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(continued) model year, make, and hull identification number of the vessel.
(2) Upon transfer of a vessel or release of a security interest in a vessel for which a class A certificate of title has previously been issued if the department receives appropriate releases of interests.
(3) Commencing five years after June 30, 1985, in all cases.
[1985 c 258 § 7.]
Notes: Effective date -- 1985 c 258: See note following RCW 88.02.070.
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88.02.140
Issuance of class A title certificates — Required evidence.
After June 30, 1985, a class A title certificate may be issued upon application by an owner, purchaser, or secured party who presents evidence satisfactory to the department of ownership of the vessel in the registered owner's name and the absence of security interests or claims except as will be shown on the new title certificate. The absence of outstanding security interests may be evidenced by appropriate Uniform Commercial Code financing statement searches by the appropriate filing officer or officers pursuant to *RCW 62A.9-407(2) and releases or disclaimers of interest by any secured parties who might have security interests perfected by filing of [a] Uniform Commercial Code financing statement.
[1985 c 258 § 8.]
Notes: *Reviser's note: Article 62A.9 RCW was repealed in its entirety by 2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see Article 62A.9A RCW.
Effective date -- 1985 c 258: See note following RCW 88.02.070.
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88.02.150
Issuance of class A title certificates — Limitation.
A class A certificate of title shall not be issued for any vessel for which a class B certificate has been issued unless the class B certificate is surrendered together with appropriate releases of interest by parties shown on such certificate.
[1985 c 258 § 9.]
Notes: Effective date -- 1985 c 258: See note following RCW 88.02.070.
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88.02.160
Class B title certificates.
All titles issued prior to June 30, 1985, are designated class B title certificates. Class B certificates evidence ownership of vessels but the vessel is more likely to be subject to a valid and perfected security interest or other claims of interest than class A certificated vessels.
[1985 c 258 § 2.]
Notes: Effective date -- 1985 c 258: See note following RCW 88.02.070.
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88.02.170
Class A and class B title certificates to have apparent distinctions — Class B certificate to bear legend.
Class A and class B certificates shall be readily distinguishable from each other, through different color, format, or other apparent distinctions. Each class B certificate issued after June 30, 1985, shall bear the legend: "The vessel may be subject to perfected security interests or claims not indicated on this certificate."
[1985 c 258 § 5.]
Notes: Effective date -- 1985 c 258: See note following RCW 88.02.070.
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88.02.180
Application for title certificate — Oath by owner.
Each application for a title certificate shall require the person to be designated as the registered owner to swear under penalty of the perjury laws of this state that he is the owner or an authorized agent of the owner of the vessel, and that it is free of any claim of lien, mortgage, conditional sale, or other security interest of any person except the person or persons set forth in the application as secured parties.
[1985 c 258 § 6.]
Notes: Effective date -- 1985 c 258: See note following RCW 88.02.070.
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88.02.184
Issuance of temporary permits by registered vessel dealers — Fee.
(1) The department may authorize vessel dealers properly registered pursuant to this chapter to issue temporary permits to operate vessels under such rules as the department adopts.
(2) The fee for each temporary permit application distributed to an authorized vessel dealer shall be five dollars, which shall be credited to the payment of registration fees at the time application for registration is made.
[1987 c 149 § 9.]
Notes: Effective date -- 1987 c 149: See note following RCW 88.02.060.
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88.02.188
Denial, suspension, or revocation of vessel dealer registration — Penalties.
Except as otherwise provided in this chapter, the director may by order deny, suspend, or revoke the registration of any vessel dealer, or in lieu thereof or in addition thereto, may by order assess monetary penalties of a civil nature not to exceed one thousand dollars per violation, if the director finds that the applicant or registrant:
(1) Is applying for a dealer's registration or has obtained a dealer's registration for the purpose of evading excise taxes on vessels; or
(2) Has been adjudged guilty of a felony that directly relates to marine trade and the time elapsed since the adjudication is less than ten years. For purposes of this section, adjudged guilty means, in addition to a final conviction in court, an unvacated forfeiture of bail or collateral deposited to secure a defendant's appearance in court, the payment of a fine, a plea of guilty, or a finding of guilt regardless of whether the sentence is deferred or the penalty is suspended; or
(3) Has failed to comply with the trust account requirements of this chapter; or
(4) Has failed to transfer a certificate of title to a purchaser as required in this chapter; or
(5) Has misrepresented the facts at the time of application for registration or renewal; or
(6) Has failed to comply with applicable provisions of this chapter or any rules adopted under it.
[1987 c 149 § 12.]
Notes: Effective date -- 1987 c 149: See note following RCW 88.02.060.
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88.02.189
Vessel registration or vessel dealer registration suspension — Noncompliance with support order — Reissuance.
The department shall immediately suspend the vessel registration or vessel dealer's registration of a person who has been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of the registration shall be automatic upon the department's receipt of a release issued by the department of social and health services stating that the licensee is in compliance with the order.
[1997 c 58 § 863.]
Notes: *Reviser's note: 1997 c 58 § 887 requiring a court to order certification of noncompliance with residential provisions of a court-ordered parenting plan was vetoed. Provisions ordering the department of social and health services to certify a responsible parent based on a court order to certify for noncompliance with residential provisions of a parenting plan were vetoed. See RCW 74.20A.320.
Short title -- Part headings, captions, table of contents not law -- Exemptions and waivers from federal law -- Conflict with federal requirements -- Severability -- 1997 c 58: See RCW 74.08A.900 through 74.08A.904.
Effective dates -- Intent -- 1997 c 58: See notes following RCW 74.20A.320.
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88.02.190
Inspection of vessels.
The department is hereby authorized to require inspection of vessels which are brought into this state from another state and for which no title certificate has been issued and for any other vessel if the department determines that inspection of the vessel will help to verify the accuracy of the information set forth on the application.
[1985 c 258 § 10.]
Notes: Effective date -- 1985 c 258: See note following RCW 88.02.070.
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88.02.200
Department and state immune from suit for administration of chapter.
No suit or action shall ever be commenced or prosecuted against the department of licensing or the state of Washington by reason of any act done or omitted to be done in the administration of the duties and responsibilities imposed upon the department under chapter 88.02 RCW.
[1985 c 258 § 11.]
Notes: Effective date -- 1985 c 258: See note following RCW 88.02.070.
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88.02.210
Records of the purchase and sale of vessels.
(1) A vessel dealer shall complete and maintain for a period of at least three years a record of the purchase and sale of all vessels purchased or consigned and sold by the vessel dealer. Records shall be made available for inspection by the department during normal business hours.
(2) Before renewal of the vessel dealer registration, the department shall require, on the forms prescribed, a record of the number of vessels sold during the registration year. Vessel dealers who assert that they qualify for the exemption provided in RCW 88.02.060(3) shall also record, on forms prescribed, the highest retail value of any vessel sold in the registration year.
[1987 c 149 § 10.]
Notes: Effective date -- 1987 c 149: See note following RCW 88.02.060.
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88.02.220
Receipt of cash or negotiable instrument before delivery of vessel — Trust account.
A vessel dealer who receives cash or a negotiable instrument of deposit in excess of one thousand dollars, or a deposit of any amount that will be held for more than fourteen calendar days, shall place the funds in a separate trust account.
(1) The cash or negotiable instrument must be set aside immediately upon receipt for the trust account, or endorsed to such a trust account immediately upon receipt.
(2) The cash or negotiable instrument must be deposited in the trust account by the close of banking hours on the day following the receipt.
(3) After delivery of the purchaser's vessel the vessel dealer shall remove the deposited funds from the trust account.
(4) The dealer shall not commingle the purchaser's funds with any other funds at any time.
(5) The funds shall remain in the trust account until the delivery of the purchased vessel. However, upon written agreement from the purchaser, the vessel dealer may remove and release trust funds before delivery.
[1991 c 339 § 33; 1987 c 149 § 11.]
Notes: Effective date -- 1987 c 149: See note following RCW 88.02.060.
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88.02.230
Exemption from vessel dealer requirements.
(1) The department may exempt from compliance with the vessel dealer requirements of this chapter, any person who is engaged in the business of selling in this state at wholesale or retail, human-powered watercraft which is: (a) Under sixteen feet in length; (b) unable to be powered by propulsion machinery or wind propulsion as designed by the manufacturer; and (c) not designed for use on commonly-used navigable waters.
(2) Any person engaged in the business of selling at wholesale or retail, exempt and nonexempt watercraft under this section shall only be required to comply with the provisions of this chapter in regard to the sale of nonexempt watercraft.
[1990 c 250 § 90.]
Notes: Severability -- 1990 c 250: See note following RCW 46.16.301.
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88.02.235
Denial of license.
The director may deny a license under this chapter when the application is a subterfuge that conceals the real person in interest whose license has been denied, suspended, or revoked for cause under this chapter and the terms have not been fulfilled or a civil penalty has not been paid, or the director finds that the application was not filed in good faith. This section does not preclude the department from taking an action against a current licensee.
[1997 c 432 § 3.]