Original Notice.

Preproposal statement of inquiry was filed as WSR 99-17-027; and proposal is exempt under RCW 34.05.310(4).

Title of Rule: WAC 308-400-030 Definitions and 308-400-095 Fees.

Purpose: Amend rules to include a definition of standard and nonstandard UCC filing forms. Establish fee for nonstandard filing form in rule. Establish fee for handling additional pages exceeding actual filing forms of two pages in length.

Statutory Authority for Adoption: RCW 62A.9-409, chapters 60.11, 60.13, and 60.68 RCW.

Statute Being Implemented: RCW 62A.9-409, 60.11.040, 60.13.040, and 60.68.035.

Summary: Amend rule language to include standards and nonstandard filing form definitions. Amend rule language to establish a nonstandard form fee and fee for additional pages attached to filing.

Reasons Supporting Proposal: The UCC program is moving toward new technology in order to meet the requirements of proposed Article 9 changes, reduce repetitive processes, allow for electronic filing, and electronic payment of filing fees. The use of new technology demands the standardization of forms for the automated and expedient processing of filings. A nonstandard form fee is needed in order that there is a fee commensurate with the increased handling required for these nonstandard forms. An additional page fee is required for handling forms exceeding two pages in length.

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: The UCC program is confronting the implementation of new technology in order to meet the proposed requirements of revised Article 9 dealing with Uniform Commercial Code, as well as electronic filings, and the electronic payment of filing fees. The program needs to position itself for the implementation of automated technology by standardizing its filing forms. The program is defining standard forms and nonstandard forms in order to meet new software process requirements. The program needs to establish fees that will cover the costs of the additional handling and processing that will be required for any nonstandard filing forms. The program also needs to establish fees for additional pages to cover the staff time needed to process these pages.

A definition to establish form standards and the additional fees will help the program to meet the proposed Article 9 provisions, provide an alternative medium to file UCC documents, and continue to position the program to be self-supporting.

Proposal Changes the Following Existing Rules: Amends rule language of WAC 308-400-030 to include definitions for standard filing and nonstandard filing forms. Amends rule language of WAC 308-400-095 to include a nonstandard filing fee and fee for additional pages attached to filing form.

No small business economic impact statement has been prepared under chapter 19.85 RCW. Fees are minimal and necessary to comply with upcoming changes to Article 9.

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 December 21, 1999, at 8:30 a.m.

Assistance for Persons with Disabilities: Contact Theresa Layne by December 13, 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 December 15, 1999.

Date of Intended Adoption: December 23, 1999.

October 26, 1999

Jon Donnellan

Administrator

OTS-3565.1

AMENDATORY SECTION(Amending WSR 99-06-003, filed 2/18/99, effective 4/1/99)

WAC 308-400-030
Definitions.

As used in this regulation: "Filing officer" means the director of the department of licensing or the county auditor or any person commissioned by them to act on their behalf in a Uniform Commercial Code or crop lien or processor or preparer filing procedure.

"Person" includes groups of persons, corporations, cooperatives, business trusts and all other entities capable of holding title to property.

"Filings" includes all financing statements and related documents, or documents submitted to a filing officer in lieu of financing statements under Title 62A RCW and chapters 60.11, 60.13, and 60.68 RCW.

"Claimant" means a person who claims or asserts a right, demand, or claim.

"Secured" means supported or backed by security or collateral.

"Standard filing form" means the filing form that meets the requirements regarding specifications, dimensions, and location of information as approved by the department of licensing. A UCC form approved by the International Association of Corporation Administrators is approved as a standard filing form.

"Nonstandard filing form" means any filing form that does not meet the standard filing form requirements regarding specifications, dimensions, and location of information as approved by the department of licensing.

[Statutory Authority: Chapters 62A.9, 60.11, 60.13, and 60.68 RCW. 99-06-003, § 308-400-030, filed 2/18/99, effective 4/1/99.  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), § 308-400-030, filed 3/1/89.  Statutory Authority: RCW 62A.9-408(1) and 60.11.040(3).  86-24-055 (Order BLS 105), § 308-400-030, filed 12/2/86, effective 1/1/87.  Statutory Authority: RCW 62A.9-409(1).  82-05-014 (Order 659-DOL), § 308-400-030, filed 2/9/82.  Formerly WAC 434-16-030.]

(1) Beginning July 1, 1993, a standard filing fee of twelve dollars and fifty cents shall be charged for filing and indexing each of the following ((types of statements:)) statement types of standard filing forms up to two pages in length. A fee of one dollar per page shall be charged for each additional page.

(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 nonstandard filing fee at a rate double the standard filing fee shall be charged for the filing and indexing of each statement on a nonstandard filing form up to two pages in length, pursuant to RCW 62A.9-409, 60.11.040, 60.13.040, and chapter 60.68 RCW. A fee of one dollar per page shall be charged for each additional page.

(3) A fee of seventeen dollars and seventy cents shall be charged for a certificate of information pursuant to RCW 62A.9-407.

(((3))) (4) A fee of twenty-five dollars shall be charged for certificate of information and copies of any filed financing and related statements naming a particular debtor.

(((4))) (5) 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))) (6) A fee of two dollars shall be charged for each debtor name look up.

(((6))) (7) A fee of one dollar shall be charged for each computer printout of filing information.

(((7))) (8) A fee of two dollars shall be charged for each microfilm copy.

(((8))) (9) A fee of two dollars shall be charged for the certification of each document copy.

(((9))) (10) 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.]

© Washington State Code Reviser's Office