PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-07-104.
Title of Rule: Vessel registration and certificate of title -- Confidential vessel registration, WAC 308-93-241, 308-93-242, 308-93-243, 308-93-244, and 308-93-245.
Purpose: 1. Clarify the process of registering confidential vessels.
2. To meet the criteria set forth in Governor Locke's Executive Order 97-02.
Statutory Authority for Adoption: RCW 88.02.070, 88.02.100, 88.02.120.
Summary: Amending WAC 308-93-241 Confidential vessel registration -- Application procedure, 308-93-242 Confidential vessel program -- Agency contact, 308-93-243 Confidential vessel registrations -- Inventory and 308-93-244 Confidential vessel registrations -- Refusal and removal; and repealing WAC 308-93-245 Confidential vessel registrations -- Records disclosure.
Reasons Supporting Proposal: Meet criteria supporting Governor Locke's Executive Order 97-02.
Name of Agency Personnel Responsible for Drafting: Patrick Zlateff, 1125 Washington Street S.E., Olympia, (360) 902-3718; Implementation and Enforcement: Deborah McCurley, 1125 Washington Street S.E., Olympia, (360) 902-3754.
Name of Proponent:
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 as needed. Repeal sections as needed. Meet criteria of Executive Order 97-02.
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.
Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. The content of the proposed rules are explicitly and specifically dictated by statute.
Hearing Location: Highways-Licenses Building, Conference Room 107, 1125 Washington Street, Olympia, WA 98507, on September 21, 2000, at 10:00 a.m.
Assistance for Persons with Disabilities: Contact Pat Zlateff by September 20, 2000, TTY (360) 664-8885, or (360) 902-3718.
Submit Written Comments to: Patrick Zlateff, Rules Coordinator, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, fax (360) 664-0831, by September 20, 2000.
Date of Intended Adoption: October 24, 2000.
July 31, 2000
Deborah McCurley, Administrator
Title and Registration Services
OTS-4235.1
AMENDATORY SECTION(Amending WSR 98-16-001, filed 7/22/98,
effective 8/22/98)
WAC 308-93-241
Confidential and undercover vessel
registration -- Application procedures.
(1) ((A government agency
requesting confidential vessel registration shall:
(a) Write to the department on their letterhead requesting one or more vessels be included in the confidential vessel program;
(b) Complete an application form approved by the department;
(c) Provide a copy of the current certificate of ownership or registration certificate showing the vessel is registered to the government agency.
(2) The letter of request and application shall be signed by the government agency head or designated contact person.)) What are confidential and undercover vessel registrations as referred to in RCW 88.02.035? Confidential and undercover registrations are nonexempt registrations assigned to vessels owned by government agencies identified in RCW 88.02.035.
(2) What are my registration options under RCW 88.02.035? You may choose to register government owned or operated vessels in the confidential/undercover registration program in one of the following ways:
(a) Selecting the confidential vessel registration option shows the government agencies names and addresses on the registration certificates and other department records subject to public disclosure; or
(b) Selecting the undercover vessel registration option shows fictitious names and addresses on the registration certificates and other 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? Government agencies 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 not been used.
(4) How does a government agency apply for confidential or undercover vessel registration? A government agency requesting confidential/undercover vessel registration must provide:
(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;
(b) A copy of the current certificate of ownership, registration certificate or other documents approved by the department showing the vehicle is owned or operated by the government agency.
[Statutory Authority: RCW 88.02.070, 88.02.100 and 88.02.120. 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.]
(1) ((A government agency head or
designee may apply for confidential vessel registrations or sign
correspondence pertaining to confidential vessel registrations.
(2) The government agency head may designate a maximum of two agency employees to represent the agency regarding confidential vessel registrations. The government agency head shall provide the name, title, address, and telephone number of each designee.
(3) A government agency head or designee shall notify the department in writing within five days of any change in the agency head or designee.)) Who may represent a government agency regarding confidential or undercover registration? The government agency head must designate two employees to represent the agency regarding confidential/undercover registration. The 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 and 88.02.120. 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.]
(1) ((The department
shall provide an inventory listing of vessels to each agency
participating in the confidential vessel registration program.
Each government agency shall verify the accuracy of the
information by:
(a) Correcting any erroneous information;
(b) Delete vessels no longer in the program;
(c) Adding vessels in the program, but not shown on the inventory listing;
(d) Signing the inventory listing certifying that all confidential vessel registrations shown on the listing are being utilized under RCW 88.02.035(3); and
(e) Returning the inventory listing to the department.
(2) The department shall not renew a vessel shown on the inventory listing until the government agency has complied with the requirements of subsection (1) of this section.)) 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.
(2) What action does the department take if annual lists are not returned? The department may refuse to renew a vessel shown on the annual 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 and 88.02.120. 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.]
(1) ((The
department may cancel or refuse to issue or renew a confidential
vessel registration when the department or chief of the
Washington state patrol has reasonable cause to believe the
registration is not being used for purposes authorized in RCW 88.02.035.
(2) When a government agency no longer requires a confidential vessel registration or the registration is cancelled:
(a) The government agency shall remove and destroy the validation decal and return the confidential vessel registration to the department; and
(b) The department shall delete the confidential vessel registration record from the confidential vessel program.)) Who may cancel confidential or undercover 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.
(2) How are confidential or undercover registrations canceled? 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.
(3) Can the vessel decal issued by the department to the confidential or undercover vessel remain on the vessel when it is removed from the program? No. The decal 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 and 88.02.120. 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.]
The following section of the Washington Administrative Code is repealed:
| WAC 308-93-245 | Confidential vessel registrations -- Records disclosure. |