WSR 07-14-032

PROPOSED RULES

BOARD OF

PILOTAGE COMMISSIONERS

[ Filed June 26, 2007, 12:39 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 07-08-072.

Title of Rule and Other Identifying Information: WAC 363-116-070 Collection of fees.

Hearing Location(s): 2901 Third Avenue, 4th Floor, Rainier Conference Room, Seattle, WA 98121, on August 9, 2007, at 9:30 a.m.

Date of Intended Adoption: August 9, 2007.

Submit Written Comments to: Captain Harry Dudley, Chairman, 2901 Third Avenue, Suite 500, Seattle, WA 98121, e-mail larsonp@wsdot.wa.gov, fax (206) 515-3906, by August 2, 2007.

Assistance for Persons with Disabilities: Contact Judy Bell by August 6, 2007, (206) 515-3647.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The proposed rule increases the annual state pilot license fee for an active pilot by $3,000 and an inactive pilot by $500.

Pilot license fees are the sole source of funding for the operations of the board. Without an increase in this fee, operating revenue will fall short of the anticipated expenditures budgeted for the 2007-09 biennium.

Reasons Supporting Proposal: It is necessary to establish adequate funding to ensure the board's continued administration of the Pilotage Act.

Statutory Authority for Adoption: RCW 88.16.090.

Statute Being Implemented: Chapter 88.16 RCW.

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

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: The 2007 legislature, by enacting ESHB 1094, gave the board authority to set pilot license fees through rule making. The proposed rule was adopted under emergency provisions on June 14, 2007, for implementation on July 1, 2007, the beginning of the 2007-09 biennium. It is the intent of the board to adopt a permanent rule. License fees have not been increased since 2001.

The board may adopt a rule that varies from the proposed rule upon consideration of presentations and written comments from the public and any other interested parties.

Name of Proponent: Board of pilotage commissioners, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Board of Pilotage Commissioners, 2901 Third Avenue, Seattle, WA 98121, (206) 515-3904.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The application of the proposed modifications is clear in the description of the proposal and its anticipated effects as well as the attached proposed language.

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to this rule adoption. The Washington state board of pilotage commissioners is not a listed agency in RCW 34.05.328 (5)(a)(i).

June 26, 2007

Peggy Larson

Administrator

OTS-9837.1


AMENDATORY SECTION(Amending WSR 04-14-017, filed 6/28/04, effective 7/29/04)

WAC 363-116-070   Collection of fees.   All pilots shall pay an annual license fee of ((three)) six thousand dollars for every year in which they perform any pilotage services. If a licensed pilot does not perform pilotage services during a license year, his/her fee for that year shall be reduced to ((five hundred)) one thousand dollars upon application to the board. The board of pilotage commissioners shall receive all fees for licenses or for other purposes and make proper accounting of same and transmit all such funds to the pilotage account.

[Statutory Authority: RCW 88.16.090. 04-14-017, 363-116-070, filed 6/28/04, effective 7/29/04. Recodified as 363-116-070. 97-08-042, filed 3/28/97, effective 3/28/97. Statutory Authority: RCW 88.16.090 and 1995 c 175. 97-06-105, 296-116-070, filed 3/5/97, effective 4/5/97. Statutory Authority: RCW 88.16.035. 88-14-063 (Order 88-13, Resolution No. 88-13), 296-116-070, filed 7/1/88. Statutory Authority: RCW 88.16.090. 85-15-032 (Order 85-1, Resolution No. 85-1), 296-116-070, filed 7/12/85; 84-11-056 (Order 84-4, Resolution No. 84-4), 296-116-070, filed 5/18/84. Statutory Authority: RCW 88.16.035. 82-24-010 (Order 82-8, Resolution No. 82-8), 296-116-070, filed 11/18/82; 79-11-063 (Order 79-5, Resolution No. 79-5), 296-116-070, filed 10/18/79. Statutory Authority: RCW 88.16.035 and 88.16.155. 78-09-057 (Order 78-2, Resolution No. 78-2), 296-116-070, filed 8/23/78; Order 2-68, 296-116-070, filed 11/1/68; 7, effective 11/25/58.]

Washington State Code Reviser's Office