WSR 04-05-068

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed February 17, 2004, 11:23 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 04-01-034.

Title of Rule: Residency documents rules.

Purpose: Clarify what is necessary to support "formal evidence an intent to continue residing in the state."

Statutory Authority for Adoption: RCW 77.12.047.

Statute Being Implemented: RCW 77.12.047.

Summary: Establishes the documents needed for a resident license.

Reasons Supporting Proposal: Reduce uncertainty in dealer issuance of licenses.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, (360) 902-2930; Implementation: Jin [Jim] Lux, 1111 Washington Street, Olympia, (360) 902-2444; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (360) 902-2373.

Name of Proponent: Department of Fish and Wildlife, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: RCW 77.08.010 defines residency, but leaves open the question of what constitutes a formal intent to continue residing in the state. The driver's license laws state that a person must surrender an out-of-state license within thirty days of becoming a resident. Accordingly, the Washington driver's license will be the first proof of residency. For persons who do not drive or are too young to get a driver's license, a Washington identity card or school identification will suffice. Active duty military identification and verbal confirmation of assignment to Washington will also allow issuance of a resident license. Persons who do not have such identification may get a resident license by providing proof of residency to licensing in Olympia.

Proposal does not change existing rules.

No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule proposal has no impact on small businesses. Persons who cannot prove residency will purchase a short-term license if needed, and, upon submitting proof of residency, a letter form licensing will allow the person to purchase the resident license.

RCW 34.05.328 does not apply to this rule adoption. Not hydraulics rules.

Hearing Location: Red Lion Hotel, 303 West North River Drive, Spokane, WA, on April 2-3, 2004, begins at 8:00 a.m., April 2, 2004.

Assistance for Persons with Disabilities: Contact Susan Yeager by March 19, 2004, TDD (360) 902-2207 or (360) 902-2267.

Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2155, by March 26, 2004.

Date of Intended Adoption: April 2, 2004.

February 13, 2004

Evan Jacoby

Rules Coordinator

OTS-6947.4


NEW SECTION
WAC 220-55-061   Residency of purchaser.   (1) The primary method of establishing by formal evidence an intent to continue residing in the state is possession of a Washington state driver's license. Any licensed driver who does not have a Washington state driver's license will be presumed to not intend to be a Washington resident, and will not be issued a resident license.

(2) Persons who are not licensed to drive may use a Washington state identification card to establish by formal evidence an intent to continue residing in the state.

(3) Persons who are too young to obtain a Washington state driver's license may use a Washington state identification card or school identification to establish by formal evidence an intent to continue residing in the state.

(4) Persons who cannot establish by formal evidence an intent to continue residing in the state by means of subsection (1), (2), or (3) of this section may submit proof of intent to continue residence in the state to the department's licensing office in Olympia. Upon determination of sufficiency of proof, the licensing office will issue a letter allowing purchase of a resident license.

(5) Active duty military who are stationed in Washington may obtain a resident license upon presentation of active duty military identification and verbal confirmation that the service member is assigned to a duty station in Washington state.

(6) Notwithstanding the provisions of this section, proof of identity and residency are satisfied by presentation of a previously issued recreational license showing the purchaser's Washington Interactive License Document (WILD) number, and verbal confirmation by the license applicant that the information on the previously issued license remains valid.

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