BILL REQ. #: H-2499.1
| State of Washington | 62nd Legislature | 2011 Regular Session |
READ FIRST TIME 04/06/11.
AN ACT Relating to the master license service program; amending RCW 19.02.020, 19.02.030, 19.02.050, 19.02.070, 19.02.075, 19.02.100, 19.02.800, 19.02.900, 19.80.005, 19.80.010, 19.80.025, 19.80.045, 19.80.075, 19.80.900, 19.94.015, 34.05.310, 34.05.328, 35.21.392, 35A.21.340, 43.07.200, 46.68.060, 46.72.110, 46.72A.110, 59.30.010, 59.30.020, 59.30.050, 59.30.060, 76.48.121, 79A.60.485, 82.01.060, 82.02.010, 82.32.030, 90.76.010, and 90.76.020; reenacting and amending RCW 43.24.150; adding a new section to chapter 19.02 RCW; adding a new section to chapter 59.30 RCW; creating new sections; decodifying RCW 19.02.901 and 19.02.910; prescribing penalties; providing an effective date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The purpose of this act is to improve
customer service by transferring the master license service program
from the department of licensing to the department of revenue. It is
the legislature's intent that all licenses obtained or renewed through
the master license service as of March 1, 2011, will continue to be
obtained or renewed through the master license service after the master
license service program is transferred to the department of revenue
effective July 1, 2011.
NEW SECTION. Sec. 2 (1) All powers, duties, and functions of the
department of licensing pertaining to the administration of chapters
19.02, 19.80, and 59.30 RCW are transferred to the department of
revenue. All references to the department of licensing or the director
of licensing in the Revised Code of Washington must be construed to
mean the department of revenue or the director of revenue when
referring to the powers, duties, and functions transferred under this
section.
(2)(a) All reports, documents, surveys, books, records, files,
papers, or written material, including electronic records and files, in
the possession of the department of licensing pertaining to the powers,
functions, and duties transferred to the department of revenue under
this section must be delivered to the custody of the department of
revenue. All cabinets, furniture, office equipment, motor vehicles,
and other tangible property employed by the department of licensing in
carrying out the powers, functions, and duties transferred must be made
available to the department of revenue. All funds, credits, or other
assets held in connection with the powers, functions, and duties
transferred must be assigned to the department of revenue.
(b) Any appropriations made to the department of licensing for
carrying out the powers, functions, and duties transferred must, on the
effective date of this section, be transferred and credited to the
department of revenue.
(c) Whenever any question arises as to the transfer of any
personnel, funds, books, documents, records, papers, files, equipment,
or other tangible property used or held in the exercise of the powers
and the performance of the duties and functions transferred, the
director of financial management must make a determination as to the
proper allocation and certify the same to the state agencies concerned.
(3) All employees of the department of licensing primarily engaged
in performing the powers, functions, and duties transferred are
transferred to the jurisdiction of the department of revenue. All
employees classified under chapter 41.06 RCW, the state civil service
law, are assigned to the department of revenue to perform their usual
duties upon the same terms as formerly, without any loss of rights,
subject to any action that may be appropriate thereafter in accordance
with the laws and rules governing state civil service.
(4) All rules and all pending business before the department of
licensing pertaining to the powers, functions, and duties transferred
must be continued and acted upon by the department of revenue. All
existing contracts and obligations must remain in full force and must
be performed by the department of revenue.
(5) The transfer of the powers, duties, functions, and personnel of
the department of licensing does not affect the validity of any act
performed before the effective date of this section.
(6) If apportionments of budgeted funds are required because of the
transfers directed by this section, the director of financial
management must certify the apportionments to the agencies affected,
the state auditor, and the state treasurer. Each of these must make
the appropriate transfer and adjustments in funds and appropriation
accounts and equipment records in accordance with the certification.
(7) All classified employees of the department of licensing
assigned to the department of revenue under this section whose
positions are within an existing bargaining unit description at the
department of revenue must become a part of the existing bargaining
unit at the department of revenue and must be considered an appropriate
inclusion or modification of the existing bargaining unit, if any,
under the provisions of chapter 41.80 RCW.
NEW SECTION. Sec. 3 To ensure a seamless transfer of the master
license service program from the department of licensing to the
department of revenue and to prevent any disruption of service to
persons seeking to use the master license system, the department of
revenue is authorized to contract, under chapter 39.34 RCW, with the
department of licensing for support in administering chapters 19.02,
19.80, and 59.30 RCW. Any contract entered into pursuant to this
section must be for a duration no longer than necessary to fully and
effectively transfer the master license service program from the
department of licensing to the department of revenue.
Sec. 4 RCW 19.02.020 and 1993 c 142 s 3 are each amended to read
as follows:
((As used in this chapter, the following words shall have the
following meanings:)) The definitions in this section apply throughout
this chapter unless the context clearly requires otherwise.
(1) "System" or "master license system" means the ((mechanism))
procedure by which master licenses are issued and renewed, license and
regulatory information is collected and disseminated with due regard to
privacy statutes, and account data is exchanged by the agencies((;))
and participating local governments.
(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;)) revenue.
(3) "Master application" means a document incorporating pertinent
data from existing applications for licenses covered under this
chapter((;)).
(4) "Master license" means the single document designed for public
display issued by the business license center which certifies state
agency or local government license approval and which incorporates the
endorsements for individual licenses included in the master license
system, which the state or local government requires for any person
subject to this chapter((;)).
(5) "License" means the whole or part of any agency or local
government permit, license, certificate, approval, registration,
charter, or any form or permission required by law, including agency
rule, to engage in any activity((;)).
(6) "Regulatory" means all licensing and other governmental or
statutory requirements pertaining to business or professional
activities((;)).
(7) "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 or a participating
local government to do business in the state or the participating local
government and to obtain one or more licenses from the state or any of
its agencies((;)) or the participating local government.
(8) "Director" means the director of ((licensing;)) revenue.
(9) "Department" means the department of ((licensing;)) revenue.
(10) "Regulatory agency" means any state agency, board, commission,
((or)), division ((which)), or local government that regulates one or
more professions, occupations, industries, businesses, or
activities((;)).
(11) "Renewal application" means a document used to collect
pertinent data for renewal of licenses covered under this chapter((;
and)).
(12) "License information packet" means a collection of information
about licensing requirements and application procedures custom-assembled for each request.
(13) "Participating local government" means a municipal corporation
or political subdivision that participates in the master license system
established by this chapter.
Sec. 5 RCW 19.02.030 and 1999 c 240 s 5 are each amended to read
as follows:
(1) There is ((created)) located 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 dates;
(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 ((director of licensing)) department may adopt under
chapter 34.05 RCW such rules as may be necessary to effectuate the
purposes of this chapter.
Sec. 6 RCW 19.02.050 and 1997 c 391 s 11 are each amended to read
as follows:
The legislature hereby directs the full participation by the
following agencies in the implementation of this chapter:
(1) Department of agriculture;
(2) Secretary of state;
(3) Department of social and health services;
(4) Department of revenue;
(5) Department of fish and wildlife;
(6) ((Department of)) Employment security department;
(7) Department of labor and industries;
(8) Department of ((community, trade, and economic development))
commerce;
(9) Liquor control board;
(10) Department of health;
(11) Department of licensing;
(12) Parks and recreation commission;
(13) Utilities and transportation commission; and
(14) Other agencies as determined by the governor.
Sec. 7 RCW 19.02.070 and 1990 c 264 s 1 are each amended to read
as follows:
(1) Any person requiring licenses which have been incorporated into
the system ((shall)) must submit a master application to the department
requesting the issuance of the licenses. The master application form
((shall)) must contain in consolidated form information necessary for
the issuance of the licenses.
(2) The applicant ((shall)) must include with the application the
sum of all fees and deposits required for the requested individual
license endorsements as well as the handling fee established by the
department under the authority of RCW 19.02.075.
(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)) must 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)) must
immediately notify the regulatory agency with authority to approve
issuance or renewal of the license requested by the applicant. Each
regulatory agency ((shall)) must 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)) must 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 regulatory agency with the authority for approving issuance of the
license.
(6) Regulatory agencies ((shall)) must be provided information from
the master application for their licensing and regulatory functions.
Sec. 8 RCW 19.02.075 and 1995 c 403 s 1007 are each amended to
read as follows:
(((1))) The department ((shall)) must collect a handling fee ((of
fifteen dollars)) on each master application((. The entire master
application fee shall be deposited in the master license fund.)) and
each renewal application filing. ((
(2) The department shall collect a fee of nine dollars onRenewal application fees shall))
The department must set the amount of the handling fees by rule, as
authorized by RCW 19.02.030. The handling fees may not exceed nineteen
dollars for each master application, and eleven dollars for each
renewal application filing, and must be deposited in the master license
fund. The department may increase handling and renewal fees for the
purposes of making improvements in the master license service program,
including improvements in technology and customer services, expanded
access, and infrastructure.
Sec. 9 RCW 19.02.100 and 1997 c 58 s 865 are each amended to read
as follows:
(1) The department ((shall)) may not issue or renew a master
license to any person if:
(a) The person does not have a valid tax registration, if required
by a regulatory agency;
(b) The person is a corporation delinquent in fees or penalties
owing to the secretary of state or is not validly registered under
Title 23B RCW, chapter 18.100 RCW, Title 24 RCW, ((and)) or any other
statute now or hereafter adopted which gives corporate or business
licensing responsibilities to the secretary of state if the person is
required to be so registered; or
(c) The person has not submitted the sum of all fees and deposits
required for the requested individual license endorsements, any
outstanding master license delinquency fee, or other fees and penalties
to be collected through the system.
(2) Nothing in this section ((shall)) prevents registration by the
state of a business for taxation purposes, or an employer for the
purpose of paying an employee of that employer industrial insurance or
unemployment insurance benefits.
(3) The department ((shall)) must immediately suspend the license
or certificate of a person who has been certified pursuant to RCW
74.20A.320 by the department of social and health services as a person
who is not in compliance with a support order ((or a residential or
visitation order)). If the person has continued to meet all other
requirements for reinstatement during the suspension, reissuance of the
license or certificate ((shall be)) is automatic upon the department's
receipt of a release issued by the department of social and health
services stating that the licensee is in compliance with the order.
Sec. 10 RCW 19.02.800 and 2000 c 171 s 44 are each amended to
read as follows:
Except as provided in RCW 43.07.200, the provisions of this chapter
regarding the processing of license applications and renewals under a
master license system ((shall)) do not apply to those business or
professional activities that are licensed or regulated under chapter
31.04, 31.12, ((31.12A,)) or 31.13 RCW or under Title 30, 32, 33, or 48
RCW.
Sec. 11 RCW 19.02.900 and 1977 ex.s. c 319 s 10 are each amended
to read as follows:
If any provision of this ((1977 amendatory act)) chapter, or its
application to any person or circumstance is held invalid, the
remainder of the ((act)) chapter, or the application of the provision
to other persons or circumstances is not affected.
NEW SECTION. Sec. 12 A new section is added to chapter 19.02 RCW
to read as follows:
(1) For purposes of this section:
(a) "Disclose" means to make known to any person in any manner
licensing information;
(b) "Licensing information" means any information created or
obtained by the department in the administration of this chapter and
chapters 19.80 and 59.30 RCW, which information relates to any person
who: (i) Has applied for or has been issued a license or trade name;
or (ii) has been issued an assessment or delinquency fee. Licensing
information includes master applications, renewal applications, and
master licenses; and
(c) "State agency" means every Washington state office, department,
division, bureau, board, commission, or other state agency.
(2) Licensing information is confidential and privileged, and
except as authorized by this section, neither the department nor any
other person may disclose any licensing information. Nothing in this
chapter requires any person possessing licensing information made
confidential and privileged by this section to delete information from
such information so as to permit its disclosure.
(3) This section does not prohibit the department of revenue from:
(a) Disclosing licensing information in a civil or criminal
judicial proceeding or an administrative proceeding:
(i) In which the person about whom such licensing information is
sought and the department, another state agency, or a local government
are adverse parties in the proceeding; or
(ii) Involving a dispute arising out of the department's
administration of chapter 19.02, 19.80, or 59.30 RCW if the licensing
information relates to a party in the proceeding;
(b) Disclosing, subject to such requirements and conditions as the
director prescribes by rules adopted pursuant to chapter 34.05 RCW,
such licensing information regarding a license applicant or license
holder to such license applicant or license holder or to such person or
persons as that license applicant or license holder may designate in a
request for, or consent to, such disclosure, or to any other person, at
the license applicant's or license holder's request, to the extent
necessary to comply with a request for information or assistance made
by the license applicant or license holder to such other person.
However, licensing information not received from the license applicant
or holder must not be so disclosed if the director determines that such
disclosure would compromise any investigation or litigation by any
federal, state, or local government agency in connection with the civil
or criminal liability of the license applicant, license holder, or
another person, or that such disclosure would identify a confidential
informant, or that such disclosure is contrary to any agreement entered
into by the department that provides for the reciprocal exchange of
information with other government agencies, which agreement requires
confidentiality with respect to such information unless such
information is required to be disclosed to the license applicant or
license holder by the order of any court;
(c) Publishing statistics so classified as to prevent the
identification of particular licensing information;
(d) Disclosing licensing information for official purposes only, to
the governor or attorney general, or to any state agency, or to any
committee or subcommittee of the legislature dealing with matters of
taxation, revenue, trade, commerce, the control of industry or the
professions, or licensing;
(e) Permitting the department's records to be audited and examined
by the proper state officer, his or her agents and employees;
(f) Disclosing any licensing information to a peace officer as
defined in RCW 9A.04.110 or county prosecuting attorney, for official
purposes. The disclosure may be made only in response to a search
warrant, subpoena, or other court order, unless the disclosure is for
the purpose of criminal tax or license enforcement. A peace officer or
county prosecuting attorney who receives the licensing information may
disclose that licensing information only for use in the investigation
and a related court proceeding, or in the court proceeding for which
the licensing information originally was sought;
(g) Disclosing, in a manner that is not associated with other
licensing information, the name of a license applicant or license
holder, entity type, registered trade name, business address, mailing
address, unified business identifier number, list of licenses issued to
a person through the master license system established in chapter 19.02
RCW and their issuance and expiration dates, and the dates of opening
of a business. The department is authorized to give, sell, or provide
access to lists of licensing information under this subsection (3)(g)
that will be used for commercial purposes;
(h) Disclosing licensing information that is also maintained by
another Washington state or local governmental agency as a public
record available for inspection and copying under the provisions of
chapter 42.56 RCW or is a document maintained by a court of record and
is not otherwise prohibited from disclosure;
(i) Disclosing any licensing information when the disclosure is
specifically authorized under any other section of the Revised Code of
Washington;
(j) Disclosing licensing information to the proper officer of the
licensing or tax department of any city, town, or county of this state,
for official purposes. If the licensing information does not relate to
a license issued by the city, town, or county requesting the licensing
information, disclosure may be made only if the laws of the requesting
city, town, or county grants substantially similar privileges to the
proper officers of this state; or
(k) Disclosing licensing information to the federal government for
official purposes.
(4) The department may refuse to disclose licensing information
that is otherwise disclosable under subsection (3) of this section if
such disclosure would violate federal law or any information sharing
agreement between the state and federal government.
(5) Any person acquiring knowledge of any licensing information in
the course of his or her employment with the department and any person
acquiring knowledge of any licensing information as provided under
subsection (3)(d), (e), (f), (j), or (k) of this section, who discloses
any such licensing information to another person not entitled to
knowledge of such licensing information under the provisions of this
section, is guilty of a misdemeanor. If the person guilty of such
violation is an officer or employee of the state, such person must
forfeit such office or employment and is incapable of holding any
public office or employment in this state for a period of two years
thereafter.
Sec. 13 RCW 19.80.005 and 2000 c 174 s 1 are each amended to read
as follows:
((Unless the context clearly requires otherwise,)) The definitions
in this section apply throughout this chapter((:)) unless the context
clearly requires otherwise.
(1) "Trade name" means a word or name, or any combination of a word
or name, used by a person to identify the person's business which:
(a) Is not, or does not include, the true and real name of all
persons conducting the business; or
(b) Includes words which suggest additional parties of interest
such as "company," "and sons," or "and associates."
(2) "Business" means an occupation, profession, or employment
engaged in for the purpose of seeking a profit.
(3) "Person" means any individual, partnership, limited liability
company, or corporation conducting or having an interest in a business
in the state.
(4) "True and real name" means:
(a) The surname of an individual coupled with one or more of the
individual's other names, one or more of the individual's initials, or
any combination;
(b) The designation or appellation by which an individual is best
known and called in the business community where that individual
transacts business, if this is used as that individual's legal
signature;
(c) The registered corporate name of a domestic corporation as
filed with the secretary of state;
(d) The registered corporate name of a foreign corporation
authorized to do business within the state of Washington as filed with
the secretary of state;
(e) The registered partnership name of a domestic limited
partnership as filed with the secretary of state;
(f) The registered partnership name of a foreign limited
partnership as filed with the secretary of state; or
(g) The name of a general partnership which includes in its name
the true and real names, as defined in (a) through (f) of this
subsection, of each general partner as required in RCW 19.80.010.
(5) "Department" means the department of revenue.
Sec. 14 RCW 19.80.010 and 2000 c 174 s 2 are each amended to read
as follows:
Each person or persons who ((shall carry)) carries on, conducts, or
transacts business in this state under any trade name ((shall)) must
register that trade name with the department ((of licensing as set
forth)) as provided in this section((:)).
(1) Sole proprietorship or general partnership: The registration
((shall)) must set forth the true and real name or names of each person
conducting the same, together with the post office address or addresses
of each such person and the name of the general partnership, if
applicable.
(2) Foreign or domestic limited partnership: The registration
((shall)) must set forth the limited partnership name as filed with the
office of the secretary of state.
(3) Foreign or domestic limited liability company: The
registration ((shall)) must set forth the limited liability company
name as filed with the office of the secretary of state.
(4) Foreign or domestic corporation: The registration ((shall))
must set forth the corporate name as filed with the office of the
secretary of state.
Sec. 15 RCW 19.80.025 and 2000 c 174 s 3 are each amended to read
as follows:
(1) A notice of change ((shall)) must be filed with the department
((of licensing)) when a change occurs in:
(a) The true and real name of a person conducting a business with
a trade name registered under this chapter; or
(b) Any mailing address set forth on the registration or any
subsequently filed notice of change.
(2) A notice of cancellation ((shall)) must be filed with the
department when use of a trade name is discontinued.
(3) A notice of cancellation, together with a new registration,
((shall)) must be filed before conducting or transacting any business
when:
(a) An addition, deletion, or any change of person or persons
conducting business under the registered trade name occurs; or
(b) There is a change in the wording or spelling of the trade name
since initial registration or renewal.
Sec. 16 RCW 19.80.045 and 1984 c 130 s 6 are each amended to read
as follows:
The ((director of licensing shall)) department must adopt rules as
necessary to administer this chapter. The rules may include but are
not limited to specifying forms and setting fees for trade name
registrations, amendments, searches, renewals, and copies of
registration documents. Fees ((shall)) may not exceed the actual cost
of administering this chapter.
Sec. 17 RCW 19.80.075 and 1992 c 107 s 6 are each amended to read
as follows:
All fees collected by the department ((of licensing)) under this
chapter ((shall)) must be deposited with the state treasurer and
credited to the 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. 18 RCW 19.80.900 and 1984 c 130 s 11 are each amended to
read as follows:
If any provision of this ((act)) chapter or its application to any
person or circumstance is held invalid, the remainder of the ((act))
chapter or the application of the provision to other persons or
circumstances is not affected.
Sec. 19 RCW 19.94.015 and 1995 c 355 s 1 are each amended to read
as follows:
(1) Except as provided in subsection (4) of this section for the
initial registration of an instrument or device, no weighing or
measuring instrument or device may be used for commercial purposes in
the state unless its commercial use is registered annually. If its
commercial use is within a city that has a city sealer and a weights
and measures program as provided by RCW 19.94.280, the commercial use
of the instrument or device ((shall)) must be registered with the city
if the city has adopted fees pursuant to subsection (2) of this
section. If its commercial use is outside of such a city, the
commercial use of the instrument or device ((shall)) must be registered
with the department.
(2) A city with such a sealer and program may establish an annual
fee for registering the commercial use of such a weighing or measuring
instrument or device with the city. The annual fee ((shall)) may not
exceed the fee established in RCW 19.94.175 for registering the use of
a similar instrument or device with the department. Fees upon weighing
or measuring instruments or devices within the jurisdiction of the city
that are collected under this subsection by city sealers ((shall)) must
be deposited into the general fund, or other account, of the city as
directed by the governing body of the city.
(3) Registrations with the department are accomplished as part of
the master license system under chapter 19.02 RCW. Payment of the
registration fee for a weighing or measuring instrument or device under
the master license system constitutes the registration required by this
section.
(4) The fees established by or under RCW 19.94.175 for registering
a weighing or measuring instrument or device ((shall)) must be paid to
the department of ((licensing)) revenue concurrently with an
application for a master license or with the annual renewal of a master
license under chapter 19.02 RCW. A weighing or measuring instrument or
device ((shall)) must be initially registered with the state at the
time the owner applies for a master license for a new business or at
the first renewal of the license that occurs after the instrument or
device is first placed into commercial use. However, the use of an
instrument or device that is in commercial use on the effective date of
this act ((shall)) must be initially registered at the time the first
renewal of the master license of the owner of the instrument or device
is due following the effective date of this act. The department of
((licensing shall)) revenue must remit to the department of agriculture
all fees collected under this provision less reasonable collection
expenses.
(5) Each city charging registration fees under this section
((shall)) must notify the department of agriculture at the time such
fees are adopted and whenever changes in the fees are adopted.
Sec. 20 RCW 34.05.310 and 2004 c 31 s 1 are each amended to read
as follows:
(1)(a) To meet the intent of providing greater public access to
administrative rule making and to promote consensus among interested
parties, agencies ((shall)) must solicit comments from the public on a
subject of possible rule making before filing with the code reviser a
notice of proposed rule making under RCW 34.05.320. The agency
((shall)) must prepare a statement of inquiry that:
(((a))) (i) Identifies the specific statute or statutes authorizing
the agency to adopt rules on this subject;
(((b))) (ii) Discusses why rules on this subject may be needed and
what they might accomplish;
(((c))) (iii) Identifies other federal and state agencies that
regulate this subject, and describes the process whereby the agency
would coordinate the contemplated rule with these agencies;
(((d))) (iv) Discusses the process by which the rule might be
developed, including, but not limited to, negotiated rule making, pilot
rule making, or agency study;
(((e))) (v) Specifies the process by which interested parties can
effectively participate in the decision to adopt a new rule and
formulation of a proposed rule before its publication.
(b) The statement of inquiry ((shall)) must be filed with the code
reviser for publication in the state register at least thirty days
before the date the agency files notice of proposed rule making under
RCW 34.05.320 and the statement, or a summary of the information
contained in that statement, ((shall)) must be sent to any party that
has requested receipt of the agency's statements of inquiry.
(2) Agencies are encouraged to develop and use new procedures for
reaching agreement among interested parties before publication of
notice and the adoption hearing on a proposed rule. Examples of new
procedures include, but are not limited to:
(a) Negotiated rule making by which representatives of an agency
and of the interests that are affected by a subject of rule making,
including, where appropriate, county and city representatives, seek to
reach consensus on the terms of the proposed rule and on the process by
which it is negotiated; and
(b) Pilot rule making which includes testing the feasibility of
complying with or administering draft new rules or draft amendments to
existing rules through the use of volunteer pilot groups in various
areas and circumstances, as provided in RCW 34.05.313 or as otherwise
provided by the agency.
(3)(a) An agency must make a determination whether negotiated rule
making, pilot rule making, or another process for generating
participation from interested parties prior to development of the rule
is appropriate.
(b) An agency must include a written justification in the rule-making file if an opportunity for interested parties to participate in
the rule-making process prior to publication of the proposed rule has
not been provided.
(4) This section does not apply to:
(a) Emergency rules adopted under RCW 34.05.350;
(b) Rules relating only to internal governmental operations that
are not subject to violation by a nongovernment party;
(c) Rules adopting or incorporating by reference without material
change federal statutes or regulations, Washington state statutes,
rules of other Washington state agencies, shoreline master programs
other than those programs governing shorelines of statewide
significance, or, as referenced by Washington state law, national
consensus codes that generally establish industry standards, if the
material adopted or incorporated regulates the same subject matter and
conduct as the adopting or incorporating rule;
(d) Rules that only correct typographical errors, make address or
name changes, or clarify language of a rule without changing its
effect;
(e) Rules the content of which is explicitly and specifically
dictated by statute;
(f) Rules that set or adjust fees under the authority of RCW
19.02.075 or that set or adjust fees or rates pursuant to legislative
standards, including fees set or adjusted under the authority of RCW
19.80.045; or
(g) Rules that adopt, amend, or repeal:
(i) A procedure, practice, or requirement relating to agency
hearings; or
(ii) A filing or related process requirement for applying to an
agency for a license or permit.
Sec. 21 RCW 34.05.328 and 2010 c 112 s 15 are each amended to
read as follows:
(1) Before adopting a rule described in subsection (5) of this
section, an agency ((shall)) must:
(a) Clearly state in detail the general goals and specific
objectives of the statute that the rule implements;
(b) Determine that the rule is needed to achieve the general goals
and specific objectives stated under (a) of this subsection, and
analyze alternatives to rule making and the consequences of not
adopting the rule;
(c) Provide notification in the notice of proposed rule making
under RCW 34.05.320 that a preliminary cost-benefit analysis is
available. The preliminary cost-benefit analysis must fulfill the
requirements of the cost-benefit analysis under (d) of this subsection.
If the agency files a supplemental notice under RCW 34.05.340, the
supplemental notice ((shall)) must include notification that a revised
preliminary cost-benefit analysis is available. A final cost-benefit
analysis ((shall)) must be available when the rule is adopted under RCW
34.05.360;
(d) Determine that the probable benefits of the rule are greater
than its probable costs, taking into account both the qualitative and
quantitative benefits and costs and the specific directives of the
statute being implemented;
(e) Determine, after considering alternative versions of the rule
and the analysis required under (b), (c), and (d) of this subsection,
that the rule being adopted is the least burdensome alternative for
those required to comply with it that will achieve the general goals
and specific objectives stated under (a) of this subsection;
(f) Determine that the rule does not require those to whom it
applies to take an action that violates requirements of another federal
or state law;
(g) Determine that the rule does not impose more stringent
performance requirements on private entities than on public entities
unless required to do so by federal or state law;
(h) Determine if the rule differs from any federal regulation or
statute applicable to the same activity or subject matter and, if so,
determine that the difference is justified by the following:
(i) A state statute that explicitly allows the agency to differ
from federal standards; or
(ii) Substantial evidence that the difference is necessary to
achieve the general goals and specific objectives stated under (a) of
this subsection; and
(i) Coordinate the rule, to the maximum extent practicable, with
other federal, state, and local laws applicable to the same activity or
subject matter.
(2) In making its determinations pursuant to subsection (1)(b)
through (h) of this section, the agency ((shall)) must place in the
rule-making file documentation of sufficient quantity and quality so as
to persuade a reasonable person that the determinations are justified.
(3) Before adopting rules described in subsection (5) of this
section, an agency ((shall)) must place in the rule-making file a rule
implementation plan for rules filed under each adopting order. The
plan ((shall)) must describe how the agency intends to:
(a) Implement and enforce the rule, including a description of the
resources the agency intends to use;
(b) Inform and educate affected persons about the rule;
(c) Promote and assist voluntary compliance; and
(d) Evaluate whether the rule achieves the purpose for which it was
adopted, including, to the maximum extent practicable, the use of
interim milestones to assess progress and the use of objectively
measurable outcomes.
(4) After adopting a rule described in subsection (5) of this
section regulating the same activity or subject matter as another
provision of federal or state law, an agency ((shall)) must do all of
the following:
(a) Coordinate implementation and enforcement of the rule with the
other federal and state entities regulating the same activity or
subject matter by making every effort to do one or more of the
following:
(i) Deferring to the other entity;
(ii) Designating a lead agency; or
(iii) Entering into an agreement with the other entities specifying
how the agency and entities will coordinate implementation and
enforcement.
If the agency is unable to comply with this subsection (4)(a), the
agency ((shall)) must report to the legislature pursuant to (b) of this
subsection;
(b) Report to the joint administrative rules review committee:
(i) The existence of any overlap or duplication of other federal or
state laws, any differences from federal law, and any known overlap,
duplication, or conflict with local laws; and
(ii) Make recommendations for any legislation that may be necessary
to eliminate or mitigate any adverse effects of such overlap,
duplication, or difference.
(5)(a) Except as provided in (b) of this subsection, this section
applies to:
(i) Significant legislative rules of the departments of ecology,
labor and industries, health, revenue, social and health services, and
natural resources, the employment security department, the forest
practices board, the office of the insurance commissioner, and to the
legislative rules of the department of fish and wildlife implementing
chapter 77.55 RCW; and
(ii) Any rule of any agency, if this section is voluntarily made
applicable to the rule by the agency, or is made applicable to the rule
by a majority vote of the joint administrative rules review committee
within forty-five days of receiving the notice of proposed rule making
under RCW 34.05.320.
(b) This section does not apply to:
(i) Emergency rules adopted under RCW 34.05.350;
(ii) Rules relating only to internal governmental operations that
are not subject to violation by a nongovernment party;
(iii) Rules adopting or incorporating by reference without material
change federal statutes or regulations, Washington state statutes,
rules of other Washington state agencies, shoreline master programs
other than those programs governing shorelines of statewide
significance, or, as referenced by Washington state law, national
consensus codes that generally establish industry standards, if the
material adopted or incorporated regulates the same subject matter and
conduct as the adopting or incorporating rule;
(iv) Rules that only correct typographical errors, make address or
name changes, or clarify language of a rule without changing its
effect;
(v) Rules the content of which is explicitly and specifically
dictated by statute;
(vi) Rules that set or adjust fees under the authority of RCW
19.02.075 or that set or adjust fees or rates pursuant to legislative
standards, including fees set or adjusted under the authority of RCW
19.80.045;
(vii) Rules of the department of social and health services
relating only to client medical or financial eligibility and rules
concerning liability for care of dependents; or
(viii) Rules of the department of revenue that adopt a uniform
expiration date for reseller permits as authorized in RCW 82.32.780 and
82.32.783.
(c) For purposes of this subsection:
(i) A "procedural rule" is a rule that adopts, amends, or repeals
(A) any procedure, practice, or requirement relating to any agency
hearings; (B) any filing or related process requirement for making
application to an agency for a license or permit; or (C) any policy
statement pertaining to the consistent internal operations of an
agency.
(ii) An "interpretive rule" is a rule, the violation of which does
not subject a person to a penalty or sanction, that sets forth the
agency's interpretation of statutory provisions it administers.
(iii) A "significant legislative rule" is a rule other than a
procedural or interpretive rule that (A) adopts substantive provisions
of law pursuant to delegated legislative authority, the violation of
which subjects a violator of such rule to a penalty or sanction; (B)
establishes, alters, or revokes any qualification or standard for the
issuance, suspension, or revocation of a license or permit; or (C)
adopts a new, or makes significant amendments to, a policy or
regulatory program.
(d) In the notice of proposed rule making under RCW 34.05.320, an
agency ((shall)) must state whether this section applies to the
proposed rule pursuant to (a)(i) of this subsection, or if the agency
will apply this section voluntarily.
(6) By January 31, 1996, and by January 31st of each even-numbered
year thereafter, the office of financial management, after consulting
with state agencies, counties, and cities, and business, labor, and
environmental organizations, ((shall)) must report to the governor and
the legislature regarding the effects of this section on the regulatory
system in this state. The report ((shall)) must document:
(a) The rules proposed to which this section applied and to the
extent possible, how compliance with this section affected the
substance of the rule, if any, that the agency ultimately adopted;
(b) The costs incurred by state agencies in complying with this
section;
(c) Any legal action maintained based upon the alleged failure of
any agency to comply with this section, the costs to the state of such
action, and the result;
(d) The extent to which this section has adversely affected the
capacity of agencies to fulfill their legislatively prescribed mission;
(e) The extent to which this section has improved the acceptability
of state rules to those regulated; and
(f) Any other information considered by the office of financial
management to be useful in evaluating the effect of this section.
Sec. 22 RCW 35.21.392 and 2009 c 432 s 2 are each amended to read
as follows:
A city that issues a business license to a person required to be
registered under chapter 18.27 RCW may verify that the person is
registered under chapter 18.27 RCW and report violations to the
department of labor and industries. The department of ((licensing
shall)) revenue must conduct the verification for cities that
participate in the master license system.
Sec. 23 RCW 35A.21.340 and 2009 c 432 s 3 are each amended to
read as follows:
A city that issues a business license to a person required to be
registered under chapter 18.27 RCW may verify that the person is
registered under chapter 18.27 RCW and report violations to the
department of labor and industries. The department of ((licensing
shall)) revenue must conduct the verification for cities that
participate in the master license system.
Sec. 24 RCW 43.07.200 and 1982 c 182 s 12 are each amended to
read as follows:
((Not later than July 1, 1982, the secretary of state and the
director of licensing shall propose to the director of financial
management a contract and working agreement with accompanying fiscal
notes designating the business license center as the secretary of
state's agent for issuing all or a portion of the corporation renewals
within the jurisdiction of the secretary of state. The secretary of
state and the director of licensing shall submit the proposed contract
and accompanying fiscal notes to the legislature before October 1,
1982.)) The secretary of
state and the director of revenue may enter into agreements designating
the department of revenue as the secretary of state's agent for issuing
all or a portion of the legal entity renewals within the jurisdiction
of the secretary of state.
The secretary of state and the director of licensing shall jointly
submit to the legislature by January 10, 1983, a schedule for
designating the center as the secretary of state's agent for all such
corporate renewals not governed by the contract.
Sec. 25 RCW 43.24.150 and 2009 c 429 s 4, 2009 c 412 s 21, and
2009 c 370 s 19 are each reenacted and amended to read as follows:
(1) The business and professions account is created in the state
treasury. All receipts from business or professional licenses,
registrations, certifications, renewals, examinations, or civil
penalties assessed and collected by the department from the following
chapters must be deposited into the account:
(a) Chapter 18.11 RCW, auctioneers;
(b) Chapter 18.16 RCW, cosmetologists, barbers, and manicurists;
(c) Chapter 18.145 RCW, court reporters;
(d) Chapter 18.165 RCW, private investigators;
(e) Chapter 18.170 RCW, security guards;
(f) Chapter 18.185 RCW, bail bond agents;
(g) Chapter 18.280 RCW, home inspectors;
(h) Chapter 19.16 RCW, collection agencies;
(i) Chapter 19.31 RCW, employment agencies;
(j) Chapter 19.105 RCW, camping resorts;
(k) Chapter 19.138 RCW, sellers of travel;
(l) Chapter 42.44 RCW, notaries public;
(m) Chapter 64.36 RCW, timeshares;
(n) Chapter 67.08 RCW, boxing, martial arts, and wrestling; ((and))
(o) Chapter 18.300 RCW, body art, body piercing, and tattooing;
(p) Chapter 79A.60 RCW, whitewater river outfitters; and
(q) Chapter 19.158 RCW, commercial telephone solicitation.
Moneys in the account may be spent only after appropriation.
Expenditures from the account may be used only for expenses incurred in
carrying out these business and professions licensing activities of the
department. Any residue in the account ((shall)) must be accumulated
and ((shall)) may not revert to the general fund at the end of the
biennium.
(2) The director ((shall)) must biennially prepare a budget request
based on the anticipated costs of administering the business and
professions licensing activities listed in subsection (1) of this
section, which ((shall)) must include the estimated income from these
business and professions fees.
Sec. 26 RCW 46.68.060 and 2009 c 470 s 711 are each amended to
read as follows:
There is hereby created in the state treasury a fund to be known as
the highway safety fund to the credit of which ((shall)) must be
deposited all moneys directed by law to be deposited therein. This
fund ((shall)) must be used for carrying out the provisions of law
relating to driver licensing, driver improvement, financial
responsibility, cost of furnishing abstracts of driving records and
maintaining such case records, and to carry out the purposes set forth
in RCW 43.59.010, and chapters 46.72 and 46.72A RCW. During the 2007-2009 and 2009-2011 fiscal biennia, the legislature may transfer from
the highway safety fund to the motor vehicle fund and the multimodal
transportation account such amounts as reflect the excess fund balance
of the highway safety fund.
Sec. 27 RCW 46.72.110 and 2010 c 8 s 9091 are each amended to
read as follows:
All fees received by the director under the provisions of this
chapter ((shall)) must be transmitted by him or her, together with a
proper identifying report, to the state treasurer to be deposited by
the state treasurer in the highway safety fund. Appropriations from
the highway safety fund will support expenses incurred in carrying out
the licensing and regulatory activities of this chapter.
Sec. 28 RCW 46.72A.110 and 1996 c 87 s 14 are each amended to
read as follows:
The department ((shall)) must transmit all license and vehicle
certificate fees received under this chapter, together with a proper
identifying report, to the state treasurer to be deposited by the state
treasurer in the ((master license)) highway safety fund.
Appropriations from the highway safety fund will support expenses
incurred in carrying out the licensing and regulatory activities of
this chapter.
Sec. 29 RCW 59.30.010 and 2007 c 431 s 1 are each amended to read
as follows:
(1) The legislature finds that there are factors unique to the
relationship between a manufactured/mobile home tenant and a
manufactured/mobile home community landlord. Once occupancy has
commenced, the difficulty and expense in moving and relocating a
manufactured/mobile home can affect the operation of market forces and
lead to an inequality of the bargaining position of the parties. Once
occupancy has commenced, a tenant may be subject to violations of the
manufactured/mobile home landlord-tenant act without an adequate remedy
at law. This chapter is created for the purpose of protecting the
public, fostering fair and honest competition, and regulating the
factors unique to the relationship between the manufactured/mobile home
tenant and the manufactured/mobile home community landlord.
(2) The legislature finds that taking legal action against a
manufactured/mobile home community landlord for violations of the
manufactured/mobile home landlord-tenant act can be a costly and
lengthy process, and that many people cannot afford to pursue a court
process to vindicate statutory rights. Manufactured/mobile home
community landlords will also benefit by having access to a process
that resolves disputes quickly and efficiently.
(3)(a) Therefore, it is the intent of the legislature to provide an
equitable as well as a less costly and more efficient way for
manufactured/mobile home tenants and manufactured/mobile home community
landlords to resolve disputes, and to provide a mechanism for state
authorities to quickly locate manufactured/mobile home community
landlords.
(b) The legislature intends to authorize the department of
((licensing)) revenue to register manufactured/mobile home communities
and collect a registration fee.
(c) The legislature intends to authorize the attorney general to:
(i) Produce and distribute educational materials regarding the
manufactured/mobile home landlord-tenant act and the
manufactured/mobile home dispute resolution program created in RCW
59.30.030;
(ii) Administer the dispute resolution program by taking
complaints, conducting investigations, making determinations, issuing
fines and other penalties, and participating in administrative dispute
resolutions, when necessary, when there are alleged violations of the
manufactured/mobile home landlord-tenant act; and
(iii) Collect and annually report upon data related to disputes and
violations, and make recommendations on modifying chapter 59.20 RCW, to
the appropriate committees of the legislature.
Sec. 30 RCW 59.30.020 and 2007 c 431 s 2 are each amended to read
as follows:
((For purposes of this chapter:)) The definitions in this section
apply throughout this chapter unless the context clearly requires
otherwise.
(1) "Complainant" means a landlord, community owner, or tenant, who
has a complaint alleging a violation of chapter 59.20 RCW((;)).
(2) "Department" means the department of ((licensing;)) revenue.
(3) "Director" means the director of ((licensing;)) revenue.
(4) "Landlord" or "community owner" means the owner of a mobile
home park or a manufactured housing community and includes the agents
of a landlord((;)).
(5) "Manufactured home" means a single-family dwelling built
according to the United States department of housing and urban
development manufactured home construction and safety standards act,
which is a national preemptive building code. A manufactured home
also: (a) Includes plumbing, heating, air conditioning, and electrical
systems; (b) is built on a permanent chassis; and (c) can be
transported in one or more sections with each section at least eight
feet wide and forty feet long when transported, or when installed on
the site is three hundred twenty square feet or greater((;)).
(6) "Mobile home" means a factory-built dwelling built prior to
June 15, 1976, to standards other than the United States department of
housing and urban development code, and acceptable under applicable
state codes in effect at the time of construction or introduction of
the home into the state. Mobile homes have not been built since the
introduction of the United States department of housing and urban
development manufactured home construction and safety act((;)).
(7) "Manufactured/mobile home" means either a manufactured home or
a mobile home((;)).
(8) "Manufactured/mobile home lot" means a portion of a
manufactured/mobile home community designated as the location of one
mobile home, manufactured home, or park model and its accessory
buildings, and intended for the exclusive use as a primary residence by
the occupants of that mobile home, manufactured home, or park
model((;)).
(9) "Mobile home park," "manufactured housing community," or
"manufactured/mobile home community" means any real property that is
rented or held out for rent to others for the placement of two or more
mobile homes, manufactured homes, park models, or recreational vehicles
for the primary purpose of production of income, except where the real
property is rented or held out for rent for seasonal recreational
purposes only and is not used for year-round occupancy((;)).
(10) "Owner" means one or more persons, jointly or severally, in
whom is vested:
(a) All or part of the legal title to the real property; or
(b) All or part of the beneficial ownership, and a right to present
use and enjoyment of the real property((;)).
(11) "Park model" means a recreational vehicle intended for
permanent or semipermanent installation and is used as a permanent
residence((;)).
(12) "Recreational vehicle" means a travel trailer, motor home,
truck camper, or camping trailer that is primarily used as a permanent
residence located in a mobile home park or manufactured housing
community((;)).
(13) "Respondent" means a landlord, community owner, or tenant,
alleged to have committed (([a])) a violation of chapter 59.20
RCW((;)).
(14) "Tenant" means any person, except a transient as defined in
RCW 59.20.030, who rents a mobile home lot.
Sec. 31 RCW 59.30.050 and 2007 c 431 s 6 are each amended to read
as follows:
(1) The department ((shall)) must annually register all
manufactured/mobile home communities. Each community must be
registered separately. The department must deliver by certified mail
registration notifications to all known manufactured/mobile home
community landlords. Registration information packets must include:
(a) Registration forms; and
(b) Registration assessment information, including registration due
dates and late fees, and the collections procedures, liens, and
charging costs to tenants.
(2) To apply for registration, the landlord of a
manufactured/mobile home community must file with the department an
application for registration on a form provided by the department and
must pay a registration fee as described in subsection (3) of this
section. The department may require the submission of information
necessary to assist in identifying and locating a manufactured/mobile
home community and other information that may be useful to the state,
which must include, at a minimum:
(a) The names and addresses of the owners of the
manufactured/mobile home community;
(b) The name and address of the manufactured/mobile home community;
(c) The name and address of the landlord and manager of the
manufactured/mobile home community;
(d) The number of lots within the manufactured/mobile home
community that are subject to chapter 59.20 RCW; and
(e) The addresses of each manufactured/mobile home lot within the
manufactured/mobile home community that is subject to chapter 59.20
RCW.
(3) Each manufactured/mobile home community landlord ((shall)) must
pay to the department:
(a) A one-time master application fee for the first year of
registration and, in subsequent years, an annual master renewal
application fee, as provided in RCW 19.02.075; and
(b) An annual registration assessment of ten dollars for each
manufactured/mobile home that is subject to chapter 59.20 RCW within a
manufactured/mobile home community. Manufactured/mobile home community
landlords may charge a maximum of five dollars of this assessment to
tenants. Nine dollars of the registration assessment for each
manufactured/mobile home ((shall)) must be deposited into the
manufactured/mobile home dispute resolution program account created in
RCW 59.30.070 to fund the costs associated with the manufactured/mobile
home dispute resolution program. The remaining one dollar ((shall))
must be deposited into the master license fund created in RCW
19.02.210. The annual registration assessment must be reviewed once
each biennium by the department and the attorney general and may be
adjusted to reasonably relate to the cost of administering this
chapter. The registration assessment may not exceed ten dollars, but
if the assessment is reduced, the portion allocated to the
manufactured/mobile home dispute resolution program account and the
master license fund ((shall)) must be adjusted proportionately.
(4) Initial registrations of ((mobile/manufactured housing))
manufactured/mobile home communities must be filed ((with the
department)) before November 1, 2007, or within three months of the
availability of mobile home lots for rent within the community. The
manufactured/mobile home community is subject to a delinquency fee of
two hundred fifty dollars for late initial registrations. The
delinquency fee ((shall)) must be deposited in the master license fund.
Renewal registrations that are not renewed by the expiration date as
assigned by the department are subject to delinquency fees under RCW
19.02.085.
(5) Thirty days after sending late fee notices to a noncomplying
landlord, the department may ((refer the past due account to a
collection agency. If there is no response from a noncomplying
landlord after sixty days in collections, the department may file an
action to enforce payment of unpaid registration assessments and late
fees in the superior court for Thurston county or in the county in
which the manufactured/mobile home community is located. If the
department prevails, the manufactured/mobile home community landlord
shall pay the department's costs, including reasonable attorneys' fees,
for the enforcement proceedings)) issue a warrant under section 33 of
this act for the unpaid registration assessment and delinquency fee.
If a warrant is issued by the department under section 33 of this act,
the department must add a penalty of ten percent of the amount of the
unpaid registration assessment and delinquency fee, but not less than
ten dollars. The warrant penalty must be deposited into the master
license fund created in RCW 19.02.210. Chapter 82.32 RCW applies to
the collection of warrants issued under section 33 of this act.
(6) Registration is effective on the date determined by the
department, and the department ((shall)) must issue a registration
number to each registered manufactured/mobile home community. The
department must provide an expiration date, assigned by the department,
to each manufactured/mobile home community who registers.
Sec. 32 RCW 59.30.060 and 2007 c 431 s 7 are each amended to read
as follows:
The department must have the capability to compile, update, and
maintain the most accurate database possible of all the
manufactured/mobile home communities in the state, which must include
all of the information collected under RCW 59.30.050, except for the
addresses of each manufactured/mobile home lot within the
manufactured/mobile home community that is subject to chapter 59.20
RCW, which must be made available to the attorney general and the
department of ((community, trade, and economic development)) commerce
in a format to be determined by a collaborative agreement between the
department ((of licensing)) and the attorney general.
NEW SECTION. Sec. 33 A new section is added to chapter 59.30 RCW
to read as follows:
(1) If any registration assessment or delinquency fee is not paid
in full within thirty days after sending late fee notices to a
noncomplying landlord, the department may issue a warrant in the amount
of such unpaid sums, together with interest thereon from the date the
warrant is issued until the date of payment.
(2) Interest must be computed on a daily basis on the amount of
outstanding registration assessment and delinquency fee imposed under
RCW 59.30.050 at the rate as computed under RCW 82.32.050(2). The rate
so computed must be adjusted on the first day of January of each year
for use in computing interest for that calendar year. Interest must be
deposited in the master license fund created in RCW 19.02.210.
(3) The department may file a copy of the warrant with the clerk of
the superior court of any county of the state in which real or personal
property of the owner of the manufactured/mobile home community may be
found. The clerk is entitled to a filing fee under RCW 36.18.012(10).
Upon filing, the clerk must enter in the judgment docket the name of
the owner of the manufactured/mobile home community mentioned in the
warrant and the amount of the registration assessment and delinquency
fee, or portion thereof, and any increases and penalties for which the
warrant is issued, and the date when the copy is filed.
(4) The amount of the warrant so docketed becomes a lien upon the
title to, and interest in, all real and personal property of the owner
of the manufactured/mobile home community against whom the warrant is
issued the same as a judgment in a civil case duly docketed in the
office of the clerk. The warrant so docketed is sufficient to support
the issuance of writs of garnishment in favor of the state in the
manner provided by law in the case of judgments wholly or partially
unsatisfied.
(5) The lien is not superior to bona fide interests of third
persons that had vested prior to the filing of the warrant. The phrase
"bona fide interests of third persons" does not include any mortgage of
real or personal property or any other credit transaction that results
in the mortgagee or the holder of the security acting as trustee for
unsecured creditors of the owner of the manufactured/mobile home
community mentioned in the warrant who executed the chattel or real
property mortgage or the document evidencing the credit transaction.
Sec. 34 RCW 76.48.121 and 2009 c 245 s 13 are each amended to
read as follows:
Every first or secondary specialized forest products buyer
purchasing specialty wood and every specialty wood processor ((shall))
must prominently display ((a)) the master license issued ((by the
department of licensing)) under RCW 19.02.070 and endorsed with the
respective licenses or registrations or a copy of the master license at
each location where the buyer or processor receives specialty wood if
the first or secondary specialized forest products buyer or specialty
wood processor is required to possess a license incorporated into the
master license system created in chapter 19.02 RCW.
Sec. 35 RCW 79A.60.485 and 2000 c 11 s 110 are each amended to
read as follows:
The department of licensing may adopt and enforce such rules,
including the setting of fees, as may be consistent with and necessary
to implement RCW 79A.60.480. The fees must approximate the cost of
administration. The fees must be deposited in the ((master license
account)) business and professions account created in RCW 43.24.150.
Sec. 36 RCW 82.01.060 and 1995 c 403 s 106 are each amended to
read as follows:
The director of revenue, hereinafter in chapter 26, Laws of 1967
ex. sess. referred to as the director, through the department of
revenue, hereinafter in chapter 26, Laws of 1967 ex. sess. referred to
as the department, ((shall)) must:
(1) Assess and collect all taxes and administer all programs
relating to taxes which are the responsibility of the tax commission at
the time chapter 26, Laws of 1967 ex. sess. takes effect or which the
legislature may hereafter make the responsibility of the director or of
the department;
(2) Make, adopt and publish such rules as he or she may deem
necessary or desirable to carry out the powers and duties imposed upon
him or her or the department by the legislature((: PROVIDED, That)).
However, the director may not adopt rules after July 23, 1995, that are
based solely on a section of law stating a statute's intent or purpose,
on the enabling provisions of the statute establishing the agency, or
on any combination of such provisions, for statutory authority to adopt
any rule;
(3) Rules adopted by the tax commission before July 23, 1995,
((shall)) remain in force until such time as they may be revised or
rescinded by the director;
(4) Provide by general regulations for an adequate system of
departmental review of the actions of the department or of its officers
and employees in the assessment or collection of taxes;
(5) Maintain a tax research section with sufficient technical,
clerical and other employees to conduct constant observation and
investigation of the effectiveness and adequacy of the revenue laws of
this state and of the sister states in order to assist the governor,
the legislature and the director in estimation of revenue, analysis of
tax measures, and determination of the administrative feasibility of
proposed tax legislation and allied problems;
(6) Recommend to the governor such amendments, changes in, and
modifications of the revenue laws as seem proper and requisite to
remedy injustice and irregularities in taxation, and to facilitate the
assessment and collection of taxes in the most economical manner;
(7) Provide the opportunity for any person feeling aggrieved by any
action taken against the person by the department in the administration
of chapters 19.02, 19.80, and 59.30 RCW to request a review of the
department's action. Such review may be conducted as a brief
adjudicative proceeding under RCW 34.05.485 through 34.05.494.
Sec. 37 RCW 82.02.010 and 1979 c 107 s 9 are each amended to read
as follows:
For the purpose of this title, unless ((otherwise required by the
context)) the context clearly requires otherwise:
(1) "Department" means the department of revenue of the state of
Washington;
(2) ((The word)) "Director" means the director of the department of
revenue of the state of Washington;
(3) ((The word)) "Taxpayer" includes any individual, group of
individuals, corporation, or association liable for any tax or the
collection of any tax hereunder, or who engages in any business or
performs any act for which a tax is imposed by this title. "Taxpayer"
also includes any person liable for any fee or other charge collected
by the department under any provision of law, including registration
assessments and delinquency fees imposed under RCW 59.30.050; and
(4) Words in the singular number ((shall)) include the plural and
the plural ((shall)) include the singular. Words in one gender
((shall)) include all other genders.
Sec. 38 RCW 82.32.030 and 2007 c 6 s 202 are each amended to read
as follows:
(1) Except as provided in subsections (2) and (3) of this section,
if any person engages in any business or performs any act upon which a
tax is imposed by the preceding chapters, he or she ((shall)) must,
under such rules as the department ((of revenue shall)) prescribes,
apply for and obtain from the department a registration certificate.
Such registration certificate ((shall be)) is personal and
nontransferable and ((shall be)) is valid as long as the taxpayer
continues in business and pays the tax accrued to the state. In case
business is transacted at two or more separate places by one taxpayer,
a separate registration certificate for each place at which business is
transacted with the public ((shall be)) is required. Each certificate
((shall)) must be numbered and ((shall)) must show the name, residence,
and place and character of business of the taxpayer and such other
information as the department of revenue deems necessary and ((shall))
must be posted in a conspicuous place at the place of business for
which it is issued. Where a place of business of the taxpayer is
changed, the taxpayer must return to the department the existing
certificate, and a new certificate will be issued for the new place of
business. No person required to be registered under this section
((shall)) may engage in any business taxable hereunder without first
being so registered. The department, by rule, may provide for the
issuance of certificates of registration to temporary places of
business.
(2) Unless the person is a dealer as defined in RCW 9.41.010,
registration under this section is not required if the following
conditions are met:
(a) A person's value of products, gross proceeds of sales, or gross
income of the business, from all business activities taxable under
chapter 82.04 RCW, is less than twelve thousand dollars per year;
(b) The person's gross income of the business from all activities
taxable under chapter 82.16 RCW is less than twelve thousand dollars
per year;
(c) The person is not required to collect or pay to the department
of revenue any other tax or fee which the department is authorized to
collect; and
(d) The person is not otherwise required to obtain a license
subject to the master application procedure provided in chapter 19.02
RCW.
(3) All persons who agree to collect and remit sales and use tax to
the department under the agreement must register through the central
registration system authorized under the agreement. Persons required
to register under subsection (1) of this section are not relieved of
that requirement because of registration under this subsection (3).
(4) Persons registered under subsection (3) of this section who are
not required to register under subsection (1) of this section and who
are not otherwise subject to the requirements of chapter 19.02 RCW are
not subject to the fees imposed by the department under the authority
of RCW 19.02.075.
Sec. 39 RCW 90.76.010 and 2007 c 147 s 2 are each amended to read
as follows:
((Unless the context clearly requires otherwise,)) (1) The
definitions in this section apply throughout this chapter unless the
context clearly requires otherwise.
(((1))) (a) "Department" means the department of ecology.
(((2))) (b) "Director" means the director of the department.
(((3))) (c) "Facility compliance tag" means a marker, constructed
of metal, plastic, or other durable material, that clearly identifies
all qualifying underground storage tanks on the particular site for
which it is issued.
(((4))) (d) "Federal act" means the federal resource conservation
and recovery act, as amended (42 U.S.C. Sec. 6901, et seq.).
(((5))) (e) "Federal regulations" means the underground storage
tanks regulations (40 C.F.R. Secs. 280 and 281) adopted by the United
States environmental protection agency under the federal act.
(((6))) (f) "License" means the master business license underground
storage tank endorsement issued by the department of ((licensing))
revenue.
(((7))) (g) "Underground storage tank compliance act of 2005" means
Title XV and subtitle B of P.L. 109-58 (42 U.S.C. Sec. 15801 et seq.)
which have amended the federal resource conservation and recovery act's
subtitle I.
(((8))) (h) "Underground storage tank system" means an underground
storage tank, connected underground piping, underground ancillary
equipment, and containment system, if any.
(2) Except as provided in this section and any rules adopted by the
department under this chapter, the definitions contained in the federal
regulations apply to the terms in this chapter.
Sec. 40 RCW 90.76.020 and 2007 c 147 s 3 are each amended to read
as follows:
(1) The department ((shall)) must adopt rules establishing
requirements for all underground storage tanks that are regulated under
the federal act, taking into account the various classes or categories
of tanks to be regulated. The rules must be consistent with and no
less stringent than the federal regulations and the underground storage
tank compliance act of 2005 and consist of requirements for the
following:
(a) New underground storage tank system design, construction,
installation, and notification;
(b) Upgrading existing underground storage tank systems;
(c) General operating requirements;
(d) Release detection;
(e) Release reporting;
(f) Out-of-service underground storage tank systems and closure;
(g) Financial responsibility for underground storage tanks
containing regulated substances; and
(h) Groundwater protection measures, including secondary
containment and monitoring for installation or replacement of all
underground storage tank systems or components, such as tanks and
piping, installed after July 1, 2007, and under dispenser spill
containment for installation or replacement of all dispenser systems
installed after July 1, 2007.
(2) The department ((shall)) must adopt rules:
(a) Establishing physical site criteria to be used in designating
local environmentally sensitive areas;
(b) Establishing procedures for local government application for
this designation; and
(c) Establishing procedures for local government adoption and
department approval of rules more stringent than the statewide
standards in these designated areas.
(3) The department ((shall)) must establish by rule an
administrative and enforcement program that is consistent with and no
less stringent than the program required under the federal regulations
in the areas of:
(a) Compliance monitoring, including procedures for recordkeeping
and a program for systematic inspections;
(b) Enforcement;
(c) Public participation;
(d) Information sharing;
(e) Owner and operator training; and
(f) Delivery prohibition for underground storage tank systems or
facilities that are determined by the department to be ineligible to
receive regulated substances.
(4) The department ((shall)) must establish a program that provides
for the annual licensing of underground storage tanks. The license
((shall)) must take the form of a tank endorsement on the facility's
annual master business license issued by the department of
((licensing)) revenue. A tank is not eligible for a license unless the
owner or operator can demonstrate compliance with the requirements of
this chapter and the annual tank fees have been remitted. The
department may revoke a tank license if a facility is not in compliance
with this chapter, or any rules adopted under this chapter. The master
business license ((shall)) must be displayed by the tank owner or
operator in a location clearly identifiable.
(5)(a) The department ((shall)) must issue a one-time "facility
compliance tag" to underground storage tank facilities that have
installed the equipment required to meet corrosion protection, spill
prevention, overfill prevention, leak detection standards, have
demonstrated financial responsibility, and have paid annual tank fees.
The facility ((shall)) must continue to maintain compliance with
corrosion protection, spill prevention, overfill prevention(([,])), and
leak detection standards, financial responsibility, and have remitted
annual tank fees to display a facility compliance tag. The facility
compliance tag ((shall)) must be displayed on or near the fire
emergency shutoff device, or in the absence of such a device in close
proximity to the fill pipes and clearly identifiable to persons
delivering regulated substance to underground storage tanks.
(b) The department may revoke a facility compliance tag if a
facility is not in compliance with the requirements of this chapter, or
any rules adopted under this chapter.
(6) The department may place a red tag on a tank at a facility if
the department determines that the owner or operator is not in
compliance with this chapter or the rules adopted under this chapter
regarding the compliance requirements related to that tank. Removal of
a red tag without authorization from the department is a violation of
this chapter.
(7) The department may establish programs to certify persons who
install or decommission underground storage tank systems or conduct
inspections, testing, closure, cathodic protection, interior tank
lining, corrective action, site assessments, or other activities
required under this chapter. Certification programs ((shall)) must be
designed to ensure that each certification will be effective in all
jurisdictions of the state.
(8) When adopting rules under this chapter, the department
((shall)) must consult with the state building code council to ensure
coordination with the building and fire codes adopted under chapter
19.27 RCW.
NEW SECTION. Sec. 41 RCW 19.02.901 and 19.02.910 are each
decodified.
NEW SECTION. Sec. 42 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.
NEW SECTION. Sec. 43 This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the
state government and its existing public institutions, and takes effect
July 1, 2011.