S-4542               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 4912

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Senate Committee on Transportation (originally sponsored by Senators Peterson, Granlund, Conner, Moore, Stratton and Garrett)

Read first time 2/7/86.

AN ACT Relating to payments to the department of licensing; amending RCW 46.01.230; and prescribing penalties.

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

        Sec. 1.  Section 44, chapter 170, Laws of 1965 ex. sess. as last amended by section 39, chapter 136, Laws of 1979 ex. sess. and RCW 46.01.230 are each amended to read as follows:

          (1) The department of licensing is authorized to accept checks and money orders for payment of drivers' licenses, certificates of ownership and registration, motor vehicle excise taxes, gross weight fees, and other fees and taxes collected by the department, in accordance with ((regulations)) rules adopted by the director.  The director's ((regulations)) rules shall duly provide for the public's convenience consistent with sound business practice and shall encourage the annual renewal of vehicle registrations by mail to the department, authorizing checks and money orders for payment.  Such ((regulations)) rules shall contain provisions for cancellation of any registrations, licenses, or permits paid for by checks or money orders which are not duly paid and for the necessary accounting procedures in such cases:  PROVIDED, That any bona fide purchaser for value of a  vehicle shall not be liable or responsible for any prior uncollected taxes and fees paid, pursuant to this section, by a check which has subsequently been dishonored:  AND PROVIDED FURTHER, That no transfer of ownership of a vehicle may be denied to a bona fide purchaser for value of a vehicle if  there are outstanding uncollected fees or taxes for which a predecessor paid, pursuant to this section, by check which has subsequently been dishonored nor shall the new owner be required to pay any fee for replacement vehicle license number plates that may be required pursuant to RCW 46.16.270 ((as now or hereafter amended)).

          (2) It is a traffic infraction to fail to surrender within ten days to the department or any authorized agent of the department any certificate, license, or permit after being notified by certified mail that such certificate, license, or permit has been canceled pursuant to this section.

(3) Whenever registrations, licenses, or permits have been paid for by checks that have been dishonored by nonacceptance or nonpayment, a reasonable handling fee may be assessed for each such instrument.  The director may make rules allowing agents or subagents, appointed or approved by the director pursuant to RCW 46.01.140, to collect restitution, and where they have collected restitution, to retain the reasonable handling fee.  The amount of the reasonable handling fee may be set by rule by the director.