AN ACT
Relating to vehicle licensing and registration activities; amending RCW
46.01.140, 46.01.230, and 46.16.060; adding a new section to chapter 46.01 RCW;
and adding a new section to chapter 46.68 RCW.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
Sec.
1. RCW
46.01.140 and 1991 c 339 s 16 are each amended to read as follows:
(1)
The county auditor, if appointed by the director of licensing shall carry out
the provisions of this title relating to the licensing of vehicles and the
issuance of vehicle license number plates under the direction and supervision
of the director and may with the approval of the director appoint assistants as
special deputies and recommend subagents to accept applications and
collect fees for vehicle licenses and transfers and to deliver vehicle license
number plates.
(2) A
county auditor appointed by the director may request that the director appoint
subagencies within the county. Upon authorization of the director, the auditor
shall advertise a request for proposals and use the process for soliciting
vendors under RCW 39.04.190(2), except that the provision requiring the
contract to be awarded to the lowest responsible bidder shall not apply. The
auditor shall submit all proposals to the director, and shall recommend the
appointment of one or more subagents who have applied through the request for proposal
process. The director has final appointment authority.
(3)(a)
A county auditor who is appointed as an agent by the department shall enter
into a standard contract provided by the director, developed with the advice of
the title and registration advisory committee.
(b)
A subagent appointed under subsection (2) of this section shall enter into a
standard contract with the county auditor, developed with the advice of the
title and registration advisory committee. The director shall provide the
standard contract to county auditors.
(c)
The contracts provided for in (a) and (b) of this subsection must contain at a
minimum provisions that:
(i)
Describe the responsibilities, and where applicable, the liability, of each
party relating to the service expectations and levels, equipment to be supplied
by the department, and equipment maintenance;
(ii)
Require the specific type of insurance or bonds so that the state is protected
against any loss of collected motor vehicle tax revenues or loss of equipment;
(iii)
Specify the amount of training that will be provided by the state, the county
auditor, or subagents;
(iv)
Describe allowable costs that may be charged to motor vehicle licensing
activities as provided for in (d) of this subsection;
(v)
Describe the causes and procedures for termination of the contract, which may
include mediation and binding arbitration.
(d)
The department shall develop procedures that will standardize and prescribe
allowable costs that may be assigned to motor vehicle licensing activities
performed by county auditors.
(e)
The contracts may include any provision that the director deems necessary to
ensure acceptable service and the full collection of motor vehicle tax
revenues.
(f)
The director may waive any provisions of the contract deemed necessary in order
to ensure that readily accessible service is provided to the citizens of the
state.
(4)(a)
At any time any application is made to the director, the county auditor, or
other agent pursuant to any law dealing with licenses, registration, or the
right to operate any vehicle upon the public highways of this state, excluding
applicants already paying such fee under RCW 46.16.070 or 46.16.085, the
applicant shall pay to the director, county auditor, or other agent a fee of
two dollars for each application in addition to any other fees required by law.
(b)
Counties that do not cover the expenses of motor vehicle licensing activities
may submit to the department a request for cost-coverage moneys. The request
must be submitted on a form developed by the department. The department shall
develop procedures to verify whether a request is reasonable. Payment shall be
made on requests found to be allowable from the licensing services account.
(c)
Applicants for certificates of ownership, including applicants paying fees
under RCW 46.16.070 or 46.16.085, shall pay to the director, county auditor, or
other agent a fee of three dollars in addition to any other fees required by
law.
((These))
(d) The fees under (a) and (c) of this subsection, if paid to the
county auditor as agent of the director, or if paid to a subagent of the county
auditor, shall be paid to the county treasurer in the same manner as other fees
collected by the county auditor and credited to the county current expense fund.
If the fee is paid to another agent of the director, the fee shall be used by
the agent to defray his or her expenses in handling the application.
(((3)))
(5) A subagent ((is entitled to an additional service charge of two
dollars. However, from July 1, 1991, through June 30, 1992, subagents))
shall collect a service fee of (a) five dollars and fifty cents for changes in
a certificate of ownership, with or without registration renewal, or
verification of record and preparation of an affidavit of lost title other than
at the time of the title application or transfer and (b) two dollars and
twenty-five cents for registration renewal only, issuing a transit permit, or
any other service under this section.
(((4)))
(6) If the fee is collected by the state patrol as agent for the
director, the fee so collected shall be certified to the state treasurer and
deposited to the credit of the state patrol highway account. If the fee is
collected by the department of transportation as agent for the director, the
fee shall be certified to the state treasurer and deposited to the credit of
the motor vehicle fund. All such fees collected by the director or branches of
his office shall be certified to the state treasurer and deposited to the
credit of the highway safety fund.
(7)
Any county revenues that exceed the cost of providing motor vehicle licensing
activities in a county, calculated in accordance with the procedures in
subsection (3)(d) of this section, shall be expended as determined by the
county legislative authority during the process established by law for adoption
of county budgets.
(8)
The director may adopt rules to implement this section.
Sec.
2. RCW
46.01.230 and 1987 c 302 s 2 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 adopted by the director. The
director's regulations 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 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. Notwithstanding provisions of any
other laws, county auditors, agents, and subagents, appointed or approved by
the director pursuant to RCW 46.01.140, may collect restitution, and where they
have collected restitution may retain the reasonable handling fee. The amount
of the reasonable handling fee may be set by rule by the director.
(4)
In those counties where the county auditor has been appointed an agent of the
director under RCW 46.01.140, the auditor shall continue to process mail-in
registration renewals until directed otherwise by legislative authority.
NEW
SECTION. Sec. 3. A new
section is added to chapter 46.01 RCW to read as follows:
The
title and registration advisory committee is created within the department.
The committee consists of the director or a designee, who shall serve as chair,
the assistant director for vehicle services, the administrator of title and
registration services, two members from each of the house and senate
transportation committees, two county auditors nominated by the Washington
association of county officials, and two representatives of subagents nominated
by an association of vehicle subagents. The committee shall meet at least
twice a year, and may meet as often as is necessary.
The
committee's purpose is to foster communication between the legislature, the
department, county auditors, and subagents. The committee shall make
recommendations when requested by the legislative transportation committee, or
on its own initiative, about revisions to fee structures, implications of fee
revisions on cost sharing, and the development of standard contracts provided
for in RCW 46.01.140(3). The committee shall make recommendations about fee
revisions to the legislative transportation committee by January 1, 1996.
Sec.
4. RCW
46.16.060 and 1987 1st ex.s. c 9 s 3 are each amended to read as follows:
(1)
Except for vehicles already so taxed in RCW 46.16.070 and 46.16.085 or as
otherwise specifically provided by law for the licensing of vehicles, there
shall be paid and collected annually for each registration year or fractional
part thereof and upon each vehicle a license fee of twenty-three dollars, but
effective with initial motor vehicle registrations that expire in January,
1989, and thereafter, the license fee shall be twenty-seven dollars and
seventy-five cents; however, if the vehicle was previously licensed in this
state and has not been registered in another jurisdiction in the intervening
period, the renewal license fee shall be nineteen dollars, but effective with
vehicle license renewals that expire in January, 1989, and thereafter, the
renewal license fee shall be twenty-three dollars and seventy-five cents. On
all new and renewal license fees, an additional fifty cents shall be collected
and remitted to the department for deposit into the department of licensing
services account of the motor vehicle fund. The proceeds of such fees
shall be distributed in accordance with RCW 46.68.030. The fee for licensing
each house-moving dolly which is used exclusively for moving buildings or homes
on the highway under special permit as provided for in chapter 46.44 RCW shall
be twenty-five dollars, but effective with licenses that expire in January,
1989, and thereafter, the fee shall be twenty-nine dollars and seventy-five
cents, and no other fee shall be charged for the load carried thereon.
(2)
The department of licensing, county auditors, and other authorized agents shall
collect for any registration year any increase in the fees authorized by this
section for the months of that registration year in which any such increase is
effective in the same manner and at the same time as such fees for that
registration year would otherwise be collected as provided by law.
NEW
SECTION. Sec. 5. A new
section is added to chapter 46.68 RCW to read as follows:
The
department of licensing services account is created in the motor vehicle fund.
All receipts from service fees received under RCW 46.01.140(4)(b) shall be
deposited into the account. Moneys in the account may be spent only after
appropriation. Expenditures from the account may be used only for information
and service delivery systems for the department, and for reimbursement of
county licensing activities.
