PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-06-001.
Title of Rule: Chapter 308-97 WAC, Vehicle license interstate and intransit permits.
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, chapter 82.44 RCW.
Summary: Amending WAC 308-97-230.
Reasons Supporting Proposal: Meet criteria supporting Governor Locke's Executive Order 97-02.
Name of Agency Personnel Responsible for Drafting: Katherine I. Vasquez, 1125 Washington Street S.E., Olympia, (360) 902-3718; Implementation and Enforcement: Eric Andersen, 1125 Washington Street S.E., Olympia, (360) 902-4045.
Name of Proponent: , governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: This rule implements the requirements of RCW 88.42.022. It clarifies what personal use vehicles qualify and how the credit applies.
The anticipated effects will be a clarification of the above mentioned requirements.
Proposal does not change existing rules.
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 August 1, 2001, at 10:30 a.m.
Assistance for Persons with Disabilities: Contact Katherine I. Vasquez by July 31, 2001, TTY (360) 664-8885, or (360) 902-3718.
Submit Written Comments to: Katherine I. Vasquez, Rules Manager, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, fax (360) 664-0831, by July 31, 2001.
Date of Intended Adoption: August 15, 2001.
June 11, 2001
D. McCurley, Acting Administrator
Title and Registration Services
by A. Farley
OTS-4671.1
AMENDATORY SECTION(Amending WSR 98-23-026, filed 11/9/98,
effective 12/10/98)
WAC 308-97-230
Appointment of vehicle trip permit agents.
(1) Who can sell vehicle trip permits?
Vehicle trip permits may be sold by those entities cited in RCW 46.16.160. These entities include government and nongovernment organizations.
(2) How does a nongovernment organization obtain approval to sell vehicle trip permits?
Nongovernment organizations must:
(a) Apply to the department;
(b) Execute an agreement to abide by the requirements of this section and RCW 46.16.160;
(c) Provide a surety bond; and
(d) Provide transmission fee schedule if issuing permits electronically.
(3) How do I obtain an application to become an agent for selling trip permits?
Any nongovernment organization may obtain an application form from the department of licensing, prorate and fuel tax section.
(4) What are the components of the agreement?
The components of the agreement require the agent to:
(a) Timely account and pay all permit fees;
(b) Subject their books and records to periodic audit;
(c) Pay interest and penalties upon any deficiency;
(d) Maintain records of transmittals for a period of four calendar years and make these records available to the department or its representative during business hours at the agent's office;
(e) Mail or deliver transmittals at least bimonthly to the department by the last Friday of each recording period for permit sales covering the preceding fifteen days. Transmittals shall be accompanied by the appropriate fees and any documents required by the department;
(f) Reimburse the department for the administrative fee and excise tax of any permit, which is missing, lost, or otherwise unaccounted for. For the purposes of this section, "excise tax" means the tax collected as explained in RCW 46-16-160(9).
(5) What are the requirements of a surety bond?
The requirements of a surety bond are to:
(a) Be on a form provided by the department;
(b) Meet the provisions of chapter 48.28 RCW for a corporate surety bond;
(c) Be executed by the applicant as principal;
(d) Be payable to the state conditioned upon the performance of all the requirements of this section and RCW 46.16.160, including payment of any and all permit fees, payment of audit assessments, interest and penalties due or which become due;
(e) Be in an amount equal to the monetary value of vehicle trip permits issued to an agent.
(6) What is the agent fee for selling a vehicle transit permit?
The agent fee is the filing fee mandated by RCW 46.01.140.
(7) How may vehicle trip permits be issued?
Vehicle trip permits may be issued by:
(a) Original two-part manual form;
(b) Facsimile of the two-part manual form; or
(c) Authorized electronic form.
(8) If the permit is issued by facsimile or other electronic means, may the agent collect an additional transmission fee?
Yes. As long as the fee does not exceed that listed on the transmission schedule filed with the department.
(9) What happens if the agent fails to comply with the agreement?
The department may, after proper notice, served personally or by an affidavit of mailing, revoke the appointment of any agent who has violated any provisions of RCW 46.16.160, chapter 308-97 WAC, or breached the appointment agreement. Upon notice of revocation of an agent's appointment, the agent shall return to the department any vehicle trip permits in inventory and any money owed to the department.
[Statutory Authority: RCW 46.16.160. 98-23-026, 308-97-230, filed 11/9/98, effective 12/10/98; 81-16-010 (Order DOL 634), 308-97-230, filed 7/24/81. Statutory Authority: RCW 46.01.110. 80-13-001 (Order DOL 591), 308-97-230, filed 9/4/80.]
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.