PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 01-01-102.
Title of Rule: Chapter 308-56A WAC, Manufactured home certificates of ownership, to include but not limited to WAC 308-56A-505.
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-505.
Reasons Supporting Proposal: Meet criteria supporting Governor Locke's Executive Order 97-02.
Name of Agency Personnel Responsible for Drafting: Katherine Iyall Vasquez, 1125 Washington Street S.E., Olympia, 902-3718; Implementation and Enforcement: Eric Andersen, 1125 Washington Street S.E., Olympia, 902-4045.
Name of Proponent:
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 April 11, 2001, at 10:30 a.m.
Assistance for Persons with Disabilities: Contact Katherine Iyall Vasquez by April 10, 2001, TTY (360) 664-8885, or (360) 902-3718.
Submit Written Comments to: Katherine Iyall Vasquez, Rules Manager, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, fax (360) 664-0831, by April 10, 2001.
Date of Intended Adoption: May 12, 2001.
February 26, 2001
Deborah McCurley, Administrator
Title and Registration Services
OTS-4683.1
AMENDATORY SECTION(Amending WSR 00-06-004, filed 2/18/00,
effective 3/20/00)
WAC 308-56A-505
Elimination of manufactured home
title -- Eligibility.
(1) ((When)) May I eliminate the vehicle
title on my manufactured home? You may eliminate the vehicle
title on your manufactured home provided you own or are
purchasing 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)) You must complete and record a
manufactured home title elimination application. The
application((s)) to eliminate ((or not issue)) title under
chapter 46.12 RCW, and ((perfect)) record 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)) must be met before the certificate of ownership can
be eliminated? ((When requesting title elimination for your
manufactured home,)) The following ((is required)) conditions
must be met before the certificate of ownership will be
eliminated:
(a) ((Manufactured homes shall)) The manufactured home must
be affixed or be in the process of being affixed to the 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.)) The building permit office certification box on
the application must be completed by the issuing authority
stating that the home was affixed or that a building permit has
been issued for this purpose as described in RCW 65.20.040(3).
(c) If the title company is involved in the elimination transaction, they must certify that the legal description of the land is true and correct per real property records.
(d) The county auditor's recording office must certify that the manufactured home title elimination application has been completed correctly and that the applicant has sufficient documentation to proceed with recording the application.
(e) The completed application must be recorded in the county auditor's office in the county in which the manufactured home and land are located.
(4) How do I ((perfect)) record my manufactured home title
elimination with the department? To ((perfect)) record your
manufactured home title elimination you ((shall)) must:
(a) ((Present)) Submit the recorded manufactured home title
elimination application to the department for processing;
(b) ((Record the approved manufactured home title
elimination application at the county recording office as
provided in RCW 65.20.050;
(c) Present the recorded manufactured home title elimination application to an auditor's vehicle licensing office or to the department for processing; and
(d))) Pay the applicable fees; 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)) A fee of fifteen dollars for each application
to transfer a new or used manufactured home 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. 00-06-004, 308-56A-505, filed 2/18/00, effective 3/20/00; 90-11-091, 308-56A-505, filed 5/18/90, effective 6/18/90.]