SENATE BILL REPORT

SSB 5009

BYSenate Committee on Transportation (originally sponsored by Senator Anderson)

Amending the list of vessels not required to be registered under chapter 88.02 RCW.

Senate Committee on Transportation

Senate Hearing Date(s):January 25, 1989; January 26, 1989

Majority Report:  That Substitute Senate Bill No. 5009 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Patterson, Chairman; Nelson, Vice Chairman; Barr, DeJarnatt, Hansen, Madsen, Murray, Thorsness.

Senate Staff:Brad Lovaas (786-7307)

                  January 27, 1989

Senate Committee on Ways & Means

Senate Hearing Date(s):February 3, 1989

Majority Report:  That Substitute Senate Bill No. 5009 as recommended by Committee on Transportation be substituted therefor, and the substitute bill be referred to Committee on Rules without recommendation.

      Signed by Senators McDonald, Chairman; Craswell, Vice Chairman; Amondson, Bailey, Bauer, Cantu, Fleming, Hayner, Moore, Newhouse, Niemi, Owen, Saling, Smith, Talmadge, Williams, Wojahn.

Senate Staff:William Bafus (786-7437)

                  April 7, 1989

House Committe on Transportation

Rereferred House Committee on Revenue

AS PASSED SENATE, FEBRUARY 17, 1989

BACKGROUND:

Under the current state boat registration program, a vessel that is owned by a resident of a foreign country is exempt from Washington's boat registration program as long as the vessel is not located within Washington's waters for more than 60 days.

Many Canadian boats with valid foreign registeries or a U.S. Customs Service cruising license are moored at Point Roberts, Blaine and Bellingham.  Several Canadian boats have been cited for not having a Washington numbering system.  This incident has raised several legal questions with regard to when and if maritime law supersedes state law.

Customs law prohibits the placing of any marking on a foreign vessel that would indicate the boat is a U.S.-owned vessel.  Requiring a foreign vessel to display state boat registration numbers may be in direct violation of Customs law.  Customs also allows foreign pleasure boats to purchase a Customs cruising license which permits the vessel to move freely in and out of the United States for one year without having to conform with Customs law.  The permit is $26, valid for one year and may be renewed annually.  It is doubtful that the state can burden this permission by requiring full registration.  There is also an international agreement that requires vessels to be registered only in one jurisdiction.

SUMMARY:

The registration of a vessel owned by a resident of another country is exempt from Washington State boating registration laws if the vessel is registered in another country or has a U.S. Customs cruising license.

The provision requiring a foreign vessel located in state waters for more than 60 days to be registered is deleted.

A vessel located on the waters of this state exclusively for reconstruction, repairs, or testing which is part of the repair work, and which is owned by a resident of another state is exempt from registration.

Appropriation:    none

Revenue:    yes

Fiscal Note:      available

Senate Committee - Testified: TRANSPORTATION:  Senator Ann Anderson, prime sponsor; Richard Lloyd, Point Roberts Chamber of Commerce; William Jordan, Point Roberts Marine Services; Herbert Bittman, Marina Owner; Stephanie Ross, Port Roberts Attorney

Senate Committee - Testified: WAYS & MEANS:  No one

HOUSE AMENDMENTS:

Current statute which refers to the citizenship of the owner of a vessel is deleted.  Federal maritime law recognizes the nationality of registered vessels and not the citizenship of the vessel owner.