AN ACT
Relating to business licenses; amending RCW 19.02.020, 19.02.075, 19.02.080,
19.02.085, 19.80.075, and 23B.01.220; adding a new section to chapter 19.02
RCW; repealing RCW 19.80.035; providing effective dates; and declaring an
emergency.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
19.02.020 and 1982 c 182 s 2 are each amended to read as follows:
As
used in this chapter, the following words shall have the following meanings:
(1)
"System" means the mechanism by which master licenses are issued and
renewed, license and regulatory information is disseminated, and account data
is exchanged by the agencies;
(2)
"Business license center" means the business registration and
licensing center established by this chapter and located in and under the
administrative control of the department of licensing;
(3)
"Board of review" means the body established to review policies and
rules adopted by the department of licensing for carrying out the provisions of
this chapter;
(4)
"Master application" means a document incorporating pertinent data
from existing applications for licenses covered under this chapter;
(5)
"Master license" means the single document designed for public
display issued by the business license center which certifies state agency
license approval and which incorporates the endorsements for individual
licenses included in the master license system, which the state requires for
any person subject to this chapter;
(6)
"License" means the whole or part of any agency permit, license,
certificate, approval, registration, charter, or any form or permission
required by law, including agency rule, to engage in any activity;
(7)
"Regulatory" means all licensing and other governmental or statutory
requirements pertaining to business or professional activities;
(8)
"Person" means any individual, sole proprietorship, partnership,
association, cooperative, corporation, nonprofit organization, state or local
government agency, and any other organization required to register with the
state to do business in the state and to obtain one or more licenses from the
state or any of its agencies;
(9)
"Director" means the director of licensing;
(10)
"Department" means the department of licensing; ((and))
(11)
"Regulatory agency" means any state agency, board, commission, or
division which regulates one or more professions, occupations, industries,
businesses, or activities;
(12)
"Renewal application" means a document used to collect pertinent data
for renewal of licenses covered under this chapter; and
(13)
"License information packet" means a collection of information about
licensing requirements and application procedures custom-assembled for each
request.
Sec.
2. RCW
19.02.075 and 1990 c 264 s 2 are each amended to read as follows:
((The
department shall collect a handling fee of twelve dollars on each original
master license issued. The handling fees collected under this section shall be
deposited in the general fund.)) (1) Beginning June 1, 1992, the
department shall collect a fee of fifteen dollars on each master application
and five dollars on each license information packet. From June 1, 1992, to
June 30, 1992, twelve dollars of the master application fee shall be deposited
in the general fund and three dollars deposited in the master license fund.
Thereafter, the entire master application fee shall be deposited in the master
license fund. License information packet fees shall be deposited in the
general fund.
(2)
Beginning July 1, 1992, the department shall collect a fee of nine dollars on
each renewal application. Renewal application fees shall be deposited in the
master license fund.
Sec.
3. RCW
19.02.080 and 1982 c 182 s 7 are each amended to read as follows:
All
fees collected under the system shall be deposited with the state treasurer.
Upon issuance or renewal of the master license or supplemental licenses, the
department shall distribute the fees, except for fees covered under section
4 of this act and for fees covered under RCW 19.80.075, to the appropriate
accounts under the applicable statutes for those agencies' licenses.
NEW
SECTION. Sec. 4. A new
section is added to chapter 19.02 RCW to read as follows:
The
master license fund is created in the state treasury. Unless otherwise
indicated in RCW 19.02.075, all receipts from handling and master license
delinquency fees shall be deposited into the fund. Moneys in the fund may be
spent only after appropriation beginning in fiscal year 1993. Expenditures
from the fund may be used only to administer the master license services
program.
Sec.
5. RCW
19.02.085 and 1989 c 170 s 1 are each amended to read as follows:
To
encourage timely renewal by applicants, a master license delinquency fee shall
be imposed on licensees who fail to renew by the master license expiration
date. The master license delinquency fee shall be the lesser of one hundred
fifty dollars or fifty percent of a base comprised of the licensee's renewal
fee minus corporate licensing taxes, corporation annual report fee, and any
interest fees or penalties charged for late taxes or corporate renewals. The
master license delinquency fee shall be added to the renewal fee and paid by
the licensee before a master license shall be renewed. The delinquency fee
shall be deposited in the ((general)) master license fund.
Sec.
6. RCW
19.80.075 and 1984 c 130 s 9 are each amended to read as follows:
All
fees collected by the department of licensing under this chapter shall be
deposited with the state treasurer and credited to the ((general)) master
license fund, except for trade name registration fees collected from
June 1, 1992, to June 30, 1992, which shall be deposited in the general fund.
Beginning July 1, 1992, trade name registration fees shall be deposited in the
master license fund.
Sec.
7. RCW
23B.01.220 and 1991 c 72 s 26 are each amended to read as follows:
(1)
The secretary of state shall collect in accordance with the provisions of this
title:
(a)
Fees for filing documents and issuing certificates;
(b)
Miscellaneous charges;
(c)
License fees as provided in RCW 23B.01.500 through 23B.01.550;
(d)
Penalty fees; and
(e)
Other fees as the secretary of state may establish by rule adopted under
chapter 34.05 RCW.
(2)
The secretary of state shall collect the following fees when the documents
described in this subsection are delivered for filing:
(a)
One hundred seventy-five dollars, pursuant to RCW 23B.01.520 and 23B.01.540,
for:
(i)
Articles of incorporation; and
(ii)
Application for certificate of authority;
(b)
Fifty dollars for an application for reinstatement;
(c)
Twenty-five dollars for:
(i)
Articles of correction;
(ii)
Amendment of articles of incorporation;
(iii)
Restatement of articles of incorporation, with or without amendment;
(iv)
Articles of merger or share exchange;
(v)
Articles of revocation of dissolution; and
(vi)
Application for amended certificate of authority;
(d)
Twenty dollars for an application for reservation, registration, or assignment
of reserved name;
(e)
Ten dollars for:
(i)
Corporation's statement of change of registered agent or registered office, or
both, except where this information is provided in conjunction with and on an
initial report or an annual report form filed under RCW 23B.01.530, 23B.01.550,
23B.02.050, or 23B.16.220;
(ii)
Agent's resignation, or statement of change of registered office, or both, for
each affected corporation;
(iii)
Initial report ((or annual report)); and
(iv)
Any document not listed in this subsection that is required or permitted to be
filed under this title;
(f) No
fee for:
(i)
Agent's consent to act as agent;
(ii)
Agent's resignation, if appointed without consent;
(iii)
Articles of dissolution;
(iv)
Certificate of judicial dissolution; ((and))
(v)
Application for certificate of withdrawal; and
(vi)
Annual report.
(3) The
secretary of state shall collect a fee of twenty-five dollars per defendant
served, upon being served process under this title. The party to a proceeding
causing service of process is entitled to recover this fee as costs if such
party prevails in the proceeding.
(4)
The secretary of state shall collect from every person or organization:
(a)
For furnishing a certified copy of any document, instrument, or paper relating
to a corporation, ten dollars for the certificate, plus twenty cents for each
page copied;
(b)
For furnishing a certificate, under seal, attesting to the existence of a
corporation, or any other certificate, ten dollars; and
(c)
For furnishing copies of any document, instrument, or paper relating to a
corporation, other than of an initial report or an annual report, one dollar
for the first page and twenty cents for each page copied thereafter. The fee
for furnishing a copy of the most recent annual report of a corporation (or of
the initial report if no annual report has been filed) is one dollar, and the
fee for furnishing a copy of any other annual report of a corporation is five
dollars.
(5)
For annual license fees for domestic and foreign corporations, see RCW
23B.01.500, 23B.01.510, 23B.01.530, and 23B.01.550. For penalties for nonpayment
of annual license fees and failure to complete annual report, see RCW
23B.01.570.
NEW
SECTION. Sec. 8. RCW
19.80.035 and 1985 c 88 s 1 & 1984 c 130 s 4 are each repealed.
NEW
SECTION. Sec. 9. (1)
Sections 1 through 4, 6, and 8 of this act are necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect June 1,
1992.
(2)
Sections 5 and 7 of this act shall take effect July 1, 1992.
