S-4881               _______________________________________________

 

                                         SUBSTITUTE SENATE BILL NO. 6664

                        _______________________________________________

 

State of Washington                               51st Legislature                              1990 Regular Session

 

By Senate Committee on Economic Development & Labor (originally sponsored by Senators McDonald, Gaspard, Warnke and Rasmussen; by request of Department of Licensing)

 

 

Read first time 2/2/90.

 

 


AN ACT Relating to the business license center act; amending RCW 19.02.030 and 19.02.070; adding a new section to chapter 19.02 RCW; creating a new section; repealing RCW 19.02.038 and 19.02.110; and providing an effective date.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

        Sec. 1.  Section 3, chapter 319, Laws of 1977 ex. sess. as last amended by section 3, chapter 182, Laws of 1982 and RCW  19.02.030 are each amended to read as follows:

          (1) There is created within the department of licensing a business license center.

          (2) The duties of the center shall include:

          (a) Developing and administering a computerized one-stop master license system capable of storing, retrieving, and exchanging license information with due regard to privacy statutes, as well as issuing and renewing master licenses in an efficient manner;

          (b) Providing a license information service detailing requirements to establish or engage in business in this state;

          (c) Providing for staggered master license renewal;

          (d) Identifying types of licenses appropriate for inclusion in the master license system;

          (e) Recommending in reports to the governor and the legislature the elimination, consolidation, or other modification of duplicative, ineffective, or inefficient licensing or inspection requirements; and

          (f) Incorporating licenses into the master license system.

          (3) The department of licensing shall establish the position of assistant director of the business license center who will also act as executive secretary to the board of review.

          (4) The director of licensing may adopt under chapter 34.05 RCW such rules and fees as may be necessary to effectuate the purposes of this chapter.  All proposed rules and fees shall be submitted in writing to the board of review for its review and recommendations.

 

        Sec. 2.  Section 7, chapter 319, Laws of 1977 ex. sess. as last amended by section 6, chapter 182, Laws of 1982 and RCW 19.02.070 are each amended to read as follows:

          (1) Any person requiring licenses which have been incorporated into the system shall submit a master application to the department requesting the issuance of the licenses.  The master application form shall contain in consolidated form information necessary for the issuance of the licenses.

          (2) The applicant shall include with the application the sum of all fees and deposits required for the requested individual license endorsements as well as a handling fee to be established by rule by the department to help defray the cost of issuing the master license.

          (3) Irrespective of any authority delegated to the department of licensing to implement the provisions of this chapter, the authority for approving issuance and renewal of any requested license that requires a prelicensing or renewal investigation, inspection, testing, or other judgmental review by the regulatory agency otherwise legally authorized to issue the license shall remain with that agency.  The business license center has the authority to issue those licenses for which proper fee payment and a completed application form have been received and for which no prelicensing or renewal approval action is required by the regulatory agency.

          (4) Upon receipt of the application and proper fee payment for any license for which issuance is subject to regulatory agency action under subsection (3) of this section, the department shall immediately notify the regulatory agency with authority to approve issuance or renewal of the license requested by the applicant.  Each regulatory agency shall advise the department within a reasonable time after receiving the notice:  (a) That the agency approves the issuance of the requested license and will advise the applicant of any specific conditions required for issuing the license; (b) that the agency denies the issuance of the license and gives the applicant reasons for the denial; or (c) that the application is pending.

          (5) The department shall issue a master license  endorsed for all the approved licenses to the applicant and advise the applicant of the status of other requested licenses.  It is the responsibility of the applicant to contest the decision regarding conditions imposed or licenses denied through the normal process established by statute or by the agency with the authority for approving issuance of the license.

          (6) Regulatory agencies shall be provided information from the master application for their licensing and regulatory functions.

 

          NEW SECTION.  Sec. 3.  A new section is added to chapter 19.02 RCW to read as follows:

          (1) The revenue collected for filing annual reports of corporations as required by RCW 23B.16.220, when filed in conjunction with the corporation license renewal fee under RCW 23B.01.530 or 23B.01.550, shall be collected by the business license center and shall be deposited in the general fund.

          (2) A handling fee shall be imposed on each original master license issued.  The amount of the handling fee shall be recommended by the board of review established under RCW 19.02.040.  The fee shall be set at a level such that the revenue generated during any biennium by the combination of this handling fee, and the annual report fees collected under subsection (1) of this section do not exceed thirty-two percent of the general fund operating appropriation to the business license center for that biennium.  The director shall specify the amount of the handling fee by rule adopted under chapter 34.05 RCW.  The handling fees collected under this section shall be deposited in the general fund.

 

          NEW SECTION.  Sec. 4.     The legislative budget committee shall conduct a performance audit of the master licensing program and report to the senate economic development and labor committee and the house of representatives trade and economic development committee.  At a minimum, this study should include an examination of the program cost and effectiveness.

 

          NEW SECTION.  Sec. 5.  The following acts or parts of acts are each repealed:

                   (1) Section 13, chapter 182, Laws of 1982 and RCW 19.02.038; and

          (2) Section 11, chapter 182, Laws of 1982, section 3, chapter 5, Laws of 1988 and RCW 19.02.110.

 

          NEW SECTION.  Sec. 6.     This act shall take effect July 1, 1990.  The director of licensing may immediately take such steps as are necessary to ensure that sections 1 through 3 of this act are implemented on their effective date.