Original Notice.

     Preproposal statement of inquiry was filed as WSR 02-05-020.

     Title of Rule: Chapter 308-96A WAC, Vehicle licenses.

     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 46.08.066.

     Summary: Amending WAC 308-96A-080, 308-96A-085, 308-96A-090, and 308-96A-095.

     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 26, 2002

Katherine Vasquez

for D. McCurley, Administrator

Title and Registration Services

OTS-5906.1

AMENDATORY SECTION(Amending WSR 99-16-020, filed 7/26/99, effective 8/26/99)

WAC 308-96A-080   ((Confidential/undercover)) Undercover and confidential license plates -- Application procedures.   (1) What are ((confidential)) undercover and ((undercover)) confidential license plates ((as referred to in RCW 46.08.066))?

     ((Confidential)) (a) An undercover license plate is issued to local, state, and federal government agencies for law enforcement purposes only to be used in confidential, investigative, or undercover work, confidential public health work, and confidential public assistance fraud or support investigations.

     (b) A confidential license plate is issued to any elected state official for use on official business. Confidential plates are also issued when necessary for the personal security of any other public officer or public employee for the conduct of official business for the period of time that the personal security of such state official, public officer, or other public employee may require.

     Undercover and ((undercover)) confidential license plates are standard issue license plates assigned only to vehicles owned or operated by ((public)) government agencies((. These license plates are used as specifically authorized by)) as identified in RCW 46.08.066.

     (2) ((What are my registration options under RCW 46.08.066)) How are undercover and confidential vehicles registered? ((You may choose to register a publicly)) Government owned or operated vehicles ((in the confidential/undercover license plate program)) in one of the following ways:

     (a) ((Selecting the undercover option will show fictitious names and addresses on the registration certificates and other department records subject to public disclosure; or

     (b) Selecting the confidential license plate option will show the public agency names and addresses on the registration certificates and other department records subject to public disclosure.

     (3) What safeguards shall a public agency use to select a fictitious name and address)) If registered with an undercover license plate, the record will show fictitious names and addresses on all department records subject to public disclosure; or

     (b) If registered with a confidential license plate, 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 that safeguards are used to select a fictitious name and address for undercover vehicle registrations? ((Public)) Yes, government agencies shall certify on the application that precautions have been taken to ensure that ((the use of citizens')) names and legitimate licensed Washington businesses have not been used.

     (4) ((Who may apply for a confidential license plate? Only public agencies identified in RCW 46.08.066 are authorized to apply for confidential license plates.

     (5))) How does a ((public)) government agency apply for ((confidential)) undercover or ((undercover)) confidential license plates? A ((public)) government agency requesting undercover or confidential ((or undercover)) license plates shall provide:

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

     (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 ((public)) government agency.

[Statutory Authority: RCW 46.08.066. 99-16-020, § 308-96A-080, filed 7/26/99, effective 8/26/99; 98-16-002, § 308-96A-080, filed 7/22/98, effective 8/22/98; 85-11-014 (Order TL/RG-12), § 308-96A-080, filed 5/8/85.]

     (2) How often does the ((public)) government agency contact information need to be updated? The ((public)) government agency contact information shall be updated, in writing, ((annually or)) within thirty days of any change in the agency head or designee.

[Statutory Authority: RCW 46.08.066. 99-16-020, § 308-96A-085, filed 7/26/99, effective 8/26/99; 98-16-002, § 308-96A-085, filed 7/22/98, effective 8/22/98; 85-11-014 (Order TL/RG-12), § 308-96A-085, filed 5/8/85.]

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

     (i) Correcting any erroneous information;

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

     (iii) ((Adding vehicles in the program, that are not shown on the inventory list. Submit the request/application (copy if already submitted) to verify adding a vehicle to the list;

     (iv))) Signing the inventory list certifying that all ((confidential)) undercover and ((undercover)) confidential license plates shown on the list are being utilized under RCW 46.08.066; and

     (((v))) (iv) Returning the updated inventory list to the department by the date requested. The inventory list may also be returned by sending an e-mail verifying the active plates to the confidential plate program manager.

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

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

[Statutory Authority: RCW 46.08.066. 99-16-020, § 308-96A-090, filed 7/26/99, effective 8/26/99; 98-16-002, § 308-96A-090, filed 7/22/98, effective 8/22/98; 85-11-014 (Order TL/RG-12), § 308-96A-090, filed 5/8/85.]

     (a) The department may cancel or refuse to renew ((confidential)) undercover or ((undercover)) confidential license plates when the department has reasonable cause to believe the license plates are being used for purposes other than those authorized in RCW 46.08.066((.)); or

     (b) A ((public)) government agency may request cancellation of their ((confidential)) undercover or ((undercover)) confidential license plates when the license plates are no longer required.

     (2) How ((are confidential)) does a government agency cancel undercover or ((undercover)) confidential license plates ((cancelled))? ((Confidential or undercover license plates are cancelled when the public)) The government agency notifies the department in writing that the ((confidential)) undercover or ((undercover)) confidential license plates are no longer required, and indicate ((whether)) that the license plates and registration((:

     (a) Are being returned to the department; or

     (b) Have been destroyed.

     The department shall delete the confidential or undercover license plates record from the program)) are being returned to the department or are being destroyed.

     (3) May the undercover or confidential license plates remain on the vehicle when it is removed from the program? No, the license plates must be removed from the vehicle and returned to the department or destroyed.

[Statutory Authority: RCW 46.08.066. 99-16-020, § 308-96A-095, filed 7/26/99, effective 8/26/99; 98-16-002, § 308-96A-095, filed 7/22/98, effective 8/22/98; 85-11-014 (Order TL/RG-12), § 308-96A-095, filed 5/8/85.]

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