PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 06-19-023.
Title of Rule and Other Identifying Information: WAC 308-56A-310 Personal property lien -- Chattel and 308-93-445 Personal property lien -- Chattel.
Hearing Location(s): Department of Licensing, Conference Room 108, 1125 Washington Street S.E., Olympia, WA 98507, on December 27, 2006, at 2 p.m.
Date of Intended Adoption: January 2, 2007.
Submit Written Comments to: Dale R. Brown, P.O. Box 2957, Mailstop 48200, 1125 Washington Street S.E., Olympia, WA 98507-2957, e-mail dbrown@dol.wa.gov, fax (360) 902-0140, by December 5, 2006.
Assistance for Persons with Disabilities: Contact Dale R. Brown by December 5, 2006, TTY (360) 664-8885.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Subsections (3)(a) of these rules say a court order is required when the vehicle/vessel is no longer in the possession of the person claiming the lien. However, RCW 60.08.010 says the chattel lien is valid even if the chattel is returned to the owner. RCW 60.80.020 also says a person has ninety days from the date of delivery of the chattel to the owner to file the lien. A rule change is required to bring these rules into compliance with applicable laws.
Reasons Supporting Proposal: To bring the rule into compliance with law.
Statutory Authority for Adoption: RCW 88.02.070 and 88.02.100.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: None.
Name of Agency Personnel Responsible for Drafting: Dale Brown, 1125 Washington Street S.E., Olympia, WA, (360) 902-4020; Implementation: Eric Andersen, 1125 Washington Street S.E., Olympia, WA, (360) 902-4045; and Enforcement: Scott Black, 1125 Washington Street S.E., Olympia, WA, (360) 902-3826.
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.
Glenn S. Ball, Administrator
Title and Registration Services
OTS-9226.1
AMENDATORY SECTION(Amending WSR 06-17-145, filed 8/22/06,
effective 9/22/06)
WAC 308-56A-310
Personal property lien -- Chattel.
(1)
What is a chattel lien? For the purposes of this section a
chattel lien is a process by which a person may sell or take
ownership of a vehicle when:
(a) They provide services or materials for a vehicle at the request of the registered owner; and
(b) The person who provided the services and/or materials has not been compensated.
(2) What documents are required to obtain a certificate of ownership for a vehicle? The required documents include:
(a) A completed affidavit of sale chattel lien form provided or approved by the department; and
(b) A certified copy of the lien filing that is filed with the county auditor; and
(c) A copy of the letter(s) sent by the lien applicant via first class mail, and certified or registered mail, to the registered and legal owners of record, including the return receipt; and
(d) ((A copy of the certified or registered mail,
including the return receipt, to the address of the current
registered and legal owners of the lien filing; and
(e))) Affidavit of service by mail; and
(((f))) (e) Application for certificate of ownership; and
(((g))) (f) Other documents that may be required by law
or rule.
(3) When is a Washington court order required to issue a certificate of ownership as a result of a chattel lien? A Washington court order is required when:
(a) ((The vehicle is no longer in the possession of the
person claiming the chattel lien; or
(b))) Someone other than the owner of record requested the services and/or materials; or
(((c))) (b) There is no record of the vehicle on file
with the department((; or)).
(4) What laws regulate chattel liens? Chapter 60.08 RCW regulates chattel liens.
[Statutory Authority: RCW 46.01.110. 06-17-145, § 308-56A-310, filed 8/22/06, effective 9/22/06. Statutory Authority: RCW 88.02.070 and 88.02.100. 01-21-071, § 308-56A-310, filed 10/18/01, effective 11/18/01. Statutory Authority: RCW 46.01.110, 88.02.070 and 88.02,100 [88.02.100]. 01-08-022, § 308-56A-310, filed 3/27/01, effective 4/27/01. Statutory Authority: RCW 46.01.110 and 46.12.101. 99-13-150, § 308-56A-310, filed 6/21/99, effective 7/22/99; Order MV 208, § 308-56A-310, filed 7/31/74.]
OTS-9227.1
AMENDATORY SECTION(Amending WSR 06-17-145, filed 8/22/06,
effective 9/22/06)
WAC 308-93-445
Personal property lien -- Chattel.
(1)
What is a chattel lien? For the purposes of this chapter, a
chattel lien is a process by which a person may sell or take
ownership of a vessel when:
(a) They provide services or materials for the vessel at the request of the registered owner; and
(b) The person who provided the services and/or materials has not been compensated.
(2) What documents are required to issue a certificate of ownership for a vessel? The required documents include:
(a) A completed affidavit of sale chattel lien form provided or approved by the department; and
(b) A certified copy of the lien filing that is filed with the county auditor; and
(c) A copy of the letter(s) sent by the lien applicant via first class mail, and certified or registered mail, to the registered and legal owners of record, including the return receipt; and
(d) ((A copy of the certified or registered mail,
including the return receipt, to the address of the current
registered and legal owner notifying the current registered
and legal owner of the lien filing, and an)) Affidavit of
service by mail; and
(e) Application for certificate of ownership; and
(f) Other documents that may be required by law or rule.
(3) When is a Washington court order required to issue a certificate of ownership as a result of a chattel lien? A court order is required when:
(a) ((The vessel is no longer in the possession of the
person claiming the chattel lien; or
(b))) Someone other than the owner of record requested the services and/or materials; or
(((c))) (b) There is no record of the vessel on file with
the department.
(4) What laws regulate chattel liens? Chapters 60.08 and 60.10 RCW regulate chattel liens.
[Statutory Authority: RCW 46.01.110. 06-17-145, § 308-93-445, filed 8/22/06, effective 9/22/06. Statutory Authority: RCW 88.02.070 and 88.02.100. 01-21-071, § 308-93-445, filed 10/18/01, effective 11/18/01.]