AN ACT Relating to
refunds of overpayments of license fees and motor vehicle excise taxes;
amending RCW 46.68.010 and 88.02.055; reenacting and amending RCW 46.63.020;
and prescribing penalties.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 46.68.010 and 1993 c
307 s 2 are each amended to read as follows:
Whenever any license
fee, paid under the provisions of this title, has been erroneously paid, either
wholly or in part, the payor is entitled to have refunded the amount so
erroneously paid. A ((renewal)) license fee ((paid prior to the
actual expiration date of the license being renewed shall be deemed to be
erroneously paid if the vehicle for which the renewal license was purchased is
destroyed or permanently removed from the state prior to)) is refundable
in one or more of the following circumstances: (1) If the vehicle for which
the renewal license was purchased was destroyed before the beginning date
of the registration period for which the renewal fee was paid; (2) if the
vehicle for which the renewal license was purchased was permanently removed from
the state before the beginning date of the registration period for which the
renewal fee was paid; (3) if the vehicle license was purchased after the owner
has sold the vehicle; or (4) if the vehicle is currently licensed in Washington
and is subsequently licensed in another jurisdiction, in which case any full
months of Washington fees between the date of license application in the other
jurisdiction and the expiration of the Washington license are refundable.
Upon such refund being certified to the state treasurer by the director as
correct and being claimed in the time required by law the state treasurer shall
mail or deliver the amount of each refund to the person entitled thereto. No
claim for refund shall be allowed for such erroneous payments unless filed with
the director within three years after such claimed erroneous payment was made.
If due to error a
person has been required to pay a vehicle license fee under this title and an
excise tax under Title 82 RCW that amounts to an overpayment of ten dollars or
more, that person shall be entitled to a refund of the entire amount of the
overpayment, regardless of whether a refund of the overpayment has been
requested. If due to error the department or its agent has failed to collect
the full amount of the license fee and excise tax due and the underpayment is
in the amount of ten dollars or more, the department shall charge and collect
such additional amount as will constitute full payment of the tax and fees.
Any person who makes a
false statement under which he or she obtains a refund to which he or she is
not entitled under this section is guilty of a gross misdemeanor.
Sec. 2. RCW 88.02.055 and 1989 c
68 s 5 are each amended to read as follows:
Whenever any license fee
paid under this chapter has been erroneously paid, in whole or in part, the
person paying the fee, upon satisfactory proof to the director of licensing, is
entitled to a refund of the amount erroneously paid. A ((renewal))
license fee ((paid before the actual expiration date of the license being
renewed shall be deemed to be erroneously paid if the vessel for which the
renewal license is being purchased is destroyed or permanently removed from the
state)) is refundable in one or more of the following circumstances:
(1) If the vessel for which the renewal license was purchased was destroyed
before the beginning date of the registration period for which the renewal fee
((is being)) was paid; (2) if the vessel for which the renewal
license was purchased was permanently removed from the state before the
beginning date of the registration period for which the renewal fee was paid;
(3) if the vessel license was purchased after the owner has sold the vessel; or
(4) if the vessel is currently licensed in Washington and is subsequently
licensed in another jurisdiction, in which case any full months of Washington
fees between the date of license application in the other jurisdiction and the
expiration of the Washington license are refundable. Upon the refund being
certified as correct to the state treasurer by the director and being claimed
in the time required by law, the state treasurer shall mail or deliver the
amount of each refund to the person entitled to the refund. A claim for refund
shall not be allowed for erroneous payments unless the claim is filed with the
director within ((thirteen months)) three years after such
payment was made.
If due to error a
person has been required to pay a license fee under this chapter and excise tax
which amounts to an overpayment of ten dollars or more, such person shall be
entitled to a refund of the entire amount of such overpayment, regardless of
whether a refund of the overpayment has been requested. If due to error the
department or its agents has failed to collect the full amount of the license
fee and excise tax due, which underpayment is in the amount of ten dollars or
more, the department shall charge and collect such additional amount as will
constitute full payment of the tax and fees.
Any person who makes a
false statement under which he or she obtains a refund to which he or she is
not entitled under this section is guilty of a gross misdemeanor.
Sec. 3. RCW 46.63.020 and 1995
1st sp.s. c 16 s 1, 1995 c 332 s 16, and 1995 c 256 s 25 are each reenacted and
amended to read as follows:
Failure to perform any
act required or the performance of any act prohibited by this title or an
equivalent administrative regulation or local law, ordinance, regulation, or
resolution relating to traffic including parking, standing, stopping, and
pedestrian offenses, is designated as a traffic infraction and may not be
classified as a criminal offense, except for an offense contained in the
following provisions of this title or a violation of an equivalent
administrative regulation or local law, ordinance, regulation, or resolution:
(1) RCW 46.09.120(2)
relating to the operation of a nonhighway vehicle while under the influence of
intoxicating liquor or a controlled substance;
(2) RCW 46.09.130
relating to operation of nonhighway vehicles;
(3) RCW 46.10.090(2)
relating to the operation of a snowmobile while under the influence of
intoxicating liquor or narcotics or habit‑forming drugs or in a manner
endangering the person of another;
(4) RCW 46.10.130
relating to the operation of snowmobiles;
(5) Chapter 46.12 RCW
relating to certificates of ownership and registration and markings indicating
that a vehicle has been destroyed or declared a total loss;
(6) RCW 46.16.010
relating to initial registration of motor vehicles;
(7) RCW 46.16.011
relating to permitting unauthorized persons to drive;
(8) RCW 46.16.160
relating to vehicle trip permits;
(9) RCW 46.16.381 (6)
or (9) relating to unauthorized use or acquisition of a special placard or
license plate for disabled persons' parking;
(10) RCW 46.20.021
relating to driving without a valid driver's license;
(11) RCW 46.20.336
relating to the unlawful possession and use of a driver's license;
(12) RCW 46.20.342
relating to driving with a suspended or revoked license or status;
(13) RCW 46.20.410
relating to the violation of restrictions of an occupational driver's license;
(14) RCW 46.20.420
relating to the operation of a motor vehicle with a suspended or revoked
license;
(15) RCW 46.20.750
relating to assisting another person to start a vehicle equipped with an
ignition interlock device;
(16) RCW 46.25.170
relating to commercial driver's licenses;
(17) Chapter 46.29 RCW
relating to financial responsibility;
(18) RCW 46.30.040
relating to providing false evidence of financial responsibility;
(19) RCW 46.37.435
relating to wrongful installation of sunscreening material;
(20) RCW 46.44.180
relating to operation of mobile home pilot vehicles;
(21) RCW 46.48.175
relating to the transportation of dangerous articles;
(22) RCW 46.52.010
relating to duty on striking an unattended car or other property;
(23) RCW 46.52.020
relating to duty in case of injury to or death of a person or damage to an
attended vehicle;
(24) RCW 46.52.090
relating to reports by repairmen, storagemen, and appraisers;
(25) RCW 46.52.100
relating to driving under the influence of liquor or drugs;
(26) RCW 46.52.130
relating to confidentiality of the driving record to be furnished to an
insurance company, an employer, and an alcohol/drug assessment or treatment
agency;
(27) RCW 46.55.020
relating to engaging in the activities of a registered tow truck operator
without a registration certificate;
(28) RCW 46.55.035
relating to prohibited practices by tow truck operators;
(29) RCW 46.61.015
relating to obedience to police officers, flagmen, or fire fighters;
(30) RCW 46.61.020
relating to refusal to give information to or cooperate with an officer;
(31) RCW 46.61.022 relating
to failure to stop and give identification to an officer;
(32) RCW 46.61.024
relating to attempting to elude pursuing police vehicles;
(33) RCW 46.61.500
relating to reckless driving;
(34) RCW 46.61.502 and
46.61.504 relating to persons under the influence of intoxicating liquor or
drugs;
(35) RCW 46.61.---
(section ((5)) 2, chapter 332 (Substitute Senate Bill No. 5141),
Laws of 1995) relating to a person under age twenty-one driving a motor vehicle
after consuming alcohol;
(36) RCW 46.61.520
relating to vehicular homicide by motor vehicle;
(37) RCW 46.61.522
relating to vehicular assault;
(38) RCW 46.61.525
relating to negligent driving;
(39) RCW 46.61.527(4)
relating to reckless endangerment of roadway workers;
(40) RCW 46.61.530
relating to racing of vehicles on highways;
(41) RCW 46.61.685
relating to leaving children in an unattended vehicle with the motor running;
(42) RCW 46.64.010
relating to unlawful cancellation of or attempt to cancel a traffic citation;
(43) RCW 46.64.048
relating to attempting, aiding, abetting, coercing, and committing crimes;
(44) Chapter 46.65 RCW
relating to habitual traffic offenders;
(45) RCW 46.68.010
relating to false statements made to obtain a refund;
(46) Chapter
46.70 RCW relating to unfair motor vehicle business practices, except where
that chapter provides for the assessment of monetary penalties of a civil
nature;
(((46))) (47)
Chapter 46.72 RCW relating to the transportation of passengers in for hire
vehicles;
(((47))) (48)
Chapter 46.80 RCW relating to motor vehicle wreckers;
(((48))) (49)
Chapter 46.82 RCW relating to driver's training schools;
(((49))) (50)
RCW 46.87.260 relating to alteration or forgery of a cab card, letter of
authority, or other temporary authority issued under chapter 46.87 RCW;
(((50))) (51)
RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle
under chapter 46.87 RCW.
