AN ACT Relating to
vehicle and vessel fees; amending RCW 46.01.140, 46.01.320, and 88.02.070;
adding a new section to chapter 46.01 RCW; adding a new section to chapter
46.16 RCW; and providing effective dates.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
Sec. 1. RCW 46.01.140 and 1992 c
216 s 1 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 and vessel
registration and title 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 and vessel
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 or vessel upon the public highways or waters
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)) three 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 and vessel
registration and title 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)) four dollars in addition to any other fees required
by law.
(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.
(5) A subagent shall
collect a service fee of (a) ((five)) seven 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))
three dollars ((and twenty-five cents)) for registration renewal
only, issuing a transit permit, or any other service under this section.
(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 and
vessel registration and title 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 46.01.320 and 1992 c
216 s 3 are each amended 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.))
NEW SECTION. Sec.
3. A new section is added
to chapter 46.01 RCW to read as follows:
(1) The director shall
prepare, with the advice of the title and registration advisory committee, an
annual comprehensive analysis and evaluation of agent and subagent fees. The
director shall make recommendations for agent and subagent fee revisions approved
by the title and registration advisory committee to the legislative
transportation committee by January 1st of every third year starting with
1996. Fee revision recommendations may be made more frequently when justified
by the annual analysis and evaluation, and requested by the title and
registration advisory committee.
(2) The annual
comprehensive analysis and evaluation must consider, but is not limited to:
(a) Unique and
significant financial, legislative, or other relevant developments that may
impact fees;
(b) Current funding for
ongoing operating and maintenance automation project costs affecting revenue
collection and service delivery;
(c) Future system
requirements including an appropriate sharing of costs between the department,
agents, and subagents;
(d) Beneficial mix of
customer service delivery options based on a fee structure commensurate with
quality performance standards;
(e) Appropriate indices
projecting state and national growth in business and economic conditions
prepared by the United States department of commerce, the department of
revenue, and the revenue forecast council for the state of Washington.
NEW SECTION. Sec.
4. A new section is added
to chapter 46.16 RCW to read as follows:
(1) In addition to the
fees set forth in RCW 46.16.070, there shall be paid and collected annually
upon registration, a fee of one dollar for each truck, motor truck, truck
tractor, road tractor, tractor, bus, auto stage, or for hire vehicle with
seating capacity of more than six, notwithstanding the provisions of RCW
46.16.070.
(2) In addition to the
fees set forth in RCW 46.16.085, there shall be paid and collected annually
upon registration, a fee of one dollar for each trailer, semitrailer, and pole
trailer, notwithstanding the provisions of RCW 46.16.085.
(3) The proceeds from
the fees collected under subsections (1) and (2) of this section shall be
deposited into the highway safety fund, except that for each vehicle registered
by a county auditor or agent to a county auditor under RCW 46.01.140, the
proceeds shall be credited to the current county expense fund.
Sec. 5. RCW 88.02.070 and 1991 c
339 s 31 are each amended to read as follows:
(1) The department
shall provide for the issuance of vessel certificates of title. Applications
for certificates may be made through the agents appointed under RCW 88.02.040.
The fee for a vessel certificate of title is five dollars. Fees required
for licensing agents under RCW 46.01.140 are in addition to the vessel
certificate of title fee. Fees for vessel certificates of title shall be
deposited in the general fund. Security interests in vessels subject to the
requirements of this chapter and attaching after July 1, 1983, shall be
perfected only by indication upon the vessel's title certificate. The
provisions of chapters 46.12 and 46.16 RCW relating to motor vehicle
certificates of registration, titles, certificate issuance, ownership transfer,
and perfection of security interests, and other provisions which may be applied
to vessels subject to this chapter, may be so applied by rule of the department
if they are not inconsistent with this chapter.
(2) Whenever a vessel
is to be registered for the first time as required by this chapter, except for
a vessel having a valid marine document as a vessel of the United States,
application shall be made at the same time for a certificate of title. Any
person who purchases or otherwise obtains majority ownership of any vessel
subject to the provisions of this chapter, except for a vessel having a valid
marine document as a vessel of the United States, shall within fifteen days
thereof apply for a new certificate of title which shows the vessel's change of
ownership.
(3) Security interests
may be released or acted upon as provided by the law under which they arose or
were perfected. No new security interest or renewal or extension of an
existing security interest is affected except as provided under the terms of
this chapter and RCW 46.12.095.
(4) Notice shall be
given to the issuing authority by the owner indicated on the certificate of
registration within fifteen days of the occurrence of any of the following:
Any change of address of owner; destruction, loss, abandonment, theft, or recovery
of the vessel; or loss or destruction of a valid certificate of registration on
the vessel.
(5) Within five days,
excluding Saturdays, Sundays, and state and federal holidays, the owner shall
notify the department in writing, on the appropriate form, of the date of the
sale or transfer, the name and address of the owner and of the transferee, and
such description of the vessel, including the hull identification number, the
vessel decal number, or both, as may be required by the department.
NEW SECTION. Sec.
6. (1) Section 4 of this act
and the amendments to RCW 46.01.140(4) (a) and (c) by section 1 of this act
become effective on vehicle fees due or to become due on January 1, 1997, and
thereafter.
(2) Section 5 of this
act and the amendments to RCW 46.01.140(4) (a) and (c) by section 1 of this act
become effective on vessel fees due or to become due on July 1, 1997, and
thereafter.
(3) The
amendments to RCW 46.01.140(5) (a) and (b) by section 1 of this act become
effective on July 1, 1996.
