Preproposal statement of inquiry was filed as WSR 98-09-076.

Title of Rule: Camping resorts fees.

Purpose: To adjust fees in order to defray the cost of administering the camping resort program.

Statutory Authority for Adoption: RCW 19.105.411, 43.24.086, chapter 346, Laws of 1998.

Statute Being Implemented: RCW 19.105.411, 43.24.086.

Summary: The camping resort rule amendment proposes to adjust fees to cover the actual cost of doing business as required by RCW 43.24.086, which requires each business and profession program to be self-supporting.

Reasons Supporting Proposal: The fee adjustment will assist in reducing the revenue deficit in administering the issuance of camping resort licenses.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Michael Schneider, Department of Licensing, Olympia, Washington, (360) 586-4575.

Name of Proponent: Department of Licensing, Business and Professions Division, Camping Resorts Section, P.O. Box 9020, Olympia, WA 98507-9020, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The camping resort rule amendment proposes to adjust fees to cover the actual cost of doing business as required by RCW 43.24.086, which requires each business and profession program to be self-supporting. The fee adjustment will assist in reducing the revenue deficit in administering the issuance of camping resort licenses.

Proposal Changes the Following Existing Rules: Changes fees.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

Proposed amendment to WAC 308-420-240 Camping resorts fees and charges.

Background: The Department of Licensing, Business and Professions Division, is proposing licensing and renewal fee increases for camping resorts.

RCW 43.24.086 states that all professional licensing programs are to be self-supporting. A review of the budget/revenue for the 97-99 biennium shows that the camping resorts program is not meeting that criteria and will continue to have less revenue than allotment in the future.

Summary of Amendments: Currently there are eight camping resorts licensed in Washington state. All new businesses will pay an additional $240 original registration fee and a fee of $40 for each additional camping resort in the state. Existing licensees will pay an additional $80 annual renewal and $30 for renewal of each additional resort in the state.

Recordkeeping and Compliance: No impact to reporting, recordkeeping and other compliance requirements of the proposed rule to small business.

Professional Services Needed: No impact to professional services or use.

Industry Impacted: The industry affected will be the sporting and recreational camps. The industry has a total of eight businesses, five of which are small.

Cost of Compliance: The gross business income for all eight licensees is $7,645,526 based upon information from the Department of Revenue. The average cost per $100 of sales is $0.01. See spreadsheet below for break down of cost to each business.

Comparison of Cost: Cost per $100 of sales is negligible for both large and small businesses.

AMENDATORY SECTION (Amending WSR 91-01-082, filed 12/17/90, effective 1/17/91)

WAC 308-420-240  Fees and charges. The following fees shall be paid under the provisions of chapter 19.105 RCW:

(1) Registration fees: Applicants filing an original registration shall pay a basic fee of ((three thousand dollars)) $3,240.00 for one camping resort. For each additional camping resort in this state a fee of (($500.00)) $540.00 shall be paid.

(2) Contract fees: In addition to the registration fees, registrants shall pay fees for each grouping of contracts in the registration as provided in the following schedule:

(a) One to five hundred contracts - $500.00.

(b) Each additional 500 contracts, or fraction thereof $100.00 shall be paid.

(3) Renewal fees: Each application for an annual renewal shall be accompanied by a fee of ((one thousand dollars)) $1,080.00 for one resort plus ((three hundred fifty dollars)) $380.00 for each additional resort in this state, plus the prescribed contract fees in subsection (2) of this section for each grouping of contracts authorized for sale during the registration period. A late fee of eight hundred dollars shall be assessed.

(4) Fees for amending registration and public offering statements:

(a) For each amendment of registration or the public offering statement, pursuant to RCW 19.105.420, not requiring an examination of documentation for adding campgrounds or additional contracts to the registration, a fee of fifty dollars shall be paid.

(b) Amendment for the establishment of an additional campground into the registration, for which an examination of documentation is required exclusive of any other fees owed under this rule, a fee of one thousand five hundred dollars shall be paid. A penalty fee of one hundred dollars shall be assessed and paid for failure to file an amendment within 30 days of the occurrence of a material change as defined in WAC 308-420-030 or 308-420-040.

(5) Fees for impounds, escrows, trusts and depositories: For each impound, escrow, trust, or other arrangement requiring agency monitoring for purposes of satisfying the provisions of RCW 19.105.340 and 19.105.350, the initial fee for establishing the impound, escrow, trust or other arrangement shall be two hundred fifty dollars and the fee for each required periodic report shall be twenty dollars.

(6) Fees and advertisement filings:

(a) For each individual advertisement filed with the department, there shall be a fee of fifty dollars paid at the time of the initial submission of the advertisement to the department. Should a registrant fail to submit a required filing of an advertisement or advertisements in a timely manner, the fifty dollar fee for each advertisement shall be collected from the registrant, even if the advertisement or advertisements at issue are no longer in use or being disseminated.

(b) Registrants or applicant submitting an advertisement or advertisements involving no examination of campground instruments and which are for the purpose of marketing surveys or feasibility studies shall pay a fee of seventy-five dollars.

(7) Inspection fees: Applicants and registrants shall pay the costs of site inspections. The inspection fee shall be paid within 30 days of the inspection. The inspection fee shall be the actual cost to the agency for conducting the inspection. The inspection fees must be paid prior to the processing of a registration, a renewal of registration, or amendment seeking addition of a campground to a program.

(8) Salesperson fees: Applicants for registration as camping resort salespersons shall pay an initial application renewal, or transfer fee of one hundred dollars. Failure to renew a salesperson registration within 30 days after expiration shall result in termination of the registration and a new application for registration must be made. A duplicate registration fee is $35.00.

(9) Fees for exemptions and exemption applications: For a review of an application for exemption under RCW 19.105.320(2), the applicant shall submit a fee of one hundred fifty dollars. If the exemption request is denied, the registrant shall be given credit for the one hundred fifty dollars fee submitted toward the registration fee under subsection (1) of this section.

(10) All fees are nonrefundable after the application has been received.

(11) All fees shall be paid to the order of the Washington state treasurer.

[Statutory Authority: RCW 19.105.130. 91-01-082, § 308-420-240, filed 12/17/90, effective 1/17/91. Formerly WAC 460-90A-145.]