons with Disabilities: Contact Margaret Vogeli by November 1, 2007, TTY (360) 664-8885.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amend fee rule to:
|•||Provide free online searching of UCC data.|
|•||Reduce fees for search results mailed from the UCC office.|
|•||Reduce fees for online filing of UCC financing statements and liens.|
|•||Increase fees for paper filing of UCC financing statements and liens.|
Reasons Supporting Proposal: Fees were last changed in 2001. The minimal paper filing fee increase of $1.72 is offset by a reduction in all other fees. The proposed fees are all below the national mean of $20.00.
Statutory Authority for Adoption: Chapters 62A.9A, 60.11, 60.13, 60.68 RCW, RCW 43.24.086.
Statute Being Implemented: RCW 62A.9A-525.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: If adopted, fee changes will be effective January 1, 2008.
Name of Proponent: Department of licensing, governmental.
Name of Agency Personnel Responsible for Drafting: Margaret Vogeli, 405 Black Lake Boulevard, Olympia, WA, (360) 664-1530; Implementation and Enforcement: Nancy Skewis, 405 Black Lake Boulevard, Olympia, WA, (360) 664-1446.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Fee rules are exempt under RCW 34.05.310 (4)(f).
A cost-benefit analysis is not required under RCW 34.05.328. Fee schedules are excluded under RCW 34.05.328 (5)[(b)](vi).
October 1, 2007
AMENDATORY SECTION(Amending WSR 04-15-100, filed 7/19/04, effective 8/19/04)
WAC 308-390-105 Fees. (1) The fee for filing and indexing a UCC ((
document)) record of one or two pages
communicated on paper (( or in a paper-based format is $13.28))
is $15.00. If there are additional pages, the fee is $1.00
for each additional page. (( But)) The fee for filing and
indexing a UCC (( document)) record communicated by a medium
authorized by these rules which is other than on paper (( or in
a paper-based format shall be $10.00)) is $8.00.
For an initial financing statement that indicates
that it is filed in connection with a public-finance
transaction or in connection with a manufactured-home
transaction will be filed at the fee provided in subsection
(1) of this section.
(3))) UCC search fee. The fee for processing a UCC
search request communicated on paper ((
or in a paper-based
format is $18.80)) is $10.00. The fee for (( filing and
indexing)) processing a UCC search request communicated by a
medium authorized by these rules which is other than on paper
(( or in a paper-based format shall be $15.00)) is $0.00.
(4))) (3) UCC search(( -- )) with copies. The fee for a
UCC search and copies of all relevant (( documents)) records is
(( $26.57)) $15.00.
[Statutory Authority: RCW 62A.9A-526, chapters 60.11, 60.13, 60.68 RCW. 04-15-100, § 308-390-105, filed 7/19/04, effective 8/19/04. Statutory Authority: Chapters 62A.9, 60.11, 60.13, 60.68, and 62A.9A RCW. 01-10-056, § 308-390-105, filed 4/27/01, effective 7/1/01.]