WSR 10-01-061

PROPOSED RULES

SECRETARY OF STATE


[ Filed December 10, 2009, 10:11 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-22-060.

Title of Rule and Other Identifying Information: Electronic Authentication Act, chapter 19.34 RCW.

Hearing Location(s): 801 Capitol Way South, Olympia, WA 98504, on January 28, 2010, at 10:00 a.m.

Date of Intended Adoption: January 29, 2010.

Submit Written Comments to: Pamela Floyd, P.O. Box 40234, Olympia, WA 98504-0234, e-mail Pam.Floyd@sos.wa.gov, fax (360) 586-4989, by January 27, 2010.

Assistance for Persons with Disabilities: Contact Sharon Baker by January 27, 2010, (360) 725-0312.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this change is to reduce the fiscal impact on certification authorities registering in Washington state in an attempt to attract.

Reasons Supporting Proposal: At this time, the state has only two certification authorities licensed to offer digital signature technology. The requirement that they register each year is expensive and time consuming. The law allows for a biennial registration and this change implements the biennial renewal process.

Statutory Authority for Adoption: RCW 19.34.101, 19.34.500.

Statute Being Implemented: RCW 19.34.100.

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

Name of Proponent: Division of corporations, office of the secretary of state, governmental.

Name of Agency Personnel Responsible for Drafting and Implementation: Pamela Floyd, 801 Capitol Way South, Olympia, WA 98504, (360) 725-0310.

No small business economic impact statement has been prepared under chapter 19.85 RCW. No additional costs are imposed on businesses, rather a savings for the businesses that are licensed under this chapter. Lengthening the renewal period will have the effect of lowering costs.

A cost-benefit analysis is not required under RCW 34.05.328. These rules are adopting by reference without material change, Washington state statutes and are not required to do a cost-benefit analysis per RCW 34.05.328 (5)(iii). The effect of this change is to implement RCW 19.34.101.

December 10, 2009

Steve Excell

Assistant Secretary of State

OTS-2788.1


AMENDATORY SECTION(Amending WSR 98-16-031, filed 7/29/98, effective 8/29/98)

WAC 434-180-130   Fees.   Fees for services performed by the secretary of state are established in the following amounts:

(1) For application for a license as a certification authority:

(a) For the applicant's first year doing business as a licensed certification authority in this state: One thousand four hundred dollars;

(b) For the applicant's second year doing business as a licensed certification authority in this state: One thousand eight hundred dollars; and

(c) For the applicant's third ((or subsequent)) year and for each subsequent biennial renewal doing business as a licensed certification authority in this state: Two thousand eight hundred dollars.

(2) For recognition as a repository, in addition to the license issuance or renewal fee paid pursuant to this section:

(a) For the applicant's first year doing business as a recognized repository in this state: One thousand four hundred dollars;

(b) For the applicant's second year doing business as a recognized repository in this state: One thousand eight hundred dollars; and

(c) For the applicant's third ((or subsequent)) year and for each subsequent biennial renewal doing business as a recognized repository in this state: Two thousand eight hundred dollars.

(3) For recognition of a foreign license: One-half of the otherwise applicable fee as set forth under subsection (1) or (2) of this section.

(4) For qualification of operative personnel:

(a) For administering and scoring the examination required by WAC 434-180-215(3), fifty dollars per individual; and

(b) For qualifying operative personnel pursuant to WAC 434-180-215 and 434-180-220, other than (or in addition to) administering and scoring the examination, twenty-five dollars per individual.

[Statutory Authority: Chapter 19.34 RCW, including RCW 19.34.030, 19.34.040, 19.34.100, 19.34.400, 19.34.500 and 1998 c 33. 98-16-031, 434-180-130, filed 7/29/98, effective 8/29/98. Statutory Authority: RCW 19.34.030, 19.34.040, 19.34.100, 19.34.111 and 19.34.400. 97-24-053, 434-180-130, filed 11/26/97, effective 12/27/97.]


AMENDATORY SECTION(Amending WSR 97-24-053, filed 11/26/97, effective 12/27/97)

WAC 434-180-205   Issuance of license or renewal.   The secretary shall, within a reasonable time, issue or renew a license as a certification authority if the applicant has:

(1) Submitted all documentation required by WAC 434-180-200 and 434-180-210; and

(2) The secretary has determined that the applicant meets all requirements for licensure.

(3) Issuance or renewal of a license shall be valid for a period of ((one)) two years. Failure to receive a notice of the need to renew a license is an insufficient reason for failing to file the required application for renewal.

[Statutory Authority: RCW 19.34.030, 19.34.040, 19.34.100, 19.34.111 and 19.34.400. 97-24-053, 434-180-205, filed 11/26/97, effective 12/27/97.]

Washington State Code Reviser's Office