S-3429.1  _______________________________________________

 

                         SENATE BILL 6494

          _______________________________________________

 

State of Washington   57th Legislature        2002 Regular Session

 

By Senators Hochstatter, Haugen, Benton, Shin, Johnson, Gardner, Finkbeiner, Kastama, McDonald, Carlson, Swecker, Parlette, Stevens, Hewitt, Morton, Sheahan, Rasmussen, Winsley and Oke

 

Read first time 01/18/2002.  Referred to Committee on Transportation.

Establishing two-year vehicle licensing.


    AN ACT Relating to two-year vehicle licensing; amending RCW 46.16.006, 46.16.063, 46.16.065, 46.16.079, 46.16.085, 46.16.135, 46.16.160, 46.16.210, 46.16.220, 46.16.313, 46.16.505, 46.16.585, 46.16.670, and 81.104.160; and providing an effective date.

 

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

 

    Sec. 1.  RCW 46.16.006 and 1992 c 222 s 1 are each amended to read as follows:

    (1) The term "registration ((year)) period" for the purposes of chapter((s)) 46.16((, 82.44, and 82.50)) RCW means the effective period of a vehicle license issued by the department.  ((Such year)) The period commences at 12:01 a.m. on the date of the calendar year designated by the department and ends at 12:01 a.m. on the same date of the ((next)) second succeeding calendar year.  If a vehicle license previously issued in this state has expired and is renewed with a different registered owner, a new registration ((year)) period is deemed to commence upon the date the expired license is renewed in order that the renewed license be useable for a full ((twelve-month)) twenty-four-month period.

    (2) Each registration ((year)) period may be divided into ((twelve)) twenty-four registration months.  Each registration month commences on the day numerically corresponding to the day of the calendar month on which the registration ((year)) period begins, and terminates on the numerically corresponding day of the next succeeding calendar month.

    (3) Where the term "last day of the month" is used in chapter((s)) 46.16((, 82.44, and 82.50)) RCW in lieu of a specified day of any calendar month it means the last day of such calendar month or months irrespective of the numerical designation of that day.

    (4) If the final day of a registration ((year)) period or month falls on a Saturday, Sunday, or legal holiday, such period extends through the end of the next business day.

 

    Sec. 2.  RCW 46.16.063 and 1996 c 237 s 1 are each amended to read as follows:

    In addition to other fees for the licensing of vehicles there shall be paid and collected ((annually)) every two years for each camper, travel trailer, and motor home ((as the same are defined in RCW 82.50.010)) a fee of ((three)) six dollars to be deposited in the RV account of the motor vehicle fund.  Under RCW 43.135.055, the department of transportation may increase RV account fees by a percentage that exceeds the fiscal growth factor.  After consultation with citizen representatives of the recreational vehicle user community, the department of transportation may implement RV account fee adjustments no more than once every four years.  RV account fee adjustments must be preceded by evaluation of the following factors:  Maintenance of a self-supporting program, levels of service at existing RV sanitary disposal facilities, identified needs for improved RV service at safety rest areas state-wide, sewage treatment costs, and inflation.  If the department chooses to adjust the RV account fee, it shall notify the department of licensing six months before implementation of the fee increase.  Adjustments in the RV account fee must be in increments of no more than fifty cents per biennium.

 

    Sec. 3.  RCW 46.16.065 and 2001 c 64 s 4 are each amended to read as follows:

    In lieu of the fees provided in RCW 46.16.0621, private passenger car one or two-wheel trailers of two thousand pounds gross weight or less, may be licensed upon the payment of a license fee in the sum of ((four)) nine dollars ((and fifty cents)) or, if the vehicle was previously licensed in this state and has not been registered in another jurisdiction in the intervening period, a renewal license fee in the sum of ((three)) six dollars and ((twenty-five)) fifty cents, but only if such trailers are to be operated upon the public highway by the owners thereof.  It is the intention of the legislature that this reduced license shall be issued only as to trailers operated for personal use of the owners and not trailers held for rental to the public.

 

    Sec. 4.  RCW 46.16.079 and 1986 c 18 s 5 are each amended to read as follows:

    The licensee of any fixed load motor vehicle equipped for lifting or towing any disabled, impounded, or abandoned vehicle or part thereof, may pay a capacity fee of ((twenty-five)) fifty dollars in addition to all other fees required for the ((annual)) licensing of motor vehicles in lieu of the licensing fees provided in RCW 46.16.070.

 

    Sec. 5.  RCW 46.16.085 and 1991 c 163 s 3 are each amended to read as follows:

    In lieu of all other licensing fees, ((an annual)) a license fee of ((thirty-six)) seventy-two dollars shall be collected ((in addition to the excise tax prescribed in chapter 82.44 RCW)) for:  (1) Each trailer and semitrailer not subject to the license fee under RCW 46.16.065 or the capacity fees under RCW ((46.16.080)) 46.16.079; (2) every pole trailer.  The proceeds from this fee shall be distributed in accordance with RCW 46.68.035.  This section does not pertain to travel trailers or personal use trailers that are not used for commercial purposes or owned by commercial enterprises.

 

    Sec. 6.  RCW 46.16.135 and 1986 c 18 s 12 are each amended to read as follows:

    The annual vehicle licensing fees as provided in RCW 46.16.070 for any motor vehicle or combination of vehicles having a declared gross weight in excess of twelve thousand pounds may be paid for any full registration month or months at one-twelfth of the usual annual fee plus two dollars, this sum to be multiplied by the number of full months for which the fees are paid if for less than a full year.  An additional fee of two dollars shall be collected each time a license fee is paid.

    Operation of a vehicle licensed under the provisions of this section by any person upon the public highways after the expiration of the monthly license is a traffic infraction, and in addition the person shall be required to pay a license fee for the vehicle involved covering an entire registration ((year's)) period's operation, less the fees for any registration month or months of the registration ((year)) period already paid.  If, within five days, no license fee for a full registration ((year)) period has been paid as required aforesaid, the Washington state patrol, county sheriff, or city police shall impound such vehicle in such manner as may be directed for such cases by the chief of the Washington state patrol, until such requirement is met.

 

    Sec. 7.  RCW 46.16.160 and 1999 c 270 s 1 are each amended to read as follows:

    (1) The owner of a vehicle which under reciprocal relations with another jurisdiction would be required to obtain a license registration in this state or an unlicensed vehicle which would be required to obtain a license registration for operation on public highways of this state may, as an alternative to such license registration, secure and operate such vehicle under authority of a trip permit issued by this state in lieu of a Washington certificate of license registration, and licensed gross weight if applicable.  The licensed gross weight may not exceed eighty thousand pounds for a combination of vehicles nor forty thousand pounds for a single unit vehicle with three or more axles.  Trip permits may also be issued for movement of mobile homes pursuant to RCW 46.44.170.  For the purpose of this section, a vehicle is considered unlicensed if the licensed gross weight currently in effect for the vehicle or combination of vehicles is not adequate for the load being carried.  Vehicles registered under RCW 46.16.135 shall not be operated under authority of trip permits in lieu of further registration within the same registration ((year)) period.

    (2) Each trip permit shall authorize the operation of a single vehicle at the maximum legal weight limit for such vehicle for a period of three consecutive days commencing with the day of first use.  No more than three such permits may be used for any one vehicle in any period of thirty consecutive days, except that in the case of a recreational vehicle as defined in RCW 43.22.335, no more than two trip permits may be used for any one vehicle in a one-year period.  Every permit shall identify, as the department may require, the vehicle for which it is issued and shall be completed in its entirety and signed by the operator before operation of the vehicle on the public highways of this state.  Correction of data on the permit such as dates, license number, or vehicle identification number invalidates the permit.  The trip permit shall be displayed on the vehicle to which it is issued as prescribed by the department.

    (3) Vehicles operating under authority of trip permits are subject to all laws, rules, and regulations affecting the operation of like vehicles in this state.

    (4) Prorate operators operating commercial vehicles on trip permits in Washington shall retain the customer copy of such permit for four years.

    (5) Trip permits may be obtained from field offices of the department of transportation, Washington state patrol, department of licensing, or other agents appointed by the department.  For each permit issued, there shall be collected a filing fee as provided by RCW 46.01.140, an administrative fee of eight dollars, and an excise tax of one dollar.  If the filing fee amount of one dollar prescribed by RCW 46.01.140 is increased or decreased after January 1, 1981, the administrative fee shall be adjusted to compensate for such change to insure that the total amount collected for the filing fee, administrative fee, and excise tax remain at ten dollars.  These fees and taxes are in lieu of all other vehicle license fees and taxes.  No exchange, credits, or refunds may be given for trip permits after they have been purchased.

    (6) The department may appoint county auditors or businesses as agents for the purpose of selling trip permits to the public.  County auditors or businesses so appointed may retain the filing fee collected for each trip permit to defray expenses incurred in handling and selling the permits.

    (7) A violation of or a failure to comply with any provision of this section is a gross misdemeanor.

    (8) The department of licensing may adopt rules as it deems necessary to administer this section.

    (9) A surcharge of five dollars is imposed on the issuance of trip permits.  The portion of the surcharge paid by motor carriers must be deposited in the motor vehicle fund for the purpose of supporting vehicle weigh stations, weigh-in-motion programs, and the commercial vehicle information systems and networks program.  The remaining portion of the surcharge must be deposited in the motor vehicle fund for the purpose of supporting congestion relief programs.  All other administrative fees and excise taxes collected under the provisions of this chapter shall be forwarded by the department with proper identifying detailed report to the state treasurer who shall deposit the administrative fees to the credit of the motor vehicle fund and the excise taxes to the credit of the general fund.  Filing fees will be forwarded and reported to the state treasurer by the department as prescribed in RCW 46.01.140.

 

    Sec. 8.  RCW 46.16.210 and 2001 c 206 s 1 are each amended to read as follows:

    (1) Upon receipt of the application and proper fee for original vehicle license, the director shall make a recheck of the application and in the event that there is any error in the application it may be returned to the county auditor or other agent to effectively secure the correction of such error, who shall return the same corrected to the director.

    (2) Application for the renewal of a vehicle license shall be made to the director or his or her agents, including county auditors, by the registered owner on a form prescribed by the director.  The application must be accompanied by the payment of such license fees and excise tax as may be required by law.  Such application shall be handled in the same manner and the fees transmitted to the state treasurer in the same manner as in the case of an original application.  Any such application which upon validation becomes a renewal certificate need not have entered upon it the name of the lien holder, if any, of the vehicle concerned.

    (3) Persons expecting to be out of the state during the normal renewal period of a vehicle license may secure renewal of such vehicle license and have license plates or tabs preissued by making application to the director or his or her agents upon forms prescribed by the director.  The application must be accompanied by such license fees, and excise tax as may be required by law.

    (4) Application for the ((annual)) renewal of a vehicle license number plate to the director or the director's agents shall not be required for those vehicles owned, rented, or leased by the state of Washington, or by any county, city, town, school district, or other political subdivision of the state of Washington or a governing body of an Indian tribe located within this state and recognized as a governmental entity by the United States department of the interior.

 

    Sec. 9.  RCW 46.16.220 and 1997 c 241 s 9 are each amended to read as follows:

    Vehicle licenses and vehicle license number plates may be renewed for the subsequent registration ((year)) period up to eighteen months before the current expiration date and must be used and displayed from the date of issue or from the day of the expiration of the preceding registration ((year)) period, whichever date is later.

 

    Sec. 10.  RCW 46.16.313 and 1997 c 291 s 8 are each amended to read as follows:

    (1) The department may establish a fee for each type of special license plates issued under RCW 46.16.301(1) (a), (b), or (c), as existing before amendment by section 5, chapter 291, Laws of 1997, in an amount calculated to offset the cost of production of the special license plates and the administration of this program.  ((Until December 31, 1997, the fee shall not exceed thirty-five dollars, but effective with vehicle registrations due or to become due on January 1, 1998,)) The department may adjust the fee to no more than forty dollars.  This fee is in addition to all other fees required to register and license the vehicle for which the plates have been requested.  All such additional special license plate fees collected by the department shall be deposited in the state treasury and credited to the motor vehicle fund.

    (2) ((Until December 31, 1997, in addition to all fees and taxes required to be paid upon application, registration, and renewal registration of a motor vehicle, the holder of a collegiate license plate shall pay a fee of thirty dollars.  The department shall deduct an amount not to exceed two dollars of each fee collected under this subsection for administration and collection expenses incurred by it.  The remaining proceeds, minus the cost of plate production, shall be remitted to the custody of the state treasurer with a proper identifying detailed report.  The state treasurer shall credit the funds to the appropriate collegiate license plate fund as provided in RCW 28B.10.890.

    (3) Effective with vehicle registrations due or to become due on January 1, 1998,)) In addition to all fees and taxes required to be paid upon application and registration of a motor vehicle, the holder of a collegiate license plate shall pay an initial fee of forty dollars.  The department shall deduct an amount not to exceed twelve dollars of each fee collected under this subsection for administration and collection expenses incurred by it.  The remaining proceeds shall be remitted to the custody of the state treasurer with a proper identifying detailed report.  The state treasurer shall credit the funds to the appropriate collegiate license plate fund as provided in RCW 28B.10.890.

    (((4) Effective with annual renewals due or to become due on January 1, 1999,)) (3) In addition to all fees and taxes required to be paid upon renewal of a motor vehicle registration, the holder of a collegiate license plate shall pay a fee of ((thirty)) sixty dollars.  The department shall deduct an amount not to exceed ((two)) four dollars of each fee collected under this subsection for administration and collection expenses incurred by it.  The remaining proceeds shall be remitted to the custody of the state treasurer with a proper identifying detailed report.  The state treasurer shall credit the funds to the appropriate collegiate license plate fund as provided in RCW 28B.10.890.

    (((5))) (4) In addition to all fees and taxes required to be paid upon application and registration of a motor vehicle, the holder of a special baseball stadium license plate shall pay an initial fee of forty dollars.  The department shall deduct an amount not to exceed twelve dollars of each fee collected under this subsection for administration and collection expenses incurred by it.  The remaining proceeds, minus the cost of plate production, shall be distributed to a county for the purpose of paying the principal and interest payments on bonds issued by the county to construct a baseball stadium, as defined in RCW 82.14.0485, including reasonably necessary preconstruction costs, while the taxes are being collected under RCW 82.14.360.  After this date, the state treasurer shall credit the funds to the state general fund.

    (((6) Effective with annual renewals due or to become due on January 1, 1999,)) (5) In addition to all fees and taxes required to be paid upon renewal of a motor vehicle registration, the holder of a special baseball stadium license plate shall pay a fee of ((thirty)) sixty dollars.  The department shall deduct an amount not to exceed ((two)) four dollars of each fee collected under this subsection for administration and collection expenses incurred by it.  The remaining proceeds shall be distributed to a county for the purpose of paying the principal and interest payments on bonds issued by the county to construct a baseball stadium, as defined in RCW 82.14.0485, including reasonably necessary preconstruction costs, while the taxes are being collected under RCW 82.14.360.  After this date, the state treasurer shall credit the funds to the state general fund.

 

    Sec. 11.  RCW 46.16.505 and 1975 1st ex.s. c 118 s 11 are each amended to read as follows:

    It shall be unlawful for a person to operate any vehicle equipped with a camper over and along a public highway of this state without first having obtained and having in full force and effect a current and proper camper license and displaying a camper license number plate therefor as required by law:  PROVIDED, HOWEVER, That if a camper is part of the inventory of a manufacturer or dealer and is unoccupied at all times, and a dated demonstration permit, valid for no more than seventy-two hours is carried in the motor vehicle at all times it is operated by any such individual, such camper may be demonstrated if carried upon an appropriately licensed vehicle.

    Application for an original camper license shall be made on a form furnished for the purpose by the director.  Such application shall be made by the owner of the camper or his duly authorized agent over the signature of such owner or agent, and he shall certify that the statements therein are true and to the best of his knowledge.  The application must show:

    (1) Name and address of the owner of the camper;

    (2) Trade name of the camper, model, year, and the serial number thereof;

    (3) Such other information as the director requires.

    There shall be paid and collected ((annually for each registration)) every two years or fractional part thereof and upon each camper a license fee or, if the camper was previously licensed in this state and has not been registered in another jurisdiction in the intervening period, a renewal license fee.  Such license fee shall be in the sum of ((four)) nine dollars and ((ninety)) eighty cents, and such renewal license fee shall be in the sum of ((three)) seven dollars ((and fifty cents)).

    Except as otherwise provided for in this section, the provisions of chapter 46.16 RCW shall apply to campers in the same manner as they apply to vehicles.

 

    Sec. 12.  RCW 46.16.585 and 1979 ex.s. c 136 s 51 are each amended to read as follows:

    In addition to the regular registration fee, and any other fees and taxes required to be paid upon registration, the applicant shall be charged a fee of ((thirty)) sixty dollars.  In addition to the regular renewal fee, and in addition to any other fees and taxes required to be paid, the applicant for a renewal of such plates shall be charged an additional fee of ((twenty)) forty dollars:  PROVIDED, That any person who purchased personalized license plates containing three letters and three digits on or between the dates of August 9, 1971, and November 6, 1973, shall not be required to pay the additional ((annual)) renewal fee of ((twenty)) forty dollars commencing with the year 1976.  All personalized license plates must be renewed ((on an annual basis)) every two years, regardless of whether a vehicle on which they are displayed will not be driven on public highways or may also be eligible to display permanent license plates valid for the life of such vehicle without ((annual)) periodic renewal.  Personalized license plates that are not renewed must be surrendered to the department, and failure to do so is a traffic infraction.

 

    Sec. 13.  RCW 46.16.670 and 1991 c 302 s 3 are each amended to read as follows:

    In addition to any other fee required under this chapter, boat trailers shall ((annually)) pay a fee of ((three)) six dollars.  The proceeds of this fee shall be deposited in the freshwater aquatic weeds account under RCW 43.21A.650.

 

    Sec. 14.  RCW 81.104.160 and 1998 c 321 s 35 are each amended to read as follows:

    (1) Cities that operate transit systems, county transportation authorities, metropolitan municipal corporations, public transportation benefit areas, and regional transit authorities may submit an authorizing proposition to the voters, and if approved, may levy and collect an excise tax, at a rate approved by the voters, but not exceeding eighty one-hundredths of one percent on the value, ((under chapter 82.44 RCW,)) of every motor vehicle owned by a resident of the taxing district, solely for the purpose of providing high-capacity transportation service.  In any county imposing a motor vehicle excise tax surcharge pursuant to RCW 81.100.060, the maximum tax rate under this section shall be reduced to a rate equal to eighty one-hundredths of one percent on the value less the equivalent motor vehicle excise tax rate of the surcharge imposed pursuant to RCW 81.100.060.  This rate shall not apply to vehicles licensed under RCW 46.16.070 except vehicles with an unladen weight of six thousand pounds or less, RCW 46.16.079, 46.16.085, or 46.16.090.

    (2) An agency imposing a tax under subsection (1) of this section may also impose a sales and use tax solely for the purpose of providing high-capacity transportation service, in addition to the tax authorized by RCW 82.14.030, upon retail car rentals within the agency's jurisdiction that are taxable by the state under chapters 82.08 and 82.12 RCW.  The rate of tax shall not exceed 2.172 percent.  The rate of tax imposed under this subsection shall bear the same ratio to the 2.172 percent rate authorized that the rate imposed under subsection (1) of this section bears to the rate authorized under subsection (1) of this section.  The base of the tax shall be the selling price in the case of a sales tax or the rental value of the vehicle used in the case of a use tax.  The revenue collected under this subsection shall be used in the same manner as excise taxes under subsection (1) of this section.

 

    NEW SECTION.  Sec. 15.  This act takes effect January 1, 2003.

 


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