Big Brother to be snooping around the QCYC docks?
Big Brother to be snooping around the QCYC docks?
According to a new law that just went into effect, it looks like QCYC must now permit representatives from the state of Washington department of revenue to walk the docks in search of vessels that do not display a current registration. {provision begins at line 35}. The club is required to keep ownership records, (which we do), and to allow the state access to our records so they can be copied for purposes of registration enforcement. {provision begins at line 8}. According to line 36, the law definitely applies to QCYC, a "private moorage" provider.
6 NEW SECTION. Sec. 501. A new section is added to chapter 88.02
7 RCW to read as follows:
8 (1) A moorage provider that provides long-term moorage must obtain
9 the following information and documentation from persons entering into
10 long-term moorage agreements with the moorage provider:
11 (a) The name of the legal owner of the vessel;
12 (b) A local contact person and that person's address and telephone
13 number, if different than the owner;
14 (c) The owner's address and telephone number;
15 (d) The vessel's hull identification number;
16 (e) If applicable, the vessel's coast guard registration;
17 (f) The vessel's home port;
18 (g) The date on which the moorage began;
19 (h) The vessel's country or state of registration and registration
20 number; and
21 (i) Proof of vessel registration, a written statement of the
22 lessee's intent to register a vessel, or an affidavit in a form and
23 manner approved by the department certifying that the vessel is exempt
24 from state vessel registration requirements as provided by RCW
25 88.02.570.
26 (2) For moorage agreements entered into effective on or after July
27 1, 2014, a long-term moorage agreement for vessels not registered in
28 this state must include, in a form and manner approved by the
29 department and the department of revenue, notice of state vessel
30 registration requirements as provided by this chapter and tax
31 requirements as provided by chapters 82.08, 82.12, and 82.49 RCW and
32 listing requirements as provided by RCW 84.40.065.
33 (3) A moorage provider must maintain records of the information and
34 documents required under this section for at least two years. Upon
35 request, a moorage provider must:
p. 15 2SHB 2457.PL
1 (a) Permit any authorized agent of a requesting agency to:
2 (i) Inspect the moorage facility for vessels that are not
3 registered as required by this chapter or listed as required under RCW
4 84.40.065; and
5 (ii) Inspect and copy records identified in subsection (1) of this
6 section for vessels that the requesting agency determines are not
7 properly registered or listed as required by law; or
8 (b) Provide to the requesting agency:
9 (i) Information as provided in subsection (1)(a), (c), (d), and (e)
10 of this section; and
11 (ii) Information as provided in subsection (1)(b), (f), (g), (h),
12 and (i) of this section for those vessels that the requesting agency
13 subsequently determines are not registered as required by this chapter
14 or listed as required under RCW 84.40.065.
15 (4) Requesting agencies must coordinate their requests to ensure
16 that a moorage provider does not receive more than two requests per
17 calendar year. For the purpose of enforcing vessel registration and
18 vessel listing requirements, requesting agencies may share the results
19 of information requests with each other.
20 (5) The information required to be collected under this section
21 must be collected at the time the long-term moorage agreement is
22 entered into and at the time of any renewals of the agreement. The
23 moorage provider is not responsible for updating any changes in the
24 information that occurs after the initial agreement is entered into or
25 in the time period between agreement renewals.
26 (6) The definitions in this subsection apply throughout this
27 section unless the context clearly requires otherwise.
28 (a) "Long-term moorage" means moorage provided for more than thirty
29 consecutive days, unless the moorage is for a vessel that has been
30 taken into custody under RCW 79.100.040.
31 (b) "Moorage facility" means any properties or facilities located
32 in this state that are used for the moorage of vessels and are owned or
33 operated by a moorage provider.
34 (c) "Moorage facility operator" has the same meaning as defined in
35 RCW 53.08.310.
36 (d) "Moorage provider" means any public or private entity that owns
37 or operates any moorage facility, including a moorage facility
2SHB 2457.PL p. 16
1 operator, private moorage facility operator, the state of Washington,
2 or any other person.
3 (e) "Private moorage facility operator" has the same meaning as
4 defined in RCW 88.26.010.
5 (f) "Requesting agency" means the department, the department of
6 revenue, or the department of natural resources.