S-966                 _______________________________________________

                                                   SENATE BILL NO. 5473

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

By Senators Nelson, Bender, Barr and Conner

Read first time 1/25/89 and referred to Committee on   Transportation.

AN ACT Relating to vessels owned by nonresidents; and amending RCW 88.02.030.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 16, chapter 7, Laws of 1983 as last amended by section 1, chapter 452, Laws of 1985 and RCW 88.02.030 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 owned by a resident of a country other than the United States if the vessel is not physically located upon the waters of this state for a period of more than sixty days;

          (4) Vessels owned by a resident of another state if the vessel is registered in accordance with the laws of the state in which the owner resides, but only to the extent that a similar exemption or privilege is granted under the laws of that state for vessels registered in this state:  PROVIDED, That any vessel which is validly registered in another state and which is physically located in this state for a period of more than sixty days is subject to registration under this chapter;

          (5) Vessels owned by a resident of another state or of a country other than the United States if the vessel is located upon the waters of this state exclusively for repairs or reconstruction, or any testing related to the repair or reconstruction conducted in this state:  PROVIDED, That if any vessel is located upon the waters of this state exclusively for repairs or reconstruction, or any testing related to the repair or reconstruction conducted in this state, for a period longer than sixty days, that the nonresident owner shall file an affidavit with the department verifying the vessel is located upon the waters of this state exclusively for repair or reconstruction 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 or reconstruction, or any testing related to the repair or reconstruction conducted in this state;

(6) Vessels used as a ship's lifeboat;

          (((6))) (7) Vessels equipped with propulsion machinery of less than ten horse power 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))) (8) 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))) (9) Vessels with no propulsion machinery of any type for which the primary mode of propulsion is human power;

          (((9))) (10) Vessels which are temporarily in this state undergoing repair or alteration;

          (((10))) (11) Vessels primarily engaged in commerce which have or are required to have a valid marine document as a vessel of the United States; and

          (((11))) (12) Vessels primarily engaged in commerce which are owned by a resident of a country other than the United States.