BILL REQ. #:  S-0911.4 

Read first time 01/31/2003.   Referred to Committee on Highways & Transportation.

     AN ACT Relating to authorized single-occupant vehicles in high-occupancy vehicle lanes; amending RCW 46.01.140, 46.61.165, 47.52.025, and 81.100.020; adding a new section to chapter 46.04 RCW; adding a new section to chapter 46.16 RCW; and adding a new section to chapter 81.100 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 46.04 RCW to read as follows:
     "Authorized single-occupant vehicle" means a vehicle displaying a decal, label, or other identifier issued under section 2 of this act.

NEW SECTION.  Sec. 2   A new section is added to chapter 46.16 RCW to read as follows:
     (1) The department shall issue annually, at the time of vehicle registration or renewal, optional permits in the form of a decal, label, or other identifier that will entitle the operator of the vehicle to use special lanes as specified in RCW 46.61.165 and 47.52.025, regardless of the number of occupants.
     (2) The optional permit will be issued upon payment of a fee of five hundred dollars, to be deposited in the motor vehicle account.
     (3) The department shall design the decal, label, or other identifier, and shall determine its placement on authorized single-occupant vehicles, in conjunction with the Washington state patrol. The decal, label, or other identifier must be developed so that its removal from a vehicle cannot be accomplished without defacing or destroying the label in whole or in part.
     (4) The authorized single-occupant vehicle permit may be purchased at a time not coinciding with vehicle registration or renewal. In such case, the new authorized single-occupant vehicle permit fee will be one-twelfth of the fee listed in subsection (2) of this section multiplied by the number of months remaining in the period for which licensing fees have been paid, including the month in which the new permit is effective.
     (5) The department or the department's agent or subagent appointed under chapter 46.01 RCW may issue the optional permit described in this section and collect the fee specified in RCW 46.01.140(4)(f).

Sec. 3   RCW 46.01.140 and 2001 c 331 s 1 are each amended to read as follows:
     (1) The county auditor, if appointed by the director of licensing, shall carry out the provisions of this title relating to: (a) The licensing of vehicles ((and)); (b) the issuance of vehicle license number plates; and (c) the authorized single-occupant vehicle permit, under the direction and supervision of the director and may with the approval of the director appoint assistants as special deputies and recommend subagents to: (i) Accept applications and collect fees for vehicle licenses ((and)), transfers, and the authorized single occupant vehicle permit; and ((to)) (ii) deliver vehicle license number plates.
     (2) A county auditor appointed by the director may request that the director appoint subagencies within the county.
     (a) Upon authorization of the director, the auditor shall use an open competitive process including, but not limited to, a written business proposal and oral interview to determine the qualifications of all interested applicants.
     (b) A subagent may recommend a successor who is either the subagent's sibling, spouse, or child, or a subagency employee, as long as the recommended successor participates in the open, competitive process used to select an applicant. In making successor recommendation and appointment determinations, the following provisions apply:
     (i) If a subagency is held by a partnership or corporate entity, the nomination must be submitted on behalf of, and agreed to by, all partners or corporate officers.
     (ii) No subagent may receive any direct or indirect compensation or remuneration from any party or entity in recognition of a successor nomination. A subagent may not receive any financial benefit from the transfer or termination of an appointment.
     (iii) (a) and (b) of this subsection are intended to assist in the efficient transfer of appointments in order to minimize public inconvenience. They do not create a proprietary or property interest in the appointment.
     (c) The auditor shall submit all proposals to the director, and shall recommend the appointment of one or more subagents who have applied through the open competitive process. The auditor shall include in his or her recommendation to the director, not only the name of the successor who is a relative or employee, if applicable and if otherwise qualified, but also the name of one other applicant who is qualified and was chosen through the open competitive process. The director has final appointment authority.
     (3)(a) A county auditor who is appointed as an agent by the department shall enter into a standard contract provided by the director, developed with the advice of the title and registration advisory committee.
     (b) A subagent appointed under subsection (2) of this section shall enter into a standard contract with the county auditor, developed with the advice of the title and registration advisory committee. The director shall provide the standard contract to county auditors.
     (c) The contracts provided for in (a) and (b) of this subsection must contain at a minimum provisions that:
     (i) Describe the responsibilities, and where applicable, the liability, of each party relating to the service expectations and levels, equipment to be supplied by the department, and equipment maintenance;
     (ii) Require the specific type of insurance or bonds so that the state is protected against any loss of collected motor vehicle tax revenues or loss of equipment;
     (iii) Specify the amount of training that will be provided by the state, the county auditor, or subagents;
     (iv) Describe allowable costs that may be charged to vehicle licensing activities as provided for in (d) of this subsection;
     (v) Describe the causes and procedures for termination of the contract, which may include mediation and binding arbitration.
     (d) The department shall develop procedures that will standardize and prescribe allowable costs that may be assigned to vehicle licensing and vessel registration and title activities performed by county auditors.
     (e) The contracts may include any provision that the director deems necessary to ensure acceptable service and the full collection of vehicle and vessel tax revenues.
     (f) The director may waive any provisions of the contract deemed necessary in order to ensure that readily accessible service is provided to the citizens of the state.
     (4)(a) At any time any application is made to the director, the county auditor, or other agent pursuant to any law dealing with licenses, registration, or the right to operate any vehicle or vessel upon the public highways or waters of this state, excluding applicants already paying such fee under RCW 46.16.070 or 46.16.085, the applicant shall pay to the director, county auditor, or other agent a fee of three dollars for each application in addition to any other fees required by law.
     (b) Counties that do not cover the expenses of vehicle licensing and vessel registration and title activities may submit to the department a request for cost-coverage moneys. The request must be submitted on a form developed by the department. The department shall develop procedures to verify whether a request is reasonable. Payment shall be made on requests found to be allowable from the licensing services account.
     (c) Applicants for certificates of ownership, including applicants paying fees under RCW 46.16.070 or 46.16.085, shall pay to the director, county auditor, or other agent a fee of four dollars in addition to any other fees required by law.
     (d) The fees under (a) and (c) of this subsection, if paid to the county auditor as agent of the director, or if paid to a subagent of the county auditor, shall be paid to the county treasurer in the same manner as other fees collected by the county auditor and credited to the county current expense fund. If the fee is paid to another agent of the director, the fee shall be used by the agent to defray his or her expenses in handling the application.
     (e) Applicants required to pay the three-dollar fee established under (a) of this subsection, must pay an additional fifty cents, which must be collected and remitted to the state treasurer for deposit into the department of licensing services account of the motor vehicle fund. Revenue deposited into this account must be used for agent and subagent support, which is to include but not be limited to the replacement of department-owned equipment in the possession of agents and subagents.
     (f) The applicant shall pay to the director, county auditor, or other agent a fee of five dollars for each authorized single-occupant vehicle permit application in addition to any other fees required by law.
     (5) A subagent shall collect a service fee of (a) eight dollars and fifty cents for changes in a certificate of ownership, with or without registration renewal, or verification of record and preparation of an affidavit of lost title other than at the time of the title application or transfer and (b) three dollars and fifty cents for registration renewal only, issuing a transit permit, or any other service under this section.
     (6) If the fee is collected by the state patrol as agent for the director, the fee so collected shall be certified to the state treasurer and deposited to the credit of the state patrol highway account. If the fee is collected by the department of transportation as agent for the director, the fee shall be certified to the state treasurer and deposited to the credit of the motor vehicle fund. All such fees collected by the director or branches of his office shall be certified to the state treasurer and deposited to the credit of the highway safety fund.
     (7) Any county revenues that exceed the cost of providing vehicle licensing and vessel registration and title activities in a county, calculated in accordance with the procedures in subsection (3)(d) of this section, shall be expended as determined by the county legislative authority during the process established by law for adoption of county budgets.
     (8) The director may adopt rules to implement this section.

Sec. 4   RCW 46.61.165 and 1999 c 206 s 1 are each amended to read as follows:
     (1) The state department of transportation and the local authorities are authorized to reserve all or any portion of any highway under their respective jurisdictions, including any designated lane or ramp, for the exclusive or preferential use of the following vehicles when the limitation will increase the efficient use of the highway or will aid in the conservation of energy resources: (a) Public transportation vehicles ((or)); (b) private motor vehicles carrying no fewer than a specified number of passengers ((when such limitation will increase the efficient utilization of the highway or will aid in the conservation of energy resources)); or (c) authorized single-occupant vehicles.
     (2) Regulations authorizing such exclusive or preferential use of a highway facility may be declared to be effective at all times or at specified times of day or on specified days. Violation of a restriction of highway usage prescribed by the appropriate authority under this section is a traffic infraction.

Sec. 5   RCW 47.52.025 and 1974 ex.s. c 133 s 1 are each amended to read as follows:
     (1) Highway authorities of the state, counties, and incorporated cities and towns, in addition to the specific powers granted in this chapter, shall also have, and may exercise, relative to limited access facilities, any and all additional authority, now or hereafter vested in them relative to highways or streets within their respective jurisdictions, and may regulate, restrict, or prohibit the use of such limited access facilities by various classes of vehicles or traffic. Such highway authorities may reserve any limited access facility or portions thereof, including designated lanes or ramps for the exclusive or preferential use of the following vehicles when the limitation will increase the efficient use of the highway facility or will aid in the conservation of energy resources: (a) Public transportation vehicles((,)); (b) privately owned buses((, or)); (c) private motor vehicles carrying not less than a specified number of passengers ((when such limitation will increase the efficient utilization of the highway facility or will aid in the conservation of energy resources)); or (d) authorized single-occupant vehicles as defined in section 1 of this act.
     (2) Regulations authorizing such exclusive or preferential use of a highway facility may be declared to be effective at all time or at specified times of day or on specified days.

Sec. 6   RCW 81.100.020 and 1990 c 43 s 13 are each amended to read as follows:
     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.
     (1) "Transit agency" means a city that operates a transit system, a public transportation benefit area, a county transportation authority, or a metropolitan municipal corporation.
     (2) The "high-occupancy vehicle system" includes high-occupancy vehicle lanes, related high-occupancy vehicle facilities, and high- occupancy vehicle programs.
     (3) "High-occupancy vehicle lanes" mean lanes reserved for: (a) Public transportation vehicles ((only or public transportation vehicles and)), (b) authorized single-occupant vehicles as defined in section 1 of this act, or (c) private vehicles carrying no fewer than a specified number of passengers under RCW 46.61.165 or 47.52.025.
     (4) "Related facilities" means park and ride lots, park and pool lots, ramps, bypasses, turnouts, signal preemption, and other improvements designed to maximize use of the high-occupancy vehicle system.
     (5) "High-occupancy vehicle program" means advertising the high- occupancy vehicle system, promoting carpool, vanpool, and transit use, providing vanpool vehicles, and enforcement of driving restrictions governing high-occupancy vehicle lanes.

NEW SECTION.  Sec. 7   A new section is added to chapter 81.100 RCW to read as follows:
     The department of transportation shall work with the federal government to obtain waivers, if necessary, to implement this act.