BILL REQ. #:  S-2748.1 

Read first time 04/02/2003.   Referred to Committee on Highways & Transportation.

     AN ACT Relating to fees for vehicle-related businesses; and amending RCW 46.55.030, 46.70.061, 46.76.040, 46.76.050, 46.79.040, 46.79.050, 46.80.040, and 46.80.050.

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

Sec. 1   RCW 46.55.030 and 1989 c 111 s 3 are each amended to read as follows:
     (1) Application for licensing as a registered tow truck operator shall be made on forms furnished by the department, shall be accompanied by an inspection certification from the Washington state patrol, shall be signed by the applicant or an agent, and shall include the following information:
     (a) The name and address of the person, firm, partnership, association, or corporation under whose name the business is to be conducted;
     (b) The names and addresses of all persons having an interest in the business, or if the owner is a corporation, the names and addresses of the officers of the corporation;
     (c) The names and addresses of all employees who serve as tow truck drivers;
     (d) Proof of minimum insurance required by subsection (3) of this section;
     (e) The vehicle license and vehicle identification numbers of all tow trucks of which the applicant is the registered owner;
     (f) Any other information the department may require; and
     (g) A certificate of approval from the Washington state patrol certifying that:
     (i) The applicant has an established place of business and that mail is received at the address shown on the application;
     (ii) The address of any storage locations where vehicles may be stored is correctly stated on the application;
     (iii) The place of business has an office area that is accessible to the public without entering the storage area; and
     (iv) The place of business has adequate and secure storage facilities, as defined in this chapter and the rules of the department, where vehicles and their contents can be properly stored and protected.
     (2) Before issuing a registration certificate to an applicant the department shall require the applicant to file with the department a surety bond in the amount of five thousand dollars running to the state and executed by a surety company authorized to do business in this state. The bond shall be approved as to form by the attorney general and conditioned that the operator shall conduct his business in conformity with the provisions of this chapter pertaining to abandoned or unauthorized vehicles, and to compensate any person, company, or the state for failure to comply with this chapter or the rules adopted hereunder, or for fraud, negligence, or misrepresentation in the handling of these vehicles. Any person injured by the tow truck operator's failure to fully perform duties imposed by this chapter and the rules adopted hereunder, or an ordinance or resolution adopted by a city, town, or county is entitled to recover actual damages, including reasonable attorney's fees against the surety and the tow truck operator. Successive recoveries against the bond shall be permitted, but the aggregate liability of the surety to all persons shall not exceed the amount of the bond. As a condition of authority to do business, the operator shall keep the bond in full force and effect. Failure to maintain the penalty value of the bond or cancellation of the bond by the surety automatically cancels the operator's registration.
     (3) Before the department may issue a registration certificate to an applicant, the applicant shall provide proof of minimum insurance requirements of:
     (a) One hundred thousand dollars for liability for bodily injury or property damage per occurrence; and
     (b) Fifty thousand dollars of legal liability per occurrence, to protect against vehicle damage, including but not limited to fire and theft, from the time a vehicle comes into the custody of an operator until it is redeemed or sold.
Cancellation of or failure to maintain the insurance required by (a) and (b) of this subsection automatically cancels the operator's registration.
     (4) The fee for each original registration and annual renewal is ((one)) two hundred fifty dollars per company, plus fifty dollars per truck. The department shall forward the registration fee to the state treasurer for deposit in the motor vehicle fund.
     (5) The applicant must submit an inspection certificate from the state patrol before the department may issue or renew an operator's registration certificate or tow truck permits.
     (6) Upon approval of the application, the department shall issue a registration certificate to the registered operator to be displayed prominently at the operator's place of business.

Sec. 2   RCW 46.70.061 and 2002 c 352 s 23 are each amended to read as follows:
     (1) The annual fees for original licenses issued for twelve consecutive months from the date of issuance under this chapter shall be:
     (a) Vehicle dealers, principal place of business for each and every license classification: Seven hundred fifty dollars;
     (b) Vehicle dealers, each subagency, and temporary subagency: One hundred dollars;
     (c) Vehicle manufacturers: ((Five)) Seven hundred fifty dollars.
     (2) The annual fee for renewal of any license issued pursuant to this chapter shall be:
     (a) Vehicle dealers, principal place of business for each and every license classification: ((Two)) Five hundred ((fifty)) dollars;
     (b) Vehicle dealer, each and every subagency: ((Twenty-five)) Fifty dollars;
     (c) Vehicle manufacturers: Two hundred fifty dollars.
     If any licensee fails or neglects to apply for such renewal within thirty days after the expiration of the license, or assigned renewal date under a staggered licensing system, the license shall be declared canceled by the director, in which case the licensee will be required to apply for an original license and pay the fee required for the original license.
     (3)(a) The fee for the transfer to another location of any license classification issued pursuant to this chapter ((shall be twenty-five)) is one hundred dollars.
     (b) The fee for changing a vehicle dealer's name is one hundred dollars.
     (4) The fee for vehicle dealer license plates and manufacturer license plates shall be the amount required by law for vehicle license plates exclusive of excise tax and gross weight and tonnage fees.
     (5) All fees collected under this chapter shall be deposited in the state treasury and credited to the motor vehicle fund.
     (6) The fees prescribed in this section are in addition to any excise taxes imposed by chapter 82.44 RCW.

Sec. 3   RCW 46.76.040 and 1990 c 250 s 68 are each amended to read as follows:
     The fee for an original transporter's license is ((twenty-five)) one hundred dollars. Transporter license number plates bearing an appropriate symbol and serial number shall be attached to all vehicles being delivered in the conduct of the business licensed under this chapter. The plates may be obtained for a fee of two dollars for each set.

Sec. 4   RCW 46.76.050 and 1985 c 109 s 3 are each amended to read as follows:
     A transporter's license expires on the date assigned by the director, and may be renewed by filing a proper application and paying an annual fee of ((fifteen)) fifty dollars.

Sec. 5   RCW 46.79.040 and 1971 ex.s. c 110 s 4 are each amended to read as follows:
     Application for a hulk hauler's license, together with a fee of ((ten)) fifty dollars, or application for a scrap processor's license, together with a fee of twenty-five dollars, shall be forwarded to the director. Upon receipt of the application the director shall, if the application be in order, issue the license applied for authorizing him to do business as such and forward the fee, together with an itemized and detailed report, to the state treasurer, to be deposited in the motor vehicle fund. Upon receiving the certificate the owner shall cause it to be prominently displayed at the address shown in his application, where it may be inspected by an investigating officer at any time.

Sec. 6   RCW 46.79.050 and 1985 c 109 s 5 are each amended to read as follows:
     A license issued pursuant to this chapter expires on the date assigned by the director, and may be renewed by filing a proper application and payment of a fee of ((ten)) twenty-five dollars.
     Whenever a hulk hauler or scrap processor ceases to do business or the license has been suspended or revoked, the license shall immediately be surrendered to the director.

Sec. 7   RCW 46.80.040 and 1995 c 256 s 6 are each amended to read as follows:
     The application, together with a fee of ((twenty-five)) one hundred dollars, and a surety bond as provided in RCW 46.80.070, shall be forwarded to the department. Upon receipt of the application the department shall, if the application is in order, issue a vehicle wrecker's license authorizing the wrecker to do business as such and forward the fee to the state treasurer, to be deposited in the motor vehicle fund. Upon receiving the certificate the owner shall cause it to be prominently displayed in the place of business, where it may be inspected by an investigating officer at any time.

Sec. 8   RCW 46.80.050 and 1995 c 256 s 7 are each amended to read as follows:
     A license issued on this application remains in force until suspended or revoked and may be renewed annually upon reapplication according to RCW 46.80.030 and upon payment of a fee of ((ten)) fifty dollars. A vehicle wrecker who fails or neglects to renew the license before the assigned expiration date shall pay the fee for an original vehicle wrecker license as provided in this chapter.
     Whenever a vehicle wrecker ceases to do business as such or the license has been suspended or revoked, the wrecker shall immediately surrender the license to the department.