_______________________________________________
SENATE
BILL 5113
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Passed
Legislature - 1997 Regular Session
State of Washington 55th
Legislature 1997 Regular Session
By
Read first time 01/15/97.
Referred to Committee on Transportation.
Refunding
certain license fees.
AN
ACT Relating to license fees; and amending RCW 46.68.010 and 88.02.055.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
46.68.010 and 1996 c 31 s 1 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 license fee 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; or
(5) if the vehicle for which the renewal license was purchased is sold before
the beginning date of the registration period for which the renewal fee was
paid, and the payor returns the new, unused, never affixed license renewal tabs
to the department before the beginning of the registration period for which the
registration was purchased. Upon ((such)) the 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 1996 c 31 s 2 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 license
fee 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 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; or (5) if the vessel for which the renewal license
was purchased is sold before the beginning date of the registration period for
which the renewal fee was paid, and the payor returns the new, unused, never
affixed license renewal decal to the department before the beginning of the
registration period for which the registration was purchased. 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 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))
the person ((shall be)) is entitled to a refund of the
entire amount of ((such)) the 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)) the 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.
