S‑0648.1 _____________________________________________
SENATE BILL 5432
_____________________________________________
State of Washington 57th Legislature 2001 Regular Session
By Senators Horn, T. Sheldon, Eide, Prentice, Shin and Oke
Read first time 01/23/2001. Referred to Committee on Transportation.
_1 AN ACT Relating to the transfer of appointment by subagents of
_2 the director of the department of licensing; and amending RCW
_3 46.01.140.
_4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
_5 Sec. 1. RCW 46.01.140 and 1996 c 315 s 1 are each amended to read
_6 as follows:
_7 (1) The county auditor, if appointed by the director of
_8 licensing shall carry out the provisions of this title relating to
_9 the licensing of vehicles and the issuance of vehicle license
10 number plates under the direction and supervision of the director
11 and may with the approval of the director appoint assistants as
12 special deputies and recommend subagents to accept applications
13 and collect fees for vehicle licenses and transfers and to deliver
14 vehicle license number plates.
15 (2) A county auditor appointed by the director may request that
16 the director appoint subagencies within the county.
17 (a) Upon authorization of the director, the auditor shall
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_1 advertise a request for proposals and use the process for
_2 soliciting vendors under RCW 39.04.190(2), except that:
_3 (i) The provision requiring the contract to be awarded to the
_4 lowest responsible bidder shall not apply; and
_5 (ii) A subagent may nominate a successor who is either the
_6 subagent's sibling, spouse, or child, or a subagency employee. The
_7 auditor shall recommend the appointment of the nominated successor
_8 unless the auditor finds that the nominee does not meet the
_9 eligibility requirements established in the policies and
10 procedures manual of the department of licensing. The department
11 shall adopt eligibility requirements in cooperation with the title
12 registration advisory committee.
13 (A) If a subagency is held by a partnership or corporate
14 entity, the nomination must be submitted on behalf of, and agreed
15 to by, all partners or corporate officers.
16 (B) No subagent may receive any direct or indirect compensation
17 or remuneration from any party or entity in recognition of a
18 successor nomination. A subagent may not receive any financial
19 benefit from the transfer or termination of an appointment.
20 (C) This subsection (2)(a)(ii) is intended to assist in the
21 efficient transfer of appointments in order to minimize public
22 inconvenience. It does not create any proprietary or property
23 interest in the appointment.
24 (b) The auditor shall submit all proposals to the director, and
25 shall recommend the appointment of one or more subagents who have
26 applied through the request for proposal process. The director has
27 final appointment authority.
28 (3)(a) A county auditor who is appointed as an agent by the
29 department shall enter into a standard contract provided by the
30 director, developed with the advice of the title and registration
31 advisory committee.
32 (b) A subagent appointed under subsection (2) of this section
33 shall enter into a standard contract with the county auditor,
34 developed with the advice of the title and registration advisory
35 committee. The director shall provide the standard contract to
36 county auditors.
37 (c) The contracts provided for in (a) and (b) of this
38 subsection must contain at a minimum provisions that:
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_1 (i) Describe the responsibilities, and where applicable, the
_2 liability, of each party relating to the service expectations and
_3 levels, equipment to be supplied by the department, and equipment
_4 maintenance;
_5 (ii) Require the specific type of insurance or bonds so that
_6 the state is protected against any loss of collected motor vehicle
_7 tax revenues or loss of equipment;
_8 (iii) Specify the amount of training that will be provided by
_9 the state, the county auditor, or subagents;
10 (iv) Describe allowable costs that may be charged to vehicle
11 licensing activities as provided for in (d) of this subsection;
12 (v) Describe the causes and procedures for termination of the
13 contract, which may include mediation and binding arbitration.
14 (d) The department shall develop procedures that will
15 standardize and prescribe allowable costs that may be assigned to
16 vehicle licensing and vessel registration and title activities
17 performed by county auditors.
18 (e) The contracts may include any provision that the director
19 deems necessary to ensure acceptable service and the full
20 collection of vehicle and vessel tax revenues.
21 (f) The director may waive any provisions of the contract
22 deemed necessary in order to ensure that readily accessible
23 service is provided to the citizens of the state.
24 (4)(a) At any time any application is made to the director, the
25 county auditor, or other agent pursuant to any law dealing with
26 licenses, registration, or the right to operate any vehicle or
27 vessel upon the public highways or waters of this state, excluding
28 applicants already paying such fee under RCW 46.16.070 or
29 46.16.085, the applicant shall pay to the director, county
30 auditor, or other agent a fee of three dollars for each
31 application in addition to any other fees required by law.
32 (b) Counties that do not cover the expenses of vehicle
33 licensing and vessel registration and title activities may submit
34 to the department a request for cost-coverage moneys. The request
35 must be submitted on a form developed by the department. The
36 department shall develop procedures to verify whether a request is
37 reasonable. Payment shall be made on requests found to be allowable
38 from the licensing services account.
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_1 (c) Applicants for certificates of ownership, including
_2 applicants paying fees under RCW 46.16.070 or 46.16.085, shall pay
_3 to the director, county auditor, or other agent a fee of four
_4 dollars in addition to any other fees required by law.
_5 (d) The fees under (a) and (c) of this subsection, if paid to
_6 the county auditor as agent of the director, or if paid to a
_7 subagent of the county auditor, shall be paid to the county
_8 treasurer in the same manner as other fees collected by the county
_9 auditor and credited to the county current expense fund. If the fee
10 is paid to another agent of the director, the fee shall be used by
11 the agent to defray his or her expenses in handling the
12 application.
13 (5) A subagent shall collect a service fee of (a) seven dollars
14 and fifty cents for changes in a certificate of ownership, with or
15 without registration renewal, or verification of record and
16 preparation of an affidavit of lost title other than at the time
17 of the title application or transfer and (b) three dollars for
18 registration renewal only, issuing a transit permit, or any other
19 service under this section.
20 (6) If the fee is collected by the state patrol as agent for
21 the director, the fee so collected shall be certified to the state
22 treasurer and deposited to the credit of the state patrol highway
23 account. If the fee is collected by the department of
24 transportation as agent for the director, the fee shall be
25 certified to the state treasurer and deposited to the credit of
26 the motor vehicle fund. All such fees collected by the director or
27 branches of his office shall be certified to the state treasurer
28 and deposited to the credit of the highway safety fund.
29 (7) Any county revenues that exceed the cost of providing
30 vehicle licensing and vessel registration and title activities in
31 a county, calculated in accordance with the procedures in
32 subsection (3)(d) of this section, shall be expended as determined
33 by the county legislative authority during the process established
34 by law for adoption of county budgets.
35 (8) The director may adopt rules to implement this section.
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