6406 AMS SUTH S5283.1
SB 6406 - S AMD - 139
By Senator Sutherland
On page 5, line 14, after "days." insert "Half of the monetary penalties provided in this subsection shall be remitted as provided in RCW 3.62.020 or 10.82.070. Half of the penalties shall be remitted to the state treasurer and deposited in the motor vehicle fund."
On page 5, line 27, after "10.82.070." insert "The penalties provided in subsection (2) of this section shall be remitted to the state treasurer and deposited in the motor vehicle fund."
SB 6406 - S AMD - 139
By Senator Sutherland
On page 6, after line 27, insert the following:
"Sec. 3. RCW 3.62.020 and 1995 c 301 s 31 and 1995 c 291 s 5 are each reenacted and amended to read as follows:
(1) Except as provided in subsection (4) of this section, all costs, fees, fines, forfeitures and penalties assessed and collected in whole or in part by district courts, except costs, fines, forfeitures and penalties assessed and collected, in whole or in part, because of the violation of city ordinances, shall be remitted by the clerk of the district court to the county treasurer at least monthly, together with a financial statement as required by the state auditor, noting the information necessary for crediting of such funds as required by law.
(2)
The county treasurer shall remit thirty-two percent of the noninterest money
received under subsection (1) of this section ((except certain costs))
to the state treasurer for deposit, except as follows:
(a)
Under RCW 43.08.250, certain costs shall be deposited with the state treasurer.
"Certain costs" as used in this subsection, means those costs awarded
to prevailing parties in civil actions under RCW 4.84.010 or 36.18.040, or
those costs awarded against convicted defendants in criminal actions under RCW
10.01.160, 10.46.190, or 36.18.040, or other similar statutes if such costs are
specifically designated as costs by the court and are awarded for the specific
reimbursement of costs incurred by the state or county in the prosecution of
the case, including the fees of defense counsel((. Money remitted under
this subsection to the state treasurer shall be deposited as provided in RCW
43.08.250)); and
(b) All penalties provided for in RCW 46.44.105(2) shall be deposited with the state treasurer and credited to the motor vehicle fund as provided in RCW 46.44.105(8).
(3) The balance of the noninterest money received by the county treasurer under subsection (1) of this section shall be deposited in the county current expense fund.
(4) All money collected for county parking infractions shall be remitted by the clerk of the district court at least monthly, with the information required under subsection (1) of this section, to the county treasurer for deposit in the county current expense fund.
(5) Penalties, fines, bail forfeitures, fees, and costs may accrue interest at the rate of twelve percent per annum, upon assignment to a collection agency. Interest may accrue only while the case is in collection status.
(6) Interest retained by the court on penalties, fines, bail forfeitures, fees, and costs shall be split twenty-five percent to the state treasurer for deposit in the public safety and education account as provided in RCW 43.08.250, twenty-five percent to the state treasurer for deposit in the judicial information system account as provided in RCW 2.68.020, twenty-five percent to the county current expense fund, and twenty-five percent to the county current expense fund to fund local courts.
Sec. 4. RCW 10.82.070 and 1995 c 292 s 3 are each amended to read as follows:
(1) All sums of money derived from costs, fines, penalties, and forfeitures imposed or collected, in whole or in part, by a superior court for violation of orders of injunction, mandamus and other like writs, for contempt of court, or for breach of the penal laws shall be paid in cash by the person collecting the same, within twenty days after the collection, to the county treasurer of the county in which the same have accrued.
(2)
The county treasurer shall remit monthly thirty-two percent of the money
received under this section ((except for certain costs)) to the state
treasurer for deposit ((as provided under RCW 43.08.250)) and shall
deposit the remainder as provided by law except as follows:
(a)
Certain costs as provided under RCW 43.08.250 shall be deposited to the state
treasurer. "Certain costs" as used in this subsection, means
those costs awarded to prevailing parties in civil actions under RCW 4.84.010
or 36.18.040, or those costs awarded against convicted defendants in criminal
actions under RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes
if such costs are specifically designated as costs by the court and are awarded
for the specific reimbursement of costs incurred by the state or county in the
prosecution of the case, including the fees of defense counsel((.));
(b) All penalties provided for in RCW 46.44.105(2) shall be deposited with the state treasurer and credited to the motor vehicle fund as provided under RCW 46.44.105(8); and
(c) Costs or assessments awarded to dedicated accounts, state or local, are not subject to this state allocation or to RCW 7.68.035.
(3) All fees, fines, forfeitures and penalties collected or assessed by a district court because of the violation of a state law shall be remitted as provided in chapter 3.62 RCW as now exists or is later amended. All fees, fines, forfeitures, and penalties collected or assessed by a superior court in cases on appeal from a lower court shall be remitted to the municipal or district court from which the cases were appealed.
Sec. 5. RCW 46.16.070 and 1994 c 262 s 8 are each amended to read as follows:
(1) In lieu of all other vehicle licensing fees, unless specifically exempt, and in addition to the excise tax prescribed in chapter 82.44 RCW and the mileage fees prescribed for buses and stages in RCW 46.16.125, there shall be paid and collected annually for each truck, motor truck, truck tractor, road tractor, tractor, bus, auto stage, or for hire vehicle with seating capacity of more than six, based upon the declared combined gross weight or declared gross weight thereof pursuant to the provisions of chapter 46.44 RCW, the following licensing fees by such gross weight:
DECLARED GROSS WEIGHT SCHEDULE A SCHEDULE B
4,000 lbs.. $ ((37.00)) $
((37.00))
74 74
6,000 lbs.. $ ((44.00)) $
((44.00))
88 88
8,000 lbs.. $ ((55.00)) $
((55.00))
110 110
10,000 lbs. $ ((62.00)) $ ((62.00))
124 124
12,000 lbs. $ ((72.00)) $ ((72.00))
144 144
14,000 lbs. $ ((82.00)) $ ((82.00))
164 164
16,000 lbs. $ ((92.00)) $ ((92.00))
184 184
18,000 lbs. $ ((137.00)) $ ((137.00))
274 274
20,000 lbs. $ ((152.00)) $ ((152.00))
304 304
22,000 lbs. $ ((164.00)) $ ((164.00))
328 328
24,000 lbs. $ ((177.00)) $ ((177.00))
354 354
26,000 lbs. $ ((187.00)) $ ((187.00))
374 374
28,000 lbs. $ ((220.00)) $ ((220.00))
440 440
30,000 lbs. $ ((253.00)) $ ((253.00))
506 506
32,000 lbs. $ ((304.00)) $ ((304.00))
608 608
34,000 lbs. $ ((323.00)) $ ((323.00))
646 646
36,000 lbs. $ ((350.00)) $ ((350.00))
700 700
38,000 lbs. $ ((384.00)) $ ((384.00))
768 768
40,000 lbs. $ ((439.00)) $ ((439.00))
878 878
42,000 lbs. $ ((456.00)) $ ((546.00))
912 1,092
44,000 lbs. $ ((466.00)) $ ((556.00))
932 1,112
46,000 lbs. $ ((501.00)) $ ((591.00))
1,002 1,182
48,000 lbs. $ ((522.00)) $ ((612.00))
1,044 1,224
50,000 lbs. $ ((566.00)) $ ((656.00))
1,132 1,312
52,000 lbs. $ ((595.00)) $ ((685.00))
1,190 1,370
54,000 lbs. $ ((642.00)) $ ((732.00))
1,284 1,464
56,000 lbs. $ ((677.00)) $ ((767.00))
1,354 1,534
58,000 lbs. $ ((704.00)) $ ((794.00))
1,408 1,588
60,000 lbs. $ ((750.00)) $ ((840.00))
1,500 1,680
62,000 lbs. $ ((804.00)) $ ((894.00))
1,608 1,788
64,000 lbs. $ ((822.00)) $ ((912.00))
1,644 1,824
66,000 lbs. $ ((915.00)) $ ((1,005.00))
1,830 2,010
68,000 lbs. $ ((954.00)) $ ((1,044.00))
1,908 2,088
70,000 lbs. $ ((1,027.00)) $ ((1,117.00))
2,054 2,234
72,000 lbs. $ ((1,098.00)) $ ((1,188.00))
2,196 2,376
74,000 lbs. $ ((1,193.00)) $ ((1,283.00))
2,386 2,566
76,000 lbs. $ ((1,289.00)) $ ((1,379.00))
2,578 2,758
78,000 lbs. $ ((1,407.00)) $ ((1,497.00))
2,814 2,994
80,000 lbs. $ ((1,518.00)) $ ((1,608.00))
3,036 3,216
82,000 lbs. $ ((1,623.00)) $ ((1,713.00))
3,264 3,426
84,000 lbs. $ ((1,728.00)) $ ((1,818.00))
3,456 3,636
86,000 lbs. $ ((1,833.00)) $ ((1,923.00))
3,666 3,846
88,000 lbs. $ ((1,938.00)) $ ((2,028.00))
3,876 4,056
90,000 lbs. $ ((2,043.00)) $ ((2,133.00))
4,086 4,266
92,000 lbs. $ ((2,148.00)) $ ((2,238.00))
4,296 4,476
94,000 lbs. $ ((2,253.00)) $ ((2,343.00))
4,506 4,686
96,000 lbs. $ ((2,358.00)) $ ((2,448.00))
4,716 4,896
98,000 lbs. $ ((2,463.00)) $ ((2,553.00))
4,926 5,106
100,000 lbs. $ ((2,568.00)) $ ((2,658.00))
5,138 5,316
102,000 lbs. $ ((2,673.00)) $ ((2,763.00))
5,346 5,526
104,000 lbs. $ ((2,778.00)) $
((2,868.00))
5,556 5,736
105,500 lbs. $ ((2,883.00)) $
((2,973.00))
5,766 5,946
Schedule A applies to vehicles either used exclusively for hauling logs or that do not tow trailers. Schedule B applies to vehicles that tow trailers and are not covered under Schedule A.
Every truck, motor truck, truck tractor, and tractor exceeding 6,000 pounds empty scale weight registered under chapter 46.16, 46.87, or 46.88 RCW shall be licensed for not less than one hundred fifty percent of its empty weight unless the amount would be in excess of the legal limits prescribed for such a vehicle in RCW 46.44.041 or 46.44.042, in which event the vehicle shall be licensed for the maximum weight authorized for such a vehicle or unless the vehicle is used only for the purpose of transporting any well drilling machine, air compressor, rock crusher, conveyor, hoist, donkey engine, cook house, tool house, bunk house, or similar machine or structure attached to or made a part of such vehicle.
The following provisions apply when increasing gross or combined gross weight for a vehicle licensed under this section:
(a) The new license fee will be one-twelfth of the fee listed above for the new gross weight, multiplied by the number of months remaining in the period for which licensing fees have been paid, including the month in which the new gross weight is effective.
(b) Upon surrender of the current certificate of registration or cab card, the new licensing fees due shall be reduced by the amount of the licensing fees previously paid for the same period for which new fees are being charged.
(2) The proceeds from the fees collected under subsection (1) of this section shall be distributed in accordance with RCW 46.68.035.
Sec. 6. RCW 46.44.0941 and 1995 c 171 s 2 are each amended to read as follows:
The following fees, in addition to the regular license and tonnage fees, shall be paid for all movements under special permit made upon state highways. All funds collected, except the amount retained by authorized agents of the department as provided in RCW 46.44.096, shall be forwarded to the state treasury and shall be deposited in the motor vehicle fund:
All overlegal loads, except overweight, single
trip................................................. $ 10.00
Continuous operation of overlegal loads
having either overwidth or overheight
features only, for a period not to exceed
thirty days.......................................... $ 20.00
Continuous operations of overlegal loads
having overlength features only, for a
period not to exceed thirty days..................... $ 10.00
Continuous operation of a combination of
vehicles having one trailing unit that
exceeds fifty-three feet and is not
more than fifty-six feet in length, for
a period of one year................................. $ 100.00
Continuous operation of a combination of
vehicles having two trailing units
which together exceed sixty-one feet and
are not more than sixty-eight feet in
length, for a period of one year..................... $ 100.00
Continuous operation of a three-axle fixed
load vehicle having less than 65,000
pounds gross weight, for a period not
to
exceed thirty days............................ $ ((70.00))
140.00
Continuous operation of a four-axle fixed load
vehicle meeting the requirements of
RCW 46.44.091(1) and weighing less than
86,000 pounds gross weight, not to exceed
thirty days.......................................... $ 90.00
Continuous movement of a mobile home or manufactured home
having nonreducible features not to
exceed eighty-five feet in total length and
fourteen feet in width, for a period of
one year............................................. $ 150.00
Continuous operation of a two or three-axle
collection truck, actually engaged in the
collection of solid waste or recyclables,
or both, under chapter 81.77 or 35.21 RCW
or by contract under RCW 36.58.090, for
one year with an additional six thousand
pounds more than the weight authorized in
RCW 46.16.070 on the rear axle of a two-axle
truck or eight thousand pounds for the tandem
axles of a three-axle truck. RCW 46.44.041
and 46.44.091 notwithstanding, the tire limits
specified in RCW 46.44.042 apply, but none of
the excess weight is valid or may be permitted
on any part of the federal interstate highway
system........................................... $
((42.00))
84.00
per thousand pounds
The department may issue any of the above-listed permits that involve height, length, or width for an expanded period of consecutive months, not to exceed one year.
Continuous operation of farm implements under a permit issued as authorized by RCW 46.44.140 by:
(1) Farmers in the course of farming activities,
for any three-month period........................... $ 10.00
(2) Farmers in the course of farming activities,
for a period not to exceed one year.................. $ 25.00
(3) Persons engaged in the business of the
sale, repair, or maintenance of such
farm implements, for any three-month period.......... $ 25.00
(4) Persons engaged in the business of the
sale, repair, or maintenance of such
farm implements, for a period not to
exceed one year...................................... $ 100.00
Overweight Fee Schedule
Excess weight over legal capacity, Cost per mile.
as provided in RCW 46.44.041.
0........................................ -
9,999 pounds $ ((.07)) .14
10,000................................... -14,999
pounds $ ((.14)) .28
15,000................................... -19,999
pounds $ ((.21)) .42
20,000................................... -24,999
pounds $ ((.28)) .56
25,000................................... -29,999
pounds $ ((.35)) .70
30,000................................... -34,999
pounds $ ((.49)) .98
35,000................................... -39,999
pounds $ ((.63)) 1.26
40,000................................... -44,999
pounds $ ((.79)) 1.58
45,000................................... -49,999
pounds $ ((.93)) 1.86
50,000 -54,999
pounds $((1.14)) 2.28
55,000 -59,999
pounds $((1.35)) 2.70
60,000 -64,999
pounds $((1.56)) 3.12
65,000 -69,999
pounds $((1.77)) 3.54
70,000 -74,999
pounds $((2.12)) 4.24
75,000 -79,999
pounds $((2.47)) 4.94
80,000 -84,999
pounds $((2.82)) 5.64
85,000 -89,999
pounds $((3.17)) 6.34
90,000 -94,999
pounds $((3.52)) 7.04
95,000 -99,999
pounds $((3.87)) 7.74
100,000
pounds........................... $((4.25)) 8.50
The fee
for weights in excess of 100,000 pounds is $((4.25)) 8.50 plus
fifty cents for each 5,000 pound increment or portion thereof exceeding 100,000
pounds.
PROVIDED:
(a) The minimum fee for any overweight permit shall be $((14.00)) 28.00,
(b) the fee for issuance of a duplicate permit shall be $((14.00)) 28.00,
(c) when computing overweight fees prescribed in this section or in RCW
46.44.095 that result in an amount less than even dollars the fee shall be
carried to the next full dollar if fifty cents or over and shall be reduced to
the next full dollar if forty-nine cents or under.
The fees levied in this section and RCW 46.44.095 do not apply to vehicles owned and operated by the state of Washington, a county within the state, a city or town or metropolitan municipal corporation within the state, or the federal government.
Sec. 7. RCW 46.44.095 and 1993 c 102 s 5 are each amended to read as follows:
When
a combination of vehicles has been licensed to a total gross weight of 80,000 pounds
or when a three or more axle single unit vehicle has been licensed to a total
gross weight of 40,000 pounds, a temporary additional tonnage permit to haul
loads in excess of these limits may be issued. This permit is valid for
periods of not less than five days at ((two)) five dollars and ((eighty))
sixty cents per day for each two thousand pounds or fraction thereof.
The fee may not be prorated. The permits shall authorize the movement of loads
not exceeding the weight limits set forth in RCW 46.44.041 and 46.44.042.
NEW SECTION. Sec. 8. The department of transportation, in cooperation with the department of licensing and the department of revenue shall conduct a vehicle cost allocation study examining the feasibility of recovering pavement damage costs through the establishment of a weight-distance tax based on the weight of the vehicle and the distance traveled each year in this state. Periodic reports shall be submitted to the legislative transportation committee and the house and senate standing committees on transportation. A final report and recommendations are due July 1, 1997."
SB 6406 - S AMD - 139
By Senator Sutherland
On page 1, line 1 of the title, after "regulation;" strike the remainder of the title and insert "amending RCW 46.44.096, 46.44.105, 10.82.070, 46.16.070, 46.44.0941, and 46.44.095; reenacting and amending RCW 3.62.020; creating a new section; and prescribing penalties."
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