WSR 15-22-098
PROPOSED RULES
DEPARTMENT OF
FISH AND WILDLIFE
[Filed November 3, 2015, 3:29 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 15-18-114 on September 2, 2015.
Title of Rule and Other Identifying Information: WAC 220-55-180 Point-of-sale transaction fee.
Hearing Location(s): Northwest Maritime Center, 431 Water Street, Port Townsend, WA 98368, on December 11-12, 2015, at 8:30 a.m.
Date of Intended Adoption: On or after December 11, 2015.
Submit Written Comments to: Joanna Eide, WDFW Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, e-mail Rules.Coordinator@dfw.wa.gov, fax (360) 902-2155, by December 4, 2015.
Assistance for Persons with Disabilities: Contact Tami Lininger by December 4, 2015, TTY (800) 833-6388 or (360) 902-2267.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department is considering changes to WAC 220-55-180 to align the WAC language to allow for the use of transaction fee funds as provided in RCW 77.32.050.
Reasons Supporting Proposal: RCW 77.32.050 states that a transaction fee on commercial and recreational license documents issued through an automated licensing system may be set by the fish and wildlife commission and collected from licensees. RCW 77.32.050 also provides that the department may authorize all or part of such fee to be paid directly to a contractor providing automated licensing services. The department sets this transaction fee in WAC 220-55-180. The department is considering changes to WAC 220-55-180 to align the WAC language to allow for the use of transaction fee funds as provided in RCW 77.32.050.
Statutory Authority for Adoption: RCW 77.04.012, 77.04.055, 77.12.047, and 77.32.050.
Statute Being Implemented: RCW 77.04.012, 77.04.055, 77.12.047, and 77.32.050.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: Additional information on the fish and wildlife commission meeting where the public hearing on this rule making will be held is available here http://wdfw.wa.gov/commission/meetings.html.
Name of Proponent: Washington department of fish and wildlife, governmental.
Name of Agency Personnel Responsible for Drafting: Joanna Eide, 1111 Washington Street S.E., Olympia, WA 98501, (360) 902-2403; Implementation: Joe Stohr, 1111 Washington Street S.E., Olympia, WA 98501, (360) 902-2650; and Enforcement: Steve Crown, 1111 Washington Street S.E., Olympia, WA 98501, (360) 902-2373.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule making does not make changes to the fee amount or the collection of the fee; rather, it proposes changes to how the department uses the transaction fee after its collection. For this reason, this rule making will not have any impacts to small business as it is an internal administrative change.
A cost-benefit analysis is not required under RCW 34.05.328. This proposal does not involve hydraulics rules which are the only rules in WDFW's administrative code that are considered significant legislative rules that would require s [a] cost-benefit analysis under RCW 34.05.328.
November 3, 2015
Joanna M. Eide
Rules Coordinator
AMENDATORY SECTION (Amending WSR 11-22-002, filed 10/19/11, effective 11/19/11)
WAC 220-55-180 Point-of-sale transaction fee.
The point-of-sale transaction fee shall be used to operate an automated licensing system or for other uses that support providing fish and wildlife related opportunities, customer service, and enhanced experiences for department license holders. This fee shall be applied to all automated licensing system purchases of recreational and commercial documents. The transaction fee shall be ten percent of the value of the document transaction, excluding any applicable dealer fees.