HOUSE BILL REPORT

SSB 5009

As Amended by the House

BYSenate Committee on Transportation (originally sponsored by Senator Anderson)

Amending the list of vessels not required to be registered under chapter 88.02 RCW.

House Committe on Transportation

Majority Report:  Do pass with amendments.  (17)

      Signed by Representatives Walk, Chair; Betrozoff, Cooper, Day, G. Fisher, Haugen, Heavey, Jones, Kremen, R. Meyers, Nelson, Prentice, Smith, D. Sommers, Todd, Walker and Zellinsky.

Minority Report:  Do not pass.  (1)

      Signed by Representative R. Fisher.

House Staff:Mary McLaughlin (786-7309)

Rereferred House Committee on Revenue

Majority Report:  Do pass as amended by Committee on Transportation.  (15)

      Signed by Representatives Wang, Chair;  Pruitt, Vice Chair; Holland, Ranking Republican Member; Horn, Assistant Ranking Republican Member; Appelwick, Brumsickle, Fraser, Grant, Haugen, Morris, Phillips, Rust, Silver, H. Sommers and Van Luven.

House Staff:      Rick Wickman and Bob Longman (786-7136)

AS PASSED HOUSE APRIL 6, 1989

BACKGROUND:

Under the current state boat registration program, a vessel that is owned by a resident of a foreign country is exempt from Washington's boat registration program as long as the vessel is not located within Washington's waters for more than 60 days.

Many Canadian boats with valid foreign registries or a U.S. Customs Service cruising license are moored at Point Roberts, Blaine and Bellingham.  Several Canadian boats have been cited for not having a Washington numbering system.  This incident has raised several legal questions with regard to when and if maritime law supersedes state law.

Customs law prohibits the placing of any marking on a foreign vessel that would indicate the boat is a U.S.-owned vessel.  Requiring a foreign vessel to display state boat registration numbers may be in direct violation of Customs law.  Customs also allows foreign pleasure boats to purchase a Customs cruising license which permits the vessel to move freely in and out of the United States for one year without having to conform with Customs law.  The permit is $26, valid for one year and may be renewed annually.  It is doubtful that the state can burden this permission by requiring full registration.  There is also an international agreement that requires vessels to be registered only in one jurisdiction.

A vessel owned by a resident of another state which is located in Washington's waters for more than 60 days is subject to Washington's boat registration laws.  If the vessel is located in this state's waters for purposes of reconstruction, repair or related testing, registration is required if the construction or testing period exceeds 60 days.

SUMMARY:

A vessel registered or numbered in another country or having a U.S. Customs cruising license is exempt from Washington State boating registration laws.

The provision requiring a foreign vessel located in state waters for more than 60 days to be registered is deleted.

A vessel owned by a resident of another state which is located on the waters of this state exclusively for reconstruction, repairs, or related testing is exempt from registration.  If the vessel is located on Washington waters for more than 60 days, the nonresident owner must file an affidavit with the Department of Revenue verifying that the vessel is in this state exclusively for the purpose of reconstruction, repair or testing.  A new affidavit must be filed every 60 days thereafter until such time as the vessel leaves Washington waters.

Revenue:    The bill has a revenue impact.

Fiscal Note:      Available.

House Committee ‑ Testified For:    (Transportation) George Prescott, Northwest Marine Trade Association.

(Revenue)Stephanie Ross, Point Roberts.

House Committee - Testified Against:      (Transportation) None Presented.

(Revenue) None Presented.

House Committee - Testimony For:    (Transportation) This exemption brings the Washington boat registration law into compliance with federal maritime laws.

(Revenue) State law cannot supersede maritime law requiring state registration of vessels from outside the United States.  Vessels from outside the United States must only be registered in the country of origin.

House Committee - Testimony Against:      (Transportation) None Presented.

(Revenue) None Presented.