WSR 05-23-018

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed November 7, 2005, 8:22 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 05-19-089.

Title of Rule and Other Identifying Information: Chapter 308-96A WAC, Vehicle licenses and chapter 308-93 WAC, Vessel registration and certificates of title.

Hearing Location(s): Department of Licensing, Conference Room 108, 1125 Washington Street S.E., Olympia, WA 98507, on January 9, 2006, at 10:00 a.m.

Date of Intended Adoption: January 24, 2006.

Submit Written Comments to: Dale R. Brown, P.O. Box 2957, 1125 Washington Street S.E., Olympia, WA 98507-2957, e-mail dbrown@dol.wa.gov, fax (360) 902-0140, by January 6, 2006.

Assistance for Persons with Disabilities: Contact Dale R. Brown by January 6, 2006, TTY (360) 664-8885.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The purpose of this change is to clarify language for undercover and confidential vehicle and vessel license application procedures. The change to the existing rules is to clarify language and add to the vehicle rule the inclusion of trailers, snowmobiles and other off-road vehicles.

Reasons Supporting Proposal: To clarify language and to define the types of vehicles that are included in undercover and confidential license plate program. The proposed rules will make the rule easier for persons to use.

Statutory Authority for Adoption: RCW 46.08.066 and 88.02.035.

Statute Being Implemented: Same.

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

Name of Proponent:

Name of Agency Personnel Responsible for Drafting and Implementation: Angela Johnson, 1125 Washington Street S.E., Olympia, WA, (360) 902-3756; and Enforcement: Deborah McCurley, 1125 Washington Street S.E., Olympia, WA, (360) 902-3754.

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 the industry.

A cost-benefit analysis is not required under RCW 34.05.328. The contents of the proposed rules are explicitly and specifically dictated by statute.

November 2, 2005

D. McCurley, Administrator

Title and Registration Services

OTS-8455.1


AMENDATORY SECTION(Amending WSR 02-22-004, filed 10/24/02, effective 11/24/02)

WAC 308-93-241   Undercover and confidential vessel registration -- Application procedures.   (1) What are undercover and confidential vessel registrations? ((Undercover and confidential registrations are nonexempt)) They are vessel registrations and decals assigned only to vessels owned or operated by government agencies as identified in RCW 88.02.035.

(2) When is an undercover or confidential vessel registration issued? An undercover or confidential vessel registration is issued to government agencies when the vessel is being used in confidential, investigative, or undercover work.

(3) How are undercover and confidential vessels registered? ((Government owned or operated vessels may be registered in one of the following ways:

(a) If registered with an undercover vessel registration number, the record will show fictitious names and addresses on all department records subject to public disclosure; or

(b) If registered with a confidential vessel registration number, the record will show the government agency name and address on all department records subject to public disclosure.

(3) Is a government agency responsible for ensuring safeguards to select a fictitious name and address for undercover vessel registrations? Yes, government agency's must certify on the application that precautions have been taken to ensure that the use of citizens' names and legitimate licensed Washington businesses has not been used.

(4))) (a) An undercover vessel registration record will show fictitious names and addresses on all department records subject to public disclosure.

(b) A confidential vessel registration record will show the government agency name and address on all department records subject to public disclosure.

(4) Who is responsible for verifying that only fictitious names and addresses are used for undercover vessel registrations? The individual signing the application.

(5) How does a government agency apply for an undercover or confidential vessel registration? ((A government agency requesting an undercover/confidential vessel registration must provide:))

(a) A completed application form approved by the department ((and)) needs to be signed by the government agency head or designated contact person. ((The agency must indicate on the application form which type of registration is needed (undercover or confidential);))

(b) A copy of the current ((certificate of ownership)) title, registration ((certificate)) or other documents approved by the department ((showing)) of licensing that proves the vessel is owned or operated by the government agency.

[Statutory Authority: RCW 88.02.100, 88.02.070, 88.02.120. 02-22-004, 308-93-241, filed 10/24/02, effective 11/24/02; 00-22-068, 308-93-241, filed 10/30/00, effective 11/30/00; 98-16-001, 308-93-241, filed 7/22/98, effective 8/22/98. Statutory Authority: RCW 88.02.035(3). 92-15-023, 308-93-241, filed 7/6/92, effective 8/6/92.]

OTS-8456.1


AMENDATORY SECTION(Amending WSR 02-21-118, filed 10/23/02, effective 11/23/02)

WAC 308-96A-080   Undercover and confidential license plates -- Application procedures.   (1) What are undercover and confidential license plates?

(((a) An undercover license plate is issued to local, state, and federal government agencies for law enforcement purposes only to be used in confidential, investigative, or undercover work, confidential public health work, and confidential public assistance fraud or support investigations.

(b) A confidential license plate is issued to any elected state official for use on official business. Confidential plates are also issued when necessary for the personal security of any other public officer or public employee for the conduct of official business for the period of time that the personal security of such state official, public officer, or other public employee may require.

Undercover and confidential license plates are standard issue license plates assigned only to vehicles owned or operated by government agencies as identified in RCW 46.08.066.)) They are standard issue license plates assigned only to vehicles owned or operated by government agencies as identified in RCW 46.08.066. These vehicles include, but are not limited to, off road vehicles, trailers, and snowmobiles.

(2) ((How are undercover and confidential vehicles registered? Government owned or operated vehicles may be registered in one of the following ways:

(a) If registered with an undercover license plate, the record will show fictitious names and addresses on all department records subject to public disclosure; or

(b) If registered with a confidential license plate, the record will show the government agency name and address on all department records subject to public disclosure.)) When is an undercover or confidential license plate issued? An undercover or confidential license plate is issued to government agencies when being used in confidential, investigative, or undercover work.

(3) ((Is a government agency responsible for ensuring that safeguards are used to select a fictitious name and address for undercover vehicle registrations? Yes, government agencies shall certify on the application that precautions have been taken to ensure that names and legitimate licensed Washington businesses have not been used.)) When are undercover and confidential license plates used?

(a) These plates are used for official business by government agencies or any state elected official.

(b) For the personal security of any other public officer, or public employee, for use on an unmarked publicly owned or controlled vehicle for the conduct of business for the period of time required.

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

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

(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 government agency.)) How are undercover and confidential vehicles registered?

(a) An undercover license plate record will show fictitious names and addresses on all department records subject to public disclosure.

(b) A confidential license plate record will show the government agency name and address on all department records subject to public disclosure.

(5) Who is responsible for verifying that only fictitious names and addresses are used for undercover vehicle registrations? The individual signing the application.

(6) How does a government agency apply for undercover or confidential license plates?

(a) A completed application form approved by the department needs to be signed by the government agency head or designated contact person.

(b) A copy of the current title, registration or other documents approved by the department of licensing that proves the vehicle is owned or operated by the government agency.

[Statutory Authority: RCW 46.08.066. 02-21-118, 308-96A-080, filed 10/23/02, effective 11/23/02; 99-16-020, 308-96A-080, filed 7/26/99, effective 8/26/99; 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.]