WSR 09-19-005

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed September 3, 2009, 8:24 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-15-168.

Title of Rule and Other Identifying Information: Under a new chapter, transportation benefit district administration, WAC 308-59-505 Assessing transportation benefit district fees and 308-59-510 Vehicle fee -- Transportation benefit district -- Exemptions.

Hearing Location(s): Department of Licensing, Conference Room 108, 1125 Washington Street S.E., Olympia, WA 98507, on October 29, 2009, at 10:00 a.m.

Date of Intended Adoption: November 24, 2009.

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 October 27, 2009.

Assistance for Persons with Disabilities: Contact Dale R. Brown by October 27, 2009, TTY (360) 664-8885.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Rule making is required to comply with laws concerning transportation benefit districts.

Reasons Supporting Proposal: New transportation districts have been established and these are rules for administration of this program.

Statutory Authority for Adoption: RCW 46.01.110 and 82.80.140.

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

Name of Agency Personnel Responsible for Drafting: Dale Brown, 1125 Washington Street S.E., Olympia, WA, (360) 902-4020; Implementation and Enforcement: Jennifer Dana, 1125 Washington Street S.E., Olympia, WA, (360) 902-3673.

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.

September 3, 2009

Walt Fahrer

Rules Coordinator

OTS-2623.1


NEW SECTION
WAC 308-59-505   Assessing transportation benefit district fees.   All owners of qualified vehicles may be charged a transportation benefit district vehicle fee in accordance with RCW 82.80.140 with reference to vehicles registered under RCW 46.16.0621 and 46.16.070.

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OTS-2625.1


NEW SECTION
WAC 308-59-510   Vehicle fee -- Transportation benefit district -- Exemptions.   The following vehicles are exempt from transportation benefit district vehicle fees imposed under chapter 82.80 RCW:

(1) Vehicles with tax code 95 (vehicles taxed as personal property, such as mobile homes);

(2) Vehicles with the following use classes:

(a) C/G (converter gear);

(b) CMB (combination nonpowered);

(c) CMP (campers);

(d) COM (commercial nonpowered);

(e) EX (exempt);

(f) FAR (farm);

(g) FCB (farm combination);

(h) FED (federally owned);

(i) FEX (farm exempt);

(j) H/C (horseless carriage);

(k) H/D (house moving dolly);

(l) LOG (if non powered and used exclusively for hauling logs under RCW 46.16.085);

(m) MOB (mobile home);

(n) PED (moped);

(o) ORV (off road vehicle);

(p) RES (restored and collector vehicles);

(q) SCH (private school);

(r) SNO (snowmobile);

(s) SNX (exempt snowmobile);

(t) TLR (personal use single axle and less than two thousand pounds scale weight); or

(u) TOW (tow trucks);

(3) Vehicles registered under WAC 308-96A-050, (nonresident members of the armed forces);

(4) Vehicles registered under WAC 308-96A-400, (Indian tribes and tribal members);

(5) Vehicles registered under WAC 308-96A-046, (disabled American veterans or former prisoner of war);

(6) Vehicles registered under WAC 308-96A-180, (rental cars);

(7) Passenger motor vehicles registered under WAC 308-96A-175 and 308-96A-176, ride-sharing and transportation needs ride-sharing vehicles;

(8) Vehicles registered under WAC 308-96A-062, Transfer or destruction of honorary consul special license plates; and

(9) Vehicles registered under RCW 46.16.305, Medal of Honor recipients.

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Washington State Code Reviser's Office