Department of State Division of Publications

For Department of State Use Only

312 Rosa L. Parks Ave., 8th Floor, Snodgrass/TN Tower Nashville, TN 37243 Phone: 615-741-2650 Emai l: publ ications. information@tn.gov

Sequence Number: 07J, \0---l Ii\ Rule ID(s): i2itti0\0 File Date: 1[1A/vD\"\

Effective Date: _ _:_lJ'----'/1i_:_;-JL.:/W'-------l'l'---_

Rulemaking Hearing Rule(s) Filing Form Rulemaking Hearing Rules are rules filed after and as a result of a rulemaking hearing (Tenn. Code Ann. § 4-5-205).

Pursuant to Tenn. Code Ann. § 4-5-229, any new fee or fee increase promulgated by state agency rule shall take effect on July 1, following the expiration of the ninety (90) day period as provided in § 4-5-207. This section shall not apply to rules that implement new fees or fee increases that are promulgated as emergency rules pursuant to § 4-5-208(a) and to subsequent rules that make permanent such emergency rules, as amended during the rulemaking process. In addition, this section shall not apply to state agencies that did not, during the preceding two (2) fiscal years, collect fees in an amount sufficient to pay the cost of operating the board, commission or entity in accordance with § 4-29-121 (b)

Agency/l;'<>~rct/Commissior:,: . Tennessee Wildlife Resourc~~ J>.gencY ... Divi~ion: ~()atirig and Law Enforcement Division

Contact Person: Chris Richardson Address: F'Q~o)(A9747,N9sQyi lJ~. TN

~ip: L}7204 Phone: ' 615-308-0477 Email: _ chris. richardsori@Jri,gov

Revision Type (check all that apply): X Amendment

New Repeal

Rule(s) (ALL chapters and rules contained in filing must be listed here. If needed, copy and paste additional tables to accommodate multiple chapters. Please make sure that ALL new ru le and repealed rule numbers are listed in the chart below. Please enter only ONE Rule Number/Rule Title per row)

i <:;~~pter Number .. <:;~~pter Title ____ -· .......... ·-- .......... - _______ _ 1660-02-01 RULES AND REGULATIONS FOR BOATING CERTIFICATES Rule Number 1660-02-01 -.03

Rule Title - ---------

FEES FOR VESSEL REGISTRATION AND CERTIFICATE OF NUMBER. --•·•··· ··········- ---·--- -···-···--·--

SS-7039 (October 2018) RDA 1693

Amendment

1660-02-01 -.03 is amended by deleting the rule in its entirety and substituting instead the following:

1660-02-01-.03 FEES FOR VESSEL REGISTRATION AND CERTIFICATE OF NUMBER.

The fee to be collected for issuance of a vessel certificate of number or registration shal l be as follows:

Vessel Fee Category 1 year 2 years 3 years 16 feet and under $15 $28 $41 Over 16 feet to less than 26 feet 29 56 83 26 feet to less than 40 feet 44 84 125 40 feet and over 59 113 166 Dealer/ Manufacturer 37 75 111 Duplicate 7 Consignment:

16 feet and under 15 28 41 Over 16 feet to less than 26 feet 29 56 83 26 feet to less than 40 feet 44 84 125 40 feet and over 59 113 166

Authority: T.C.A. §§ 69-9-207 and 70-1-206. Administrative History: Original rule filed July 31, 1998; effective October 14, 1998. Amendment filed April 3, 2008; effective June 17, 2008. Amendment filed __ ; effective

SS-7037 (September 2017) RDA 1693 2

*If a roll -call vote was necessary, the vote by the Agency on these rulemaking hearing rules was as fo llows:

Board Member Aye No Abstain Absent Signature (if required)

Ang ie Box Jeff Cook Bi ll Cox Dennis Gardner Kurt Holbert Connie Kinq Brian Mclerran Tony Sanders James Stroud Bill Swan Kent Woods Jamie Woodson

I certify that this is an accurate and complete copy of rulemaking hearing ru les, lawfu lly promulgated and adopted by the Tennessee Fish and Wildlife Commission on 01/18/19, and is in compl iance with the provisions of T.C.A. § 4-5-222.

I further certify the following:

Notice of Rulemaking Hearing filed with the Department of State on: 11/09/18

Rulemaking Hearing(s) Conducted on : (add more dates). 01/18/19

Name of Officer: Ed Carter ---------------------

Title of Officer: Executive Director ---------------------

Agency/Board/Commission: Tennessee Wildlife Resources Agency

Rule Chapter Number(s): 1660-02-01 -.03 ------------------------------

Al l rulemaking hearing rules provided for herein have been examined by the Attorney General and Reporter of the State of Tennessee and are approved as to legality pursuant to the provisions of the Administrative Procedures Act, Tennessee Code Annotated, Title 4, Chapter 5.

SS-7037 (September 2017) 3

Herbert H. S tery Ill Attorney Genera l and Reporter

~/,/JA)J'f 1 I Date

RDA 1693

Department of State Use Only

SS-7037 (September 2017)

Filed with the Department of State on: ____ "h_l_'lJl\_('W_\_q ______ _

Effective on:

4

~h,1/YJl'1

Tre Hargett Secretary of State

(.,/)

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,J ., · ...

r_,, - l ___ ,.,J

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RDA 1693

Public Hearing Comments

One copy of a document that satisfies T.CA § 4-5-222 must accompany the filing.

[X] There were no public comments to the above-described rule.

[ ] Attached hereto are the responses to public comments.

SS-7037 (September 2017) 5

RDA 1693

Regulatory Flexibility Addendum

Pursuant to TC.A. §§ 4-5-401 through 4-5-404, prior to initiating the rule making process, all agencies shall conduct a review of whether a proposed rule or rule affects small business.

There are no businesses, small or otherwise, that would bear the cost of or directly benefit from the proposed rule.

SS-7037 (September 2017) 6

RDA 1693

Impact on Local Governments

Pursuant to T.C.A. §§ 4-5-220 and 4-5-228 "any rule proposed to be promulgated shall state in a simple declarative sentence, without additional comments on the merits of the policy of the rules or regulation, whether the rule or regulation may have a projected impact on local governments." (See Public Chapter Number 1070 (http://publications.tnsosfiles.com/acts/106/pub/pc1070.pdf) of the 2010 Session of the General Assembly)

The Agency does not believe that the rule amendment/repeal will have any impact on local governments.

SS-7037 (September 2017) 7

RDA 1693

Additional Information Required by Joint Government Operations Committee

All agencies, upon filing a rule, must also submit the following pursuant to T.C.A. § 4-5-226(i)(1 ).

(A) A brief summary of the rule and a description of all relevant changes in previous regulations effectuated by such rule;

Pursuant to Tenn. Code Ann. § 69-9-207, the Agency is amending this rule to adjust the boat registration fees to account for the increase in the consumer rice index CPI since the last ad·ustment 10 ears a o.

(B) A citation to and brief description of any federal law or regulation or any state law or regulation mandating promulgation of such rule or establishing guidelines relevant thereto;

I There are no federal or state laws mandating this rule repeal or amendment.

(C) Identification of persons, organizations, corporations or governmental entities most directly affected by this rule, and whether those persons, organizations, corporations or governmental entities urge adoption or rejection of this rule;

I Boat owners registering their boats in the State of Tennessee will be impacted by this rule.

(D) Identification of any opinions of the attorney general and reporter or any judicial ruling that directly relates to the rule or the necessity to promulgate the rule;

I No Attorney General Opinion or judicial ruling directly relating to the rule has been identified.

(E) An estimate of the probable increase or decrease in state and local government revenues and expenditures, if any, resulting from the promulgation of this rule, and assumptions and reasoning upon which the estimate is based. An agency shall not state that the fiscal impact is minimal if the fiscal impact is more than two percent (2%) of the agency's annual budget or five hundred thousand dollars ($500,000), whichever is less;

The proposed amendment to boat registration fees will increase state revenue to the Wildlife Resources Fund b a roximatel $681,000 each ear.

(F) Identification of the appropriate agency representative or representatives, possessing substantial knowledge and understanding of the rule;

I Chris Richardson, TWRA, PO Box 40747, Nashville, TN 37204; 615-308-0477; Chris.Richardson@tn.gov

(G) Identification of the appropriate agency representative or representatives who will explain the rule at a scheduled meeting of the committees;

Chris Richardson, Asst. Director, TWRA, will explain the rule at the scheduled meeting of the Government 0 erations Committee

(H) Office address, telephone number, and email address of the agency representative or representatives who will explain the rule at a scheduled meeting of the committees; and

I Chris Richardson, TWRA, PO Box 40747, Nashville, TN 37204; 615-308-0477; Chris.Richardson@tn.gov

(I) Any additional information relevant to the rule proposed for continuation that the committee requests.

SS-7037 (September 2017) 8

RDA 1693

----· - --- ---

Department of State Division of Publications

, 312 Rosa L. Parks Ave. , 8th Floor, Snodgrass/TN Tower Nashville, TN 37243

For Department of State Use Only

Sequence Number:

Rule ID(s): Phone: 615-741-2650 Em ail: publications. information @tn .gov File Date:

Effective Date: --------

Rulemaking Hearing Rule(s) Filing Form Rulemaking Hearing Rules are rules filed after and as a result of a rulemaking hearing (Tenn. Code Ann. § 4-5-205).

Pursuant to Tenn. Code Ann. § 4-5-229, any new fee or fee increase promulgated by state agency rule shall take effect on July 1, following the expiration of the ninety (90) day period as provided in§ 4-5-207. This section shall not apply to rules that implement new fees or fee increases that are promulgated as emergency rules pursuant to § 4-5-20B(a) and to subsequent rules that make permanent such emergency rules, as amended during the rulemaking process. In addition, this section shall not apply to state agencies that did not, during the preceding two (2) fiscal years, collect fees in an amount sufficient to pay the cost of operating the board, commission or entity in accordance with § 4-29-121 (b).

·--- --1 Agenc_y/Board/Commission: Tennessee Wildlife Re sources Agen_Qy_

cement Division

----- ----- ---- ------ , 7

I Division: Boating and Law Enfor I Contact Person: Tracey Boyers

-! I ______ ;

I Address: PO Box 40747, Nashvi

~ Zip: 37204 ; Phone: 615-781-6657

--1

~ ------ --

1-- --- -- -------=---·---~----~---___ -_ -·------··· ---j ' Email: Trace .Boyers@!Q_-9_°-v -- ------ ·---·---

Revision Type (check all that apply): X Amendment

New Repeal

Rule(s) (ALL chapters and rules contained in filing must be listed here. If needed, copy and paste additional tables to accommodate multiple chapters. Please make sure that ALL new rule and repealed rule numbers are listed in the chart below. Please enter only ONE Rule Number/Rule Title per row)

Chapter Number Chapter Title 1660-02-01 RULES AND REGULATIONS FOR BOATING CERTIFICATES Rule Number Rule Title 1660-02-01-.03 FEES FOR VESSEL REGISTRATION AND CERTIFICATE OF NUMBER.

j J

Chapter Number Chapter Title ______________ J

Rule Number Rule Title ---j

------- j

SS-7039 (November 2017) RDA 1693

,.

Place substance of rules and other info here. Please be sure to include a detailed explanation of the changes being made to the listed rule(s). Statutory authority must be given for each rule change. For information on formatting rules go to http://sos-tn-qov-files.s3.am azonaws .com/forms/Rulemakinq%20G u idelines Septem ber2016. pdf.

Amendment

1660-02-01-.03 is amended by increasing the fees to register a vessel

1660-02-01-.03 FEES FOR VESSEL REGISTRATION AND CERTIFICATE OF NUMBER. The fee to be collected for issuance of a vessel certificate of number or registration shall be as follows:

Vessel Fee Category 1 year 2 years 3 years 16 feet and under $~ 15 $24 28 $~ 41 Over 16 feet to less than 26 feet 2& 29 48 56 7-1- 83 26 feet to less than 40 feet J8 44 72 84 .:t-G-7- 125 40 feet and over 6+ 59 97 113 +42 166 Dealer I Manufacturer ~ 37 -64 75 9& 111 Duplicate e7 Consignment:

16 feet and under 43 15 24 28 ~ 41 Over 16 feet to less than 26 feet 2& 29 48 56 7-1- 83 26 feet to less than 40 feet J8 44 72 84 .:t-G-7- 125 40 feet and over 6+ 59 97 113 +42 166

Authority: T.C.A. §§ 69-9-207 and 70-1-206. Administrative History: Original rule filed July 31, 1998; effective October 14, 1998. Amendment filed April 3, 2008; effective June 17, 2008.

SS-7039 (November 2017) 2 RDA 1693

* If a roll -call vote was necessary, the vote by the Agency on these rulemaking hearing rules was as follows:

Board Member Aye No Abstain Absent Signature (if reauired)

I certify that this is an accurate and complete copy of rulemaking hearing rules, lawfully promulgated and adopted by the ________ (board/commission/ other authority) on _______ (mm/dd/yyyy), and is in compliance with the provisions of T.C.A. § 4-5-222.

I further certify the following:

Notice of Rulemaking Hearing filed with the Department of State on: (mm/dd/yy)

Rulemaking Hearing(s) Conducted on: (add more dates). (mm/ddlyy)

Date: ---------------------Signature: ---------------------

Name of Officer: ---------------------Title of Officer:

Subscribed and sworn to before me on: -----------------Notary Public Signature: -----------------

My commission expires on: -----------------

Agency/Board/Commission:

Rule Chapter Number(s):

All rulemaking hearing rules provided for herein have been exam ined by the Attorney General and Reporter of the State of Tennessee and are approved as to legality pursuant to the provisions of the Administrative Procedures Act, Tennessee Code Annotated, Title 4, Chapter 5.

Department of State Use Only

SS-7039 (November 2017)

Herbert H. Slatery Ill Attorney General and Reporter

Date

Filed with the Department of State on: ______________ _

Effective on:

3

---------------

Tre Hargett Secretary of State

RDA 1693

Public Hearing Comments

One copy of a document that satisfies T.C.A. § 4-5-222 must accompany the filing.

SS-7039 (November 2017) 4 RDA 1693

Regulatory Flexibility Addendum

Pursuant to T.C.A. §§ 4-5-401 through 4-5-404, prior to initiating the rule making process, all agencies shall conduct a review of whether a proposed rule or rule affects small business.

(Insert statement here)

SS-7039 (November 2017) 5 RDA 1693

Impact on Local Governments

Pursuant to T.C.A. §§ 4-5-220 and 4-5-228 "any rule proposed to be promulgated shall state in a simple declarative sentence, without additional comments on the merits of the policy of the rules or regulation, whether the rule or regulation may have a projected impact on local governments." (See Public Chapter Number 1070 (http://publications.tnsosfiles.com/acts/106/pub/pc1070.pdf) of the 2010 Session of the General Assembly)

(Insert statement here)

SS-7039 (November 2017) 6 RDA 1693

Additional Information Required by Joint Government Operations Committee

All agencies, upon filing a rule, must also submit the following pursuant to T.C.A. § 4-5-226(i)(1 ).

(A) A brief summary of the rule and a description of all relevant changes in previous regulations effectuated by such rule;

(B) A citation to and brief description of any federal law or regulation or any state law or regulation mandating promulgation of such rule or establishing guidelines relevant thereto;

(C) Identification of persons, organizations, corporations or governmental entities most directly affected by this rule, and whether those persons, organizations, corporations or governmental entities urge adoption or rejection of this rule;

(D) Identification of any opinions of the attorney general and reporter or any judicial ruling that directly relates to the rule or the necessity to promulgate the rule;

(E) An estimate of the probable increase or decrease in state and local government revenues and expenditures, if any, resulting from the promulgation of this rule, and assumptions and reasoning upon which the estimate is based. An agency shall not state that the fiscal impact is minimal if the fiscal impact is more than two percent (2%) of the agency's annual budget or five hundred thousand dollars ($500,000), whichever is less;

(F) Identification of the appropriate agency representative or representatives, possessing substantial knowledge and understanding of the rule;

(G) Identification of the appropriate agency representative or representatives who will explain the rule at a scheduled meeting of the committees;

(H) Office address, telephone number, and email address of the agency representative or representatives who will explain the rule at a scheduled meeting of the committees; and

(I) Any additional information relevant to the rule proposed for continuation that the committee requests.

SS-7039 (November 2017) 7 RDA 1693

, ., •Amendment

1660-02-01-.03 is amended by deleting the rule in its entirety and substituting instead the following:

1660-02-01-.03 FEES FOR VESSEL REGISTRATION AND CERTIFICATE OF NUMBER.

The fee to be collected for issuance of a vessel certificate of number or registration shall be as follows:

Vessel Fee Category 1 year 2 years 3 years 16 feet and under $15 $28 $41 Over 16 feet to less than 26 feet 29 56 83 26 feet to less than 40 feet 44 84 125 40 feet and over 59 113 166 Dealer I Manufacturer 37 75 111 Duplicate 7 Consignment:

16 feet and under 15 28 41 Over 16 feet to less than 26 feet 29 56 83 26 feet to less than 40 feet 44 84 125 40 feet and over 59 113 166

Authority: T.C.A. §§ 69-9-207 and 70-1-206. Administrative History: Original rule filed July 31, 1998; effective October 14, 1998. Amendment filed April 3, 2008; effective June 17, 2008. Amendment filed __ ; effective

SS-7037 (September 2017) 2

RDA 1693