WSR 02-18-012

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed August 22, 2002, 10:08 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 02-08-006.

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

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 88.02.070, 88.02.100, and 88.02.120.

Summary: Amending WAC 308-93-241, 308-93-242, 308-93-243, and 308-93-244.

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

Name of Agency Personnel Responsible for Drafting: Katherine Iyall Vasquez, 1125 Washington Street S.E., Olympia, (360) 902-3718; Implementation and Enforcement: Deb McCurley, 1125 Washington Street S.E., Olympia, (360) 902-3754.

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 business 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 October 8, 2002, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Katherine Iyall Vasquez by October 7, 2002, 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 October 7, 2002.

Date of Intended Adoption: October 18, 2002.

August 21, 2002

Katherine Vasquez

for D. McCurley, Administrator

Title and Registration Services

OTS-5905.1


AMENDATORY SECTION(Amending WSR 00-22-068, filed 10/30/00, effective 11/30/00)

WAC 308-93-241   ((Confidential)) Undercover and ((undercover)) confidential vessel registration -- Application procedures.   (1) What are ((confidential)) undercover and ((undercover)) confidential vessel registrations ((as referred to in RCW 88.02.035))? ((Confidential)) Undercover and ((undercover)) confidential registrations are nonexempt registrations assigned only to vessels owned or operated by government agencies as identified in RCW 88.02.035.

(2) ((What)) How are ((my registration options under RCW 88.02.035)) undercover and confidential vessels registered? ((You may choose to register government owned or operated vessels in the confidential/undercover registration program)) Government owned or operated vessels may be registered in one of the following ways:

(a) ((Selecting the confidential vessel registration option shows the government agency's name and address on the registration certificates and other department records subject to public disclosure; or

(b) Selecting the undercover vessel registration option shows a fictitious name and address on the registration certificates and other)) If registered with an undercover vessel registration number, the record will show fictitious names and addresses on all department records subject to public disclosure; or

(b) If registered with a confidential vessel registration number, the record will show the government agency name and address on all department records subject to public disclosure.

(3) Is a government agency responsible for ensuring safeguards to select a fictitious name and address for undercover vessel registrations? Yes, government agency's must certify on the application that precautions (((i.e., checking phone book, Internet, etc.,))) have been taken to ensure that the use of citizens' names and legitimate licensed Washington businesses ((have)) has not been used.

(4) How does a government agency apply for ((confidential)) an undercover or ((undercover)) confidential vessel registration? A government agency requesting ((confidential/undercover)) an undercover/confidential vessel registration must provide ((to the department of licensing)):

(a) A completed application form approved by the department and signed by the government agency head or designated contact person. The agency must indicate on the application form which type of registration is needed (undercover or confidential);

(b) A copy of the current certificate of ownership, registration certificate or other documents approved by the department showing the vessel is owned or operated by the government agency.

[Statutory Authority: RCW 88.02.070, 88.02.100, 88.02.120. 00-22-068, 308-93-241, filed 10/30/00, effective 11/30/00; 98-16-001, 308-93-241, filed 7/22/98, effective 8/22/98. Statutory Authority: RCW 88.02.035(3). 92-15-023, 308-93-241, filed 7/6/92, effective 8/6/92.]


AMENDATORY SECTION(Amending WSR 00-22-068, filed 10/30/00, effective 11/30/00)

WAC 308-93-242   ((Confidential/undercover)) Undercover/confidential vessel ((program)) registration -- Agency contact.   (1) Who may represent a government agency regarding ((confidential)) undercover or ((undercover)) confidential vessel registration? The government agency head ((must)) may designate two agency employees to represent the agency regarding ((confidential/undercover)) undercover/confidential registration. The government agency head must provide name, signature, title, address, telephone number, and if applicable, fax number and e-mail address of each designee must be provided.

(2) How often does the government agency contact information need to be updated? The government agency contact information must be updated, in writing, ((annually or)) within thirty days of any change in the agency head or designee. ((The government agency is responsible for initiating the update when a change occurs.))

[Statutory Authority: RCW 88.02.070, 88.02.100, 88.02.120. 00-22-068, 308-93-242, filed 10/30/00, effective 11/30/00; 98-16-001, 308-93-242, filed 7/22/98, effective 8/22/98. Statutory Authority: RCW 88.02.035(3). 92-15-023, 308-93-242, filed 7/6/92, effective 8/6/92.]


AMENDATORY SECTION(Amending WSR 00-22-068, filed 10/30/00, effective 11/30/00)

WAC 308-93-243   ((Confidential)) Undercover or ((undercover)) confidential vessel registrations -- ((Annual list)) Vessel inventory.   (1) ((How does the department maintain the annual list of vessels with confidential or undercover registrations?

(a) The department provides the annual list of vessels to each government agency participating in the confidential/undercover registration program to verify the accuracy of the information by:

(i) Correcting any incorrect information;

(ii) Deleting vessels no longer in the program by clearly indicating which vessels need to be deleted;

(iii) Adding vessels to the list by submitting the original application (or a copy if already submitted);

(iv) Signing and returning the list by the date requested to verify compliance with RCW 88.02.035(3).

(b) The department updates the annual list of vessels based on information submitted by the government agencies.)) How does the department maintain a current inventory listing of vessels with undercover or confidential registrations?

(a) The department provides an inventory list of vessels, scheduled to be renewed within the next quarter, to each agency participating in the undercover/confidential vessel registration program. Each government agency verifies the accuracy of the information by:

(i) Correcting any erroneous information;

(ii) Deleting vessels no longer in the program by marking plainly on the list "deleted" next to the vessel that needs to be deleted;

(iii) Signing the inventory list certifying that all undercover and confidential vessels shown on the list are being utilized under RCW 88.02.035(3); and

(iv) Returning the updated inventory list to the department by the date requested.

(b) The department updates the agency inventory based on information submitted by the agencies.

(2) What action does the department take if ((annual lists are not returned)) a government agency fails to return their inventory list? The department may refuse to renew a vessel(s) shown on the ((annual)) quarterly inventory list until the government agency has complied with the requirements of subsection (1) of this section.

[Statutory Authority: RCW 88.02.070, 88.02.100, 88.02.120. 00-22-068, 308-93-243, filed 10/30/00, effective 11/30/00; 98-16-001, 308-93-243, filed 7/22/98, effective 8/22/98. Statutory Authority: RCW 88.02.035(3). 92-15-023, 308-93-243, filed 7/6/92, effective 8/6/92.]


AMENDATORY SECTION(Amending WSR 00-22-068, filed 10/30/00, effective 11/30/00)

WAC 308-93-244   ((Confidential)) Undercover or ((undercover)) confidential vessel registrations -- Cancellation.   (1) Who may cancel ((confidential)) undercover or ((undercover)) confidential vessel registrations?

((The department may cancel or refuse to renew confidential or undercover registrations when the department has reasonable cause to believe the registrations are being used for purposes other than those authorized in RCW 88.02.035. A government agency may request cancellation of their confidential or undercover registrations when the vessel is no longer used for this purpose.)) Undercover or confidential vessel registrations may be canceled in one of two ways:

(a) The department may cancel or refuse to renew undercover or confidential vessel registrations when the department has reasonable cause to believe the vessel is being used for purposes other than those authorized in RCW 88.02.035; or

(b) A government agency may request cancellation of their undercover or confidential vessel registration when the undercover or confidential registration is no longer required.

(2) How ((are confidential or undercover registrations canceled)) does a government agency cancel undercover or confidential vessel registration? ((Confidential or undercover registrations are canceled when the government agency notifies the department in writing via mail, fax, or e-mail that they are no longer required, and indicate whether the registrations:

(a) Are being returned to the department; or

(b) Have been destroyed.

The department will then delete the confidential or undercover registration record from the program and from other department records.)) The government agency notifies the department in writing that the undercover or confidential vessel registration is no longer required, and indicates that the vessel registration numbers and decals have been removed from the vessel. The department of licensing then changes the record to indicate the vehicle is registered to the government agency.

(3) ((Can)) May the undercover or confidential vessel registration numbers and decals ((issued by the department to the confidential or undercover vessel)) remain on the vessel when it is removed from the program? No. The registration numbers and decals must be removed from the vessel ((and returned to the department or destroyed by the agency)).

[Statutory Authority: RCW 88.02.070, 88.02.100, 88.02.120. 00-22-068, 308-93-244, filed 10/30/00, effective 11/30/00; 98-16-001, 308-93-244, filed 7/22/98, effective 8/22/98. Statutory Authority: RCW 88.02.035(3). 92-15-023, 308-93-244, filed 7/6/92, effective 8/6/92.]

Washington State Code Reviser's Office