2SHB 1273 -
By Senator Berkey and Benton
PULLED 03/12/2008
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 43.330
RCW to read as follows:
(1) The financial fraud and identity theft crimes investigation and
prosecution program is created in the department of community, trade,
and economic development. The department shall:
(a) Appoint members of the financial fraud task forces created in
subsection (2) of this section;
(b) Administer the account created in subsection (3) of this
section; and
(c) By December 31st of each year submit a report to the
appropriate committees of the legislature and the governor regarding
the progress of the program and task forces. The report must include
recommendations on changes to the program, including expansion.
(2)(a) The department shall establish two regional financial fraud
and identity theft crime task forces that include a central Puget Sound
task force that includes King and Pierce counties, and a Spokane county
task force. Each task force must be comprised of local law
enforcement, county prosecutors, representatives of the office of the
attorney general, financial institutions, and other state and local law
enforcement.
(b) The department shall appoint: (i) Representatives of local law
enforcement from a list provided by the Washington association of
sheriffs and police chiefs; (ii) representatives of county prosecutors
from a list provided by the Washington association of prosecuting
attorneys; and (iii) representatives of financial institutions.
(c) Each task force shall:
(i) Hold regular meetings to discuss emerging trends and threats of
local financial fraud and identity theft crimes;
(ii) Set priorities for the activities for the task force;
(iii) Apply to the department for funding to (A) hire prosecutors
and/or law enforcement personnel dedicated to investigating and
prosecuting financial fraud and identity theft crimes; and (B) acquire
other needed resources to conduct the work of the task force;
(iv) Establish outcome-based performance measures; and
(v) Twice annually report to the department regarding the
activities and performance of the task force.
(3) The financial fraud and identity theft crimes investigation and
prosecution account is created in the state treasury. Moneys in the
account may be spent only after appropriation. Revenue to the account
may include appropriations, revenues generated by the surcharge imposed
in section 2 of this act, federal funds, and any other gifts or grants.
Expenditures from the account may be used only to support the
activities of the financial fraud and identity theft crime
investigation and prosecution task forces and the program
administrative expenses of the department, which may not exceed ten
percent of the amount appropriated.
(4) For purposes of this section, "financial fraud and identity
theft crimes" includes those that involve: Check fraud, chronic
unlawful issuance of bank checks, embezzlement, credit/debit card
fraud, identity theft, forgery, counterfeit instruments such as checks
or documents, organized counterfeit check rings, and organized
identification theft rings.
Sec. 2 RCW 62A.9A-525 and 2000 c 250 s 9A-525 are each amended to
read as follows:
(a) Filing with department of licensing. Except as otherwise
provided in subsection (b) or (e) of this section, the fee for filing
and indexing a record under this part is the fee set by department of
licensing rule pursuant to subsection (f) of this section. Without
limitation, different fees may be charged for:
(1) A record that is communicated in writing and consists of one or
two pages;
(2) A record that is communicated in writing and consists of more
than two pages, which fee may be a multiple of the fee described in (1)
of this subsection; and
(3) A record that is communicated by another medium authorized by
department of licensing rule, which fee may be a fraction of the fee
described in (1) of this subsection.
(b) Filing with other filing offices. Except as otherwise provided
in subsection (e) of this section, the fee for filing and indexing a
record under this part that is filed in a filing office described in
RCW 62A.9A-501(a)(1) is the fee that would otherwise be applicable to
the recording of a mortgage in that filing office, as set forth in RCW
36.18.010.
(c) Number of names. The number of names required to be indexed
does not affect the amount of the fee in subsections (a) and (b) of
this section.
(d) Response to information request. The fee for responding to a
request for information from a filing office, including for issuing a
certificate showing, or otherwise communicating, whether there is on
file any financing statement naming a particular debtor, is the fee set
by department of licensing rule pursuant to subsection (f) of this
section; provided however, if the request is to a filing office
described in RCW 62A.9A-501(a)(1) and that office charges a different
fee, then that different fee shall apply instead. Without limitation,
different fees may be charged:
(1) If the request is communicated in writing;
(2) If the request is communicated by another medium authorized by
filing-office rule; and
(3) If the request is for expedited service.
(e) Record of mortgage. This section does not require a fee with
respect to a record of a mortgage which is effective as a financing
statement filed as a fixture filing or as a financing statement
covering as-extracted collateral or timber to be cut under RCW
62A.9A-502(c). However, the recording and satisfaction fees that
otherwise would be applicable to the record of the mortgage apply.
(f) Filing office rules. (1) The department of licensing shall by
rule set the fees called for in this section for filing with, and
obtaining information from, the department of licensing. The director
shall set fees at a sufficient level to defray the costs of
administering the program. All receipts from fees collected under this
title, except fees for services covered under RCW 62A.9A-501(a)(1),
shall be deposited to the uniform commercial code fund in the state
treasury. Moneys in the fund may be spent only after appropriation and
may be used only to administer the uniform commercial code program.
(2) In addition to fees on filings authorized under this section,
the department of licensing shall impose a surcharge of eight dollars
per filing for paper filings and a surcharge of three dollars per
filing for electronic filings. The department shall deposit the
proceeds from these surcharges in the financial fraud and identity
theft crimes investigation and prosecution account created in section
1 of this act.
(g) Transition. This section continues the fee-setting authority
conferred on the department of licensing by former RCW 62A.9-409 and
nothing herein shall invalidate fees set by the department of licensing
under the authority of former RCW 62A.9-409.
NEW SECTION. Sec. 3 This act expires July 1, 2015."
2SHB 1273 -
By Senator Berkey and Benton
PULLED 03/12/2008
On page 1, line 1 of the title, after "fraud;" strike the remainder of the title and insert "amending RCW 62A.9A-525; adding a new section to chapter 43.330 RCW; and providing an expiration date."
EFFECT: To support the activities of the task forces, a surcharge is placed on filings of security interests with the department of licensing. The surcharges are $8.00 per filing for paper filings and $3.00 per filing for electronic filings.