Original Notice.

Preproposal statement of inquiry was filed as WSR 00-24-113.

Title of Rule: Chapter 308-96A WAC, Procedures for reporting and collecting parking ticket violations.

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

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

Statutory Authority for Adoption: RCW 46.01.110, 46.12.040, 46.16.216.

Summary: Amending WAC 308-96A-350 Outstanding parking violations -- Information to be supplied by issuing jurisdiction, 308-96A-355 Satisfaction of parking violations -- Information to be supplied by issuing jurisdiction, and 308-96A-365 Reinstatement of parking violation.

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

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Katherine Iyall Vasquez, 1125 Washington Street S.E., Olympia, (360) 902-3718.

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 107, 1125 Washington Street S.E., Olympia, WA 98507, on July 30, 2001, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Katherine Iyall Vasquez by July 27, 2001, TTY (360) 664-8885, or (360) 902-3718.

Submit Written Comments to: Katherine Iyall Vasquez, Rules Manager, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, fax (360) 664-0831, by July 27, 2001.

Date of Intended Adoption: August 20, 2001.

June 11, 2001

D. McCurley, Administrator

Title and Registration Services

by A. Farley

OTS-4921.1

AMENDATORY SECTION(Amending WSR 00-03-057, filed 1/18/00, effective 2/18/00)

WAC 308-96A-350   Outstanding parking violations -- Information to be supplied by issuing jurisdiction.   (1) How is the department notified of outstanding (unpaid) parking violations? The jurisdiction notifies the department of outstanding parking violations. The notice will include the following:

(a) Jurisdiction name.

(b) NCIC number originating agency identifier (ORI).

(c) Parking violation number.

(d) Date parking violation was issued.

(e) Vehicle license plate number.

(f) Fine and penalty amount.

(g) Jurisdiction seal, except if filed electronically.

(h) Signature and date when required on form, except if filed electronically.

(2) When will the department accept parking violations for a vehicle data base record by a jurisdiction? An original report against a vehicle record must contain a minimum of two outstanding violations from one jurisdiction. Subsequent reports against that vehicle by that same jurisdiction may be for a single violation unless ((such)) the vehicle record indicates all existing violations have been paid and no further violations have been accrued in the thirteen months following ((said)) the payment. If thirteen months have elapsed, the jurisdiction must submit an original report containing a minimum of two violations.

(3) What methods do jurisdictions use to notify the department of parking violations? ((Such)) Information must be provided in accordance with department instructions by:

(a) A form issued by the department;

(b) A computer listing sheet; or

(c) Electronic format.

[Statutory Authority: RCW 46.01.110, 46.12.040 and 46.16.216. 00-03-057, 308-96A-350, filed 1/18/00, effective 2/18/00; 91-04-024, 308-96A-350, filed 1/29/91, effective 3/1/91. Statutory Authority: RCW 46.01.110. 84-17-074 (Order TL-RG 7), 308-96A-350, filed 8/15/84.]

(1) Furnish the registered owner with a proof of payment form ((as approved by the department,)); and

(2) ((Within ten days of satisfaction, supply the department with the following information:)) Supply the department with the following information within ten days of satisfaction of the parking violations. The information must be on a form approved by the department, on a computer listing sheet or electronic format in accordance with department instructions containing:

(a) Jurisdiction name,

(b) NCIC number originating agency identifier (ORI),

(c) Parking violation number,

(d) Date parking violation was issued,

(e) Vehicle license plate number,

(f) Date of satisfaction,

(g) Jurisdiction seal, except if filed electronically,

(h) Signature of court representative and date signed, except if filed electronically.

((Such)) Information must be provided on a form approved by the department on a computer listing sheet or electronic format in accordance with department instructions.

[Statutory Authority: RCW 46.01.110, 46.12.040 and 46.16.216. 00-03-057, 308-96A-355, filed 1/18/00, effective 2/18/00. Statutory Authority: RCW 46.01.110. 84-17-074 (Order TL-RG 7), 308-96A-355, filed 8/15/84.]

(a) Jurisdiction reporting error;

(b) Dishonored check for payment of fines and penalties;

(c) Departmental error.

(2) How is a parking violation reinstated that has been previously reported as satisfied((, reinstated))? The jurisdiction seeking reinstatement of a parking violation must supply the department with the following information:

(a) Jurisdiction name,

(b) NCIC number originating agency identifier (ORI),

(c) Parking violation number,

(d) Date parking violation was issued,

(e) Vehicle license plate number,

(f) Fine and penalty amount,

(g) Jurisdiction seal, except if filed electronically,

(h) Signature of court representative and date signed, except if filed electronically,

(i) Reason for reinstatement.

((Such)) Information must be on a form approved by the department on a computer listing sheet or electronic format in accordance with department instructions.

[Statutory Authority: RCW 46.01.110, 46.12.040 and 46.16.216. 00-03-057, 308-96A-365, filed 1/18/00, effective 2/18/00. Statutory Authority: RCW 46.01.110. 84-17-074 (Order TL-RG 7), 308-96A-365, filed 8/15/84.]

Washington State Code Reviser's Office