WSR 00-01-005

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed December 2, 1999, 9:33 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-18-127.

Title of Rule: Chapter 308-56A WAC, Manufactured home certificates of ownership.

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 65.20.110.

Summary: Amending WAC 308-56A-500 Definitions and 308-56A-505 Elimination of manufactured home title -- Eligibility; and repealing WAC 308-56A-510 Elimination of manufactured home title -- Application, 308-56A-515 Elimination of manufactured home title -- When perfected, and 308-56A-520 Elimination of manufactured home title -- Fees.

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 and Enforcement: Lynda Henriksen, 1125 Washington Street S.E., Olympia, 902-3811.

Name of Proponent: , governmental.

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 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 107, 1125 Washington Street S.E., Olympia, WA 98507, on January 27, 2000, at 10:30 a.m.

Assistance for Persons with Disabilities: Contact Patrick J. Zlateff by January 26, 2000, 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 January 26, 1999 [2000].

Date of Intended Adoption: February 18, 2000.

December 1, 1999

Deborah McCurley

Administrator

Title and Registration Services

OTS-3608.1


AMENDATORY SECTION(Amending WSR 90-11-091, filed 5/18/90, effective 6/18/90)

WAC 308-56A-500
Definitions.

The definitions set forth in RCW 65.20.020 shall apply to ((sections 505 through 520 of this chapter)) WAC 308-56A-505.

[Statutory Authority: RCW 65.20.110.      90-11-091, § 308-56A-500, filed 5/18/90, effective 6/18/90.]


AMENDATORY SECTION(Amending WSR 90-11-091, filed 5/18/90, effective 6/18/90)

WAC 308-56A-505
Elimination of manufactured home title -- Eligibility.

(1) ((Any manufactured home purchased or having all ownership transferred to new owners after March 1, 1990, may have the title eliminated or not issued under chapter 46.12 RCW by perfecting ownership as real property pursuant to chapter 65.20 RCW.

(2) Any existing manufactured home affixed to land owned by the homeowner on March 1, 1990, or thereafter may have the title issued under chapter 46.12 RCW eliminated by perfecting ownership as real property pursuant to chapter 65.20 RCW.)) When may I eliminate the vehicle title on my manufactured home? You may eliminate the vehicle title on your manufactured home provided you own the manufactured home and the land to which it is affixed as defined in RCW 65.20.020 and 65.20.030.

(2) How do I apply to eliminate the vehicle title on my manufactured home? All applications to eliminate or not issue title under chapter 46.12 RCW, and perfect ownership as real property under chapter 65.20 RCW or to transfer ownership in real property to a title under chapter 46.12 RCW, must be signed by all persons having an interest in the land and in the manufactured home as defined in RCW 65.20.020.

(3) What conditions apply when I request title elimination? When requesting title elimination for your manufactured home, the following is required:

(a) Manufactured homes shall be affixed to land prior to applying for title elimination under chapter 65.20 RCW.

(b) In the event a manufactured home is in the process of being affixed to the land but is not completed, a certification from the issuing authority as described in RCW 65.20.040(3) will be accepted.

(4) How do I perfect my manufactured home title elimination? To perfect your manufactured home title elimination you shall:

(a) Record the approved manufactured home title elimination application at the county recording office as provided in RCW 65.20.050;

(b) Present the recorded manufactured home title elimination application to the department for processing; and

(c) Receive a confirmation letter from the department that your manufactured home title has been eliminated.

If an applicant fails to complete the elimination process after the documents are recorded, the elimination may be void.

(5) What are the fees for elimination of a manufactured home title? The fees for elimination of a manufactured home title are as follows:

(a) Fees as provided in RCW 46.01.140 for each application.

(b) Fees as provided in RCW 46.12.040 for each application.

(c) Fees as provided in RCW 59.22.080.

(d) A fee of twenty-five dollars for each application to defray the cost of processing documents and performing services as required by chapter 65.20 RCW.

[Statutory Authority: RCW 65.20.110.      90-11-091, § 308-56A-505, filed 5/18/90, effective 6/18/90.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 308-56A-510 Elimination of manufactured home title--Application.
WAC 308-56A-515 Elimination of manufactured home title--When perfected.
WAC 308-56A-520 Elimination of manufactured home title--Fees.

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