WSR 14-05-095 PROPOSED RULES DEPARTMENT OF LICENSING [Filed February 19, 2014, 9:29 a.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-02-066.
Title of Rule and Other Identifying Information: WAC 308-93-087 Disclosure of names and addresses of individual vessel owners, 308-93-088 Disclosure violations, penalties, and 308-93-089 Lists of registered and legal owners of vessels—Furnished for certain purposes—Penalty for unauthorized use.
Hearing Location(s): Highways-Licenses Building, Conference Room 413, 1125 Washington Street S.E., Olympia, WA 98507 (check in at counter on first floor), on March 26, 2014, at 3:00 p.m.
Date of Intended Adoption: March 27, 2014.
Submit Written Comments to: Ben Shomshor, P.O. Box 2957, Olympia, WA 98507-2957, e-mail Bshomshor@dol.wa.gov, by March 25, 2014.
Assistance for Persons with Disabilities: Contact Ben Shomshor by March 20, 2014, TTY (360) 664-0116 or (360) 902-3928.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: We are proposing the repeal of WAC 308-93-087, 308-93-088 and 308-93-089 for improved administrative efficiency while enhancing access to public records of vessel ownership. Repealing these rules will:
1. Eliminate exemptions on public disclosure of vessel owner information. We will release the records on individual request limited only by exemptions in the Public Records Act, chapter 42.56 RCW, or other applicable federal and state statutes. In practical terms since the rules was [were] established we have only released the information to businesses for a business purpose. The requester had to present a business license. Individuals will now be able to request the information; they will not need to give a reason for the request. (We also released to government agencies but that will not change.)
2. Allow the release of lists of owners, together with their names and addresses, hull numbers, etc., while PROHIBITING release of the information if it is going to be used for commercial purposes.
3. Eliminate penalties for the misuse of information, other than those civil penalties for using lists of individuals for commercial purposes.
4. Eliminate the requirement to notify vessel owners if their information is released to a private investigator or attorney.
Reasons Supporting Proposal: Administrative efficiency and openness of government records. Also supports state and county efforts to better address problems caused by derelict vessels.
Statutory Authority for Adoption: RCW 46.01.110.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of licensing, governmental.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Ben Shomshor, Highways-Licenses Building, Olympia, Washington, (360) 902-3928.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Not applicable. This is for rules repeal only.
A cost-benefit analysis is not required under RCW 34.05.328. Not applicable. This is for rules repeal only.
February 19, 2014
Damon Monroe
Rules Coordinator
REPEALER
The following sections of the Washington Administrative Code are repealed:
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