WSR 97-21-056

PROPOSED RULES

DEPARTMENT OF LICENSING

[Filed October 14, 1997, 9:10 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 97-12-026.

Title of Rule: Chapter 308-93 WAC, Vessel registration and certificates of title.

Purpose: Implementation of SHB 5513, chapter 83, Laws of 1997, which adds an additional classification of vessels exempt from registration, excise tax and titling. Creates a new identification document for vessels registered in another jurisdiction which remain in this state for personal use or enjoyment for more than six months in any continuous twelve months.

Statutory Authority for Adoption: RCW 88.02.100.

Statute Being Implemented: RCW 88.02.030.

Summary: The owner of a foreign vessel who operates in the waters of this state for more than sixty days in any continuous twelve months must purchase a special vessel identification document which allows them to operate on the waters of this state for an additional sixty days. A maximum of two vessel identification documents may be purchased in the continuous twelve months.

Reasons Supporting Proposal: Implementation of SHB 5513, chapter 83, Laws of 1997.

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

Name of Proponent: Department of Licensing, governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: The owner of a foreign vessel who operates in the waters of this state for more than sixty days in any continuous twelve months must purchase a special vessel identification document which allows them to operate on the waters of this state for an additional sixty days. A maximum of two vessel identification documents may be purchased in the continuous twelve months.

This rule change will provide guidance and direction to the vessel owner on how to apply for the special identification document. It is anticipated that approximately 200 documents will be sold annually.

Proposal Changes the Following Existing Rules: Adds requirements to WAC 308-93-050 Vessels exempt from registration, excise tax and titling, by taking out redundant information. Amends WAC 308-93-640 to reflect the requirements of SSB 5513, chapter 83, Laws of 1997. Creates new section in chapter 308-93 WAC, Vessel registration and certificates of title. WAC 308-93-055 Foreign vessels operating in this state--Identification document required, guides the owner of a foreign vessel in the requirements for and application for the special identification document.

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.

RCW 34.05.328 (5)(a) does not apply to this rule adoption.

Hearing Location: Highways-Licenses Building, Conference Room 303, 1125 Washington Street S.E., Olympia, WA 98507, on November 25, 1997, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Pat Zlateff by November 21, 1997, TDD (360) 664-8885, or (360) 902-3718.

Submit Written Comments to: Patrick J. Zlateff, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, FAX (360) 902-3718, by November 21, 1997.

Date of Intended Adoption: December 20, 1997.

October 13, 1997

Nancy Kelly, Administrator

Title and Registration Services

AMENDATORY SECTION (Amending WSR 96-16-038, filed 8/1/96, effective 9/1/96)

WAC 308-93-050 Vessels exempted from registration, excise tax and titling. The following vessels are exempt from registration, titling, and the assessment of excise tax:

(1) Vessels exempt from registration pursuant to RCW 88.02.030;

(2) ((Vessels that have been issued a valid number under federal law or by an approved issuing authority of the state of principal operation, unless the vessel is physically located in this state for a period of more than sixty days in any twelve-month period. A vessel that is validly registered in another state but is removed to this state for principal use is subject to titling, registration and assessment of excise taxes, unless otherwise exempt;

(3))) Vessels primarily engaged in commerce which have or are required to have a valid marine document as a vessel of the United States, including but not limited to:

(a) Commercial fishing vessels;

(b) Barges;

(c) Charter vessels, including, bare boat and time share charters((.));

(((4))) (3) Vessels owned by Indian tribes and tribal members as provided in WAC 308-93-700 through 308-93-770;

(4) A vessel that is validly registered in another state but is removed to this state for principal use is subject to titling, registration and assessment of excise taxes on the sixty-first day of being in this state unless otherwise exempt.

[Statutory Authority: RCW 88.02.100 and United States v Washington, Subproceeding No. 88-1. 96-16-038, 308-93-050, filed 8/1/96, effective 9/1/96. Statutory Authority: RCW 88.02.070 and [88.02].100. 93-14-082, 308-93-050, filed 6/30/93, effective 7/31/93. Statutory Authority: RCW 88.02.100 and 1991 c 339 30 and 31. 92-03-075, 308-93-050, filed 1/14/92, effective 2/14/92. Statutory Authority: RCW 88.02.100 and 88.02.120. 90-08-018, 308-93-050, filed 3/28/90, effective 4/28/90. Statutory Authority: 1985 c 258. 85-23-066 (Order TL-RG-19), 308-93-050, filed 11/19/85. Statutory Authority: RCW 88.02.070 and 88.02.100. 84-19-026 (Order TL-RG 8), 308-93-050, filed 9/13/84. Statutory Authority: 1983 c 7 20 and 1983 2nd ex.s. c 3 46. 83-23-076 (Order 736-DOL), 308-93-050, filed 11/18/83.]

NEW SECTION

WAC 308-93-055 Foreign vessels operating in this state--Identification document required. Beginning January 1, 1998, the owner of a foreign vessel having been issued a valid number under federal law or by an approved issuing authority of the state of principal operation, whose vessel is remaining in this state for personal use or enjoyment for more than sixty days must:

(1) Obtain a two month identification document issued by the department, its agents or subagents on or by the sixty-first day;

(2) Indicate when the vessel first came into the state;

(3) Pay a nonrefundable fee of twenty-five dollars plus a filing fee and subagent fee, if applicable, per identification document;

(4) Not use more than two identification documents in any continuous twelve-month period. The twelve months begins on the date the vessel first entered this state;

(5) Keep the identification document placard and receipt on the vessel while on the waters of this state;

(6) Display the identification document placard in a location that is visible at all times from outside the vessel. The placard must be protected from weathering;

(7) Provide proof of nonresidency by showing the vessel's out-of-state registration and out-of-state driver license or out-of-state photo identification at time of application.

[]

AMENDATORY SECTION (Amending Order TL-RG 8, filed 9/13/84)

WAC 308-93-640 Reciprocity. (1) A vessel owned by a resident of another state which is already covered by a number in full force and effect issued to it pursuant to federal laws or a numbering system of such state shall be exempt from registration requirements for a period of ((sixty days)) not more than six months in any continuous twelve-month period but only to the extent a similar reciprocity is granted for vessels registered in the state of Washington. However, on or before the sixty-first day of use in this state, the owner of a foreign vessel must obtain a two-month vessel identification document issued by the department, its agents or subagents in accordance with WAC 308-93-055. Vessels either registered or numbered under the laws of a country other than the United States or have a valid United States customs service cruising license are exempt from this requirement.

(2) When a vessel is removed to the state of Washington as a new state of principal use, Washington shall recognize the validity of a number awarded by any other issuing authority for a period of at least sixty days before requiring numbering in this state.