AN
ACT Relating to exceptions from vessel registration; amending RCW 88.02.030;
and declaring an emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
88.02.030 and 1997 c 83 s 1 are each amended to read as follows:
Vessel
registration is required under this chapter except for the following:
(1)
Military or public vessels of the United States, except recreational-type
public vessels;
(2)
Vessels owned by a state or subdivision thereof, used principally for
governmental purposes and clearly identifiable as such;
(3)
Vessels either (a) registered or numbered under the laws of a country other
than the United States; or (b) having a valid United States customs service
cruising license issued pursuant to 19 C.F.R. Sec. 4.94. On or before the
sixty-first day of use in the state, any vessel in the state under this
subsection shall obtain an identification document from the department of
licensing, its agents, or subagents indicating when the vessel first came into
the state. At the time of any issuance of an identification document, a
twenty-five dollar identification document fee shall be paid by the vessel
owner to the department of licensing for the cost of providing the
identification document by the department of licensing. Any moneys remaining
from the fee after payment of costs shall be allocated to counties by the state
treasurer for approved boating safety programs under RCW 88.02.045. The
department of licensing shall adopt rules to implement its duties under this
subsection, including issuing and displaying the identification document and
collecting the twenty-five dollar fee;
(4)
Vessels that have been issued a valid number under federal law or by an
approved issuing authority of the state of principal operation. However, a
vessel that is validly registered in another state but that is removed to this
state for principal use is subject to registration under this chapter. The
issuing authority for this state shall recognize the validity of the numbers
previously issued for a period of sixty days after arrival in this state;
(5)
Vessels owned by a nonresident if the vessel is located upon the waters of this
state exclusively for repairs, alteration, or reconstruction, or any testing
related to the repair, alteration, or reconstruction conducted in this state if
an employee of the repair, alteration, or construction facility is on board the
vessel during any testing: PROVIDED, That any vessel owned by a nonresident is
located upon the waters of this state exclusively for repairs, alteration,
reconstruction, or testing for a period longer than sixty days, that the
nonresident shall file an affidavit with the department of revenue verifying
the vessel is located upon the waters of this state for repair, alteration,
reconstruction, or testing and shall continue to file such affidavit every
sixty days thereafter, while the vessel is located upon the waters of this
state exclusively for repairs, alteration, reconstruction, or testing;
(6)
Vessels equipped with propulsion machinery of less than ten horsepower that:
(a)
Are owned by the owner of a vessel for which a valid vessel number has been
issued;
(b)
Display the number of that numbered vessel followed by the suffix "1"
in the manner prescribed by the department; and
(c)
Are used as a tender for direct transportation between that vessel and the
shore and for no other purpose;
(7)
Vessels under sixteen feet in overall length which have no propulsion machinery
of any type or which are not used on waters subject to the jurisdiction of the
United States or on the high seas beyond the territorial seas for vessels owned
in the United States and are powered by propulsion machinery of ten or less
horsepower;
(8)
Vessels with no propulsion machinery of any type for which the primary mode of
propulsion is human power;
(9)
Vessels primarily engaged in commerce which have or are required to have a
valid marine document as a vessel of the United States. Commercial vessels
which the department of revenue determines have the external appearance of
vessels which would otherwise be required to register under this chapter, must
display decals issued annually by the department of revenue that indicate the
vessel's exempt status;
(10)
Vessels primarily engaged in commerce which are owned by a resident of a
country other than the United States; and
(11)
On and after January 1, 1998, vessels owned by a nonresident individual brought
into the state for his or her use or enjoyment while temporarily within the
state for not more than six months in any continuous twelve-month period,
unless the vessel is used in conducting a nontransitory business activity
within the state. However, the vessel must (((a) be registered or numbered
under the laws of a country other than the United States, (b) have a valid
United States customs service cruising license issued under 19 C.F.R. Sec.
4.94, or (c))) have been issued a valid number under federal law or by an
approved issuing authority of the state of principal operation. On or before
the sixty-first day of use in the state, any vessel temporarily in the state
under this subsection shall obtain an identification document from the
department of licensing, its agents, or subagents indicating when the vessel
first came into the state. An identification document shall be valid for a
period of two months. At the time of any issuance of an identification
document, a twenty-five dollar identification document fee shall be paid by the
vessel owner to the department of licensing for the cost of providing the
identification document by the department of licensing. Any moneys remaining
from the fee after payment of costs shall be allocated to counties by the state
treasurer for approved boating safety programs under RCW 88.02.045. The
department of licensing shall adopt rules to implement its duties under this
subsection, including issuing and displaying the identification document and
collecting the twenty-five dollar fee.
NEW SECTION. Sec. 2. This
act is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public
institutions, and takes effect immediately.
