WSR 08-09-033

EXPEDITED RULES

DEPARTMENT OF LICENSING


[ Filed April 9, 2008, 10:09 a.m. ]

Title of Rule and Other Identifying Information: WAC 308-390-105 Fees.

NOTICE

THIS RULE IS BEING PROPOSED UNDER AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS USE OF THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Margaret Vogeli, DOL/UCC, P.O. Box 9660, Olympia, WA 98507-9660 , AND RECEIVED BY June 24, 2008.


Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To add 2008 legislated surcharge to filing fees.

Reasons Supporting Proposal: In an effort to combat financial fraud and identify theft, the 2008 legislature added a surcharge to the current fee for each record filed with the Uniform Commercial Code program. Beginning June 12, 2008, a surcharge of $3 is being added to each electronic filing, and a surcharge of $8 is being added to each paper filing. These surcharges will fund the new financial fraud and identity theft crimes investigation and prosecution program that will be run by the department of community, trade, and economic development.

Statutory Authority for Adoption: Chapters 62A.9A, 60.11, 60.13, 60.68 RCW.

Statute Being Implemented: RCW 62A.9A-525 (f)(2).

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of licensing, governmental.

Name of Agency Personnel Responsible for Drafting: Margaret Vogeli, 405 Black Lake Boulevard, Olympia, WA 98502, (360) 664-1530; Implementation: Reddy Adamala, 405 Black Lake Boulevard, Olympia, WA 98502; and Enforcement: Nancy Skewis, 405 Black Lake Boulevard, Olympia, WA 98502, (360) 664-1446.

April 3, 2008

Nancy Skewis

Administrator

OTS-1443.1


AMENDATORY SECTION(Amending WSR 07-23-030, filed 11/9/07, effective 2/11/08)

WAC 308-390-105   Fees.   (1) The fee for filing and indexing a UCC record ((of one or two pages communicated on paper is $15.00. If there are additional pages, the fee is $1.00 for each additional page. The fee for filing and indexing a UCC record communicated by a medium authorized by these rules which is other than on paper is $8.00.)) is:


FILINGS DELIVERY MODE FEE INCLUDING SURCHARGE
Financing Statement electronic $11.00
Financing Statement Amendment electronic $11.00
Correction Statement electronic $11.00
UCC1 Financing Statement (1 or 2 pages) mail $23.00
UCC3 Financing Statement Amendment (1 or 2 pages) mail $23.00
UCC5 Correction Statement (1 or 2 pages) mail $23.00
Attachment (third and subsequent pages) mail $1.00 each page

(2) UCC search fee. The fee for processing a UCC search request ((communicated on paper is $10.00. The fee for processing a UCC search request communicated by a medium authorized by these rules which is other than on paper is $0.00.

(3) UCC search with copies. The fee for a UCC search and copies of all relevant records is $15.00.)) is:


SEARCHES DELIVERY MODE FEE
Search by debtor name electronic No charge
Search by file number electronic No charge
Debtor name search with copies electronic $15.00
Search held to reflect the filing electronic $10.00/debtor name
UCC11 Search response mail $10.00
UCC11 Search response with copies mail $15.00
Search held to reflect the filing (UCC1 box 7) mail $10.00/debtor name

[Statutory Authority: RCW 62A.9A-526, chapters 60.11, 60.13, 60.68 RCW, RCW 43.24.086. 07-23-030, 308-390-105, filed 11/9/07, effective 2/11/08. 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.]

Washington State Code Reviser's Office