Preproposal statement of inquiry was filed as WSR 98-03-022.

Title of Rule: Vehicle licensing--Confidential plates, WAC 308-96A-080, 308-96A-085, 308-96A-090, 308-96A-095, and 308-96A-097.

Purpose: Clarify the process of confidential license plates and to meet the criteria set forth in Governor Locke's Executive Order 97-02.

Statutory Authority for Adoption: RCW 46.08.066.

Summary: Clarifying WAC 308-96A-080 Confidential license plates--Application procedures, 308-96A-085 Confidential license plates--Agency contact, 308-96A-090 Confidential vehicle license plates--Inventory, 308-96A-095 Confidential license plates--Refusal and removal, and 308-96A-097 Confidential license plates--Records disclosure.

Reasons Supporting Proposal: Meet criteria supporting Governor Locke's Executive Order 97-02.

Name of Agency Personnel Responsible for Drafting: Patrick Zlateff, 1125 Washington Street Southeast, Olympia, (360) 902-3718; Implementation and Enforcement: Nancy Kelly, 1125 Washington Street Southeast, Olympia, (360) 902-3754.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The anticipated effects will be a clarification of the above mentioned requirements.

Proposal Changes the Following Existing Rules: Clarify sections as needed and repeal those no longer required. Meet criteria of Executive Order 97-02.

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 an industry.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The content of the proposed rules are explicitly and specifically dictated by statute.

Hearing Location: Highways-Licenses Building, Conference Room 309, 1125 Washington Street, Olympia, WA 98507, on July 7, 1998, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Pat Zlateff by July 6, 1998, TDD (360) 664-8885, or (360) 902-3718.

Submit Written Comments to: Patrick Zlateff, Rules Coordinator, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, FAX (360) 664-0831, by July 6, 1998.

Date of Intended Adoption: July 21, 1998.

June 1, 1998

Nancy S. Kelly, Administrator

Title and Registration Services

AMENDATORY SECTION (Amending Order TL/RG-12, filed 5/8/85)

WAC 308-96A-080  Confidential license plates--Application procedures. (((1) Every request for confidential license plates shall be made in writing, on stationery of the requesting agency, to the department of licensing, and shall be accompanied by the following:

(a) An application for confidential license plates, on a form furnished by the department;

(b) Except for those confidential plates authorized by RCW 46.08.066(3), by an explanation in support of the request for confidential license plates, on a form furnished by the department, setting forth the purposes for which the plates will be used, and why confidential license plates are necessary to accomplish this purpose;

(c) Copies of documents establishing that the vehicle is owned or controlled by the agency requesting issuance of confidential license plates; acceptable documents include, but are not necessarily limited to, current certificate of title or registration, manufacturer's statement of origin, and court orders or seizure documents;

(d) Such other documentation as the department may reasonably require.

(2) The request, application, and explanation shall be signed by the agency head or an individual designated by the agency head as the authorized contact person as provided in WAC 308-96A-085.

(3) Every request for confidential license plates will be reviewed on an individual basis to ensure compliance with RCW 46.08.066. The department has the authority to reject or refuse applications which do not conform to the provisions of the referenced statute, and rules and regulations of the department.

(4) Applications for confidential license plates to be used for the personal security of a public official or employee will be forwarded by the department to the Washington state patrol for review and recommendation prior to final determination by the department.)) (1) A government agency requesting confidential license plates shall:

(a) Write to the department on their letterhead requesting one or more vehicles be included in the confidential license plate program;

(b) Complete an application form approved by the department;

(c) Provide a copy of the current certificate of ownership or registration certificate showing the vehicle is registered to the government agency.

(2) The letter of request and application shall be signed by the government agency head or designated contact person.

[Statutory Authority: RCW 46.08.066. 85-11-014 (Order TL/RG-12), § 308-96A-080, filed 5/8/85.]

AMENDATORY SECTION (Amending Order TL/RG-12, filed 5/8/85)

WAC 308-96A-085  Confidential license plates--Agency contact. (((1) Except as provided in subsection (2) of this section, the only person authorized to request issuance of confidential license plates or sign correspondence pertaining to the confidential plate licensing program, is the agency head, which shall include regional federal agency administrators and military commanding officers.

(2) The agency may designate a maximum of two individuals as contact persons authorized to apply for confidential plates and sign correspondence pertaining to the confidential plate licensing program.

(3) The agency head must submit information to the department of licensing, on a form provided by the department, indicating the name, title, address and telephone number of each contact person authorized to apply for confidential license plates.

(4) Upon removal or replacement of an agency head or designated contact person, the department of licensing shall be notified in writing within five days of the change, and a new form as indicated in subsection (3) of this section shall be forwarded to the department.)) (1) A government agency head or designee may apply for confidential license plates or sign correspondence pertaining to confidential license plates.

(2) The government agency head may designate a maximum of two agency employees to represent the agency regarding confidential license plates. The government agency head shall provide the name, title, address, and telephone number of each designee.

(3) A government agency head or designee shall notify the department in writing within five days of any change in the agency head or designee.

[Statutory Authority: RCW 46.08.066. 85-11-014 (Order TL/RG-12), § 308-96A-085, filed 5/8/85.]

AMENDATORY SECTION (Amending Order TL/RG-12, filed 5/8/85)

WAC 308-96A-090  Confidential license plates--((Annual)) Inventory. (((1) At least once each year, at a time designated by the department of licensing, each agency having confidential license plates in its possession shall furnish an inventory of the confidential license plates to the department. The inventory shall include:

(a) A list of confidential license plates in alphabetical order;

(b) The make, year of manufacture and identification number of each vehicle bearing confidential license plates;

(c) A certification, signed by the agency head or designated contact person, that all plates issued to the agency are being utilized solely for those purposes specified by RCW 46.08.066.)) (1) The department shall provide an inventory listing of vehicles, scheduled to be renewed within the next quarter, to each agency participating in the confidential vehicle license plate program. Each government agency shall verify the accuracy of the information by:

(a) Correcting any erroneous information;

(b) Deleting vehicles no longer in the program;

(c) Adding vehicles in the program, but not shown on the inventory listing;

(d) Signing the inventory listing certifying that all confidential license plates shown on the listing are being utilized under RCW 46.08.066; and

(e) Returning the inventory listing to the department.

(2) The department shall not renew a vehicle shown on the quarterly inventory listing until the government agency has complied with the requirements of subsection (1) of this section.

[Statutory Authority: RCW 46.08.066. 85-11-014 (Order TL/RG-12), § 308-96A-090, filed 5/8/85.]

AMENDATORY SECTION (Amending Order TL/RG-12, filed 5/8/85)

WAC 308-96A-095  ((Cancellation of)) Confidential license plates--Refusal and removal. (((1) When an agency no longer requires a set of confidential license plates, the plates and fictitious registration are to be returned to the confidential plate program administrator at the department of licensing for deletion from the agency's inventory.

(2) The department of licensing may cancel or refuse to reissue confidential license plates when it has reasonable grounds to believe that the plates are being used for purposes not authorized under RCW 46.08.066, or otherwise believes continued issuance of the plates would violate the intent or meaning of the referenced statute.)) (1) The department may cancel or refuse to issue or renew confidential license plates when the department or chief of the Washington state patrol has reasonable cause to believe the license plates are not being used for purposes authorized in RCW 46.08.066.

(2) When a government agency no longer requires confidential license plates or the license plates are cancelled:

(a) The government agency shall remove and destroy the license plates and registration or return them to the department; and

(b) Notify the department in writing that the confidential license plates have been removed and destroyed. The department shall delete the confidential license plates record from the confidential program.

[Statutory Authority: RCW 46.08.066. 85-11-014 (Order TL/RG-12), § 308-96A-095, filed 5/8/85.]

AMENDATORY SECTION (Amending Order TL/RG-12, filed 5/8/85)

WAC 308-96A-097  Confidential license plates--Records disclosure. (((1) In accordance with RCW 42.17.310(2), files, records, documents, and any other information pertaining to the confidential licensing program shall be exempt from public inspection and copying, as such disclosure would be contrary to vital government interests.

(2) Information concerning the confidential license plates issued to any particular agency shall not be released, except to the agency head or the designated contact person(s).

(3) Nothing herein shall be construed to prohibit the disclosure of statistical information which is not descriptive of the identity of the confidential vehicle or its usage.)) (1) Because disclosure of confidential license plate information is contrary to vital government interest, the department shall not disclose files, records, documents, and any other information pertaining to the confidential license plate program. These records are exempt from public inspection and copying under RCW 42.17.310(2).

(2) The department shall not release information concerning confidential license plates to anyone other than the government agency head or the designee of the agency that owns the vehicle.

(3) The department may disclose confidential vehicle statistical information if the information is not descriptive of the identity of the confidential vehicle or its usage.

[Statutory Authority: RCW 46.08.066. 85-11-014 (Order TL/RG-12), § 308-96A-097, filed 5/8/85.]