WSR 99-12-111

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed June 2, 1999, 9:30 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-03-003.

Title of Rule: Vehicle licensing--Confidential plates, WAC 308-96A-080, 308-96A-085, 308-96A-090, 308-96A-095, and 308-96A-097.

Purpose: 1. Clarify the process of confidential license plates.

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

Statutory Authority for Adoption: RCW 46.08.066.

Summary: Clarifying WAC 308-96A-080 Confidential license plates--Application procedures, 308-96A-085 Confidential license plates--Agency contact, 308-96A-090 Confidential vehicle license plates--Inventory and 308-96A-095 Confidential license plates--Refusal and removal; and repealing WAC 308-96A-097 Confidential license plates--Records disclosure.

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

Name of Agency Personnel Responsible for Drafting: Patrick Zlateff, 1125 Washington Street S.E., Olympia, (360) 902-3718; Implementation and Enforcement: Deborah McCurley, 1125 Washington Street S.E., Olympia, (360) 902-3754.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The anticipated effects will be a clarification of the above-mentioned requirements.

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

Meet criteria of Executive Order 97-02.

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.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The content of the proposed rules are explicitly and specifically dictated by statute.

Hearing Location: Highways-Licenses Building, Conference Room 107, 1125 Washington Street, Olympia, WA 98507, on July 6, 1999, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Pat Zlateff by July 5, 1999, TDD (360) 664-8885 or (360) 902-3718.

Submit Written Comments to: Patrick Zlateff, Rules Coordinator, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, fax (360) 664-0831, by July 5, 1999.

Date of Intended Adoption: July 17, 1999.

June 2, 1999

Deborah McCurley

Acting Administrator

OTS-3126.2


AMENDATORY SECTION(Amending WSR 98-16-002, filed 7/22/98, effective 8/22/98)

WAC 308-96A-080
Confidential/undercover license plates--Application procedures.

(1) ((A government agency requesting confidential license plates shall:

(a) Write to the department on their letterhead requesting one or more vehicles be included in the confidential license plate program;

(b) Complete an application form approved by the department;

(c) Provide a copy of the current certificate of ownership, registration certificate or other documents approved by the department showing the vehicle is owned or operated by the government agency.

(2) The letter of request and application shall be signed by the government agency head or designated contact person.)) What are confidential and undercover license plates as referred to in RCW 46.08.066? Confidential and undercover license plates are standard issue license plates assigned to vehicles owned or operated by public agencies. These license plates are used as specifically authorized by RCW 46.08.066.

(2) What are my registration options under RCW 46.08.066? You may choose to register a publicly owned or operated vehicle in the confidential/undercover license plate program in one of the following ways:

(a) Selecting the undercover option will show fictitious names and addresses on the registration certificates and other department records subject to public disclosure; or

(b) Selecting the confidential license plate option will show the public agency names and addresses on the registration certificates and other department records subject to public disclosure.

(3) What safeguards shall a public agency use to select a fictitious name and address? Public agencies shall certify on the application that precautions have been taken to ensure that the use of citizens' names and legitimate licensed Washington businesses have not been used.

(4) Who may apply for a confidential license plate? Only public agencies identified in RCW 46.08.066 are authorized to apply for confidential license plates.

(5) How does a public agency apply for confidential or undercover license plates? A public agency requesting confidential or undercover license plates shall provide:

(a) A completed application form approved by the department and signed by the public agency head or designated contact person. The agency shall indicate on the application form which type of registration is needed (confidential or undercover).

(b) A copy of the current certificate of ownership, registration certificate or other documents approved by the department showing the vehicle is owned or operated by the public agency.

[Statutory Authority: RCW 46.08.066.  98-16-002, 308-96A-080, filed 7/22/98, effective 8/22/98; 85-11-014 (Order TL/RG-12), 308-96A-080, filed 5/8/85.]


AMENDATORY SECTION(Amending WSR 98-16-002, filed 7/22/98, effective 8/22/98)

WAC 308-96A-085
Confidential and undercover license plates--Agency contact.

(1) ((A government agency head or designee may apply for confidential license plates or sign correspondence pertaining to confidential license plates.

(2) The government agency head may designate a maximum of two agency employees to represent the agency regarding confidential license plates. The government agency head shall provide the name, title, address, and telephone number of each designee.

(3) A government agency head or designee shall notify the department in writing within five days of any change in the agency head or designee.)) Who may represent a public agency regarding confidential or undercover license plates? The public agency head may designate a maximum of two agency employees to represent the agency regarding confidential license plates. The public agency head shall provide the name, signature, title, address, telephone number, and if available, FAX number and e-mail address of each designee.

(2) How often does the public agency contact information need to be updated? The public agency contact information shall be updated, in writing, annually or within thirty days of any change in the agency head or designee.

[Statutory Authority: RCW 46.08.066.  98-16-002, 308-96A-085, filed 7/22/98, effective 8/22/98; 85-11-014 (Order TL/RG-12), 308-96A-085, filed 5/8/85.]


AMENDATORY SECTION(Amending WSR 98-16-002, filed 7/22/98, effective 8/22/98)

WAC 308-96A-090
Confidential or undercover license plates--Vehicle inventory.

(1) ((The department shall provide an inventory listing of vehicles, scheduled to be renewed within the next quarter, to each agency participating in the confidential vehicle license plate program. Each government agency shall verify the accuracy of the information by:

(a) Correcting any erroneous information;

(b) Deleting vehicles no longer in the program;

(c) Adding vehicles in the program, but not shown on the inventory listing;

(d) Signing the inventory listing certifying that all confidential license plates shown on the listing are being utilized under RCW 46.08.066; and

(e) Returning the inventory listing to the department.)) How does the department maintain a current inventory listing of vehicles with confidential or undercover license plates?

(a) The department provides an inventory listing of vehicles, scheduled to be renewed within the next quarter, to each agency participating in the confidential/undercover vehicle license plate program. Each public agency verifies the accuracy of the information by:

(i) Correcting any erroneous information;

(ii) Deleting vehicles no longer in the program, by mark plainly on the list "deleted" next to the vehicle that needs to be deleted;

(iii) Adding vehicles in the program, that is not shown on the inventory list. Submit the request/application (copy if already submitted) to verify adding a vehicle to the list;

(iv) Signing the inventory list certifying that all confidential and undercover license plates shown on the list are being utilized under RCW 46.08.066; and

(v) Returning the updated inventory list to the department by the date requested.

(b) The department updates the agency inventory based on information submitted by the agencies.

(2) What action does the department take if inventory listings are not returned? The department ((shall not)) may refuse to renew a vehicle(s) shown on the quarterly inventory ((listing)) list until the ((government)) public agency has complied with the requirements of subsection (1) of this section.

[Statutory Authority: RCW 46.08.066.  98-16-002, 308-96A-090, filed 7/22/98, effective 8/22/98; 85-11-014 (Order TL/RG-12), 308-96A-090, filed 5/8/85.]


AMENDATORY SECTION(Amending WSR 98-16-002, filed 7/22/98, effective 8/22/98)

WAC 308-96A-095
Confidential or undercover license plates--((Refusal and removal)) Cancellation.

(1) ((The department may cancel or refuse to issue or renew confidential license plates when the department or chief of the Washington state patrol has reasonable cause to believe the license plates are not being used for purposes authorized in RCW 46.08.066.

(2) When a government agency no longer requires confidential license plates or the license plates are cancelled:

(a) The government agency shall remove and destroy the license plates and registration or return them to the department; and

(b) Notify the department in writing that the confidential license plates)) Who may cancel confidential or undercover license plates? The department may cancel or refuse to renew confidential or undercover license plates when the department has reasonable cause to believe the license plates are being used for purposes other than those authorized in RCW 46.08.066. A public agency may request cancellation of their confidential or undercover license plates when the license plates are no longer required.

(2) How are confidential or undercover license plates cancelled? Confidential or undercover license plates are cancelled when the public agency notifies the department in writing that the confidential or undercover license plates are no longer required, and indicate whether the license plates and registration:

(a) Are being returned to the department; or

(b) Have been ((removed and)) destroyed.

The department shall delete the confidential or undercover license plates record from the ((confidential)) program.

[Statutory Authority: RCW 46.08.066.  98-16-002, 308-96A-095, filed 7/22/98, effective 8/22/98; 85-11-014 (Order TL/RG-12), 308-96A-095, filed 5/8/85.]


REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 308-96A-097Confidential license plates--Records disclosure.

Washington State Code Reviser's Office