WSR 99-02-012

PROPOSED RULES

DEPARTMENT OF LICENSING

[Filed December 28, 1998, 3:03 p.m.]



Original Notice.

Preproposal statement of inquiry was filed as WSR 98-16-072.

Title of Rule: Vessel registration and certificate of title.

Purpose: 1. To meet the criteria set forth in Governor Locke's Executive Order 97-02.

2. To clarify rules and help make them more comprehensible.

Statutory Authority for Adoption: RCW 88.02.070 and 88.02.100.

Summary: Amending WAC 308-93-520 Owner deceased--Community property agreement, 308-93-530 Owner incompetent and 308-93-540 Owner bankrupt; and repealing WAC 308-93-550 Owner deceased--Signature of personal representative, 308-93-560 Owner deceased--Estate administered, 308-93-570 Owner deceased--No will left, 308-93-580 Owner deceased--To spouse "in lieu of homestead," 308-93-590 Owner deceased--In name of estate, and 308-93-600 Owner deceased--Estate not administered.

Reasons Supporting Proposal: Meet criteria supporting Governor Locke's Executive Order 97-02.

Name of Agency Personnel Responsible for Drafting: Patrick J. Zlateff, 1125 Washington Street S.E., Olympia, 902-3718; Implementation: Nancy Kelly, 1125 Washington Street S.E., Olympia, 902-3754; and Enforcement: Eric Andersen, 1125 Washington Street S.E., Olympia, 902-4045.

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

Explanation of Rule, its Purpose, and Anticipated Effects: Disposition of vessels when owner is deceased, incompetent or bankrupt.

The anticipated effects will be a clarification of the above-mentioned requirements.

Proposal Changes the Following Existing Rules: Clarify sections needed and repeal those no longer required.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required pursuant to RCW 19.85.030 (1)(a). The proposed rule making does not impose more than a minor cost on businesses in an industry.

RCW 34.05.328 does not apply to this rule adoption. The contents of the proposed rules are explicitly and specifically dictated by statute.

Hearing Location: Highways-Licenses Building, Conference Room 303, 1125 Washington Street S.E., Olympia, WA 98507, on February 9, 1999, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Patrick J. Zlateff by February 8, 1999, TDD (360) 664-8885, or (360) 902-3718.

Submit Written Comments to: Patrick J. Zlateff, Rules Coordinator, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, fax (360) 664-0831, by February 8, 1999.

Date of Intended Adoption: March 8, 1999.

December 28, 1998

Nancy Kelly, Administrator

Title and Registration Services

by Phyllis Mercer

OTS-2725.1

AMENDATORY SECTION (Amending Order 736-DOL, filed 11/18/83)



WAC 308-93-520  Owner deceased--((Community property agreement)) Release of interest by personal representative. ((If the prior owner of record of a vessel is deceased and a valid community property agreement exists, the surviving spouse may release the interest of the deceased's estate in the vessel. The following shall be attached to any application for certificate of title:

(1) A copy of the community property agreement;

(2) A certified copy of the death certificate.)) (1) What is a personal representative?

A personal representative is an individual named in the last will and testament or appointed and confirmed by the court to manage the estate of a deceased person.

(2) How is the interest of the owner of record released on a vessel ownership document if an owner is deceased?

Interest is released by the signature of the personal representative on vessel ownership documents. Any unreleased registered or legal owners shall remain as such on the new certificate of ownership issued by the department.

(3) What do I need as proof of legal authority to release interest in a vessel acquired from an estate of a deceased person?

If the estate is:

(a) Administered:

(i) Certified letters of testamentary; or

(ii) Letter of administration; or

(iii) Certificate of county clerk.

(b) Joint tenants with rights of survivorship:

Certified copy of death certificate.

(c) Community property:

(i) Certified copy of the death certificate; and

(ii) A copy of the community property agreement; or

(iii) Affidavit of inheritance.

(d) Estate not administered:

(i) Certified copy of death certificate; and

(ii) Affidavit of inheritance; or

(iii) Affidavit of succession.



[Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. 83-23-076 (Order 736-DOL), § 308-93-520, filed 11/18/83.]



AMENDATORY SECTION (Amending Order 736-DOL, filed 11/18/83)



WAC 308-93-530  Owner incompetent--Release of interest. ((On any application for certificate of title where the former owner of record of the vessel has been declared legally incompetent, the incompetent's interest in the vessel shall be released by signature of the court appointed guardian. A certified copy of the court order appointing the guardian shall be attached to the application.)) Who is eligible to release interest on a vessel ownership document if the owner is declared incompetent?

Only the court appointed guardian may release interest in a vessel owned by an individual who has been declared incompetent. The release of interest must be accompanied by a certified copy of the court order appointing the guardian.



[Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. 83-23-076 (Order 736-DOL), § 308-93-530, filed 11/18/83.]



AMENDATORY SECTION (Amending Order 736-DOL, filed 11/18/83)



WAC 308-93-540  Owner bankrupt--Release of interest. ((On any application for certificate of title where the prior owner's interest has been terminated through bankruptcy proceedings, the interest of the bankrupt in the vessel may be released by his/her trustee. If the release is by his/her trustee, a certified copy of the court order appointing the trustee shall be attached to the application.)) Who has the authority to release interest in a vessel when an owner has been declared bankrupt?

A trustee appointed by the court has the authority to release interest on a vessel for the owner who has been declared bankrupt. The release of interest shall be accompanied by a certified copy of the court order appointing the trustee.



[Statutory Authority: 1983 c 7 § 20 and 1983 2nd ex.s. c 3 § 46. 83-23-076 (Order 736-DOL), § 308-93-540, filed 11/18/83.]



REPEALER



The following sections of the Washington Administrative Code are repealed:



WAC 308-93-550 Owner deceased--Signature of personal representative.

WAC 308-93-560 Owner deceased--Estate administered.

WAC 308-93-570 Owner deceased--No will left.

WAC 308-93-580 Owner deceased--To spouse "in lieu of homestead."

WAC 308-93-590 Owner deceased--In name of estate.

WAC 308-93-600 Owner deceased--Estate not administered.

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