WSR 07-03-068

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed January 17, 2007, 8:24 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-23-097.

Title of Rule and Other Identifying Information: WAC 308-93-070 Application for certificate of ownership/registration.

Hearing Location(s): Department of Licensing, Conference Room 108, 1125 Washington Street S.E., Olympia, WA 98507, on February 27, 2007, at 10 a.m.

Date of Intended Adoption: March 27, 2006 [2007].

Submit Written Comments to: Dale R. Brown, P.O. Box 2957, Mailstop 48205, 1125 Washington Street S.E., Olympia, WA 98507-2957, e-mail dbrown@dol.wa.gov, fax (360) 902-7821 or 902-7822, by February 26, 2006 [2007].

Assistance for Persons with Disabilities: Contact Dale R. Brown by February 26, 2006 [2007], TTY (360) 664-8885.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Rule making is required to specify signatures that are required for vessel registration to include both in-state and out-of-state signatures of vessel owners on the registration.

Reasons Supporting Proposal: To clear up confusion as to who should sign the applications.

Statutory Authority for Adoption: RCW 88.02.070 and 88.02.100.

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

Name of Proponent: , governmental.

Name of Agency Personnel Responsible for Drafting: Dale R. Brown, 1125 Washington Street S.E., Olympia, WA, (360) 902-4020; Implementation and Enforcement: Toni Wilson, 1125 Washington Street S.E., Olympia, WA, (360) 902-3811.

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.

December 30, 2006

Glenn Ball, Administrator

Title and Registration Services

OTS-9434.2


AMENDATORY SECTION(Amending WSR 06-21-025, filed 10/9/06, effective 11/9/06)

WAC 308-93-070   Application for certificate of ownership/registration.   (1) When am I required to register my vessel in Washington? Current out-of-state or out-of-country registration will be recognized for a period of sixty days. On or before the sixty-first day, if Washington is to be the principal state of use, you must apply for a Washington state certificate of ownership and/or registration.

(2) What information must be supplied on an application to obtain a Washington vessel certificate of ownership and/or registration? Vessel owners applying for certificate of ownership and/or registration of a vessel must submit an application, which includes:

(a) ((Expiration date of the certificate of registration;

(b))) The name of each owner of the vessel and if the vessel is subject to security interest, the name of each ((secured party)) legal owner;

(((c))) (b) The mailing address ((that)) for one of the owners ((regularly receives mail));

(((d))) (c) The mailing address of the first ((secured party)) legal owner;

(((e))) (d) The Washington registration number ((as assigned));

(((f))) (e) Make and model year;

(((g))) (f) Length of vessel;

(((h))) (g) Type of power (gasoline, diesel, etc.);

(((i))) (h) Primary use (commercial, pleasure, etc.);

(((j))) (i) Primary method of propulsion (inboard, sail, etc.);

(((k))) (j) Type of vessel (runabout, cabin, etc.);

(((l))) (k) Primary vessel construction (fiberglass, wood, etc.);

(((m))) (l) County of moorage;

(((n))) (m) Hull identification number((, if one has been assigned));

(((o))) (n) Latest purchase price and purchase year or, if the vessel was not acquired by purchase, a declaration of value and year of declaration;

(((p))) (o) The signature of all ((of the)) registered owners.

For the purposes of this section, purchase price or declared value includes the vessel, vessel motor, or engine, and all other equipment and accessories, excluding a boat trailer, purchased or acquired in a single transaction;

(((q))) (p) United States Coast Guard ((document)) documentation number, if applicable.

(3) If my vessel is homemade, what information must be supplied on an application for Washington certificate of ownership? In addition to the information listed above in subsection (2) of this section, upon original application for certificate of ownership and/or registration of a homemade vessel, the owner ((shall complete and sign a declaration of value form. The owner's signature must be notarized/certified in accordance with WAC 308-93-470)) must provide:

(a) Certificates of ownership to any vessels used in the construction of the homemade vessel; or

(b) Bills of sale from the previous registered owners (these must be notarized or certified);

(c) Bills of sale or invoices for materials or parts used in the construction of the homemade vessel;

(d) Declaration of Value (TD-420-737). This form is used to establish the value of the vessel;

(e) Vessel Data Form.

[Statutory Authority: RCW 88.02.070 and 88.02.100. 06-21-025, 308-93-070, filed 10/9/06, effective 11/9/06; 01-08-021, 308-93-070, filed 3/27/01, effective 4/27/01; 98-16-030, 308-93-070, filed 7/29/98, effective 8/29/98. Statutory Authority: RCW 46.01.110, 88.02.100, 46.10.040, 46.12.030, 46.16.040, 88.02.050 and 88.02.070. 96-04-004, 308-93-070, filed 1/25/96, effective 2/25/96; 95-13-058, 308-93-070, filed 6/19/95, effective 7/20/95. Statutory Authority: RCW 88.02.070 and [88.02].100. 93-14-082, 308-93-070, filed 6/30/93, effective 7/31/93; 92-24-035, 308-93-070, filed 11/25/92, effective 12/26/92. Statutory Authority: RCW 88.02.100 and 1991 c 339 30 and 31. 92-03-075, 308-93-070, filed 1/14/92, effective 2/14/92. Statutory Authority: 1985 c 258. 85-23-066 (Order TL-RG-19), 308-93-070, filed 11/19/85. Statutory Authority: RCW 88.02.070 and 88.02.100. 84-13-086 (Order TL-RG-2), 308-93-070, filed 6/21/84. Statutory Authority: 1983 c 7 20 and 1983 2nd ex.s. c 3 46. 83-23-076 (Order 736-DOL), 308-93-070, filed 11/18/83.]

Washington State Code Reviser's Office