BILL REQ. #:  H-2608.5 

READ FIRST TIME 04/18/11.   

     AN ACT Relating to additive transportation funding; amending RCW 46.68.060, 46.20.055, 46.20.117, 46.20.161, 46.20.181, 46.20.200, 46.20.202, 46.20.049, 46.25.060, 46.25.100, 46.20.308, 46.20.380, 46.17.230, 46.17.310, 46.17.400, 46.17.400, 46.68.455, 46.17.005, 46.17.100, 46.17.140, 46.17.200, 46.17.200, 46.87.090, 46.87.130, 46.52.130, 46.29.050, 46.20.293, 46.82.310, 46.82.320, 46.82.330, 46.82.340, 46.01.230, 46.70.061, 46.80.040, 46.80.050, 46.80.060, 46.79.040, 46.79.050, 46.79.060, 46.76.040, 46.76.050, 46.37.420, and 82.08.036; reenacting and amending RCW 46.20.120; adding a new section to chapter 46.37 RCW; creating new sections; prescribing penalties; making appropriations and authorizing expenditures for capital improvements; providing an effective date; providing contingent effective dates; and declaring an emergency.

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

NEW SECTION.  Sec. 1   The legislature recognizes that for ensuing biennia, the Washington state patrol, ferry operations, as well as state and local roadway preservation and maintenance activities will soon experience significant funding shortfalls. The legislature further recognizes that existing law, enacted in 2002, requires the department of licensing to submit a fee study every two years to the transportation committees of the house of representatives and the senate, the purpose of which is to ensure cost recovery for transportation services. Based on the review of the department of licensing's fee study, the legislature will review and adjust fees accordingly each biennium to ensure that fees are adjusted and brought up-to-date. The legislature further recognizes that previous studies conducted by the joint transportation committee have recommended various fees adjustments. Therefore, it is the intent of the legislature to ensure that funding shortfalls in certain transportation programs are addressed, to provide gap funding for local transportation entities along with roadway preservation for cities and counties, and to bring fees in-line with costs.

NEW SECTION.  Sec. 2   (1) Additive transportation funding is hereby adopted and, subject to the provisions set forth, the several amounts specified, or as much thereof as may be necessary to accomplish the purposes designated, are hereby appropriated from the several accounts and funds named to the designated state agencies and offices for employee compensation and other expenses, for capital projects, and for other specified purposes for the period ending June 30, 2013.
     (2) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout the act:
     (a) "Lapse" means the amount shall return to unappropriated status.
     (b) "LEAP" means the legislative evaluation and accountability program committee.
     (c) "Provided solely" means the specified amount may be spent only for the specified purpose. Unless otherwise specifically authorized in this act, any portion of an amount provided solely for a specified purpose that is not expended subject to the specified conditions and limitations to fulfill the specified purpose shall lapse.

NEW SECTION.  Sec. 3   FOR THE WASHINGTON STATE PATROL
State Patrol Highway Account--State Appropriation . . . . . . . . . . . . $5,500,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . $20,500,000
     TOTAL APPROPRIATION . . . . . . . . . . . . $26,000,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $3,578,000 of the state patrol highway account--state appropriation is provided solely for the auto theft investigation units in King county, Spokane, and Tacoma.
     (2) $10,000,000 of the highway safety account--state appropriation is provided solely for equipment acquisition, installation, integration, and financing needs associated with the conversion of the existing communication system to narrowbanding as required by the federal communications commission.
     (3) Except as otherwise provided in this section, the total appropriation in this section must be used by the Washington state patrol for the ongoing operations of the agency.

NEW SECTION.  Sec. 4   FOR THE DEPARTMENT OF TRANSPORTATION--HIGHWAY MAINTENANCE--PROGRAM M
Highway Safety Account--State Appropriation . . . . . . . . . . . . $13,000,000

     The appropriation in this section is subject to the following conditions and limitations:
     (1) $8,057,000 of the highway safety account--state appropriation is provided solely to further reduce the highway maintenance backlog in order to maintain or increase levels of service.
     (2) $4,943,000 of the highway safety account--state appropriation is provided solely for the department's compliance with its national pollution discharge elimination system permit.

NEW SECTION.  Sec. 5   FOR THE DEPARTMENT OF TRANSPORTATION--PUBLIC TRANSPORTATION--PROGRAM V
Multimodal Transportation Account--State
     Appropriation . . . . . . . . . . . . $19,000,000

     The appropriation in this section is subject to the following conditions and limitations:
     (1)(a) $1,760,000 of the multimodal transportation account--state appropriation is provided solely for grants to nonprofit providers of special needs transportation.
     (b) $6,240,000 of the multimodal transportation account--state appropriation is provided solely for grants to transit agencies to transport persons with special transportation needs.
     (c) In administering grants under this subsection, the department must use the same methodologies as are used for special needs grants provided in chapter . . . (Engrossed Substitute House Bill No. 1175), Laws of 2011 (the omnibus transportation appropriations act).
     (2) $11,000,000 of the multimodal transportation account--state appropriation is provided solely for the following regional mobility grant projects identified in LEAP Transportation Document 2011-B, referenced in chapter . . . (Engrossed Substitute House Bill No. 1175), Laws of 2011 (the omnibus transportation appropriations act):
     (a) $4,500,000 of the multimodal transportation account--state appropriation is provided solely for the Lakewood to Seattle Commuter Rail Expansion - Vehicles project.
     (b) $2,000,000 of the multimodal transportation account--state appropriation is provided solely for the Sunday Service project.
     (c) $1,500,000 of the multimodal transportation account--state appropriation is provided solely for the Southwest Seattle/Burien Service Improvements project.
     (d) $3,000,000 of the multimodal transportation account--state appropriation is provided solely for the RapidRide D Line project.

NEW SECTION.  Sec. 6   FOR THE DEPARTMENT OF TRANSPORTATION--MARINE--PROGRAM X
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . $22,000,000

     The appropriation in this section is subject to the following conditions and limitations:
     (1) $13,600,000 of the motor vehicle account--state appropriation is provided solely for the purchase of fuel for marine operations.
     (2) $4,400,000 of the motor vehicle account--state appropriation is provided solely to offset potential increases in fares during the 2011-2013 fiscal biennium.
     (3) $4,000,000 of the motor vehicle account--state appropriation is provided solely to maintain the same level of service provided in the 2009-2011 fiscal biennium.

NEW SECTION.  Sec. 7   FOR THE TRANSPORTATION IMPROVEMENT BOARD
Highway Safety Account--State Appropriation . . . . . . . . . . . . $13,000,000

     The appropriation in this section is subject to the following conditions and limitations:
     (1) $10,000,000 of the highway safety account--state appropriation is provided solely to help cities meet urgent preservation needs.
     (a) $9,250,000 of the highway safety account--state appropriation is provided solely for the urban arterial program.
     (b) $750,000 of the highway safety account--state appropriation is provided solely for the small city pavement program.
     (2) $3,000,000 of the highway safety account--state appropriation is for grants to cities to assist with compliance with storm water permit requirements.

NEW SECTION.  Sec. 8   FOR THE COUNTY ROAD ADMINISTRATION BOARD
Highway Safety Account--State Appropriation . . . . . . . . . . . . $13,000,000

     The appropriation in this section is subject to the following conditions and limitations:
     (1) $10,000,000 of the highway safety account--state appropriation is provided solely for the county arterial preservation program to help counties meet urgent preservation needs.
     (2) $3,000,000 of the highway safety account--state appropriation is for the rural arterial program to fund grants to counties to assist with compliance with storm water permit requirements.

NEW SECTION.  Sec. 9   FOR THE DEPARTMENT OF TRANSPORTATION--PRESERVATION--PROGRAM P
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . $8,000,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . $5,000,000
     TOTAL APPROPRIATION . . . . . . . . . . . . $13,000,000

     The appropriations in this section are subject to the following conditions and limitations: The total appropriation in this section is provided solely for urgent preservation needs on the state highway system.

NEW SECTION.  Sec. 10   FOR THE DEPARTMENT OF TRANSPORTATION--WASHINGTON STATE FERRIES CONSTRUCTION--PROGRAM W
Transportation 2003 Account (Nickel Account)--State
     Appropriation . . . . . . . . . . . . $144,000,000

     The appropriation in this section is subject to the following conditions and limitations:
     (1) The transportation 2003 account (nickel account)--state appropriation is provided solely for the purposes of constructing a ferry boat vessel with a carrying capacity of at least one hundred forty-four cars.
     (2) The transportation 2003 account (nickel account)--state appropriation includes up to $144,000,000 in proceeds from the sale of bonds authorized in RCW 47.10.861.

NEW SECTION.  Sec. 11   FOR THE DEPARTMENT OF TRANSPORTATION--LOCAL PROGRAMS--PROGRAM Z--CAPITAL
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . $3,000,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . $5,000,000
     TOTAL APPROPRIATION . . . . . . . . . . . . $8,000,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $3,000,000 of the highway safety account--state appropriation is provided solely to the freight mobility strategic investment board for grants to meet urgent freight corridor improvement and preservation needs.
     (2) $2,000,000 of the highway safety account--state appropriation and $3,000,000 of the motor vehicle account--state appropriation are provided solely for safe routes to schools program projects, in rank order, and identified as contingency projects in the LEAP Transportation Document 2011-A, pedestrian and bicycle safety program projects and safe routes to school program projects, referenced in chapter . . . (Engrossed Substitute House Bill No. 1175), Laws of 2011 (the omnibus transportation appropriations act).

NEW SECTION.  Sec. 12   FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALES DISCOUNTS AND DEBT TO BE PAID BY MOTOR VEHICLE ACCOUNT AND TRANSPORTATION FUND REVENUE
Highway Bond Retirement Account--State Appropriation . . . . . . . . . . . . $10,350,000

NEW SECTION.  Sec. 13   FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALE EXPENSES AND FISCAL AGENT CHARGES
Transportation 2003 Account (Nickel Account)--State
     Appropriation . . . . . . . . . . . . $58,000

NEW SECTION.  Sec. 14   FOR THE STATE TREASURER--ADMINISTRATIVE TRANSFERS
     Highway Safety Account--State Appropriation: For
transfer to the Multimodal Transportation Account--State . . . . . . . . . . . . $7,000,000

Sec. 15   RCW 46.68.060 and 2009 c 470 s 711 are each amended to read as follows:
     There is hereby created in the state treasury a fund to be known as the highway safety fund to the credit of which shall be deposited all moneys directed by law to be deposited therein. This fund shall be used for carrying out the provisions of law relating to driver licensing, driver improvement, financial responsibility, cost of furnishing abstracts of driving records and maintaining such case records, and to carry out the purposes set forth in RCW 43.59.010. During the ((2007-2009 and)) 2009-2011 and 2011-2013 fiscal biennia, the legislature may transfer from the highway safety fund to the motor vehicle fund and the multimodal transportation account such amounts as reflect the excess fund balance of the highway safety fund.

Sec. 16   RCW 46.20.055 and 2010 c 223 s 1 are each amended to read as follows:
     (1) Driver's instruction permit. The department may issue a driver's instruction permit with or without a photograph to an applicant who has successfully passed all parts of the examination other than the driving test, provided the information required by RCW 46.20.091, paid a fee ((of twenty dollars)) as required under subsection (5) of this section, and meets the following requirements:
     (a) Is at least fifteen and one-half years of age; or
     (b) Is at least fifteen years of age and:
     (i) Has submitted a proper application; and
     (ii) Is enrolled in a traffic safety education program offered, approved, and accredited by the superintendent of public instruction or offered by a driver training school licensed and inspected by the department of licensing under chapter 46.82 RCW, that includes practice driving.
     (2) Waiver of written examination for instruction permit. The department may waive the written examination, if, at the time of application, an applicant is enrolled in:
     (a) A traffic safety education course as defined by RCW 28A.220.020(2); or
     (b) A course of instruction offered by a licensed driver training school as defined by RCW 46.82.280.
     The department may require proof of registration in such a course as it deems necessary.
     (3) Effect of instruction permit. A person holding a driver's instruction permit may drive a motor vehicle, other than a motorcycle, upon the public highways if:
     (a) The person has immediate possession of the permit;
     (b) The person is not using a wireless communications device, unless the person is using the device to report illegal activity, summon medical or other emergency help, or prevent injury to a person or property; and
     (c) An approved instructor, or a licensed driver with at least five years of driving experience, occupies the seat beside the driver.
     (4) Term of instruction permit. A driver's instruction permit is valid for one year from the date of issue.
     (a) The department may issue one additional one-year permit.
     (b) The department may issue a third driver's permit if it finds after an investigation that the permittee is diligently seeking to improve driving proficiency.
     (c) A person applying to ((renew an)) receive a second or third instruction permit must submit the application to the department in person and pay a twenty-five dollar fee.
     (5) Examination fee. An applicant who takes the examination required under this section must pay a fee of thirty-five dollars for each examination taken, irrespective of passage or failure.

Sec. 17   RCW 46.20.117 and 2005 c 314 s 305 are each amended to read as follows:
     (1) Issuance. The department shall issue an identicard, containing a picture, if the applicant:
     (a) Does not hold a valid Washington driver's license;
     (b) Proves his or her identity as required by RCW 46.20.035; and
     (c) Pays the required fee. The fee is ((twenty)) thirty dollars unless an applicant is a recipient of continuing public assistance grants under Title 74 RCW, who is referred in writing by the secretary of social and health services. For those persons the fee must be the actual cost of production of the identicard.
     (2) Design and term. The identicard must:
     (a) Be distinctly designed so that it will not be confused with the official driver's license; and
     (b) Expire on the fifth anniversary of the applicant's birthdate after issuance.
     (3) Renewal. An application for identicard renewal may be submitted by means of:
     (a) Personal appearance before the department; or
     (b) Mail or electronic commerce, if permitted by rule of the department and if the applicant did not renew his or her identicard by mail or by electronic commerce when it last expired. However, the department may accept an application for renewal of an identicard submitted by means of mail or electronic commerce only if specific authority and funding is provided for this purpose by June 30, 2004, in the omnibus transportation appropriations act.
     An identicard may not be renewed by mail or by electronic commerce unless the renewal issued by the department includes a photograph of the identicard holder.
     (4) Cancellation. The department may cancel an identicard if the holder of the identicard used the card or allowed others to use the card in violation of RCW 46.20.0921.

Sec. 18   RCW 46.20.120 and 2005 c 314 s 306 and 2005 c 61 s 2 are each reenacted and amended to read as follows:
     An applicant for a new or renewed driver's license must successfully pass a driver licensing examination to qualify for a driver's license. The department shall give examinations at places and times reasonably available to the people of this state.
     (1) Waiver. The department may waive:
     (a) All or any part of the examination of any person applying for the renewal of a driver's license unless the department determines that the applicant is not qualified to hold a driver's license under this title; or
     (b) All or any part of the examination involving operating a motor vehicle if the applicant:
     (i) Surrenders a valid driver's license issued by the person's previous home state; or
     (ii) Provides for verification a valid driver's license issued by a foreign driver licensing jurisdiction with which the department has an informal agreement under RCW 46.20.125; and
     (iii) Is otherwise qualified to be licensed.
     (2) Fee. Each applicant for a new license must pay an examination fee of ((twenty)) thirty dollars.
     (a) The examination fee is in addition to the fee charged for issuance of the license.
     (b) "New license" means a license issued to a driver:
     (i) Who has not been previously licensed in this state; or
     (ii) Whose last previous Washington license has been expired for more than five years.
     (3) An application for driver's license renewal may be submitted by means of:
     (a) Personal appearance before the department; or
     (b) Mail or electronic commerce, if permitted by rule of the department and if the applicant did not renew his or her license by mail or by electronic commerce when it last expired. ((However, the department may accept an application for renewal of a driver's license submitted by means of mail or electronic commerce only if specific authority and funding is provided for this purpose by June 30, 2004, in the omnibus transportation appropriations act.))
     (4) A person whose license expired or will expire while he or she is living outside the state, may:
     (a) Apply to the department to extend the validity of his or her license for no more than twelve months. If the person establishes to the department's satisfaction that he or she is unable to return to Washington before the date his or her license expires, the department shall extend the person's license. The department may grant consecutive extensions, but in no event may the cumulative total of extensions exceed twelve months. An extension granted under this section does not change the expiration date of the license for purposes of RCW 46.20.181. The department shall charge a fee of thirty-five dollars for each license extension;
     (b) Apply to the department to renew his or her license by mail or, if permitted by rule of the department, by electronic commerce even if subsection (3)(b) of this section would not otherwise allow renewal by that means. If the person establishes to the department's satisfaction that he or she is unable to return to Washington within twelve months of the date that his or her license expires, the department shall renew the person's license by mail or, if permitted by rule of the department, by electronic commerce.
     (5) If a qualified person submits an application for renewal under subsection (3)(b) or (4)(b) of this section, he or she is not required to pass an examination nor provide an updated photograph. A license renewed by mail or by electronic commerce that does not include a photograph of the licensee must be labeled "not valid for identification purposes."

Sec. 19   RCW 46.20.161 and 2000 c 115 s 6 are each amended to read as follows:
     The department, upon receipt of a fee of ((twenty-five)) forty-five dollars, unless the driver's license is issued for a period other than five years, in which case the fee shall be ((five)) nine dollars for each year that the license is issued, which includes the fee for the required photograph, shall issue to every qualifying applicant a driver's license. A driver's license issued to a person under the age of eighteen is an intermediate license, subject to the restrictions imposed under RCW 46.20.075, until the person reaches the age of eighteen. The license must include a distinguishing number assigned to the licensee, the name of record, date of birth, Washington residence address, photograph, a brief description of the licensee, and either a facsimile of the signature of the licensee or a space upon which the licensee shall write his or her usual signature with pen and ink immediately upon receipt of the license. No license is valid until it has been so signed by the licensee.

Sec. 20   RCW 46.20.181 and 1999 c 308 s 3 are each amended to read as follows:
     (1) Except as provided in subsection (4) of this section, every driver's license expires on the fifth anniversary of the licensee's birthdate following the issuance of the license.
     (2) A person may renew his or her license on or before the expiration date by submitting an application as prescribed by the department and paying a fee of ((twenty-five)) forty dollars. This fee includes the fee for the required photograph.
     (3) A person renewing his or her driver's license more than sixty days after the license has expired shall pay a penalty fee of ((ten)) fifteen dollars in addition to the renewal fee, unless his or her license expired when:
     (a) The person was outside the state and he or she renews the license within sixty days after returning to this state; or
     (b) The person was incapacitated and he or she renews the license within sixty days after the termination of the incapacity.
     (4) During the period from July 1, 2000, to July 1, 2006, the department may issue or renew a driver's license for a period other than five years, or may extend by mail a license that has already been issued, in order to evenly distribute, as nearly as possible, the yearly renewal rate of licensed drivers. The fee for a driver's license issued or renewed for a period other than five years, or that has been extended by mail, is five dollars for each year that the license is issued, renewed, or extended. The department may adopt any rules as are necessary to carry out this subsection.

Sec. 21   RCW 46.20.200 and 2002 c 352 s 14 are each amended to read as follows:
     (1) If an instruction permit, identicard, or a driver's license is lost or destroyed, the person to whom it was issued may obtain a duplicate of it upon furnishing proof of such fact satisfactory to the department and payment of a fee of ((fifteen)) twenty dollars to the department.
     (2) A replacement permit, identicard, or driver's license may be obtained to change or correct material information upon payment of a fee of ((ten)) fifteen dollars and surrender of the permit, identicard, or driver's license being replaced.

Sec. 22   RCW 46.20.202 and 2007 c 7 s 1 are each amended to read as follows:
     (1) The department may enter into a memorandum of understanding with any federal agency for the purposes of facilitating the crossing of the border between the state of Washington and the Canadian province of British Columbia.
     (2) The department may enter into an agreement with the Canadian province of British Columbia for the purposes of implementing a border-crossing initiative.
     (3)(a) The department may issue an enhanced driver's license or identicard for the purposes of crossing the border between the state of Washington and the Canadian province of British Columbia to an applicant who provides the department with proof of: United States citizenship, identity, and state residency. The department shall continue to offer a standard driver's license and identicard. If the department chooses to issue an enhanced driver's license, the department must allow each applicant to choose between a standard driver's license or identicard, or an enhanced driver's license or identicard.
     (b) The department shall implement a one-to-many biometric matching system for the enhanced driver's license or identicard. An applicant for an enhanced driver's license or identicard shall submit a biometric identifier as designated by the department. The biometric identifier must be used solely for the purpose of verifying the identity of the holders and for any purpose set out in RCW 46.20.037. Applicants are required to sign a declaration acknowledging their understanding of the one-to-many biometric match.
     (c) The enhanced driver's license or identicard must include reasonable security measures to protect the privacy of Washington state residents, including reasonable safeguards to protect against unauthorized disclosure of data about Washington state residents. If the enhanced driver's license or identicard includes a radio frequency identification chip, or similar technology, the department shall ensure that the technology is encrypted or otherwise secure from unauthorized data access.
     (d) The requirements of this subsection are in addition to the requirements otherwise imposed on applicants for a driver's license or identicard. The department shall adopt such rules as necessary to meet the requirements of this subsection. From time to time the department shall review technological innovations related to the security of identity cards and amend the rules related to enhanced driver's licenses and identicards as the director deems consistent with this section and appropriate to protect the privacy of Washington state residents.
     (e) Notwithstanding RCW 46.20.118, the department may make images associated with enhanced drivers' licenses or identicards from the negative file available to United States customs and border agents for the purposes of verifying identity.
     (4)(a) The department ((may set a)) shall charge the following fees for the issuance of enhanced drivers' licenses and identicards under this section:
     (i) The fee for an original enhanced driver's license is fifty-five dollars.
     (ii) The fee for a renewed or reissued enhanced driver's license is thirty dollars.
     (iii) The fee for an original enhanced identicard is fifty-five dollars.
     (iv) The fee for a renewed or reissued enhanced identicard is thirty dollars.
     (b) The fees under this section are in addition to the regular driver's license and identicard fees.

Sec. 23   RCW 46.20.049 and 2005 c 314 s 309 are each amended to read as follows:
     There shall be an additional fee for issuing any class of commercial driver's license in addition to the prescribed fee required for the issuance of the original driver's license. The additional fee for each class shall be thirty-five dollars for the original commercial driver's license or subsequent renewals. If the commercial driver's license is renewed or extended for a period other than five years, the fee for each class shall be ((six)) seven dollars for each year that the commercial driver's license is renewed or extended. The fee shall be deposited in the highway safety fund.

Sec. 24   RCW 46.25.060 and 2009 c 339 s 1 are each amended to read as follows:
     (1)(a) No person may be issued a commercial driver's license unless that person is a resident of this state, has successfully completed a course of instruction in the operation of a commercial motor vehicle that has been approved by the director or has been certified by an employer as having the skills and training necessary to operate a commercial motor vehicle safely, and has passed a knowledge and skills test for driving a commercial motor vehicle that complies with minimum federal standards established by federal regulation enumerated in 49 C.F.R. part 383, subparts G and H, and has satisfied all other requirements of the CMVSA in addition to other requirements imposed by state law or federal regulation. The tests must be prescribed and conducted by the department. In addition to the fee charged for issuance or renewal of any license, the applicant shall pay a fee of no more than ((ten)) thirty dollars for each classified knowledge examination, classified endorsement knowledge examination, or any combination of classified license and endorsement knowledge examinations. The applicant shall pay a fee of no more than one hundred twenty-five dollars for each classified skill examination or combination of classified skill examinations conducted by the department.
     (b) The department may authorize a person, including an agency of this or another state, an employer, a private driver training facility, or other private institution, or a department, agency, or instrumentality of local government, to administer the skills test specified by this section under the following conditions:
     (i) The test is the same which would otherwise be administered by the state;
     (ii) The third party has entered into an agreement with the state that complies with the requirements of 49 C.F.R. part 383.75; and
     (iii) The director has adopted rules as to the third party testing program and the development and justification for fees charged by any third party.
     (c) If the applicant's primary use of a commercial driver's license is for any of the following, then the applicant shall pay a fee of no more than seventy-five dollars for each classified skill examination or combination of classified skill examinations whether conducted by the department or a third-party tester:
     (i) Public benefit not-for-profit corporations that are federally supported head start programs; or
     (ii) Public benefit not-for-profit corporations that support early childhood education and assistance programs as described in RCW 43.215.405(((4))) (2).
     (2) The department shall work with the office of the superintendent of public instruction to develop modified P1 and P2 skill examinations that also include the skill examination components required to obtain an "S" endorsement. In no event may a new applicant for an "S" endorsement be required to take two separate examinations to obtain an "S" endorsement and either a P1 or P2 endorsement, unless that applicant is upgrading his or her existing commercial driver's license to include an "S" endorsement. The combined P1/S or P2/S skill examination must be offered to the applicant at the same cost as a regular P1 or P2 skill examination.
     (3)(a) The department may waive the skills test and the requirement for completion of a course of instruction in the operation of a commercial motor vehicle specified in this section for a commercial driver's license applicant who meets the requirements of 49 C.F.R. part 383.77.
     (b) An applicant who operates a commercial motor vehicle for agribusiness purposes is exempt from the course of instruction completion and employer skills and training certification requirements under this section. By January 1, 2010, the department shall submit recommendations regarding the continuance of this exemption to the transportation committees of the legislature. For purposes of this subsection (3)(b), "agribusiness" means a private carrier who in the normal course of business primarily transports:
     (i) Farm machinery, farm equipment, implements of husbandry, farm supplies, and materials used in farming;
     (ii) Agricultural inputs, such as seed, feed, fertilizer, and crop protection products;
     (iii) Unprocessed agricultural commodities, as defined in RCW 17.21.020, where such commodities are produced by farmers, ranchers, vineyardists, or orchardists; or
     (iv) Any combination of (b)(i) through (iii) of this subsection.
     This subsection (3)(b) expires July 1, 2011.
     (4) A commercial driver's license or commercial driver's instruction permit may not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle, or while the person's driver's license is suspended, revoked, or canceled in any state, nor may a commercial driver's license be issued to a person who has a commercial driver's license issued by any other state unless the person first surrenders all such licenses, which must be returned to the issuing state for cancellation.
     (5)(a) The department may issue a commercial driver's instruction permit to an applicant who is at least eighteen years of age and holds a valid Washington state driver's license and who has submitted a proper application, passed the general knowledge examination required for issuance of a commercial driver's license under subsection (1) of this section, and paid the appropriate fee for the knowledge examination and an application fee of ((ten)) thirty-five dollars.
     (b) A commercial driver's instruction permit may not be issued for a period to exceed six months. Only one renewal or reissuance may be granted within a two-year period.
     (c) The holder of a commercial driver's instruction permit may drive a commercial motor vehicle on a highway only when accompanied by the holder of a commercial driver's license valid for the type of vehicle driven who occupies a seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle. The holder of a commercial driver's instruction permit is not authorized to operate a commercial motor vehicle transporting hazardous materials.
     (d) The department shall transmit the fees collected for commercial driver's instruction permits to the state treasurer.

Sec. 25   RCW 46.25.100 and 2002 c 272 s 4 are each amended to read as follows:
     When a person has been disqualified from operating a commercial motor vehicle, the person is not entitled to have the commercial driver's license restored until after the expiration of the appropriate disqualification period required under RCW 46.25.090 or until the department has received a drug and alcohol assessment and evidence is presented of satisfactory participation in or completion of any required drug or alcohol treatment program for ending the disqualification under RCW 46.25.090(7). After expiration of the appropriate period and upon payment of a requalification fee of ((twenty)) twenty-five dollars, or ((one)) five hundred ((fifty)) dollars if the person has been disqualified under RCW 46.25.090 (1) (a), (b), (e), or (7), the person may apply for a new, duplicate, or renewal commercial driver's license as provided by law. If the person has been disqualified for a period of one year or more, the person shall demonstrate that he or she meets the commercial driver's license qualification standards specified in RCW 46.25.060.

Sec. 26   RCW 46.20.308 and 2008 c 282 s 2 are each amended to read as follows:
     (1) Any person who operates a motor vehicle within this state is deemed to have given consent, subject to the provisions of RCW 46.61.506, to a test or tests of his or her breath or blood for the purpose of determining the alcohol concentration or presence of any drug in his or her breath or blood if arrested for any offense where, at the time of the arrest, the arresting officer has reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug or was in violation of RCW 46.61.503. Neither consent nor this section precludes a police officer from obtaining a search warrant for a person's breath or blood.
     (2) The test or tests of breath shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving or in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or any drug or the person to have been driving or in actual physical control of a motor vehicle while having alcohol in a concentration in violation of RCW 46.61.503 in his or her system and being under the age of twenty-one. However, in those instances where the person is incapable due to physical injury, physical incapacity, or other physical limitation, of providing a breath sample or where the person is being treated in a hospital, clinic, doctor's office, emergency medical vehicle, ambulance, or other similar facility or where the officer has reasonable grounds to believe that the person is under the influence of a drug, a blood test shall be administered by a qualified person as provided in RCW 46.61.506(5). The officer shall inform the person of his or her right to refuse the breath or blood test, and of his or her right to have additional tests administered by any qualified person of his or her choosing as provided in RCW 46.61.506. The officer shall warn the driver, in substantially the following language, that:
     (a) If the driver refuses to take the test, the driver's license, permit, or privilege to drive will be revoked or denied for at least one year; and
     (b) If the driver refuses to take the test, the driver's refusal to take the test may be used in a criminal trial; and
     (c) If the driver submits to the test and the test is administered, the driver's license, permit, or privilege to drive will be suspended, revoked, or denied for at least ninety days if the driver is age twenty-one or over and the test indicates the alcohol concentration of the driver's breath or blood is 0.08 or more, or if the driver is under age twenty-one and the test indicates the alcohol concentration of the driver's breath or blood is 0.02 or more, or if the driver is under age twenty-one and the driver is in violation of RCW 46.61.502 or 46.61.504; and
     (d) If the driver's license, permit, or privilege to drive is suspended, revoked, or denied the driver may be eligible to immediately apply for an ignition interlock driver's license.
     (3) Except as provided in this section, the test administered shall be of the breath only. If an individual is unconscious or is under arrest for the crime of vehicular homicide as provided in RCW 46.61.520 or vehicular assault as provided in RCW 46.61.522, or if an individual is under arrest for the crime of driving while under the influence of intoxicating liquor or drugs as provided in RCW 46.61.502, which arrest results from an accident in which there has been serious bodily injury to another person, a breath or blood test may be administered without the consent of the individual so arrested.
     (4) Any person who is dead, unconscious, or who is otherwise in a condition rendering him or her incapable of refusal, shall be deemed not to have withdrawn the consent provided by subsection (1) of this section and the test or tests may be administered, subject to the provisions of RCW 46.61.506, and the person shall be deemed to have received the warnings required under subsection (2) of this section.
     (5) If, following his or her arrest and receipt of warnings under subsection (2) of this section, the person arrested refuses upon the request of a law enforcement officer to submit to a test or tests of his or her breath or blood, no test shall be given except as authorized under subsection (3) or (4) of this section.
     (6) If, after arrest and after the other applicable conditions and requirements of this section have been satisfied, a test or tests of the person's blood or breath is administered and the test results indicate that the alcohol concentration of the person's breath or blood is 0.08 or more if the person is age twenty-one or over, or 0.02 or more if the person is under the age of twenty-one, or the person refuses to submit to a test, the arresting officer or other law enforcement officer at whose direction any test has been given, or the department, where applicable, if the arrest results in a test of the person's blood, shall:
     (a) Serve notice in writing on the person on behalf of the department of its intention to suspend, revoke, or deny the person's license, permit, or privilege to drive as required by subsection (7) of this section;
     (b) Serve notice in writing on the person on behalf of the department of his or her right to a hearing, specifying the steps he or she must take to obtain a hearing as provided by subsection (8) of this section and that the person waives the right to a hearing if he or she receives an ignition interlock driver's license;
     (c) Mark the person's Washington state driver's license or permit to drive, if any, in a manner authorized by the department;
     (d) Serve notice in writing that the marked license or permit, if any, is a temporary license that is valid for sixty days from the date of arrest or from the date notice has been given in the event notice is given by the department following a blood test, or until the suspension, revocation, or denial of the person's license, permit, or privilege to drive is sustained at a hearing pursuant to subsection (8) of this section, whichever occurs first. No temporary license is valid to any greater degree than the license or permit that it replaces; and
     (e) Immediately notify the department of the arrest and transmit to the department within seventy-two hours, except as delayed as the result of a blood test, a sworn report or report under a declaration authorized by RCW 9A.72.085 that states:
     (i) That the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or drugs, or both, or was under the age of twenty-one years and had been driving or was in actual physical control of a motor vehicle while having an alcohol concentration in violation of RCW 46.61.503;
     (ii) That after receipt of the warnings required by subsection (2) of this section the person refused to submit to a test of his or her blood or breath, or a test was administered and the results indicated that the alcohol concentration of the person's breath or blood was 0.08 or more if the person is age twenty-one or over, or was 0.02 or more if the person is under the age of twenty-one; and
     (iii) Any other information that the director may require by rule.
     (7) The department of licensing, upon the receipt of a sworn report or report under a declaration authorized by RCW 9A.72.085 under subsection (6)(e) of this section, shall suspend, revoke, or deny the person's license, permit, or privilege to drive or any nonresident operating privilege, as provided in RCW 46.20.3101, such suspension, revocation, or denial to be effective beginning sixty days from the date of arrest or from the date notice has been given in the event notice is given by the department following a blood test, or when sustained at a hearing pursuant to subsection (8) of this section, whichever occurs first.
     (8) A person receiving notification under subsection (6)(b) of this section may, within twenty days after the notice has been given, request in writing a formal hearing before the department. The person shall pay a fee of ((two)) three hundred seventy-five dollars as part of the request. If the request is mailed, it must be postmarked within twenty days after receipt of the notification. Upon timely receipt of such a request for a formal hearing, including receipt of the required ((two)) three hundred seventy-five dollar fee, the department shall afford the person an opportunity for a hearing. The department may waive the required ((two)) three hundred seventy-five dollar fee if the person is an indigent as defined in RCW 10.101.010. Except as otherwise provided in this section, the hearing is subject to and shall be scheduled and conducted in accordance with RCW 46.20.329 and 46.20.332. The hearing shall be conducted in the county of the arrest, except that all or part of the hearing may, at the discretion of the department, be conducted by telephone or other electronic means. The hearing shall be held within sixty days following the arrest or following the date notice has been given in the event notice is given by the department following a blood test, unless otherwise agreed to by the department and the person, in which case the action by the department shall be stayed, and any valid temporary license marked under subsection (6)(c) of this section extended, if the person is otherwise eligible for licensing. For the purposes of this section, the scope of the hearing shall cover the issues of whether a law enforcement officer had reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or any drug or had been driving or was in actual physical control of a motor vehicle within this state while having alcohol in his or her system in a concentration of 0.02 or more if the person was under the age of twenty-one, whether the person was placed under arrest, and (a) whether the person refused to submit to the test or tests upon request of the officer after having been informed that such refusal would result in the revocation of the person's license, permit, or privilege to drive, or (b) if a test or tests were administered, whether the applicable requirements of this section were satisfied before the administration of the test or tests, whether the person submitted to the test or tests, or whether a test was administered without express consent as permitted under this section, and whether the test or tests indicated that the alcohol concentration of the person's breath or blood was 0.08 or more if the person was age twenty-one or over at the time of the arrest, or 0.02 or more if the person was under the age of twenty-one at the time of the arrest. The sworn report or report under a declaration authorized by RCW 9A.72.085 submitted by a law enforcement officer is prima facie evidence that the officer had reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or drugs, or both, or the person had been driving or was in actual physical control of a motor vehicle within this state while having alcohol in his or her system in a concentration of 0.02 or more and was under the age of twenty-one and that the officer complied with the requirements of this section.
     A hearing officer shall conduct the hearing, may issue subpoenas for the attendance of witnesses and the production of documents, and shall administer oaths to witnesses. The hearing officer shall not issue a subpoena for the attendance of a witness at the request of the person unless the request is accompanied by the fee required by RCW 5.56.010 for a witness in district court. The sworn report or report under a declaration authorized by RCW 9A.72.085 of the law enforcement officer and any other evidence accompanying the report shall be admissible without further evidentiary foundation and the certifications authorized by the criminal rules for courts of limited jurisdiction shall be admissible without further evidentiary foundation. The person may be represented by counsel, may question witnesses, may present evidence, and may testify. The department shall order that the suspension, revocation, or denial either be rescinded or sustained.
     (9) If the suspension, revocation, or denial is sustained after such a hearing, the person whose license, privilege, or permit is suspended, revoked, or denied has the right to file a petition in the superior court of the county of arrest to review the final order of revocation by the department in the same manner as an appeal from a decision of a court of limited jurisdiction. Notice of appeal must be filed within thirty days after the date the final order is served or the right to appeal is waived. Notwithstanding RCW 46.20.334, RALJ 1.1, or other statutes or rules referencing de novo review, the appeal shall be limited to a review of the record of the administrative hearing. The appellant must pay the costs associated with obtaining the record of the hearing before the hearing officer. The filing of the appeal does not stay the effective date of the suspension, revocation, or denial. A petition filed under this subsection must include the petitioner's grounds for requesting review. Upon granting petitioner's request for review, the court shall review the department's final order of suspension, revocation, or denial as expeditiously as possible. The review must be limited to a determination of whether the department has committed any errors of law. The superior court shall accept those factual determinations supported by substantial evidence in the record: (a) That were expressly made by the department; or (b) that may reasonably be inferred from the final order of the department. The superior court may reverse, affirm, or modify the decision of the department or remand the case back to the department for further proceedings. The decision of the superior court must be in writing and filed in the clerk's office with the other papers in the case. The court shall state the reasons for the decision. If judicial relief is sought for a stay or other temporary remedy from the department's action, the court shall not grant such relief unless the court finds that the appellant is likely to prevail in the appeal and that without a stay the appellant will suffer irreparable injury. If the court stays the suspension, revocation, or denial it may impose conditions on such stay.
     (10)(a) If a person whose driver's license, permit, or privilege to drive has been or will be suspended, revoked, or denied under subsection (7) of this section, other than as a result of a breath or blood test refusal, and who has not committed an offense for which he or she was granted a deferred prosecution under chapter 10.05 RCW, petitions a court for a deferred prosecution on criminal charges arising out of the arrest for which action has been or will be taken under subsection (7) of this section, or notifies the department of licensing of the intent to seek such a deferred prosecution, then the license suspension or revocation shall be stayed pending entry of the deferred prosecution. The stay shall not be longer than one hundred fifty days after the date charges are filed, or two years after the date of the arrest, whichever time period is shorter. If the court stays the suspension, revocation, or denial, it may impose conditions on such stay. If the person is otherwise eligible for licensing, the department shall issue a temporary license, or extend any valid temporary license marked under subsection (6) of this section, for the period of the stay. If a deferred prosecution treatment plan is not recommended in the report made under RCW 10.05.050, or if treatment is rejected by the court, or if the person declines to accept an offered treatment plan, or if the person violates any condition imposed by the court, then the court shall immediately direct the department to cancel the stay and any temporary marked license or extension of a temporary license issued under this subsection.
     (b) A suspension, revocation, or denial imposed under this section, other than as a result of a breath or blood test refusal, shall be stayed if the person is accepted for deferred prosecution as provided in chapter 10.05 RCW for the incident upon which the suspension, revocation, or denial is based. If the deferred prosecution is terminated, the stay shall be lifted and the suspension, revocation, or denial reinstated. If the deferred prosecution is completed, the stay shall be lifted and the suspension, revocation, or denial canceled.
     (c) The provisions of (b) of this subsection relating to a stay of a suspension, revocation, or denial and the cancellation of any suspension, revocation, or denial do not apply to the suspension, revocation, denial, or disqualification of a person's commercial driver's license or privilege to operate a commercial motor vehicle.
     (11) When it has been finally determined under the procedures of this section that a nonresident's privilege to operate a motor vehicle in this state has been suspended, revoked, or denied, the department shall give information in writing of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he or she has a license.

Sec. 27   RCW 46.20.380 and 2008 c 282 s 5 are each amended to read as follows:
     No person may file an application for an occupational driver's license, a temporary restricted driver's license, or an ignition interlock driver's license as provided in RCW 46.20.391 and 46.20.385 unless he or she first pays to the director or other person authorized to accept applications and fees for driver's licenses a fee of one hundred ten dollars. The applicant shall receive upon payment an official receipt for the payment of such fee. All such fees shall be forwarded to the director who shall transmit such fees to the state treasurer in the same manner as other driver's license fees.

Sec. 28   RCW 46.17.230 and 2010 c 161 s 519 are each amended to read as follows:
     Before accepting an application for a replacement license tab, the department, county auditor or other agent, or subagent appointed by the director shall charge a ((one)) two dollar fee for each pair of tabs or windshield emblem. The license tab or windshield emblem replacement fee must be deposited in the motor vehicle fund created in RCW 46.68.070.

Sec. 29   RCW 46.17.310 and 2010 c 161 s 523 are each amended to read as follows:
     Before accepting an application for a change of class as required under RCW 46.16A.200(6), the department, county auditor or other agent, or subagent appointed by the director shall require the applicant to pay a ((one)) two dollar fee. The ((one dollar)) change of class fee must be deposited in the motor vehicle fund created in RCW 46.68.070.

Sec. 30   RCW 46.17.400 and 2010 c 161 s 535 are each amended to read as follows:
     (1) Before accepting an application for one of the following permits, the department, county auditor or other agent, or subagent appointed by the director shall require the applicant to pay the following permit fee by permit type in addition to any other fee or tax required by law:

Sec. 31   RCW 46.17.400 and 2011 c ... (ESB 5061) s 62 are each amended to read as follows:
     (1) Before accepting an application for one of the following permits, the department, county auditor or other agent, or subagent appointed by the director shall require the applicant to pay the following permit fee by permit type in addition to any other fee or tax required by law:

Sec. 32   RCW 46.68.455 and 2010 c 161 s 815 are each amended to read as follows:
     (1) Thirty-two dollars of the vehicle trip permit fee imposed under RCW 46.17.400(1)(h) must be distributed as follows:
     (a) ((Five)) Twelve dollars to the state patrol highway account for commercial motor vehicle inspections;
     (b) A one dollar excise tax to the state general fund;
     (c) The amount of the filing fee imposed under RCW 46.17.005(1)(a) to be credited as required under RCW 46.68.400; and
     (d) The remainder to the credit of the motor vehicle fund created in RCW 46.68.070 as an administrative fee.
     (2) The administrative fee under subsection (1)(d) of this section must be increased or decreased in an equal amount if the amount of the filing fee imposed under RCW 46.17.005(1)(a) increases or decreases, so that the total trip permit fee is adjusted equally to compensate.
     (3) Eight dollars of the vehicle trip permit ((surcharge)) fee imposed under RCW 46.17.400(((4))) (1)(h) must be distributed as follows:
     (a) The portion of the ((surcharge)) fee paid by motor carriers to the motor vehicle fund created in RCW 46.68.070 for the purpose of supporting vehicle weigh stations, weigh-in-motion programs, and the commercial vehicle information systems and networks program; and
     (b) The remainder to the motor vehicle fund created in RCW 46.68.070 for the purpose of supporting congestion relief programs.

Sec. 33   RCW 46.68.455 and 2011 c ... (ESB 5061) s 89 are each amended to read as follows:
     The vehicle trip permit fee imposed under RCW 46.17.400(1)(h) must be distributed as follows:
     (1) ((Five)) Twelve dollars to the state patrol highway account for commercial motor vehicle inspections;
     (2) ((Five)) Eight dollars to the motor vehicle fund created in RCW 46.68.070 to be distributed as follows:
     (a) If paid by motor carriers, to be used for supporting vehicle weigh stations, weigh-in-motion programs, and the commercial vehicle information systems and networks programs; and
     (b) If paid by a person other than a motor carrier, to be used for supporting congestion relief programs.
     (3) A one dollar excise tax to the state general fund;
     (4) The amount of the filing fee imposed under RCW 46.17.005(1) to be credited as required under RCW 46.68.400; and
     (5) The remainder to the credit of the motor vehicle fund created in RCW 46.68.070 as an administrative fee. The administrative fee must be increased or decreased in an equal amount if the amount of the filing fee imposed under RCW 46.17.005(1) increases or decreases, so that the total trip permit fee is adjusted equally to compensate.

Sec. 34   RCW 46.17.005 and 2010 c 161 s 501 are each amended to read as follows:
     (1) A person who applies for a vehicle registration or for any other right to operate a vehicle on the highways of this state shall pay a ((three)) seven dollar filing fee in addition to any other fees and taxes required by law.
     (2) A person who applies for a certificate of title shall pay a ((four)) eight dollar filing fee in addition to any other fees and taxes required by law.
     (3) The filing fees established in this section must be distributed under RCW 46.68.400.

Sec. 35   RCW 46.17.100 and 2010 c 161 s 508 are each amended to read as follows:
     Before accepting an application for a certificate of title as required in this title, the department, county auditor or other agent, or subagent appointed by the director shall require the applicant to pay a ((five)) thirteen dollar application fee in addition to any other fees and taxes required by law. The certificate of title application fee must be distributed under RCW 46.68.020.

Sec. 36   RCW 46.17.140 and 2010 c 161 s 512 are each amended to read as follows:
     The penalty for a late transfer under RCW 46.12.650(7) is ((twenty-five)) fifty dollars assessed on the sixteenth day after the date of delivery and two dollars for each additional day thereafter, but the total penalty must not exceed one hundred twenty-five dollars. The penalty must be distributed under RCW 46.68.020.

Sec. 37   RCW 46.17.200 and 2010 c 161 s 518 are each amended to read as follows:
     (1) In addition to all other fees and taxes required by law, the department, county auditor or other agent, or subagent appointed by the director shall charge:
     (a) The following license plate fees for each license plate, unless the owner or type of vehicle is exempt from payment:

Sec. 38   RCW 46.17.200 and 2011 c ... (ESB 5061) s 56 are each amended to read as follows:
     (1) In addition to all other fees and taxes required by law, the department, county auditor or other agent, or subagent appointed by the director shall charge:
     (a) The following license plate fees for each license plate, unless the owner or type of vehicle is exempt from payment:

Sec. 39   RCW 46.87.090 and 1994 c 262 s 14 are each amended to read as follows:
     (1) To replace an apportioned vehicle license plate(s), cab card, or validation tab(s) due to loss, defacement, or destruction, the registrant shall apply to the department on forms furnished for that purpose. The application, together with proper payment and other documentation as indicated, shall be filed with the department as follows:
     (a) Apportioned plate(s) - a fee of ((ten)) thirteen dollars shall be charged for vehicles required to display two apportioned plates or five dollars for vehicles required to display one apportioned plate. The cab card of the vehicle for which a plate is requested shall accompany the application. The department shall issue a new apportioned plate(s) with validation tab(s) and a new cab card upon acceptance of the completed application form, old cab card, and the required replacement fee.
     (b) Cab card - a fee of two dollars shall be charged for each card. If this is a duplicate cab card, it will be noted thereon.
     (c) Validation year tab(s) - a fee of two dollars shall be charged for each vehicle.
     (2) All fees collected under this section shall be deposited to the motor vehicle fund.

Sec. 40   RCW 46.87.130 and 2005 c 194 s 8 are each amended to read as follows:
     In addition to all other fees prescribed for the proportional registration of vehicles under this chapter, the department shall collect a vehicle transaction fee of eight dollars each time a vehicle is added to a Washington-based fleet, and each time the proportional registration of a Washington-based vehicle is renewed. ((The exact amount of the vehicle transaction fee shall be fixed by rule but shall not exceed ten dollars.)) This fee shall be deposited in the motor vehicle fund.

Sec. 41   RCW 46.52.130 and 2010 c 253 s 1 are each amended to read as follows:
     Upon a proper request, the department may furnish an abstract of a person's driving record as permitted under this section.
     (1) Contents of abstract of driving record. An abstract of a person's driving record, whenever possible, must include:
     (a) An enumeration of motor vehicle accidents in which the person was driving, including:
     (i) The total number of vehicles involved;
     (ii) Whether the vehicles were legally parked or moving;
     (iii) Whether the vehicles were occupied at the time of the accident; and
     (iv) Whether the accident resulted in a fatality;
     (b) Any reported convictions, forfeitures of bail, or findings that an infraction was committed based upon a violation of any motor vehicle law;
     (c) The status of the person's driving privilege in this state; and
     (d) Any reports of failure to appear in response to a traffic citation or failure to respond to a notice of infraction served upon the named individual by an arresting officer.
     (2) Release of abstract of driving record. An abstract of a person's driving record may be furnished to the following persons or entities:
     (a) Named individuals. (i) An abstract of the full driving record maintained by the department may be furnished to the individual named in the abstract.
     (ii) Nothing in this section prevents a court from providing a copy of the driver's abstract to the individual named in the abstract, provided that the named individual has a pending or open infraction or criminal case in that court. A pending case includes criminal cases that have not reached a disposition by plea, stipulation, trial, or amended charge. An open infraction or criminal case includes cases on probation, payment agreement or subject to, or in collections. Courts may charge a reasonable fee for the production and copying of the abstract for the individual.
     (b) Employers or prospective employers. (i) An abstract of the full driving record maintained by the department may be furnished to an employer or prospective employer or an agent acting on behalf of an employer or prospective employer of the named individual for purposes related to driving by the individual as a condition of employment or otherwise at the direction of the employer.
     (ii) Release of an abstract of the driving record of an employee or prospective employee requires a statement signed by: (A) The employee or prospective employee that authorizes the release of the record; and (B) the employer attesting that the information is necessary for employment purposes related to driving by the individual as a condition of employment or otherwise at the direction of the employer. If the employer or prospective employer authorizes an agent to obtain this information on their behalf, this must be noted in the statement.
     (iii) Upon request of the person named in the abstract provided under this subsection, and upon that same person furnishing copies of court records ruling that the person was not at fault in a motor vehicle accident, the department must indicate on any abstract provided under this subsection that the person was not at fault in the motor vehicle accident.
     (c) Volunteer organizations. (i) An abstract of the full driving record maintained by the department may be furnished to a volunteer organization or an agent for a volunteer organization for which the named individual has submitted an application for a position that would require driving by the individual at the direction of the volunteer organization.
     (ii) Release of an abstract of the driving record of a prospective volunteer requires a statement signed by: (A) The prospective volunteer that authorizes the release of the record; and (B) the volunteer organization attesting that the information is necessary for purposes related to driving by the individual at the direction of the volunteer organization. If the volunteer organization authorizes an agent to obtain this information on their behalf, this must be noted in the statement.
     (d) Transit authorities. An abstract of the full driving record maintained by the department may be furnished to an employee or agent of a transit authority checking prospective volunteer vanpool drivers for insurance and risk management needs.
     (e) Insurance carriers. (i) An abstract of the driving record maintained by the department covering the period of not more than the last three years may be furnished to an insurance company or its agent:
     (A) That has motor vehicle or life insurance in effect covering the named individual;
     (B) To which the named individual has applied; or
     (C) That has insurance in effect covering the employer or a prospective employer of the named individual.
     (ii) The abstract provided to the insurance company must:
     (A) Not contain any information related to actions committed by law enforcement officers or firefighters, as both terms are defined in RCW 41.26.030, or by Washington state patrol officers, while driving official vehicles in the performance of their occupational duty. This does not apply to any situation where the vehicle was used in the commission of a misdemeanor or felony;
     (B) Include convictions under RCW 46.61.5249 and 46.61.525, except that the abstract must report the convictions only as negligent driving without reference to whether they are for first or second degree negligent driving; and
     (C) Exclude any deferred prosecution under RCW 10.05.060, except that if a person is removed from a deferred prosecution under RCW 10.05.090, the abstract must show the deferred prosecution as well as the removal.
     (iii) Any policy of insurance may not be canceled, nonrenewed, denied, or have the rate increased on the basis of information regarding an accident included in the abstract of a driving record, unless the policyholder was determined to be at fault.
     (iv) Any insurance company or its agent, for underwriting purposes relating to the operation of commercial motor vehicles, may not use any information contained in the abstract relative to any person's operation of motor vehicles while not engaged in such employment. Any insurance company or its agent, for underwriting purposes relating to the operation of noncommercial motor vehicles, may not use any information contained in the abstract relative to any person's operation of commercial motor vehicles.
     (v) The director may enter into a contractual agreement with an insurance company or its agent for the limited purpose of reviewing the driving records of existing policyholders for changes to the record during specified periods of time. The department shall establish a fee for this service, which must be deposited in the highway safety fund. The fee for this service must be set at a level that will not result in a net revenue loss to the state. Any information provided under this subsection must be treated in the same manner and is subject to the same restrictions as driving record abstracts.
     (f) Alcohol/drug assessment or treatment agencies. An abstract of the driving record maintained by the department covering the period of not more than the last five years may be furnished to an alcohol/drug assessment or treatment agency approved by the department of social and health services to which the named individual has applied or been assigned for evaluation or treatment, for purposes of assisting employees in making a determination as to what level of treatment, if any, is appropriate, except that the abstract must:
     (i) Also include records of alcohol-related offenses, as defined in RCW 46.01.260(2), covering a period of not more than the last ten years; and
     (ii) Indicate whether an alcohol-related offense was originally charged as a violation of either RCW 46.61.502 or 46.61.504.
     (g) City attorneys and county prosecuting attorneys. An abstract of the full driving record maintained by the department, including whether a recorded violation is an alcohol-related offense, as defined in RCW 46.01.260(2), that was originally charged as a violation of either RCW 46.61.502 or 46.61.504, may be furnished to city attorneys or county prosecuting attorneys. City attorneys and county prosecuting attorneys may provide the driving record to alcohol/drug assessment or treatment agencies approved by the department of social and health services to which the named individual has applied or been assigned for evaluation or treatment.
     (h) State colleges, universities, or agencies, or units of local government. An abstract of the full driving record maintained by the department may be furnished to (i) state colleges, universities, or agencies for employment and risk management purposes or (ii) units of local government authorized to self-insure under RCW 48.62.031 for employment and risk management purposes.
     (i) Superintendent of public instruction. An abstract of the full driving record maintained by the department may be furnished to the superintendent of public instruction for review of public school bus driver records. The superintendent or superintendent's designee may discuss information on the driving record with an authorized representative of the employing school district for employment and risk management purposes.
     (3) Release to third parties prohibited. Any person or entity receiving an abstract of a person's driving record under subsection (2)(b) through (i) of this section shall use the abstract exclusively for his, her, or its own purposes or as otherwise expressly permitted under this section, and shall not divulge any information contained in the abstract to a third party.
     (4) Fee. The director shall collect a ((ten-dollar)) twelve dollar fee for each abstract of a person's driving record furnished by the department. Fifty percent of the fee must be deposited in the highway safety fund, and fifty percent of the fee must be deposited according to RCW 46.68.038.
     (5) Violation. (a) Any negligent violation of this section is a gross misdemeanor.
     (b) Any intentional violation of this section is a class C felony.

Sec. 42   RCW 46.29.050 and 2010 c 8 s 9028 are each amended to read as follows:
     (1) The department shall upon request furnish any person or his or her attorney a certified abstract of his or her driving record, which abstract shall include enumeration of any motor vehicle accidents in which such person has been involved. Such abstract shall (a) indicate the total number of vehicles involved, whether the vehicles were legally parked or moving, and whether the vehicles were occupied at the time of the accident; and (b) contain reference to any convictions of the person for violation of the motor vehicle laws as reported to the department, reference to any findings that the person has committed a traffic infraction which have been reported to the department, and a record of any vehicles registered in the name of the person. ((The department shall collect for each abstract the sum of ten dollars, fifty percent of which shall be deposited in the highway safety fund and fifty percent of which must be deposited according to RCW 46.68.038.))
     (2) The department shall upon request furnish any person who may have been injured in person or property by any motor vehicle, with an abstract of all information of record in the department pertaining to the evidence of the ability of any driver or owner of any motor vehicle to respond in damages. ((The department shall collect for each abstract the sum of ten dollars, fifty percent of which shall be deposited in the highway safety fund and fifty percent of which must be deposited according to RCW 46.68.038.))
     (3) For each abstract furnished under this section, the department must collect and administer a fee as required in RCW 46.52.130.

Sec. 43   RCW 46.20.293 and 2007 c 424 s 1 are each amended to read as follows:
     The department is authorized to provide juvenile courts with the department's record of traffic charges compiled under RCW 46.52.101 and 13.50.200, against any minor upon the request of any state juvenile court or duly authorized officer of any juvenile court of this state. Further, the department is authorized to provide any juvenile court with any requested service which the department can reasonably perform which is not inconsistent with its legal authority which substantially aids juvenile courts in handling traffic cases and which promotes highway safety.
     The department is authorized to furnish to the parent, parents, or guardian of any person under eighteen years of age who is not emancipated from such parent, parents, or guardian, the department records of traffic charges compiled against the person and shall collect for the copy a fee of ((ten)) twelve dollars, fifty percent of which must be deposited in the highway safety fund and fifty percent of which must be deposited according to RCW 46.68.038.

Sec. 44   RCW 46.82.310 and 2009 c 101 s 3 are each amended to read as follows:
     (1) No person shall engage in the business of conducting a driver training school without a license issued by the director for that purpose. The school's license must be displayed before the school may:
     (a) Schedule, enroll, or engage any students in a course of instruction;
     (b) Issue a verification of enrollment to any student; or
     (c) Begin any classroom or behind-the-wheel instruction.
     (2) An application for a driver training school license shall be filed with the director, containing such information as prescribed by the director, including a uniform business identifier number, accompanied by an application fee ((as set by rule of the department)) of seven hundred fifty dollars, which shall in no event be refunded. Before an application for a driver training school license is approved, the business practices, facilities, records, vehicles, and insurance of the proposed school must be inspected and reviewed by authorized representatives of the director. If an application is approved by the director, the applicant shall be granted a license valid for a period of one year from the date of issuance.
     (3) A driver training school may apply for a license to establish a branch office or branch classroom by filing an application with the director, containing such information as prescribed by the director, accompanied by an application fee ((as set by rule of the department)) of five hundred dollars, which shall in no event be refunded. Before an application for a license to establish a branch office or branch classroom is approved, the business practices, facilities, records, vehicles, and insurance of the proposed branch location must be inspected and reviewed by authorized representatives of the director. If an application is approved by the director, the applicant shall be granted a license valid for a period of one year from the date of issuance.
     (4) The annual fee for renewal of a driver training school ((or branch location)) license ((shall be set by rule of the department)) is five hundred dollars. The annual fee for renewal of a driver training school branch location license is three hundred seventy-five dollars. Subject to the department's inspection of the business, the director shall issue a license certificate to each licensee which shall be conspicuously displayed in the place of business of the licensee. If the director has not received a renewal application postmarked on or before the date a license expires the license will be marked late. If the renewal application and fee are not received within thirty days after expiration of the license, the license will be void requiring a new application as provided for in this chapter, including payment of all fees. Instruction may not be given beyond the thirty days from the expiration of the license.
     (5) The person to whom a driver training school license has been issued must notify the director in writing within ten business days after any change is made in the officers, directors, or location of the place of business of the school.
     (6) Except as otherwise permitted by rule of the department, a change involving the ownership of a driver training school requires a new license application, including payment of all fees.
     (a) The owner relinquishing the business must notify the director in writing within ten business days.
     (b) The new owner must submit an application and fee ((as prescribed by rule of the department)) of seven hundred fifty dollars for transfer of the school's license to the director within ten business days.
     (c) Upon receipt of the required notification and the application and fees for license transfer, the director shall permit continuance of the business for a period not to exceed sixty days from the date of transfer pending approval of the new application for a school license.
     (d) The transferred license shall remain subject to suspension, revocation, or denial in accordance with RCW 46.82.350 and 46.82.360.
     (7) Evidence of liability insurance coverage for the instruction vehicles and the building premises of the driver training school must be filed with the director prior to the issuance or renewal of a school license, and shall meet the following standards:
     (a) Coverage must be provided by a company authorized to do business in Washington state;
     (b) Automobile liability coverage shall be in the amount of not less than one million dollars, and shall include property damage and uninsured motorists coverage;
     (c) The required coverage shall be maintained in full force and effect for the term of the school license;
     (d) Changes in insurance coverage due to cancellation or expiration require notification of the director and proof of continuing coverage within ten working days following any change; and
     (e) Coverage shall be issued in the name of the school and identify the covered locations and vehicles.

Sec. 45   RCW 46.82.320 and 2009 c 101 s 4 are each amended to read as follows:
     (1) No person affiliated with a driver training school shall give instruction in the operation of an automobile for a fee without a license issued by the director for that purpose. An application for an original or renewal instructor's license shall be filed with the director, containing such information as prescribed by this chapter and by the director, accompanied by an application fee ((set by rule of the department)) of three hundred twenty-five dollars for an original license and three hundred dollars for a renewal license, which shall in no event be refunded. An application for a renewal instructor's license must be accompanied by proof of the applicant's continuing professional development that meets the standards adopted by the director. If the applicant satisfactorily meets the application requirements and the examination requirements as prescribed in RCW 46.82.330, the applicant shall be granted a license valid for a period of two years from the date of issuance.
     (2) The director shall issue a license certificate to each qualified applicant.
     (a) An employing driver training school must conspicuously display an instructor's license at its established place of business and display copies of the instructor's license at any branch office where the instructor provides instruction.
     (b) Unless revoked, canceled, or denied by the director, the license shall remain the property of the licensee in the event of termination of employment or employment by another driver training school.
     (c) If the director has not received a renewal application on or before the date a license expires, the license will be voided requiring a new application as provided for in this chapter, including examination and payment of all fees.
     (d) If revoked, canceled, or denied by the director, the license must be surrendered to the department within ten days following the effective date of such action.
     (3) Each licensee shall be provided with a wallet-size identification card by the director at the time the license is issued which shall be in the instructor's immediate possession at all times while engaged in instructing.
     (4) The person to whom an instructor's license has been issued shall notify the director in writing within ten days of any change of employment or termination of employment, providing the name and address of the new driver training school by whom the instructor will be employed.

Sec. 46   RCW 46.82.330 and 2010 1st sp.s. c 7 s 21 are each amended to read as follows:
     (1) The application for an instructor's license shall document the applicant's fitness, knowledge, skills, and abilities to teach the classroom and behind-the-wheel phases of a driver training education program in a commercial driver training school.
     (2) An applicant shall be eligible to apply for an original instructor's certificate if the applicant possesses and meets the following qualifications and conditions:
     (a) Has been licensed to drive for five or more years and possesses a current and valid Washington driver's license or is a resident of a jurisdiction immediately adjacent to Washington state and possesses a current and valid license issued by such jurisdiction, and does not have on his or her driving record any of the violations or penalties set forth in (a)(i), (ii), or (iii) of this subsection. The director shall have the right to examine the driving record of the applicant from the department of licensing and from other jurisdictions and from these records determine if the applicant has had:
     (i) Not more than one moving traffic violation within the preceding twelve months or more than two moving traffic violations in the preceding twenty-four months;
     (ii) No drug or alcohol-related traffic violation or incident within the preceding three years. If there are two or more drug or alcohol-related traffic violations in the applicant's driving history, the applicant is no longer eligible to be a driving instructor; and
     (iii) No driver's license suspension, cancellation, revocation, or denial within the preceding two years, or no more than two of these occurrences in the preceding five years;
     (b) Is a high school graduate or the equivalent and at least twenty-one years of age;
     (c) Has completed an acceptable application on a form prescribed by the director;
     (d) Has satisfactorily completed a course of instruction in the training of drivers acceptable to the director that is no less than sixty hours in length and includes instruction in classroom and behind-the-wheel teaching methods and supervised practice behind-the-wheel teaching of driving techniques; and
     (e) Has paid an examination fee ((as set by rule of the department)) of thirty-five dollars and has successfully completed an instructor's examination.

Sec. 47   RCW 46.82.340 and 2006 c 219 s 8 are each amended to read as follows:
     In case of the loss, mutilation, or destruction of a driver training school license certificate or an instructor's license certificate, the director shall issue a duplicate thereof upon proof of the facts and payment of a fee ((as set by rule of the department)) of twenty-five dollars.

Sec. 48   RCW 46.01.230 and 2010 c 161 s 205 are each amended to read as follows:
     (1) The department may accept checks and money orders for the payment of drivers' licenses, certificates of title and vehicle registrations, vehicle excise taxes, gross weight fees, and other fees and taxes collected by the department. Whenever registrations, licenses, or permits have been paid for by checks or money orders that have been dishonored by nonacceptance or nonpayment, the department shall:
     (a) Cancel the registration, license, or permit;
     (b) Send a notice of cancellation by first-class mail using the last known address in department records for the holder of the certificate, license, or permit, and complete an affidavit of first-class mail; and
     (c) Assess a handling fee((, set by rule)) of thirty-five dollars.
     (2) It is a traffic infraction to fail to surrender a certificate of title, registration certificate, or permit to the department or to an authorized agent within ten days of being notified that the certificate, registration, or permit has been canceled.
     (3) County auditors, agents, and subagents appointed by the director may collect restitution for dishonored checks and money orders and keep the handling fee.
     (4) A person who has recently acquired a vehicle by purchase, exchange, gift, lease, inheritance, or legal action is not liable or responsible for the payment of uncollected fees and taxes that were paid for by a predecessor's check or money order that was subsequently dishonored. The department may not deny an application to transfer ownership for the uncollected amount.
     (5) The director may adopt rules to implement this section. The rules must provide for the public's convenience consistent with sound business practice and encourage annual renewal of vehicle registrations by mail, authorizing checks and money orders for payment.

Sec. 49   RCW 46.70.061 and 2002 c 352 s 23 are each amended to read as follows:
     (1) The annual fees for original licenses issued for twelve consecutive months from the date of issuance under this chapter shall be:
     (a) Vehicle dealers, principal place of business for each and every license classification: One thousand seven hundred fifty dollars;
     (b) Vehicle dealers, each subagency, and temporary subagency: One hundred twenty-five dollars;
     (c) Vehicle manufacturers: ((Five)) Seven hundred fifty dollars.
     (2) The annual fee for renewal of any license issued pursuant to this chapter shall be:
     (a) Vehicle dealers, principal place of business for each and every license classification: ((Two)) Seven hundred ((fifty)) dollars;
     (b) Vehicle dealer, each and every subagency: ((Twenty-five)) One hundred dollars;
     (c) Vehicle manufacturers: ((Two)) Five hundred ((fifty)) dollars.
     If any licensee fails or neglects to apply for such renewal within thirty days after the expiration of the license, or assigned renewal date under a staggered licensing system, the license shall be declared canceled by the director, in which case the licensee will be required to apply for an original license and pay the fee required for the original license.
     (3) The fee for the transfer to another location of any license classification issued pursuant to this chapter shall be twenty-five dollars.
     (4) The fee for vehicle dealer license plates and manufacturer license plates ((shall be the amount required by law for vehicle license plates exclusive of excise tax and gross weight and tonnage fees)) is:
     (a) For original issue license plates, one hundred dollars;
     (b) For replacement license plates, fifty dollars; and
     (c) For renewal license plates, one hundred dollars.
     (5) All fees collected under this chapter shall be deposited in the state treasury and credited to the motor vehicle fund.
     (6) The fees prescribed in this section are in addition to any excise taxes imposed by chapter 82.44 RCW.

Sec. 50   RCW 46.80.040 and 1995 c 256 s 6 are each amended to read as follows:
     The application, together with a fee of ((twenty-five)) one hundred dollars, and a surety bond as provided in RCW 46.80.070, shall be forwarded to the department. Upon receipt of the application the department shall, if the application is in order, issue a vehicle wrecker's license authorizing the wrecker to do business as such and forward the fee to the state treasurer, to be deposited in the motor vehicle fund. Upon receiving the certificate the owner shall cause it to be prominently displayed in the place of business, where it may be inspected by an investigating officer at any time.

Sec. 51   RCW 46.80.050 and 1995 c 256 s 7 are each amended to read as follows:
     A license issued on this application remains in force until suspended or revoked and may be renewed annually upon reapplication according to RCW 46.80.030 and upon payment of a fee of ((ten)) fifteen dollars. A vehicle wrecker who fails or neglects to renew the license before the assigned expiration date shall pay the fee for an original vehicle wrecker license as provided in this chapter.
     Whenever a vehicle wrecker ceases to do business as such or the license has been suspended or revoked, the wrecker shall immediately surrender the license to the department.

Sec. 52   RCW 46.80.060 and 1995 c 256 s 8 are each amended to read as follows:
     The vehicle wrecker shall obtain a special set of license plates in addition to the regular licenses and plates required for the operation of such vehicles. The special plates must be displayed on vehicles owned and/or operated by the wrecker and used in the conduct of the business. The fee for these plates ((shall be five)) is fifteen dollars for the original plates and ((two)) fifteen dollars for each additional set of plates bearing the same license number. The renewal fee for these plates is fifteen dollars for the first set, and fifteen dollars for each additional set. A wrecker with more than one licensed location in the state may use special plates bearing the same license number for vehicles operated out of any of the licensed locations.

Sec. 53   RCW 46.79.040 and 2010 c 8 s 9095 are each amended to read as follows:
     Application for a hulk hauler's license, together with a fee of ((ten)) one hundred dollars, or application for a scrap processor's license, together with a fee of ((twenty-five)) one hundred dollars, shall be forwarded to the director. Upon receipt of the application the director shall, if the application be in order, issue the license applied for authorizing him or her to do business as such and forward the fee, together with an itemized and detailed report, to the state treasurer, to be deposited in the motor vehicle fund. Upon receiving the certificate the owner shall cause it to be prominently displayed at the address shown in his or her application, where it may be inspected by an investigating officer at any time.

Sec. 54   RCW 46.79.050 and 1985 c 109 s 5 are each amended to read as follows:
     A license issued pursuant to this chapter expires on the date assigned by the director, and may be renewed by filing a proper application and payment of a fee of ((ten)) seventy-five dollars.
     Whenever a hulk hauler or scrap processor ceases to do business or the license has been suspended or revoked, the license shall immediately be surrendered to the director.

Sec. 55   RCW 46.79.060 and 2010 c 8 s 9096 are each amended to read as follows:
     The hulk hauler or scrap processor shall obtain a special set of license plates in addition to the regular licenses and plates required for the operation of vehicles owned and/or operated by him or her and used in the conduct of his or her business. Such special license shall be displayed on the operational vehicles and shall be in lieu of a trip permit or current license on any vehicle being transported. The fee for these plates ((shall be five)) is fifteen dollars for the original plates and ((two)) fifteen dollars for each additional set of plates bearing the same license number. The renewal fee for these plates is fifteen dollars for the first set, and fifteen dollars for each additional set.

Sec. 56   RCW 46.76.040 and 1990 c 250 s 68 are each amended to read as follows:
     The fee for an original transporter's license is ((twenty-five)) one hundred dollars. Transporter license number plates bearing an appropriate symbol and serial number shall be attached to all vehicles being delivered in the conduct of the business licensed under this chapter. The plates may be obtained for a fee of ((two)) fifteen dollars for each set. The renewal fee for these plates is fifteen dollars for the first set, and fifteen dollars for each additional set.

Sec. 57   RCW 46.76.050 and 1985 c 109 s 3 are each amended to read as follows:
     A transporter's license expires on the date assigned by the director, and may be renewed by filing a proper application and paying an annual fee of ((fifteen)) seventy-five dollars.

Sec. 58   RCW 46.37.420 and 2007 c 140 s 2 are each amended to read as follows:
     (1) It is unlawful to operate a vehicle upon the public highways of this state unless it is completely equipped with pneumatic rubber tires except vehicles equipped with temporary-use spare tires that meet federal standards that are installed and used in accordance with the manufacturer's instructions.
     (2) No tire on a vehicle moved on a highway may have on its periphery any block, flange, cleat, or spike or any other protuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire, except that it is permissible to use farm machinery equipped with pneumatic tires or solid rubber tracks having protuberances that will not injure the highway, and except also that it is permissible to use tire chains or metal studs imbedded within the tire of reasonable proportions and of a type conforming to rules adopted by the state patrol, upon any vehicle when required for safety because of snow, ice, or other conditions tending to cause a vehicle to skid. It is unlawful to use metal studs imbedded within the tire between April 1st and November 1st, except that a vehicle may be equipped year-round with tires that have retractable studs if: (a) The studs retract pneumatically or mechanically to below the wear bar of the tire when not in use; and (b) the retractable studs are engaged only between November 1st and April 1st. Retractable studs may be made of metal or other material and are not subject to the lightweight stud weight requirements under RCW 46.04.272. The state department of transportation may, from time to time, determine additional periods in which the use of tires with metal studs imbedded therein is lawful.
     (3)(a) In addition to the fee required under RCW 70.95.510, there is a five dollar fee on the retail sale of each new tire sold that contains studs. The fee imposed under this subsection must be paid by the buyer to the seller, and each seller shall collect from the buyer the full amount of the fee. The fee collected from the buyer by the seller must be paid to the department of revenue in accordance with RCW 82.32.045. The fee collected must be deposited in the motor vehicle account and be used for road maintenance.
     (b) The department of revenue must collect on the business excise tax return from the businesses selling new tires that contain studs at retail the number of tires sold and the fee imposed under this subsection. The department of revenue must incorporate into the agency's audit cycle a reconciliation of the number of tires sold and the amount of revenue collected by the businesses selling new tires that contain studs.
     (c) All other applicable provisions of chapter 82.32 RCW have full force and application with respect to the fee imposed under this subsection.
     (d) The department of revenue must administer this subsection.
     (e) For the purposes of this subsection, "a new tire that contains studs" means a new tire that is manufactured for vehicle purposes and contains metal studs imbedded by the tire manufacturer or retailer, and does not include bicycle tires or retreaded vehicle tires.
     (4) The state department of transportation and local authorities in their respective jurisdictions may issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of the movable tracks or farm tractors or other farm machinery, the operation of which upon a highway would otherwise be prohibited under this section.
     (((4))) (5) Tires with metal studs imbedded therein may be used between November 1st and April 1st upon school buses and fire department vehicles, any law or regulation to the contrary notwithstanding.

NEW SECTION.  Sec. 59   A new section is added to chapter 46.37 RCW to read as follows:
     (1) The fee imposed under RCW 46.37.420(3), to be collected by the seller, is deemed to be held in trust by the seller until paid to the department of revenue, and any seller who appropriates or converts the fee collected to his or her own use or to any use other than the payment of the fee to the extent that the money required to be collected is not available for payment on the due date is guilty of a gross misdemeanor.
     (2) If any seller fails to collect the fee imposed under RCW 46.37.420(3) or, having collected the fee, fails to pay the fee to the department of revenue by the due date, whether such failure is the result of his or her own acts or the result of acts or conditions beyond his or her control, the seller is personally liable to the state for the amount of the fee.
     (3) The amount of the fee, until paid by the buyer to the seller or to the department of revenue, constitutes a debt from the buyer to the seller. Any seller who fails or refuses to collect the fee as required with intent to violate RCW 46.37.420(3) or to gain some advantage or benefit, either direct or indirect, and any buyer who refuses to pay the fee due under RCW 46.37.420(3) is guilty of a misdemeanor.

Sec. 60   RCW 82.08.036 and 1989 c 431 s 45 are each amended to read as follows:
     The tax levied by RCW 82.08.020 shall not apply to consideration: (1) Received as core deposits or credits in a retail or wholesale sale; ((or)) (2) received or collected upon the sale of a new replacement vehicle tire as a fee imposed under RCW 70.95.510; or (3) received or collected upon the sale of a new studded tire as a fee imposed under RCW 46.37.420(3). For purposes of this section, the term "core deposits or credits" means the amount representing the value of returnable products such as batteries, starters, brakes, and other products with returnable value added for the purpose of recycling or remanufacturing.

NEW SECTION.  Sec. 61   If chapter . . . (Engrossed Senate Bill No. 5061), Laws of 2011 is enacted by June 30, 2011, sections 31, 33, and 38 of this act take effect.

NEW SECTION.  Sec. 62   If chapter . . . (Engrossed Senate Bill No. 5061), Laws of 2011 is not enacted by June 30, 2011, sections 30, 32, and 37 of this act take effect.

NEW SECTION.  Sec. 63   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 64   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 takes effect July 1, 2011.