PROPOSED RULES
(Uniform Commercial Code)
Original Notice.
Preproposal statement of inquiry was filed as WSR 99-15-091 and proposal is exempt under RCW 34.05.310(4).
Title of Rule: WAC 308-400-095 Fees.
Purpose: Amend rules to include fee increases within limits of I-601 for UCC filings and searches.
Statutory Authority for Adoption: Chapters 62A.9, 60.11, 60.13, and 60.68 RCW.
Statute Being Implemented: RCW 62A.9-409, 60.11.040, 60.13.040, and chapter 60.68 RCW.
Summary: Amend rule language to reflect fee increase within I-601 limitations.
Reasons Supporting Proposal: RCW 62A.9-409, and chapters 60.11, 60.13, and 60.68 RCW give the department authority to prescribe all filing forms, fees, and procedures for filing with and obtaining information from filing officers. Fees are being increased to support the cost of program operations.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Jon Donnellan, 405 Black Lake Boulevard, Olympia, WA, (360) 586-4905.
Name of Proponent: Department of Licensing, Uniform Commercial Code, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: WAC 308-400-095 Fees. Amends rule to reflect fee increases for UCC filing and searches. The anticipated UCC program revenues are less than anticipated expenditures. The program must be self-supporting so fees need to be increased to produce additional revenue.
Proposal Changes the Following Existing Rules: Amends rule language of WAC 308-400-095 to reflect fee increases for filings and searches.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Increased filing and search fees are minimal (less than $1.00) and are in compliance with I-601 fiscal year growth factor.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption.
Hearing Location: Department of Licensing, Business and Professions Division, 405 Black Lake Boulevard, Building #2, Conference Room #1, Olympia, WA 98502, on October 26, 1999, at 1:30 p.m.
Assistance for Persons with Disabilities: Contact Theresa Layne by October 15, 1999, TDD (360) 586-2788, or (360) 753-2523.
Submit Written Comments to: Jon Donnellan, Administrator, Uniform Commercial Code, P.O. Box 9660, Olympia, WA 98507-9660, fax (360) 664-2550, by October 21, 1999.
Date of Intended Adoption: October 29, 1999.
September 16, 1999
Jon Donnellan
Administrator
OTS-3337.2
AMENDATORY SECTION(Amending WSR 99-06-003, filed 2/18/99,
effective 4/1/99)
WAC 308-400-095
Fees.
(1) Beginning ((July 1, 1993))
December 1, 1999, a fee of twelve dollars and ((fifty))
ninety-one cents shall be charged for filing and indexing each of
the following types of statements:
(a) Original financing statement pursuant to RCW 62A.9-403;
(b) Deed of trust or mortgage pursuant to RCW 62A.9-302;
(c) Continuation statement pursuant to RCW 62A.9-403;
(d) Separate statement of assignment pursuant to RCW 62A.9-405;
(e) Statement of partial release pursuant to RCW 62A.9-406;
(f) Statement of amendment pursuant to RCW 62A.9-402;
(g) Processor or preparer lien pursuant to chapter 60.13 RCW;
(h) Crop lien pursuant to chapter 60.11 RCW;
(i) Notice of federal tax lien pursuant to chapter 60.68 RCW.
(2) A fee of ((seventeen)) eighteen dollars and ((seventy))
twenty-eight cents shall be charged for a certificate of
information pursuant to RCW 62A.9-407.
(3) A fee of twenty-five dollars and eighty-three cents shall be charged for certificate of information and copies of any filed financing and related statements naming a particular debtor.
(4) An additional fee shall be charged for each page transmitted to the purchaser by facsimile. The fee amount shall be one dollar per page for the first five pages, and fifty cents per page for the sixth page and subsequent pages.
(5) A fee of two dollars shall be charged for each debtor name look up.
(6) A fee of one dollar shall be charged for each computer printout of filing information.
(7) A fee of two dollars shall be charged for each microfilm copy.
(8) A fee of two dollars shall be charged for the certification of each document copy.
(9) Data base information shall be made available on magnetic tape and microfilm pursuant to contract between the department and purchaser. Costs will be specified in the contract.
[Statutory Authority: Chapters 62A.9, 60.11, 60.13, and 60.68 RCW. 99-06-003, § 308-400-095, filed 2/18/99, effective 4/1/99. Statutory Authority: RCW 43.24.086, 62A.9-409, 60.11.040, 60.13.040 and 60.68.035. 93-01-061, § 308-400-095, filed 12/11/92, effective 7/1/93. Statutory Authority: RCW 62A.9-409(1) and 36.18.010. 90-04-050, § 308-400-095, filed 2/1/90, effective 3/4/90. Statutory Authority: RCW 62A.9-409(1), 60.11.040(3), 60.13.040 (2)(f), 60.68.035(2) and 34.05.220. 89-24-022, § 308-400-095, filed 11/30/89, effective 12/31/89. Statutory Authority: RCW 62A.9-409, 60.11.040, 60.13.040 and chapter 60.68 RCW as amended by 1988 c 73. 89-06-078 (Order BLS 130), § 308-400-095, filed 3/1/89. Statutory Authority: RCW 60.11.040, 62A.9-409 as amended by 1987 c 189 § 6, RCW 60.13.040 as amended by 1987 c 189 § 7 and 1987 c 148 § 3. 87-16-059 (Order BLS 115), § 308-400-095, filed 7/30/87.]