S‑0481.1   _____________________________________________

SENATE BILL 5274

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators Gardner, Haugen and McCaslin

Read first time 01/17/2001.  Referred to Committee on Transportation.

_1      AN ACT Relating to motor vehicle licensing subagents; and

_2  amending RCW 46.01.140.

_3  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_4      Sec. 1.  RCW 46.01.140 and 1996 c 315 s 1 are each amended to read

_5  as follows:

_6      (1) The county auditor, if appointed by the director of

_7  licensing shall carry out the provisions of this title relating to

_8  the licensing of vehicles and the issuance of vehicle license

_9  number plates under the direction and supervision of the director

10  and may with the approval of the director appoint assistants as

11  special deputies and recommend subagents to accept applications

12  and collect fees for vehicle licenses and transfers and to deliver

13  vehicle license number plates.

14      (2) A county auditor appointed by the director may request that

15  the director appoint subagencies within the county.  Upon

16  authorization of the director, the auditor shall ((advertise a

17  request for proposals and use the process for soliciting vendors

18  under RCW 39.04.190(2), except that the provision requiring the

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_1  contract to be awarded to the lowest responsible bidder shall not

_2  apply)) use an open competitive process including, but not limited

_3  to, a written business proposal and oral interview to determine

_4  the qualifications of all interested applicants.  The auditor shall

_5  submit all proposals to the director, and shall recommend the

_6  appointment of one or more subagents who have applied through the

_7  ((request for proposal)) open competitive process.  The director has

_8  final appointment authority.

_9      (3)(a) A county auditor who is appointed as an agent by the

10  department shall enter into a standard contract provided by the

11  director, developed with the advice of the title and registration

12  advisory committee.

13      (b) A subagent appointed under subsection (2) of this section

14  shall enter into a standard contract with the county auditor,

15  developed with the advice of the title and registration advisory

16  committee.  The director shall provide the standard contract to

17  county auditors.

18      (c) The contracts provided for in (a) and (b) of this

19  subsection must contain at a minimum provisions that:

20      (i) Describe the responsibilities, and where applicable, the

21  liability, of each party relating to the service expectations and

22  levels, equipment to be supplied by the department, and equipment

23  maintenance;

24      (ii) Require the specific type of insurance or bonds so that

25  the state is protected against any loss of collected motor vehicle

26  tax revenues or loss of equipment;

27      (iii) Specify the amount of training that will be provided by

28  the state, the county auditor, or subagents;

29      (iv) Describe allowable costs that may be charged to vehicle

30  licensing activities as provided for in (d) of this subsection;

31      (v) Describe the causes and procedures for termination of the

32  contract, which may include mediation and binding arbitration.

33      (d) The department shall develop procedures that will

34  standardize and prescribe allowable costs that may be assigned to

35  vehicle licensing and vessel registration and title activities

36  performed by county auditors.

37      (e) The contracts may include any provision that the director

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_1  deems necessary to ensure acceptable service and the full

_2  collection of vehicle and vessel tax revenues.

_3      (f) The director may waive any provisions of the contract

_4  deemed necessary in order to ensure that readily accessible

_5  service is provided to the citizens of the state.

_6      (4)(a) At any time any application is made to the director, the

_7  county auditor, or other agent pursuant to any law dealing with

_8  licenses, registration, or the right to operate any vehicle or

_9  vessel upon the public highways or waters of this state, excluding

10  applicants already paying such fee under RCW 46.16.070 or

11  46.16.085, the applicant shall pay to the director, county

12  auditor, or other agent a fee of three dollars for each

13  application in addition to any other fees required by law.

14      (b) Counties that do not cover the expenses of vehicle

15  licensing and vessel registration and title activities may submit

16  to the department a request for cost-coverage moneys.  The request

17  must be submitted on a form developed by the department.  The

18  department shall develop procedures to verify whether a request is

19  reasonable.  Payment shall be made on requests found to be allowable

20  from the licensing services account.

21      (c) Applicants for certificates of ownership, including

22  applicants paying fees under RCW 46.16.070 or 46.16.085, shall pay

23  to the director, county auditor, or other agent a fee of four

24  dollars in addition to any other fees required by law.

25      (d) The fees under (a) and (c) of this subsection, if paid to

26  the county auditor as agent of the director, or if paid to a

27  subagent of the county auditor, shall be paid to the county

28  treasurer in the same manner as other fees collected by the county

29  auditor and credited to the county current expense fund.  If the fee

30  is paid to another agent of the director, the fee shall be used by

31  the agent to defray his or her expenses in handling the

32  application.

33      (5) A subagent shall collect a service fee of (a) seven dollars

34  and fifty cents for changes in a certificate of ownership, with or

35  without registration renewal, or verification of record and

36  preparation of an affidavit of lost title other than at the time

37  of the title application or transfer and (b) three dollars for

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_1  registration renewal only, issuing a transit permit, or any other

_2  service under this section.

_3      (6) If the fee is collected by the state patrol as agent for

_4  the director, the fee so collected shall be certified to the state

_5  treasurer and deposited to the credit of the state patrol highway

_6  account.  If the fee is collected by the department of

_7  transportation as agent for the director, the fee shall be

_8  certified to the state treasurer and deposited to the credit of

_9  the motor vehicle fund.  All such fees collected by the director or

10  branches of his office shall be certified to the state treasurer

11  and deposited to the credit of the highway safety fund.

12      (7) Any county revenues that exceed the cost of providing

13  vehicle licensing and vessel registration and title activities in

14  a county, calculated in accordance with the procedures in

15  subsection (3)(d) of this section, shall be expended as determined

16  by the county legislative authority during the process established

17  by law for adoption of county budgets.

18      (8) The director may adopt rules to implement this section.

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