WSR 00-01-059

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed December 10, 1999, 11:41 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 99-18-131.

Title of Rule: Chapter 308-88 WAC, Rental car taxation and licensing.

Purpose: 1. To meet the criteria set forth in Governor Locke's Executive Order 97-02.

2. To clarify rule and help make them more comprehensible.

Statutory Authority for Adoption: RCW 46.01.110.

Summary: Amending WAC 308-88-020 Registration of rental car business; and repealing WAC 308-88-010 Definitions, 308-88-030 Application for registration, 308-88-040 Issuance of rental car business registration, 308-88-050 Waiver of business registration requirements, and 308-88-170 Rental car registered in another jurisdiction -- Temporary operating authority for Washington.

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

Name of Agency Personnel Responsible for Drafting: Patrick J. Zlateff, 1125 Washington Street S.E., Olympia, 902-3718; Implementation and Enforcement: Lynda Henriksen, 1125 Washington Street S.E., Olympia, 902-3811.

Name of Proponent: , governmental.

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 needed and repeal those no longer required.

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 does not apply to this rule adoption. The contents of the proposed rules are explicitly and specifically dictated by statute.

Hearing Location: Highways-Licenses Building, Conference Room, 1125 Washington Street S.E., Olympia, WA 98507, on February 17, 2000, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Patrick J. Zlateff by February 16, 2000, TDD (360) 664-8885, or (360) 902-3718.

Submit Written Comments to: Patrick J. Zlateff, Rules Coordinator, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, fax (360) 664-0831, by February 16, 2000.

Date of Intended Adoption: February 23, 2000.

December 10, 1999

D. McCurley, Administrator

Title and Registration Services

OTS-3685.1


AMENDATORY SECTION(Amending WSR 93-01-066, filed 12/11/92, effective 1/11/93)

WAC 308-88-020
Application and registration of rental car businesses.

((A rental car business engaged in the business of renting rental cars must register with the department and renew its registration annually.      The rental car business will be assigned a business registration number, which will exempt the payment of the motor vehicle excise tax on properly registered rental cars.      The rental car business shall comply with all department of revenue rules regarding collection of the applicable taxes.)) (1) What is the definition of a "place of business"? For the purposes of this section: "Place of business" means a street address location within the state of Washington.

(2) What is the first step in becoming a rental car business? Applicants shall complete an application supplied by master licensing service.

(3) What information is required for application as a rental car business? Every complete application for a rental car business shall require:

(a) The business name and address of the principal place of business of the applicant.

(b) The business name and address on the application and all required supporting documents must be the same.

(c) Evidence that the corporation is authorized to do business in this state.

(4) What will I receive as proof that I qualified as a rental car business? Master licensing service's will assign you a rental car Washington tax registration number and a Unified Business Identifier (UBI) number if none has been previously issued.

(5) How will I register my rental car vehicles? Vehicle registration and annual renewals shall be made to the department of licensing.

(6) Can I transfer my business registration number to another company? No. The registration number issued by the master licensing service is not assignable or transferable, and is valid only for the rental car business in whose name it is issued. The name of the legal or registered owner of all rental cars rented by a retail rental car business recorded on the vehicle's registration must be identical to the business name of the retail rental car business as was stated on the retail rental car business registration application submitted to the department.

[Statutory Authority: ESHB 2964, § 7(9).      93-01-066, § 308-88-020, filed 12/11/92, effective 1/11/93.]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 308-88-010 Definitions.
WAC 308-88-030 Application for registration.
WAC 308-88-040 Issuance of rental car business registration.
WAC 308-88-050 Waiver of business registration requirements.
WAC 308-88-170 Rental cars registered in another jurisdiction -- Temporary operating authority for Washington operations.

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