WSR 13-14-120

PROPOSED RULES

DEPARTMENT OF REVENUE

[Filed July 3, 2013, 9:51 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 13-04-083.

Title of Rule and Other Identifying Information: WAC 458-20-10101 Business licensing service—Total fee payable—Handling of fees, establishes a fee schedule to support the business licensing service (BLS) (formerly master license service (MLS) program).

Hearing Location(s): Capital Plaza Building, 4th Floor L&P, Conference Room, 1025 Union Avenue S.E., Olympia, WA 98504, on August 6, 2013, at 10:00 a.m. Copies of draft rules are available for viewing and printing on our web site at Rules Agenda.

Date of Intended Adoption: August 13, 2013.

Submit Written Comments to: Marilou Rickert, P.O. Box 47453, Olympia, WA 98504-7453, e-mail marilour@dor.wa.gov, by August 6, 2013.

Assistance for Persons with Disabilities: Contact Mary Carol LaPalm, (360) 725-7499, or Renee Cosare, (360) 725-7514, no later than ten days before the hearing date. For hearing impaired please contact us via the Washington relay operator at (800) 833-6384.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: To amend WAC 458-20-10101 Business licensing service—Total fee payable—Handling of fees, to raise the business license application handling fee from $15.00 to $19.00 and the license renewal handling fee from $9.00 to $11.00.

Reasons Supporting Proposal:

•	SHB 2017, chapter 298, Laws of 2011, an act relating to the master license service, requires the department of revenue to set by rule handling fees for business license application filings and caps those fees at a maximum of $19.00 for the business license application handling fee and $11.00 for the license renewal application handling fee.
•	Although the department initially elected to retain the fees at the same level as previously set by statute: $15.00 for the business license application handling fee and $9.00 for the license renewal handling fee, the need to replace outdated technology, upgrade the level of service provided by the BLS, and integrate the BLS system with department operations in order to make the program faster and easier to use requires that the fees be adjusted to the maximum allowed by statute.
•	Section 136(1) of 3ESSB 5034, an act relating to fiscal matters, authorizes the department of revenue to increase the master application fee to $19.00 and the renewal fee to $11.00 consistent with RCW 19.02.075.

Statutory Authority for Adoption: 2013 3ESSB 4034 [5034], SHB 2017, chapter 298, Laws of 2011, RCW 19.02.030 and 19.02.075.

Statute Being Implemented: RCW 19.02.075.

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

Name of Proponent: Department of revenue, governmental.

Name of Agency Personnel Responsible for Drafting: Marilou Rickert, 1025 Union Avenue S.E., Suite #544, Olympia, WA, (360) 534-1582; Implementation: Dylan Waits, 1025 Union Avenue S.E., Suite #544, Olympia, WA, (360) 534-1583; and Enforcement: Alan Lynn, 1025 Union Avenue S.E., Suite #544, Olympia, WA, (360) 534-1599.

No small business economic impact statement has been prepared under chapter 19.85 RCW. No impact. This rule does not impose any new performance requirement or administrative burden on any small business not already required by statute. Fee increases are de minimus: $4 for the first license, and $2 in subsequent years.

A cost-benefit analysis is required under RCW 34.05.328. A preliminary cost-benefit analysis may be obtained by contacting Marilou Rickert, P.O. Box 47453, Olympia, WA 98504-7453, phone (360) 534-1582, e-mail marilour@dor.wa.gov.

July 3, 2013

Alan R. Lynn

Assistant Director

AMENDATORY SECTION (Amending WSR 12-04-060, filed 1/30/12, effective 3/1/12)

WAC 458-20-10101 Business licensing service—Total fee payable—Handling of fees. (1) Introduction. Chapter 298, Laws of 2011, transferred responsibility for the master license service program (MLS) from the department of licensing to the department of revenue, effective July 1, 2011. This program is now referred to as the business licensing service (BLS).

Information about BLS is available online at http://business.wa.gov/BLS. If you are seeking in-person assistance, you may want to visit:

6500 Linderson Way S.W., Suite 102

Tumwater, WA 98501

8 a.m. to 5 p.m., Monday - Friday

(except state holidays or temporary layoff days)

The department of licensing continues to issue, renew, and regulate professional licenses, see http://dol.wa.gov/business/.

(2) What fee do I need to pay when applying for or renewing a license? The fee payable will be the total amount of all individual license fees, late filing fees, other penalty fees, and handling fees, and may include additional fees charged to cover credit or debit card processing. Licensing fees vary depending on the license for which you are applying. Refer to http://bls.dor.wa.gov/specialtylicenses.aspx for information about licenses and license fee amounts.

(3) What does the department do with these fees? The department will distribute the fees received for individual licenses issued or renewed to the appropriate agencies on an established schedule.

(4) When do I get my business license? The business license will not be issued until the full amount of the total fee payable is collected. When the fee payment received is less than the total fee payable, the department will bill the applicant for the balance.

(5) Can I get a refund? The business license application and renewal handling fees collected under RCW 19.02.075 are not refundable. When a license is denied or when an applicant withdraws an application, a refund of any other refundable portion of the total payment will be made in accordance with the applicable licensing laws.

(6) What are the handling fees? The business license application handling fee amounts are:


Type of handling fee:	Fee amount:
Business license application filing	$((15.00)) 19.00
License renewal application filing	$((9.00)) 11.00