Original Notice.

     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

Nancy Skewis

Administrator

OTS-1094.1

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.

     (2) ((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.]

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