(1) No person may individually, or in conjunction or cooperation with another person act as a facilitator unless that person is:

     (a) A tax preparer or works for a person that engages in the business of tax preparation;

     (b) Accepted by the internal revenue service as an authorized IRS e-file provider; and

     (c) Registered with the department as a facilitator. The director may prescribe the registration form.

     (2) A person is registered as a facilitator by providing the department, on or before December 31st of each year with:

     (a) A list of authorized IRS e-file providers in the state of Washington for the current tax filing year; and

     (b) A thirty-five dollar processing fee for each authorized e-file provider on the list.

     (3) After the December 31st deadline, a facilitator may amend the registration required in subsection (2) of this section to reflect additions or deletions of office locations or e-file providers authorized by the internal revenue service.

     (4) The department shall make available to the public a list of all facilitators registered under this section.

     (5) This section does not apply to a person doing business as a bank, thrift, savings association, industrial bank, or credit union, operating under the laws of the United States or this state, an affiliate that is a servicer for such an entity, or any person who acts solely as an intermediary and does not deal with a taxpayer in the making of the refund anticipation loan.

     (6) This chapter shall preempt and be exclusive of all local acts, statutes, ordinances, and regulations relating to refund anticipation loans. This subsection shall be given retroactive and prospective effect.

[2005 c 471 § 3.]