S-1955.2          _______________________________________________

 

                            SUBSTITUTE SENATE BILL 5760

                  _______________________________________________

 

State of Washington              52nd Legislature             1991 Regular Session

 

By Senate Committee on Transportation (originally sponsored by Senator Patterson).

 

Read first time March 6, 1991.Regulating department of licensing agents and subagents.


     AN ACT Relating to department of licensing agents and subagents; amending RCW 46.01.130 and 46.01.140; adding a new section to chapter 46.01 RCW; adding a new section to chapter 46.04 RCW; creating a new section; providing an effective date; and declaring an emergency.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

     Sec. 1.  RCW 46.01.130 and 1979 c 158 s 121 are each amended to read as follows:

     The department of licensing shall have the general supervision and control of the issuing of vehicle licenses and vehicle license number plates and shall have the full power to do all things necessary and proper to carry out the provisions of the law relating to the licensing of vehicles; the director shall have the power to appoint and employ deputies, assistants and representatives, and such clerks as may be required from time to time, and to provide for their operation in different parts of the state, and the director shall have the power to appoint the county auditors of the several counties as his agents for the licensing of vehicles.  A county auditor so appointed may recommend to the director the appointment of one or more persons as subagents of the county auditor for vehicle licensing and registration.  The director may appoint one or more of the persons recommended by the county auditor, but if none of the recommendations are approved by the director, the county auditor shall submit new recommendations until the director appoints one or more subagents for that county.

 

     Sec. 2.  RCW 46.01.140 and 1990 c 250 s 89 are each amended to read as follows:

     (1) The county auditor, if appointed by the director of licensing shall carry out the provisions of this title relating to the licensing of vehicles and the issuance of vehicle license number plates under the direction and supervision of the director and may with the approval of the director appoint assistants as special deputies and subagents to accept applications and collect fees for vehicle licenses and transfers and to deliver vehicle license number plates.

     (2) At any time any application is made to the director, the county auditor, or other agent pursuant to any law dealing with licenses, registration, or the right to operate any vehicle upon the public highways of this state, excluding applicants already paying such fee under RCW 46.16.070 or 46.16.085, the applicant shall pay to the director, county auditor, or other agent a fee of two dollars for each application in addition to any other fees required by law.  Applicants for certificates of ownership, including applicants paying fees under RCW 46.16.070 or 46.16.085, shall pay to the director, county auditor, or other agent a fee of three dollars in addition to any other fees required by law.  These ((additional)) fees, if paid to the county auditor as agent of the director, or if paid to ((an agent)) a subagent of the county auditor, shall be paid to the county treasurer in the same manner as other fees collected by the county auditor and credited to the county current expense fund.  If the fee is paid to another agent of the director, the fee shall be used by the agent to defray his or her expenses in handling the application((:  PROVIDED, That an agent of the county auditor)).

     (3) A subagent is entitled to an additional service charge of two dollars.  However, from July 1, 1991, through June 30, 1992, subagents shall collect a service fee of (a) five dollars and fifty cents for changes in a certificate of ownership, with or without registration renewal, or verification of record and preparation of an affidavit of lost title other than at the time of title application or transfer and (b) two dollars and twenty-five cents for registration renewal only, issuing a transit permit, or any other service under this section.

     (((3))) (4) If the fee is collected by the state patrol as agent for the director, the fee so collected shall be certified to the state treasurer and deposited to the credit of the state patrol highway account.  If the fee is collected by the department of transportation as agent for the director, the fee shall be certified to the state treasurer and deposited to the credit of the motor vehicle fund.  All such fees collected by the director or branches of his or her office shall be certified to the state treasurer and deposited to the credit of the highway safety fund.

 

     NEW SECTION.  Sec. 3.  A new section is added to chapter 46.01 RCW to read as follows:

     By March 1st of each odd-numbered year, each county auditor and all persons appointed by the director as an agent or subagent under RCW 46.01.130 shall report to the director all costs and revenues associated with vehicle title and registration activities for the previous two calendar years.  Each county auditor shall also report the total number of licensing subagents and the appointments made during the reporting period.  Reports must be made on standard forms provided by the director for that purpose.  The director shall revoke the appointment of a person who fails to file the report by March 15th.  The director shall compile the reports and submit them to the legislative transportation committee by April 1st.  The director's report shall include the total costs and revenues of each county auditor and of all subagents within each county, the number of subagents within each county, and appointments and revocations made during the two-year period.

 

     NEW SECTION.  Sec. 4.  A new section is added to chapter 46.04 RCW to read as follows:

     "County auditor" includes, in charter counties, the office designated to issue motor vehicle licenses.

 

     NEW SECTION.  Sec. 5.      The director of licensing shall review the costs and revenues of all vehicle licensing agents and subagents and the benefits provided to the communities they serve and submit a report by January 15, 1992, to the legislative transportation committee including the following:

     (1) Criteria for determining the costs and benefits of title and registration activities by agents and subagents;

     (2) A review of the rate structure for agents and subagents;

     (3) A review of other fee structures for counties and subagents;

     (4) An estimate of the costs of providing each individual title and registration function;

     (5) Consideration of the need for cost allocations, such as a revolving fund or other mechanisms for funding an automated licensing system;

     (6) Consideration of the County Auditors' Automation Program (CAAP) system and other changes in methods of providing title and registration services since adoption of the current method of compensating agents and subagents;

     (7) Recommendations for a process to allow counties to recover their full costs of vehicle title and registration activities without increasing costs to consumers;

     (8) Recommendations for one standard contract to be used by the director of licensing for county auditor agents and one standard contract for subagents, with provisions in each requiring disclosure of all costs and revenues to the director, but protecting the confidentiality of this information;

     (9) An examination of alternative methods of providing title and registration services.

 

     NEW SECTION.  Sec. 6.      This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect July 1, 1991.