SB 6379 -
By Committee on Transportation
ADOPTED 03/02/2010
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 This act is intended to streamline and make
technical amendments to certain codified statutes that deal with
vehicle and vessel registration and title. Any statutory changes made
by this act should be interpreted as technical in nature and not be
interpreted to have any substantive policy or legal implications.
NEW SECTION. Sec. 101 A new section is added to chapter 46.04
RCW to read as follows:
"Affidavit of loss" means a written statement confirming that the
certificate of title, registration certificate, gross weight license,
validation tab, or decal has been lost, stolen, destroyed, or
mutilated. The statement must be in a form prescribed by the director.
NEW SECTION. Sec. 102 A new section is added to chapter 46.04
RCW to read as follows:
"Agent," for the purposes of entering into the standard contract
required under RCW 46.01.140(1), means any county auditor or other
individual, government, or business entity other than a subagent that
is appointed to carry out vehicle registration and certificate of title
functions for the department.
NEW SECTION. Sec. 103 A new section is added to chapter 46.04
RCW to read as follows:
"Amateur radio operator license plates" means special license
plates displaying amateur radio call letters assigned by the federal
communications commission.
NEW SECTION. Sec. 104 A new section is added to chapter 46.04
RCW to read as follows:
"Armed forces license plate collection" means the collection of six
separate license plate designs issued under section 612 of this act.
Each license plate design displays a symbol representing one of the
five branches of the armed forces, and one representing the national
guard.
NEW SECTION. Sec. 105 A new section is added to chapter 46.04
RCW to read as follows:
"Baseball stadium license plate" means special license plates
commemorating the construction of a baseball stadium as defined in RCW
82.14.0485.
NEW SECTION. Sec. 106 A new section is added to chapter 46.04
RCW to read as follows:
"Business day" means Monday through Friday and excludes Saturday,
Sunday, and state and federal holidays.
NEW SECTION. Sec. 107 A new section is added to chapter 46.04
RCW to read as follows:
"Cab and chassis" means an incomplete vehicle manufactured and sold
with only a cab, frame, and running gear.
Sec. 108 RCW 46.04.125 and 1996 c 225 s 2 are each amended to
read as follows:
"Collector" means the owner of one or more vehicles described in
((RCW 46.16.305(1))) section 617(1) of this act who collects,
purchases, acquires, trades, or disposes of the vehicle or parts of it,
for his or her personal use, in order to preserve, restore, and
maintain the vehicle for hobby or historical purposes.
NEW SECTION. Sec. 109 A new section is added to chapter 46.04
RCW to read as follows:
"Collector vehicle license plate" means a special license plate
that may be assigned to a vehicle that is more than thirty years old.
NEW SECTION. Sec. 110 A new section is added to chapter 46.04
RCW to read as follows:
"Commercial trailer" means a trailer that is principally used to
transport commodities, merchandise, produce, freight, or animals.
NEW SECTION. Sec. 111 A new section is added to chapter 46.04
RCW to read as follows:
"Confidential license plates" and "undercover license plates" mean
standard issue license plates assigned to vehicles owned or operated by
public agencies. These license plates are used as specifically
authorized under RCW 46.08.066.
NEW SECTION. Sec. 112 A new section is added to chapter 46.04
RCW to read as follows:
"Converter gear" means an auxiliary axle, booster axle, dolly, or
jeep axle.
NEW SECTION. Sec. 113 A new section is added to chapter 46.04
RCW to read as follows:
"Disabled American veteran license plates" means special license
plates issued to a veteran, as defined in RCW 41.04.007, who meets the
requirements provided in section 619 of this act.
NEW SECTION. Sec. 114 A new section is added to chapter 46.04
RCW to read as follows:
"Empty scale weight" means the weight of a vehicle as it stands
without a load.
NEW SECTION. Sec. 115 A new section is added to chapter 46.04
RCW to read as follows:
"Endangered wildlife license plates" means special license plates
that display a symbol or artwork symbolizing endangered wildlife in
Washington state.
NEW SECTION. Sec. 116 A new section is added to chapter 46.04
RCW to read as follows:
"Fixed load vehicle" means a commercial vehicle that has a
structure or machinery permanently attached such as, but not limited
to, an air compressor, a bunk house, a conveyor, a cook house, a donkey
engine, a hoist, a rock crusher, a tool house, or a well drilling
machine. Fixed load vehicles are not capable of carrying any
additional load other than the structure or machinery permanently
attached.
NEW SECTION. Sec. 117 A new section is added to chapter 46.04
RCW to read as follows:
"Former prisoner of war license plates" means special license
plates that may be issued to former prisoners of war as authorized
under section 619 of this act.
NEW SECTION. Sec. 118 A new section is added to chapter 46.04
RCW to read as follows:
"Gross vehicle weight rating" means the value specified by the
manufacturer as the maximum load weight of a single vehicle.
NEW SECTION. Sec. 119 A new section is added to chapter 46.04
RCW to read as follows:
"Helping kids speak license plates" means special license plates
that commemorate an organization that supports programs that provide
free diagnostic and therapeutic services to children who have a severe
delay in language or speech development.
NEW SECTION. Sec. 120 A new section is added to chapter 46.04
RCW to read as follows:
"Horseless carriage license plate" is a special license plate that
may be assigned to a vehicle that is more than forty years old.
NEW SECTION. Sec. 121 A new section is added to chapter 46.04
RCW to read as follows:
"Hybrid motor vehicle" means a motor vehicle that uses multiple
power sources or fuel types for propulsion and meets the federal
definition of a hybrid motor vehicle.
NEW SECTION. Sec. 122 A new section is added to chapter 46.04
RCW to read as follows:
"Light truck" means a motor vehicle manufactured as a truck with a
declared gross weight of twelve thousand pounds or less.
NEW SECTION. Sec. 123 A new section is added to chapter 46.04
RCW to read as follows:
"Market value threshold amount" means an amount set by rule by the
department that is used to determine, together with the age of the
vehicle, whether vehicle certificates of title for vehicles aged six
years through twenty years should be identified as having been
previously destroyed or reported as an insurance total loss.
NEW SECTION. Sec. 124 A new section is added to chapter 46.04
RCW to read as follows:
"Military affiliate radio system license plates" means special
license plates displaying official military affiliate radio system call
letters assigned by the United States department of defense.
NEW SECTION. Sec. 125 A new section is added to chapter 46.04
RCW to read as follows:
"Natural person" means a human being.
NEW SECTION. Sec. 126 A new section is added to chapter 46.04
RCW to read as follows:
"New motor vehicle" means any motor vehicle that (1) is
self-propelled and is required to be registered and titled under this
title, (2) has not been previously titled to a retail purchaser or
lessee, and (3) is not a used vehicle as defined under RCW 46.04.660.
NEW SECTION. Sec. 127 A new section is added to chapter 46.04
RCW to read as follows:
"Off-road vehicle" or "ORV" means a nonstreet registered vehicle
when used for recreational purposes on nonhighway roads, trails, or a
variety of other natural terrain. "Off-road vehicle" or "ORV"
includes, but is not limited to, all-terrain vehicles, motorcycles,
four-wheel drive vehicles, and dune buggies.
NEW SECTION. Sec. 128 A new section is added to chapter 46.04
RCW to read as follows:
"ORV registration" means a registration certificate or decal issued
under the laws of this state pertaining to the registration of off-road
vehicles under chapter 46.09 RCW.
NEW SECTION. Sec. 129 A new section is added to chapter 46.04
RCW to read as follows:
"Ownership in doubt" means that a vehicle or vessel owner is unable
to obtain satisfactory evidence of ownership or releases of interest
and is permitted to apply for a three-year registration period without
a certificate of title or a three-year period with a bond covering the
certificate of title.
Sec. 130 RCW 46.04.3815 and 1996 c 225 s 3 are each amended to
read as follows:
"Parts car" means a motor vehicle that is owned by a collector to
furnish parts for restoration or maintenance of a vehicle described in
((RCW 46.16.305(1))) section 617(1) of this act, thus enabling a
collector to preserve, restore, and maintain such a vehicle.
NEW SECTION. Sec. 131 A new section is added to chapter 46.04
RCW to read as follows:
"Personalized license plates" means license plates that display the
license plate number assigned to the vehicle or camper for which the
license plate number was issued in a combination of letters or numbers,
or both, requested by the owner of the vehicle or camper in accordance
with chapter 46.... RCW (the new chapter created in section 1224 of
this act).
NEW SECTION. Sec. 132 A new section is added to chapter 46.04
RCW to read as follows:
"Private use single-axle trailer" means a trailer owned by a
natural person and used for the private noncommercial use of the owner.
NEW SECTION. Sec. 133 A new section is added to chapter 46.04
RCW to read as follows:
"Purple heart license plates" means special license plates that may
be assigned to a motor vehicle to recipients of the Purple Heart medal
or to another qualified person.
NEW SECTION. Sec. 134 A new section is added to chapter 46.04
RCW to read as follows:
"Registration" means the registration certificate or license plates
issued under the laws of this state pertaining to the registration of
vehicles.
NEW SECTION. Sec. 135 A new section is added to chapter 46.04
RCW to read as follows:
"Renewal notice" means the notice to renew a vehicle registration
sent to the registered owner by the department.
NEW SECTION. Sec. 136 A new section is added to chapter 46.04
RCW to read as follows:
"Report of sale" means a document or electronic record transaction
that when properly completed and filed protects the seller of a vehicle
from certain criminal and civil liabilities arising from use of the
vehicle by another person after the vehicle has been sold or a change
in ownership has occurred.
NEW SECTION. Sec. 137 A new section is added to chapter 46.04
RCW to read as follows:
"Ride share license plates" means special license plates issued for
motor vehicles that are used primarily for commuter ride sharing as
defined in RCW 46.74.010.
NEW SECTION. Sec. 138 A new section is added to chapter 46.04
RCW to read as follows:
"Salvage vehicle" means a vehicle whose certificate of title has
been surrendered to the department under RCW 46.12.070 (as recodified
by this act) due to the vehicle's destruction or declaration as a total
loss or for which there is documentation indicating that the vehicle
has been declared salvage or has been damaged to the extent that the
owner, an insurer, or other person acting on behalf of the owner, has
determined that the cost of parts and labor plus the salvage value has
made it uneconomical to repair the vehicle. "Salvage vehicle" does not
include a motor vehicle having a model year designation of a calendar
year that is at least six years before the calendar year in which the
vehicle was wrecked, destroyed, or damaged, unless, after June 13,
2002, and immediately before the vehicle was wrecked, destroyed, or
damaged, the vehicle had a retail fair market value of at least the
then market value threshold amount and has a model year designation of
a calendar year not more than twenty years before the calendar year in
which the vehicle was wrecked, destroyed, or damaged.
NEW SECTION. Sec. 139 A new section is added to chapter 46.04
RCW to read as follows:
"Scale weight" means the weight of a vehicle without a load.
NEW SECTION. Sec. 140 A new section is added to chapter 46.04
RCW to read as follows:
"Secured party" has the same meaning as in RCW 62A.1-201.
NEW SECTION. Sec. 141 A new section is added to chapter 46.04
RCW to read as follows:
"Security interest" has the same meaning as in RCW 62A.1-201.
NEW SECTION. Sec. 142 A new section is added to chapter 46.04
RCW to read as follows:
"Share the road license plates" means special license plates
displaying a symbol or artwork recognizing an organization that
promotes bicycle safety and awareness education. Share the road
license plates commemorate the life of Cooper Jones.
NEW SECTION. Sec. 143 A new section is added to chapter 46.04
RCW to read as follows:
"Ski & ride Washington license plates" means special license plates
displaying a symbol or artwork recognizing the Washington snowsports
industry.
NEW SECTION. Sec. 144 A new section is added to chapter 46.04
RCW to read as follows:
(1) "Special highway construction equipment" means any vehicle that
is (a) designed and used primarily for the grading of highways, the
paving of highways, earth moving, and other construction work on
highways, (b) not designed or used primarily to transport persons or
property on a public highway, and (c) only incidentally operated or
moved over the highway.
(2) "Special highway construction equipment" includes, but is not
limited to, road construction and maintenance machinery that is
designed and used for the purposes described under subsection (1) of
this section, such as portable air compressors, air drills, asphalt
spreaders, bituminous mixers, bucket loaders, track laying tractors,
ditchers, leveling graders, finishing machines, motor graders, paving
mixers, road rollers, scarifiers, earth moving scrapers and carryalls,
lighting plants, welders, pumps, power shovels and draglines, and
self-propelled and tractor-drawn earth moving equipment and machinery,
including dump trucks and tractor-dump trailer combinations that (a)
are in excess of the legal width, (b) because of their length, height,
or unladen weight, may not be moved on a public highway without the
permit specified in RCW 46.44.090 and are not operated laden except
within the boundaries of the project limits as defined by the contract,
and other similar types of construction equipment, or (c) are driven or
moved upon a public highway only for the purpose of crossing the
highway from one property to another, provided that the movement does
not exceed five hundred feet and the vehicle is equipped with wheels or
pads that will not damage the roadway surface.
NEW SECTION. Sec. 145 A new section is added to chapter 46.04
RCW to read as follows:
"Snowmobile" means a self-propelled vehicle that is capable of
traveling over snow or ice that (1) utilizes as its means of propulsion
an endless belt tread or cleats, or any combination of these or other
similar means of contact with the surface upon which it is operated,
(2) is steered wholly or in part by skis or sled type runners, and (3)
is not otherwise registered as, or subject to, the motor vehicle excise
tax in the state of Washington.
NEW SECTION. Sec. 146 A new section is added to chapter 46.04
RCW to read as follows:
"Sport utility vehicle" means a high performance motor vehicle
weighing six thousand pounds or less, designed to carry ten passengers
or less or designated as a sport utility vehicle by the manufacturer.
NEW SECTION. Sec. 147 A new section is added to chapter 46.04
RCW to read as follows:
"Square dancer license plates" means special license plates
displaying a symbol of square dancers.
NEW SECTION. Sec. 148 A new section is added to chapter 46.04
RCW to read as follows:
"Standard issue license plates" means license plates that are held
for general issue, and does not mean personalized license plates or any
other special license plate.
NEW SECTION. Sec. 149 A new section is added to chapter 46.04
RCW to read as follows:
"Subagency" means the licensing office in which vehicle title and
registration functions are carried out by a subagent.
NEW SECTION. Sec. 150 A new section is added to chapter 46.04
RCW to read as follows:
"Subagent" means a person or governmental entity recommended by a
county auditor or other agent and who is appointed by the director to
provide vehicle registration and certificate of title services under
contract with the county auditor or other agent.
NEW SECTION. Sec. 151 A new section is added to chapter 46.04
RCW to read as follows:
"Tab" or "license tab" means a sticker issued by the department and
affixed to the rear license plate to identify the vehicle license
expiration month and year for a specific vehicle.
NEW SECTION. Sec. 152 A new section is added to chapter 46.04
RCW to read as follows:
"Total loss vehicle" means a vehicle that has been reported to the
department as destroyed by an insurance company, self-insurer, or the
vehicle owner or the owner's authorized representative.
NEW SECTION. Sec. 153 A new section is added to chapter 46.04
RCW to read as follows:
"Tow dolly" means a trailer equipped with between one and three
axles designed to connect to a tow bar on the rear of a motor vehicle
that is used to tow another vehicle. The front or rear wheels of the
towed vehicle are secured to and rest on the tow dolly.
NEW SECTION. Sec. 154 A new section is added to chapter 46.04
RCW to read as follows:
"Transit permit" means a document that authorizes a person to
operate a vehicle on a public highway of this state solely for the
purpose of obtaining the necessary documentation to complete and apply
for a Washington certificate of title or vehicle registration.
Unlimited use of the vehicle is prohibited when operated under a
transit permit.
Sec. 155 RCW 46.04.670 and 2003 c 141 s 6 are each amended to
read as follows:
"Vehicle" includes every device capable of being moved upon a
public highway and in, upon, or by which any persons or property is or
may be transported or drawn upon a public highway, including bicycles.
((The term)) "Vehicle" does not include power wheelchairs or devices
other than bicycles moved by human or animal power or used exclusively
upon stationary rails or tracks. Mopeds ((shall)) are not ((be))
considered vehicles or motor vehicles for the purposes of chapter 46.70
RCW. Bicycles ((shall)) are not ((be)) considered vehicles for the
purposes of chapter 46.12, 46.16, or 46.70 RCW or RCW 82.12.045.
Electric personal assistive mobility devices are not considered
vehicles or motor vehicles for the purposes of chapter 46.12, 46.16,
46.29, 46.37, or 46.70 RCW.
NEW SECTION. Sec. 156 A new section is added to chapter 46.04
RCW to read as follows:
"Vehicle license fee" means a fee collected by the state of
Washington as a license fee, as that term is construed in Article II,
section 40 of the state Constitution, for the act of registering a
vehicle under chapter 46.16 RCW. "Vehicle license fee" does not
include license plate fees, or taxes and fees collected by the
department for other jurisdictions.
NEW SECTION. Sec. 157 A new section is added to chapter 46.04
RCW to read as follows:
"Vintage snowmobile" means a snowmobile manufactured at least
thirty years ago.
NEW SECTION. Sec. 158 A new section is added to chapter 46.04
RCW to read as follows:
"Washington state parks license plates" means special license
plates displaying a symbol or artwork recognizing Washington state
parks as premier destinations of uncommon quality that preserve
significant natural, cultural, historical, and recreational resources.
NEW SECTION. Sec. 159 A new section is added to chapter 46.04
RCW to read as follows:
"Washington's wildlife license plate collection" means the
collection of three separate license plate designs. Each license plate
design displays a distinct symbol or artwork, to include bear, deer,
and elk, recognizing the wildlife of Washington.
NEW SECTION. Sec. 160 A new section is added to chapter 46.04
RCW to read as follows:
"We love our pets license plates" means special license plates
displaying a symbol or artwork recognizing an organization that assists
local member agencies of the federation of animal welfare and control
agencies to promote and perform spay or neuter surgery on Washington
state pets in order to reduce pet overpopulation.
NEW SECTION. Sec. 161 A new section is added to chapter 46.04
RCW to read as follows:
"Wild on Washington license plates" means special license plates
that display a symbol or artwork symbolizing wildlife viewing in
Washington state.
Sec. 201 RCW 46.01.011 and 1994 c 92 s 500 are each amended to
read as follows:
The legislature finds that the department of licensing administers
laws relating to the licensing and regulation of professions,
businesses, ((gambling,)) and other activities in addition to
administering laws relating to the licensing and regulation of vehicles
and vehicle operators, dealers, and manufacturers. The laws
administered by the department have the common denominator of licensing
and regulation and are directed toward protecting and enhancing the
well-being of the residents of the state.
Sec. 202 RCW 46.01.110 and 1995 c 403 s 108 are each amended to
read as follows:
The director ((of licensing is hereby authorized to)) may adopt and
enforce ((such reasonable rules as may be consistent with and
necessary)) rules to carry out ((the)) provisions ((relating)) related
to vehicle ((licenses)) registrations, certificates of ((ownership and
license registration and drivers' licenses not in conflict with the
provisions of Title 46 RCW: PROVIDED, That the director of licensing
may not adopt rules after July 23, 1995, that are based)) title, and
drivers' licenses. These rules must not be based:
(1) Solely on a section of law stating a statute's intent or
purpose((,));
(2) On the enabling provisions of the statute establishing the
agency((,)); or
(3) On any combination of ((such provisions, for statutory
authority to adopt any rule)) subsections (1) and (2) of this section.
Sec. 203 RCW 46.01.130 and 2009 c 169 s 1 are each amended to
read as follows:
(((1) The department of licensing shall have the general
supervision)) The director:
(1) Shall supervise and control ((of)) the issuing of vehicle
((licenses)) certificates of title, vehicle registrations, and vehicle
license ((number)) plates, and ((shall have)) has the full power to do
all things necessary and proper to carry out the provisions of the law
relating to the ((licensing)) registration of vehicles; ((the director
shall have the power to))
(2) May appoint and employ deputies, assistants ((and)),
representatives, and ((such clerks as may be required from time to
time, and to provide for their operation)) clerks;
(3) May establish branch offices in different parts of the state((,
and the director shall have the power to));
(4) May appoint ((the)) county auditors ((of the several counties
as the director's agents for the licensing of vehicles.)) in Washington state or, in the absence of a
county auditor, the department or an official of county government as
agents for applications for and the issuance of vehicle certificates of
title and vehicle registrations; and
(2)(a) The director
(5)(a) Shall investigate the conviction records and pending charges
of any current employee of or prospective employee being considered for
any position with the department that has or will have:
(i) The ability to create or modify records of applicants for
enhanced drivers' licenses and identicards issued under RCW 46.20.202;
and
(ii) The ability to issue enhanced drivers' licenses and
identicards under RCW 46.20.202.
(b) The investigation consists of a background check as authorized
under RCW 10.97.050, 43.43.833, and 43.43.834, and the federal bureau
of investigation. The background check must be conducted through the
Washington state patrol criminal identification section and may include
a national check from the federal bureau of investigation, which is
through the submission of fingerprints. The director shall use the
information solely to determine the character, suitability, and
competence of current or prospective employees subject to this section.
(c) The director shall investigate the conviction records and
pending charges of an employee subject to this subsection every five
years.
(d) Criminal justice agencies shall provide the director with
information that they may possess and that the director may require
solely to determine the employment suitability of current or
prospective employees subject to this section.
Sec. 204 RCW 46.01.140 and 2005 c 343 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 the licensing
of vehicles and the issuance of vehicle license number plates 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 accept applications and collect fees for vehicle licenses
and transfers and to 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 seventy-five
cents, which must be collected and remitted to the state treasurer and
distributed as follows:
(i) Fifty cents must be deposited into the department of licensing
services account of the motor vehicle fund and 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.
(ii) Twenty-five cents must be deposited into the license plate
technology account created under RCW 46.16.685.
(5) A subagent shall collect a service fee of (a) ten dollars 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) four dollars 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.
(1) County auditor/agent duties. A county auditor or other agent
appointed by the director shall:
(a) Enter into a standard contract provided by the director, as
developed in consultation with the advice of the title and registration
advisory committee;
(b) Provide all services authorized by the director for vehicle
certificates of title and vehicle registration applications and
issuance under the direction and supervision of the director including,
but not limited to:
(i) Processing reports of sale;
(ii) Processing transitional ownership transactions;
(iii) Processing mail-in vehicle registration renewals until
directed otherwise by legislative authority;
(iv) Issuing registrations and temporary ORV use permits for
off-road vehicles as required under chapter 46.09 RCW;
(v) Issuing registrations for snowmobiles as required under chapter
46.10 RCW; and
(vi) Collecting fees and taxes as required.
(2) County auditor/agent assistants and subagents. A county
auditor or other agent appointed by the director may, with approval of
the director:
(a) Appoint assistants as special deputies to accept applications
for vehicle certificates of title and to issue vehicle registrations;
and
(b) Recommend and request that the director appoint subagencies
within the county to accept applications for vehicle certificates of
title and vehicle registration application issuance.
(3) Appointing subagents. A county auditor or other agent
appointed by the director who requests a subagency shall, with approval
of the director:
(a) 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; and
(b) Submit all proposals to the director with a recommendation for
appointment of one or more subagents who have applied through the open
competitive process. If a qualified successor who is an existing
subagent's sibling, spouse, or child, or a subagency employee has
applied, the county auditor shall provide the name of the qualified
successor and the name of one other applicant who is qualified and was
chosen through the open competitive process.
(4) Subagent duties. A subagent appointed by the director shall:
(a) Enter into a standard contract with the county auditor or agent
provided by the director, as developed in consultation with the title
and registration advisory committee; and
(b) Provide all services authorized by the director for vehicle
certificates of title and vehicle registration applications and
issuance under the direction and supervision of the county auditor or
agent and the director including, but not limited to:
(i) Processing reports of sale;
(ii) Processing transitional ownership transactions;
(iii) Mailing out vehicle registrations and replacement plates to
internet payment option customers until directed otherwise by
legislative authority;
(iv) Issuing registrations and temporary ORV use permits for
off-road vehicles as required under chapter 46.09 RCW;
(v) Issuing registrations for snowmobiles as required under chapter
46.10 RCW; and
(vi) Collecting fees and taxes as required.
(5) Subagent successorship. A subagent appointed by the director
who no longer wants his or her appointment may recommend a successor
who is the subagent's sibling, spouse, or child, or a subagency
employee. The recommended successor must participate in the open
competitive process used to select an applicant. In making successor
recommendations and appointment determinations, the following
provisions apply:
(a) 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;
(b) A subagent may not 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; and
(c) The appointment of a successor is intended to assist in the
efficient transfer of appointments to minimize public inconvenience.
The appointment of a successor does not create a proprietary or
property interest in the appointment.
(6) Standard contracts. The standard contracts provided by the
director in this section may include provisions that the director deems
necessary to ensure that readily accessible and acceptable service is
provided to the citizens of the state, including the full collection of
fees and taxes. The standard contracts must include provisions that:
(a) Describe responsibilities and liabilities of each party related
to service expectations and levels;
(b) Describe the equipment to be supplied by the department and
equipment maintenance;
(c) Require specific types of insurance or bonds, or both, to
protect the state against any loss of collected revenue or loss of
equipment;
(d) Specify the amount of training that will be provided by each of
the parties;
(e) Describe allowable costs that may be charged for vehicle
registration activities as described in subsection (7) of this section;
and
(f) Describe causes and procedures for termination of the contract,
which may include mediation and binding arbitration.
(7) County auditor/agent cost reimbursement. A county auditor or
other agent appointed by the director who does not cover expenses for
services provided by the standard contract 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 standardize and identify allowable costs and to verify
whether a request is reasonable. Payment must be made on those
requests found to be allowable from the licensing services account.
(8) County auditor/agent revenue disbursement. County revenues
that exceed the cost of providing services described in the standard
contract, calculated in accordance with the procedures in subsection
(7) of this section, must be expended as determined by the county
legislative authority during the process established by law for
adoption of county budgets.
(9) Appointment authority. The director has final appointment
authority for county auditors or other agents or subagents.
(10) Rules. The director may adopt rules to implement this
section.
Sec. 205 RCW 46.01.230 and 2003 c 369 s 1 are each amended to
read as follows:
(((1) The department of licensing is authorized to accept checks
and money orders for payment of drivers' licenses, certificates of
ownership and registration, motor vehicle excise taxes, gross weight
fees, and other fees and taxes collected by the department, in
accordance with regulations adopted by the director. The director's
regulations shall duly provide for the public's convenience consistent
with sound business practice and shall encourage the annual renewal of
vehicle registrations by mail to the department, authorizing checks and
money orders for payment. Such regulations shall contain provisions
for cancellation of any registrations, licenses, or permits paid for by
checks or money orders which are not duly paid and for the necessary
accounting procedures in such cases: PROVIDED, That any bona fide
purchaser for value of a vehicle shall not be liable or responsible for
any prior uncollected taxes and fees paid, pursuant to this section, by
a check which has subsequently been dishonored: AND PROVIDED FURTHER,
That no transfer of ownership of a vehicle may be denied to a bona fide
purchaser for value of a vehicle if there are outstanding uncollected
fees or taxes for which a predecessor paid, pursuant to this section,
by check which has subsequently been dishonored nor shall the new owner
be required to pay any fee for replacement vehicle license number
plates that may be required pursuant to RCW 46.16.270 as now or
hereafter amended.))
(2) It is a traffic infraction to fail to surrender within ten days
to the department or any authorized agent of the department any
certificate, license, or permit after being notified that such
certificate, license, or permit has been canceled pursuant to this
section. Notice of cancellation may be accomplished by sending a
notice by first-class mail using the last known address in department
records for the holder of the certificate, license, or permit, and
recording the transmittal on an affidavit of first-class mail.
(3) Whenever registrations, licenses, or permits have been paid for
by checks that have been dishonored by nonacceptance or nonpayment, a
reasonable handling fee may be assessed for each such instrument.
Notwithstanding provisions of any other laws, county auditors, agents,
and subagents, appointed or approved by the director pursuant to RCW
46.01.140, may collect restitution, and where they have collected
restitution may retain the reasonable handling fee. The amount of the
reasonable handling fee may be set by rule by the director.
(4) In those counties where the county auditor has been appointed
an agent of the director under RCW 46.01.140, the auditor shall
continue to process mail-in registration renewals until directed
otherwise by legislative authority. Subagents appointed by the
director under RCW 46.01.140 have the same authority to mail out
registrations and replacement plates to Internet payment option
customers as the agents until directed otherwise by legislative
authority. The department shall provide separate statements giving
notice to Internet payment option customers that: (a) A subagent
service fee, as provided in RCW 46.01.140(5)(b), will be collected by
a subagent office for providing mail and pick-up services; and (b) a
filing fee will be collected on all transactions listed under RCW
46.01.140(4)(a). The statement must include the amount of the fee and
be published on the department's Internet web site on the page that
lists each department, county auditor, and subagent office, eligible to
provide mail or pick-up services for registration renewals and
replacement plates. The statements must be published below each office
listed.
(1) The department may accept checks and money orders for the
payment of drivers' licenses, certificates of title and vehicle
registrations, vehicle excise taxes, gross weight fees, and other fees
and taxes collected by the department. Whenever registrations,
licenses, or permits have been paid for by checks or money orders that
have been dishonored by nonacceptance or nonpayment, the department
shall:
(a) Cancel the registration, license, or permit;
(b) Send a notice of cancellation by first-class mail using the
last known address in department records for the holder of the
certificate, license, or permit, and complete an affidavit of first-class mail; and
(c) Assess a handling fee, set by rule.
(2) It is a traffic infraction to fail to surrender a certificate
of title, registration certificate, or permit to the department or to
an authorized agent within ten days of being notified that the
certificate, registration, or permit has been cancelled.
(3) County auditors, agents, and subagents appointed by the
director may collect restitution for dishonored checks and money orders
and keep the handling fee.
(4) A person who has recently acquired a vehicle by purchase,
exchange, gift, lease, inheritance, or legal action is not liable or
responsible for the payment of uncollected fees and taxes that were
paid for by a predecessor's check or money order that was subsequently
dishonored. The department may not deny an application to transfer
ownership for the uncollected amount.
(5) The director may adopt rules to implement this section. The
rules must provide for the public's convenience consistent with sound
business practice and encourage annual renewal of vehicle registrations
by mail, authorizing checks and money orders for payment.
NEW SECTION. Sec. 206 A new section is added to chapter 46.01
RCW to read as follows:
(1) The department shall provide on its internet payment option web
site:
(a) That a filing fee will be collected on all transactions subject
to a filing fee;
(b) That a subagent service fee will be collected by a subagent
office for mail or pick-up licensing services; and
(c) The amount of the filing and subagent service fees.
(2) The filing and subagent service fees must be shown below each
office listed.
Sec. 207 RCW 46.01.235 and 2004 c 249 s 9 are each amended to
read as follows:
The department may adopt necessary rules and procedures to allow
use of credit and debit cards for payment of fees and excise taxes to
the department and its agents or subagents related to the licensing of
drivers, the issuance of identicards, and vehicle and vessel
((titling)) certificates of title and registration. The department may
establish a convenience fee to be paid by the credit or debit card user
whenever a credit or debit card is chosen as the payment method. The
fee must be sufficient to offset the charges imposed on the department
and its agents and subagents by credit and debit card companies. In no
event may the use of credit or debit cards authorized by this section
create a loss of revenue to the state.
The use of a personal credit card does not rely upon the credit of
the state as prohibited by Article VIII, section 5 of the state
Constitution.
Sec. 208 RCW 46.01.260 and 2009 c 276 s 2 are each amended to
read as follows:
(1) Except as provided in subsection (2) of this section, the
director((, in his or her discretion,)) may destroy applications for
vehicle ((licenses)) registrations, copies of vehicle ((licenses))
registrations issued, applications for drivers' licenses, copies of
issued drivers' licenses, certificates of title and registration or
other documents, and records or supporting papers on file in ((his or
her office which)) the department that have been microfilmed or
photographed or are more than five years old. ((If the)) The director
may destroy applications for vehicle ((licenses)) registrations that
are renewal applications((, the director may destroy such
applications)) when the computer record ((thereof)) of the applications
has been updated.
(2)(a) The director shall not destroy records of convictions or
adjudications of RCW 46.61.502, 46.61.504, 46.61.520, and 46.61.522, or
records of deferred prosecutions granted under RCW 10.05.120 and shall
maintain such records permanently on file.
(b) The director shall not, within fifteen years from the date of
conviction or adjudication, destroy records if the offense was
originally charged as one of the offenses designated in (a) of this
subsection, convictions or adjudications of the following offenses:
RCW 46.61.500 or 46.61.5249 or any other violation that was originally
charged as one of the offenses designated in (a) of this subsection.
(c) For purposes of RCW 46.52.101 and 46.52.130, offenses subject
to this subsection shall be considered "alcohol-related" offenses.
Sec. 209 RCW 46.01.270 and 1991 c 339 s 18 are each amended to
read as follows:
((The)) A county auditor or other agent appointed by the director
may destroy applications for vehicle ((licenses)) registrations and any
copies of vehicle ((licenses)) registrations or other records issued
after ((such)) those records have been on file in the county auditor's
or other agent's office for a period of eighteen months, unless
otherwise directed by the director.
Sec. 210 RCW 46.01.310 and 1987 c 302 s 3 are each amended to
read as follows:
No civil suit or action may ever be commenced or prosecuted against
the director, the state of Washington, any county auditor or other
agents appointed by the director, ((or against)) any other government
officer or entity, or against any other person, by reason of any act
done or omitted to be done in connection with the titling((,
licensing,)) or registration of vehicles or vessels while administering
duties and responsibilities imposed on the director or as an agent of
the director ((of licensing)), or as ((an agent)) a subagent of an
agent of the director ((of licensing, pursuant to RCW 46.01.140.
However,)). This section does not bar the state of Washington or the
director ((of licensing)) from bringing any action, whether civil or
criminal, against any ((such)) agent, nor shall it bar a county auditor
or other agent of the director from bringing an action against ((his or
her)) the agent.
Sec. 211 RCW 46.08.066 and 1986 c 158 s 20 are each amended to
read as follows:
(1) ((Except as provided in subsection (3) of this section,)) The
department ((of licensing is authorized to)) may issue confidential
((motor vehicle)) license plates to:
(a) Units of local government and ((to)) agencies of the federal
government for law enforcement purposes only;
(b) Any state official elected on a statewide basis for use on
official business. Only one set of confidential license plates may be
issued to these elected officials;
(c) Any other public officer or public employee for the personal
security of the officer or employee when recommended by the chief of
the Washington state patrol. These confidential license plates may
only be used on an unmarked publicly owned or controlled vehicle of the
employing government agency for the conduct of official business for
the period of time that the personal security of the state official,
public officer, or other public employee may require; and
(d) The office of the state treasurer. These confidential license
plates may only be used on an unmarked state owned or controlled
vehicle when required for the safe transportation of either state funds
or negotiable securities to or from the office of the state treasurer.
(2) ((Except as provided in subsections (3) and (4) of this
section)) The use of confidential license plates on other vehicles
owned or operated by the state of Washington by any officer or employee
((thereof, shall be)) of the state is limited to confidential,
investigative, or undercover work of state law enforcement agencies,
confidential public health work, and confidential public assistance
fraud or support investigations.
(3) ((Any state official elected on a statewide basis shall be
provided on request with one set of confidential plates for use on
official business. When necessary for the personal security of any
other public officer, or public employee, the chief of the Washington
state patrol may recommend that the director issue confidential plates
for use on an unmarked publicly owned or controlled vehicle of the
appropriate governmental unit for the conduct of official business for
the period of time that the personal security of such state official,
public officer, or other public employee may require. The office of
the state treasurer may use an unmarked state owned or controlled
vehicle with confidential plates where required for the safe
transportation of either state funds or negotiable securities to or
from the office of the state treasurer.)) The director ((
(4)of licensing)) may ((issue)) adopt rules ((and
regulations)) governing applications for, and the use of, ((such))
confidential license plates ((by law enforcement and other public
agencies)).
Sec. 212 RCW 46.08.150 and 1995 c 384 s 2 are each amended to
read as follows:
The director of general administration shall have power to devise
and promulgate rules and regulations for the control of vehicular and
pedestrian traffic and the parking of motor vehicles on the state
capitol grounds. However, the monetary penalty for parking a motor
vehicle without a valid special license plate or placard in a parking
place reserved for ((physically disabled)) persons with physical
disabilities shall be the same as provided in ((RCW 46.16.381)) section
706 of this act. Such rules and regulations shall be promulgated by
publication in one issue of a newspaper published at the state capitol
and shall be given such further publicity as the director may deem
proper.
Sec. 213 RCW 46.09.020 and 2007 c 241 s 13 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Advisory committee" means the nonhighway and off-road vehicle
activities advisory committee established in RCW 46.09.280 (as
recodified by this act).
(2) "Board" means the recreation and conservation funding board
established in RCW 79A.25.110.
(3) "Dealer" means a person, partnership, association, or
corporation engaged in the business of selling off-road vehicles at
wholesale or retail in this state.
(4) (("Department" means the department of licensing.)) "Highway," for the purpose of this chapter only, means the
entire width between the boundary lines of every roadway publicly
maintained by the state department of transportation or any county or
city with funding from the motor vehicle fund. A highway is generally
capable of travel by a conventional two-wheel drive passenger
automobile during most of the year and in use by such vehicles.
(5)
(((6) "Motorized vehicle" means a vehicle that derives motive power
from an internal combustion engine.)) (5) "Nonhighway road" means any road owned or managed by a
public agency or any private road for which the owner has granted an
easement for public use for which appropriations from the motor vehicle
fund were not used for (a) original construction or reconstruction in
the last twenty-five years; or (b) maintenance in the last four years.
(7)
(((8))) (6) "Nonhighway road recreation facilities" means
recreational facilities that are adjacent to, or accessed by, a
nonhighway road and intended primarily for nonhighway road recreational
users.
(((9))) (7) "Nonhighway road recreational user" means a person
whose purpose for consuming fuel on a nonhighway road or off-road is
primarily for nonhighway road recreational purposes, including, but not
limited to, hunting, fishing, camping, sightseeing, wildlife viewing,
picnicking, driving for pleasure, kayaking/canoeing, and gathering
berries, firewood, mushrooms, and other natural products.
(((10))) (8) "Nonhighway vehicle" means any motorized vehicle
including an ORV when used for recreational purposes on nonhighway
roads, trails, or a variety of other natural terrain.
Nonhighway vehicle does not include:
(a) Any vehicle designed primarily for travel on, over, or in the
water;
(b) Snowmobiles or any military vehicles; or
(c) Any vehicle eligible for a motor vehicle fuel tax exemption or
rebate under chapter 82.36 RCW while an exemption or rebate is claimed.
This exemption includes but is not limited to farm, construction, and
logging vehicles.
(((11))) (9) "Nonmotorized recreational facilities" means
recreational trails and facilities that are adjacent to, or accessed
by, a nonhighway road and intended primarily for nonmotorized
recreational users.
(((12))) (10) "Nonmotorized recreational user" means a person whose
purpose for consuming fuel on a nonhighway road or off-road is
primarily for nonmotorized recreational purposes including, but not
limited to, walking, hiking, backpacking, climbing, cross-country
skiing, snowshoeing, mountain biking, horseback riding, and pack animal
activities.
(((13) "Off-road vehicle" or "ORV" means any nonstreet licensed
vehicle when used for recreational purposes on nonhighway roads,
trails, or a variety of other natural terrain. Such vehicles include,
but are not limited to, all-terrain vehicles, motorcycles, four-wheel
drive vehicles, and dune buggies.)) (11) "Organized competitive event" means any competition,
advertised in advance through written notice to organized clubs or
published in local newspapers, sponsored by recognized clubs, and
conducted at a predetermined time and place.
(14) "Operator" means each person who operates, or is in physical
control of, any nonhighway vehicle.
(15)
(((16))) (12) "ORV recreation facilities" include, but are not
limited to, ORV trails, trailheads, campgrounds, ORV sports parks, and
ORV use areas, designated for ORV use by the managing authority that
are intended primarily for ORV recreational users.
(((17))) (13) "ORV recreational user" means a person whose purpose
for consuming fuel on nonhighway roads or off-road is primarily for ORV
recreational purposes, including but not limited to riding an all-terrain vehicle, motorcycling, or driving a four-wheel drive vehicle or
dune buggy.
(((18))) (14) "ORV sports park" means a facility designed to
accommodate competitive ORV recreational uses including, but not
limited to, motocross racing, four-wheel drive competitions, and flat
track racing. Use of ORV sports parks can be competitive or
noncompetitive in nature.
(((19))) (15) "ORV trail" means a multiple-use corridor designated
by the managing authority and maintained for recreational use by
motorized vehicles.
(((20) "ORV use permit" means a permit issued for operation of an
off-road vehicle under this chapter.))
(21) "Owner" means the person other than the lienholder, having an
interest in or title to a nonhighway vehicle, and entitled to the use
or possession thereof.
(22) "Person" means any individual, firm, partnership, association,
or corporation.
NEW SECTION. Sec. 214 A new section is added to chapter 46.09
RCW under the subchapter heading "general provisions" to read as
follows:
The department shall issue a certificate of title to the owner of
an off-road vehicle. The owner shall pay the fee established under
section 508 of this act. Issuance of the certificate of title does not
qualify the vehicle for registration under chapter 46.16 RCW.
Sec. 215 RCW 46.09.030 and 1990 c 250 s 23 are each amended to
read as follows:
The department shall ((provide for the issuance of use permits for
off-road vehicles and may appoint agents for collecting fees and
issuing permits. The department shall charge each applicant for
registration the actual cost of the decal. The department shall make
available replacement decals for a fee equivalent to the actual cost of
the decals. The provisions of RCW 46.01.130 and 46.01.140 apply to the
issuance of use permits for off-road vehicles as they do to the
issuance of vehicle licenses, the appointment of agents and the
collection of application fees)):
(1) Issue registrations and temporary ORV use permits for off-road
vehicles;
(2) Issue decals for off-road vehicles. The decals serve the same
function as license plates for vehicles registered under chapter 46.16
RCW; and
(3) Charge a fee for each decal covering the actual cost of the
decal.
Sec. 216 RCW 46.09.040 and 1977 ex.s. c 220 s 3 are each amended
to read as follows:
Except as provided in this chapter, ((no)) a person shall not
operate ((any)) an off-road vehicle within this state ((after January
1, 1978,)) unless the off-road vehicle has been assigned an ORV
registration or temporary ORV use permit and displays ((a current ORV
tag in accordance with the provisions of this chapter: PROVIDED, That
registration and display of an unexpired ATV use permit shall be deemed
to have complied with this section)) current decals and tabs as
required under this chapter.
Sec. 217 RCW 46.09.050 and 2004 c 105 s 9 are each amended to
read as follows:
ORV ((use permits)) registrations and ((ORV tags shall be)) decals
are required under ((the provisions of)) this chapter except for the
following:
(1) Off-road vehicles owned and operated by the United States,
another state, or a political subdivision ((thereof)) of the United
States or another state.
(2) Off-road vehicles owned and operated by this state, ((or by
any)) a municipality, or a political subdivision ((thereof)) of this
state or the municipality.
(3) Off-road vehicles operated on agricultural lands owned or
leased by the ((ORV)) off-road vehicle owner or operator.
(4) Off-road vehicles owned by a resident of another state that
have a valid ORV use permit or vehicle ((license)) registration issued
in accordance with the laws of the other state. This exemption ((shall
apply)) applies only to the extent that a similar exemption or
privilege is granted under the laws of that state.
(5) Off-road vehicles while being used for search and rescue
purposes under the authority or direction of an appropriate search and
rescue or law enforcement agency.
(6) Vehicles ((which are licensed pursuant to)) registered under
chapter 46.16 RCW or, in the case of nonresidents, vehicles ((which
are)) validly ((licensed)) registered for operation over public
highways in the jurisdiction of the owner's residence.
Sec. 218 RCW 46.09.070 and 2004 c 106 s 1 are each amended to
read as follows:
(((1) Application for annual or temporary ORV use permits shall be
made to the department or its authorized agent in such manner and upon
such forms as the department shall prescribe and shall state the name
and address of each owner of the off-road vehicle.))
(2) An application for an annual permit shall be signed by at least
one owner, and shall be accompanied by a fee of eighteen dollars. Upon
receipt of the annual permit application and the application fee, the
off-road vehicle shall be assigned a use permit number tag or decal,
which shall be affixed to the off-road vehicle in a manner prescribed
by the department. The annual permit is valid for a period of one year
and is renewable each year in such manner as the department may
prescribe for an additional period of one year upon payment of a
renewal fee of eighteen dollars.
Any person acquiring an off-road vehicle for which an annual permit
has been issued who desires to continue to use the permit must, within
fifteen days of the acquisition of the off-road vehicle, make
application to the department or its authorized agent for transfer of
the permit, and the application shall be accompanied by a transfer fee
of five dollars.
(3) A temporary use permit is valid for sixty days. Application
for a temporary permit shall be accompanied by a fee of seven dollars.
The permit shall be carried on the vehicle at all times during its
operation in the state.
(4) Except as provided in RCW 46.09.050, any out-of-state operator
of an off-road vehicle shall, when operating in this state, comply with
this chapter, and if an ORV use permit is required under this chapter,
the operator shall obtain an annual or temporary permit and tag.
(1) The application for an original ORV registration has the same
requirements as described for original vehicle registrations in RCW
46.16.040 (as recodified by this act) and must be accompanied by the
annual off-road vehicle license fee required under section 531 of this
act, in addition to any other fees or taxes due for the application.
(2) The application for renewal of an ORV registration has the same
requirements as described for the renewal of vehicle registrations in
RCW 46.16.210 (as recodified by this act) and must be accompanied by
the annual off-road vehicle license fee required under section 531 of
this act, in addition to any other fees or taxes due for the
application.
(3) The annual ORV registration is valid for one year and may be
renewed each subsequent year as prescribed by the department.
(4) A person who acquires an off-road vehicle that has an ORV
registration must:
(a) Apply to the department, county auditor or other agent, or
subagent appointed by the director for a transfer of the ORV
registration within fifteen days of taking possession of the off-road
vehicle; and
(b) Pay the ORV registration transfer fee required under section
536 of this act, in addition to any other fees or taxes due at the time
of application.
(5) The department shall issue an ORV registration, decals, and
tabs upon receipt of:
(a) A properly completed application for an original ORV
registration; and
(b) The payment of all fees and taxes due at the time of
application.
(6) The ORV registration must be carried on the vehicle for which
it was issued at all times during its operation in this state.
(7) Off-road vehicle decals must be affixed to the off-road vehicle
in a manner prescribed by the department.
(8) Unless exempt under RCW 46.09.050 (as recodified by this act),
any out-of-state operator of an off-road vehicle, when operating in
this state, must comply with this chapter. If an ORV registration is
required under this chapter, the out-of-state operator must obtain an
ORV registration and decal or a temporary ORV use permit.
NEW SECTION. Sec. 219 A new section is added to chapter 46.09
RCW under the subchapter heading "use permits" to read as follows:
(1) The application for a temporary ORV use permit must be made by
the owner or the owner's authorized representative to the department,
county auditor or other agent, or subagent appointed by the director on
a form furnished or approved by the department. The application must
contain:
(a) The name and address of each owner of the off-road vehicle; and
(b) Other information that the department may require.
(2) The owner or the owner's authorized representative shall sign
the application for a temporary ORV use permit.
(3) The application for a temporary ORV use permit must be
accompanied by the temporary ORV use permit fee required under section
535 of this act, in addition to any other fees or taxes due for the
application.
(4) A temporary ORV use permit:
(a) Is valid for sixty days; and
(b) Must be carried on the vehicle for which it was issued at all
times during its operation in this state.
Sec. 220 RCW 46.09.080 and 1990 c 250 s 24 are each amended to
read as follows:
(1) Each dealer of off-road vehicles in this state ((who does not
have a current "dealer's plate" for vehicle use pursuant to chapter
46.70 RCW)) shall obtain either a miscellaneous vehicle dealer license
as defined in RCW 46.70.011 or an ((ORV)) off-road vehicle dealer
((permit)) license from the department in ((such)) a manner ((and upon
such forms as)) prescribed by the department ((shall prescribe)). Upon
receipt of an application for an ((ORV)) off-road vehicle dealer
((permit)) license and the fee described under subsection (2) of this
section, the dealer ((shall be registered)) is licensed and an ((ORV))
off-road vehicle dealer ((permit)) license number must be assigned.
(2) The annual fee for ((ORV)) an off-road vehicle dealer ((permits
shall be)) license is twenty-five dollars ((per year)), which covers
all of the off-road vehicles owned by a dealer and not rented. Off-road vehicles rented on a regular, commercial basis by a dealer
((shall)) must have separate ((use permits)) registrations.
(3) Upon the issuance of an ((ORV)) off-road vehicle dealer
((permit)) license, each dealer may purchase, at a cost to be
determined by the department, ((ORV)) off-road vehicle dealer
((number)) license plates of a size and color to be determined by the
department((, that)). The off-road vehicle dealer license plates must
contain the off-road vehicle dealer ((ORV permit)) license number
assigned to the dealer. Each off-road vehicle operated by a dealer,
dealer representative, or prospective customer for the purposes of
testing or demonstration shall display ((such number)) dealer license
plates assigned ((pursuant to the dealer permit provisions in chapter
46.70 RCW or this section, in a manner prescribed)) by the department.
(4) ((No)) A dealer, dealer representative, or prospective customer
((shall use such number)) may only use dealer license plates for ((any
purpose other than)) the purposes prescribed in subsection (3) of this
section.
(5) ((ORV)) Off-road vehicle dealer ((permit)) license numbers
((shall be)) are nontransferable.
(6) It is unlawful for any dealer to sell any off-road vehicle at
wholesale or retail or to test or demonstrate any off-road vehicle
within the state unless ((he has a motor vehicle dealers' license
pursuant to chapter 46.70 RCW or an ORV dealer permit number in
accordance with)) the dealer has either a miscellaneous vehicle dealer
license as defined in RCW 46.70.011 or an off-road vehicle dealer
license as required under this section.
(7) When an ((ORV)) off-road vehicle is sold by a dealer, the
dealer shall apply for a certificate of title in the purchaser's name
within fifteen days following the sale.
(8) Except as provided in RCW 46.09.050, it is unlawful for any
dealer to sell at retail an off-road vehicle without registration
required in RCW 46.09.040.
Sec. 221 RCW 46.09.115 and 2006 c 212 s 2 are each amended to
read as follows:
(1) Except as otherwise provided in this section, it is lawful to
operate an off-road vehicle upon:
(a) A nonhighway road and in parking areas serving designated off-road vehicle areas if the state, federal, local, or private authority
responsible for the management of the nonhighway road authorizes the
use of off-road vehicles; and
(b) A street, road, or highway as authorized under RCW 46.09.180
(as recodified by this act).
(2) Operations of an off-road vehicle on a nonhighway road, or on
a street, road, or highway as authorized under RCW 46.09.180 (as
recodified by this act), under this section is exempt from
((licensing)) registration requirements of chapter 46.16 RCW
((46.16.010)) and vehicle lighting and equipment requirements of
chapter 46.37 RCW.
(3) It is unlawful to operate an off-road vehicle upon a private
nonhighway road if the road owner has not authorized the use of off-road vehicles.
(4) Nothing in this section authorizes trespass on private
property.
(5) The provisions of RCW 4.24.210(5) shall apply to public
landowners who allow members of the public to use public facilities
accessed by a highway, street, or nonhighway road for recreational off-road vehicle use.
Sec. 222 RCW 46.09.170 and 2009 c 564 s 944 and 2009 c 187 s 2
are each reenacted and amended to read as follows:
(1) From time to time, but at least once each year, the state
treasurer shall refund from the motor vehicle fund one percent of the
motor vehicle fuel tax revenues collected under chapter 82.36 RCW,
based on a tax rate of: (a) Nineteen cents per gallon of motor vehicle
fuel from July 1, 2003, through June 30, 2005; (b) twenty cents per
gallon of motor vehicle fuel from July 1, 2005, through June 30, 2007;
(c) twenty-one cents per gallon of motor vehicle fuel from July 1,
2007, through June 30, 2009; (d) twenty-two cents per gallon of motor
vehicle fuel from July 1, 2009, through June 30, 2011; and (e) twenty-three cents per gallon of motor vehicle fuel beginning July 1, 2011,
and thereafter, less proper deductions for refunds and costs of
collection as provided in RCW 46.68.090.
(2) The treasurer shall place these funds in the general fund as
follows:
(a) Thirty-six percent shall be credited to the ORV and nonhighway
vehicle account and administered by the department of natural resources
solely for acquisition, planning, development, maintenance, and
management of ORV, nonmotorized, and nonhighway road recreation
facilities, and information programs and maintenance of nonhighway
roads;
(b) Three and one-half percent shall be credited to the ORV and
nonhighway vehicle account and administered by the department of fish
and wildlife solely for the acquisition, planning, development,
maintenance, and management of ORV, nonmotorized, and nonhighway road
recreation facilities and the maintenance of nonhighway roads;
(c) Two percent shall be credited to the ORV and nonhighway vehicle
account and administered by the parks and recreation commission solely
for the acquisition, planning, development, maintenance, and management
of ORV, nonmotorized, and nonhighway road recreation facilities; and
(d) Fifty-eight and one-half percent shall be credited to the
nonhighway and off-road vehicle activities program account to be
administered by the board for planning, acquisition, development,
maintenance, and management of ORV, nonmotorized, and nonhighway road
recreation facilities and for education, information, and law
enforcement programs. The funds under this subsection shall be
expended in accordance with the following limitations:
(i) Not more than thirty percent may be expended for education,
information, and law enforcement programs under this chapter;
(ii) Not less than seventy percent may be expended for ORV,
nonmotorized, and nonhighway road recreation facilities. Except as
provided in (d)(iii) of this subsection, of this amount:
(A) Not less than thirty percent, together with the funds the board
receives under RCW 46.09.110 (as recodified by this act), may be
expended for ORV recreation facilities;
(B) Not less than thirty percent may be expended for nonmotorized
recreation facilities. Funds expended under this subsection
(2)(d)(ii)(B) shall be known as Ira Spring outdoor recreation
facilities funds; and
(C) Not less than thirty percent may be expended for nonhighway
road recreation facilities;
(iii) The board may waive the minimum percentage cited in (d)(ii)
of this subsection due to insufficient requests for funds or projects
that score low in the board's project evaluation. Funds remaining
after such a waiver must be allocated in accordance with board policy.
(3) On a yearly basis an agency may not, except as provided in RCW
46.09.110 (as recodified by this act), expend more than ten percent of
the funds it receives under this chapter for general administration
expenses incurred in carrying out this chapter.
(4) During the 2009-2011 fiscal biennium, the legislature may
appropriate such amounts as reflect the excess fund balance in the NOVA
account to the department of natural resources to install consistent
off-road vehicle signage at department-managed recreation sites, and to
implement the recreation opportunities on department-managed lands in
the Reiter block and Ahtanum state forest, and to the state parks and
recreation commission for maintenance and operation of parks and to
improve accessibility for boaters and off-road vehicle users. This
appropriation is not required to follow the specific distribution
specified in subsection (2) of this section.
Sec. 223 RCW 46.09.240 and 2007 c 241 s 17 are each amended to
read as follows:
(1) After deducting administrative expenses and the expense of any
programs conducted under this chapter, the board shall, at least once
each year, distribute the funds it receives under RCW 46.09.110 and
46.09.170 (as recodified by this act) to state agencies, counties,
municipalities, federal agencies, nonprofit ((ORV)) off-road vehicle
organizations, and Indian tribes. Funds distributed under this section
to nonprofit ((ORV)) off-road vehicle organizations may be spent only
on projects or activities that benefit ((ORV)) off-road vehicle
recreation on lands once publicly owned that come into private
ownership in a federally approved land exchange completed between
January 1, 1998, and January 1, 2005.
(2) The board shall adopt rules governing applications for funds
administered by the recreation and conservation office under this
chapter and shall determine the amount of money distributed to each
applicant. Agencies receiving funds under this chapter for capital
purposes shall consider the possibility of contracting with the state
parks and recreation commission, the department of natural resources,
or other federal, state, and local agencies to employ the youth
development and conservation corps or other youth crews in completing
the project.
(3) The board shall require each applicant for acquisition or
development funds under this section to comply with the requirements of
either the state environmental policy act, chapter 43.21C RCW, or the
national environmental policy act (42 U.S.C. Sec. 4321 et seq.).
Sec. 224 RCW 46.09.280 and 2007 c 241 s 19 are each amended to
read as follows:
(1) The board shall establish the nonhighway and off-road vehicle
activities advisory committee to provide advice regarding the
administration of this chapter. The committee consists of governmental
representatives, land managers, and a proportional representation of
persons with recreational experience in areas identified in the most
recent fuel use study, including but not limited to people with ((ORV))
off-road vehicle, hiking, equestrian, mountain biking, hunting,
fishing, and wildlife viewing experience.
(2) After the advisory committee has made recommendations regarding
the expenditure of the fuel tax revenue portion of the nonhighway and
off-road vehicle account moneys, the advisory committee's ((ORV)) off-road vehicle and mountain biking recreationists, governmental
representatives, and land managers will make recommendations regarding
the expenditure of funds received under RCW 46.09.110 (as recodified by
this act).
(3) At least once a year, the board, the department of natural
resources, the department of fish and wildlife, and the state parks and
recreation commission shall report to the nonhighway and off-road
vehicle activities advisory committee on the expenditures of funds
received under RCW 46.09.110 and 46.09.170 (as recodified by this act)
and must proactively seek the advisory committee's advice regarding
proposed expenditures.
(4) The advisory committee shall advise these agencies regarding
the allocation of funds received under RCW 46.09.170 (as recodified by
this act) to ensure that overall expenditures reflect consideration of
the results of the most recent fuel use study.
Sec. 225 RCW 46.10.010 and 2005 c 235 s 1 are each amended to
read as follows:
((As used in this chapter the words and phrases in this section
shall have the designated meanings unless a different meaning is
expressly provided or the context otherwise clearly indicated.)) The following definitions apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Person" shall mean any individual, firm, partnership,
association, or corporation.
(2) "Snowmobile" shall mean any self-propelled vehicle capable of
traveling over snow or ice, which utilizes as its means of propulsion
an endless belt tread, or cleats, or any combination of these or other
similar means of contact with the surface upon which it is operated,
and which is steered wholly or in part by skis or sled type runners,
and which is not otherwise registered as, or subject to the motor
vehicle excise tax in the state of Washington.
(3) "Vintage snowmobile" means a snowmobile manufactured at least
thirty years ago.
(4)
(1) "All terrain vehicle" ((shall)) means any self-propelled
vehicle other than a snowmobile, capable of cross-country travel on or
immediately over land, water, snow, ice, marsh, swampland, and other
natural terrain, including, but not limited to, four-wheel vehicles,
amphibious vehicles, ground effect or air cushion vehicles, and any
other means of land transportation deriving motive power from any
source other than muscle or wind; except any vehicle designed primarily
for travel on, over, or in the water, farm vehicles, or any military or
law enforcement vehicles.
(((5) "Owner" shall mean the person, other than a lienholder,
having the property in or title to a snowmobile or all terrain vehicle,
and entitled to the use or possession thereof.)) (2) "Public roadway" ((
(6) "Operator" means each person who operates, or is in physical
control of, any snowmobile or all terrain vehicle.
(7)shall)) means the entire width of the
right-of-way of any road or street designed and ordinarily used for
travel or parking of motor vehicles, which is controlled by a public
authority other than the Washington state department of transportation,
and which is open as a matter of right to the general public for
ordinary vehicular traffic.
(((8))) (3) "Highway((s))" ((shall)) means the entire width of the
right-of-way of ((all)) a primary and secondary state highway((s)),
including ((all)) any portion((s)) of the interstate highway system.
(((9))) (4) "Dealer" means a person, partnership, association, or
corporation engaged in the business of selling snowmobiles or all
terrain vehicles at wholesale or retail in this state.
(((10) "Department" shall mean the department of licensing.)) (5) "Commission" ((
(11) "Director" shall mean the director of the department of
licensing.
(12)shall)) means the Washington state parks
and recreation commission.
(((13))) (6) "Hunt" ((shall)) means any effort to kill, injure,
capture, or disturb a wild animal or wild bird.
(((14))) (7) "Committee" means the Washington state parks and
recreation commission snowmobile advisory committee.
Sec. 226 RCW 46.10.020 and 2008 c 52 s 1 are each amended to read
as follows:
(1) Except as provided in this chapter, a person may not operate
((any)) a snowmobile within this state unless ((such)) the snowmobile
has been registered ((in accordance with the provisions of)) as
required under this chapter.
(2) ((A registration number shall)) Snowmobile decals must be
assigned, without the payment of a fee, to snowmobiles owned by the
state of Washington or its political subdivisions((, and the assigned
registration number shall)). The snowmobile decals must be displayed
upon each snowmobile in ((such manner as provided by)) accordance with
rules adopted by the department.
Sec. 227 RCW 46.10.030 and 1986 c 16 s 1 are each amended to read
as follows:
((No)) Registration ((shall be)) is not required under ((the
provisions of)) this chapter for the following ((described))
snowmobiles:
(1) Snowmobiles owned and operated by the United States, another
state, or a political subdivision thereof.
(2) A snowmobile owned by a resident of another state or Canadian
province if that snowmobile is registered ((in accordance with)) under
the laws of the state or province in which its owner resides((, but
only to the extent that a similar exemption or privilege is granted
under the laws of that state or province for snowmobiles registered in
this state: PROVIDED, That)). This exemption applies only to the
extent that a similar exemption or privilege is granted under the laws
of that state or province. Any snowmobile ((which)) that is validly
registered in another state or province and ((which)) that is
physically located in this state for a period of more than fifteen
consecutive days ((shall be)) is subject to registration under ((the
provisions of)) this chapter.
Sec. 228 RCW 46.10.040 and 2008 c 52 s 2 are each amended to read
as follows:
(((1) Application for registration shall be made to the department
in the manner and upon forms the department prescribes, and shall state
the name and address of each owner of the snowmobile to be registered,
and shall be signed by at least one such owner, and shall be
accompanied by an annual registration fee as described in (a) of this
subsection.))
(a) The annual registration fee for snowmobiles manufactured less
than thirty years is thirty dollars. The annual registration fee for
vintage snowmobiles is twelve dollars. The department shall design, in
cooperation with the commission, a distinct registration decal which
shall be issued to vintage snowmobiles upon payment of the annual
registration fee.
(b) Upon receipt of the application and the application fee, the
snowmobile shall be registered and a registration number assigned,
which shall be affixed to the snowmobile in a manner provided in RCW
46.10.070.
(2) The registration provided in this section shall be valid for a
period of one year. At the end of the period of registration, every
owner of a snowmobile in this state shall renew his or her registration
in the manner the department prescribes, for an additional period of
one year, upon payment of the annual registration fee.
(3) Any person acquiring a snowmobile already validly registered
under the provisions of this chapter must, within ten days of the
acquisition or purchase of the snowmobile, make application to the
department for transfer of the registration, and the application shall
be accompanied by a transfer fee of five dollars.
(4) A snowmobile owned by a resident of another state or Canadian
province where registration is not required by law may be issued a
nonresident registration permit valid for not more than sixty days.
Application for the permit shall state the name and address of each
owner of the snowmobile to be registered and shall be signed by at
least one owner and shall be accompanied by a registration fee of five
dollars. The registration permit shall be carried on the vehicle at
all times during its operation in this state.
(5) The registration fees provided in this section shall be in lieu
of any personal property or excise tax heretofore imposed on
snowmobiles by this state or any political subdivision thereof, and no
city, county, or other municipality, and no state agency shall
hereafter impose any other registration or license fee on any
snowmobile in this state.
(6) The department shall make available a pair of uniform decals
consistent with the provisions of RCW 46.10.070. In addition to the
registration fee provided in this section the department shall charge
each applicant for registration the actual cost of the decal. The
department shall make available replacement decals for a fee equivalent
to the actual cost of the decals.
(1) The application for an original snowmobile registration has the
same requirements as described for original vehicle registrations in
RCW 46.16.040 (as recodified by this act) and must be accompanied by
the annual snowmobile registration fee required under section 531 of
this act, in addition to any other fees and taxes due at the time of
application.
(2) The application for renewal of a snowmobile registration has
the same requirements as described for the renewal of vehicle
registrations in RCW 46.16.210 (as recodified by this act) and must be
accompanied by the annual snowmobile registration fee required under
section 531 of this act, in addition to any other fees or taxes due at
the time of application.
(3) The snowmobile registration is valid for one year and must be
renewed each year thereafter as determined by the department.
(4) A person who acquires a snowmobile that has a valid snowmobile
registration must:
(a) Apply to the department, county auditor or other agent, or
subagent appointed by the director for a transfer of the snowmobile
registration within ten days of taking possession of the snowmobile;
and
(b) Pay the snowmobile registration transfer fee required under
section 537 of this act, in addition to any other fees or taxes due at
the time of application.
(5) The department shall issue a snowmobile registration and
snowmobile decals upon receipt of:
(a) A properly completed application for an original snowmobile
registration; and
(b) The payment of all fees and taxes due at the time of
application.
(6) The snowmobile registration must be carried on the vehicle for
which it was issued at all times during its operation in this state.
(7) Snowmobile decals must be affixed to the snowmobile as provided
in RCW 46.10.070 (as recodified by this act).
(8) Snowmobile registration fees provided in this section and in
section 531 of this act are in lieu of any personal property or excise
tax imposed on snowmobiles by this state or any political subdivision.
A state agency, city, county, or other municipality may not impose
other registration fees on a snowmobile in this state.
NEW SECTION. Sec. 229 A new section is added to chapter 46.10
RCW under the subchapter heading "registration and permits" to read as
follows:
(1) The application for a nonresident temporary snowmobile permit
must be made by the snowmobile owner or the owner's authorized
representative to the department, county auditor or other agent, or
subagent appointed by the director on a form furnished or approved by
the department. The application must contain:
(a) The name and address of each owner of the snowmobile; and
(b) Other information the department may require.
(2) The snowmobile owner or the owner's authorized representative
shall sign the application for a nonresident temporary snowmobile
permit.
(3) The application for a nonresident temporary snowmobile permit
must be accompanied by the nonresident temporary snowmobile permit fee
required under section 535 of this act, in addition to any other fees
or taxes due at the time of application.
(4) Nonresident temporary snowmobile permits:
(a) Are available for snowmobiles owned by residents of another
state or Canadian province where registration is not required by law;
(b) Are valid for not more than sixty days; and
(c) Must be carried on the snowmobile at all times during its
operation in this state.
Sec. 230 RCW 46.10.043 and 1982 c 17 s 3 are each amended to read
as follows:
((Each snowmobile dealer registered pursuant to the provisions of
RCW 46.10.050 shall register the snowmobile or, in the event the
snowmobile is currently registered, transfer the registration to the
new owner prior to delivering the snowmobile to that new owner
subsequent to the sale thereof by the dealer. Applications for
registration and transfer of registration of snowmobiles shall be made
to agents of the department authorized as such in accordance with RCW
46.01.140 and 46.01.150 as now or hereafter amended.))
All registrations for snowmobiles must be valid for the current
registration period prior to the transfer of any registration,
including assignment to a dealer. Upon the sale of a snowmobile by a
dealer, the dealer may issue a temporary registration as provided by
rules adopted by the department.
A snowmobile registration must be valid for the current
registration period before transfer of the registration, including
assignment to a dealer.
Sec. 231 RCW 46.10.050 and 1990 c 250 s 26 are each amended to
read as follows:
(1) Each dealer of snowmobiles in this state shall ((register
with)) obtain a snowmobile dealer license from the department in
((such)) a manner ((and upon such forms as)) prescribed by the
department ((shall prescribe)). Upon receipt of an application for a
snowmobile dealer's ((application for registration)) license and the
((registration)) fee provided ((for)) in subsection (2) of this
section, ((such)) the dealer ((shall be registered)) is licensed and a
((registration)) snowmobile dealer license number must be assigned.
(2) The ((registration)) annual license fee for a snowmobile
dealer((s shall be)) is twenty-five dollars ((per year, and such fee
shall)), which covers all of the snowmobiles offered by a dealer for
sale and not rented on a regular, commercial basis((: PROVIDED,
That)). Snowmobiles rented on a regular commercial basis by a
snowmobile dealer ((shall)) must be registered separately under ((the
provisions of)) RCW 46.10.020, 46.10.040, 46.10.060, and 46.10.070 (as
recodified by this act).
(3) Upon ((registration each dealer)) the issuance of a snowmobile
dealer license, a snowmobile dealer may purchase, at a cost to be
determined by the department, snowmobile dealer ((number)) license
plates of a size and color to be determined by the department((, which
shall)). The snowmobile dealer license plates must contain the
((registration)) snowmobile license number assigned to ((that)) the
dealer. Each snowmobile operated by a dealer, dealer representative,
or prospective customer for the purposes of demonstration or testing
shall display ((such number)) snowmobile dealer license plates in a
clearly visible manner.
(4) ((No person other than)) Only a dealer, dealer representative,
or prospective customer ((shall)) may display a snowmobile dealer
((number)) plate, and ((no)) only a dealer, dealer representative, or
prospective customer ((shall)) may use a snowmobile dealer's ((number))
license plate for ((any purpose other than)) the purposes described in
subsection (3) of this section.
(5) Snowmobile dealer ((registration numbers)) licenses are
nontransferable.
(6) It is unlawful for any snowmobile dealer to sell ((any)) a
snowmobile at wholesale or retail, or to test or demonstrate any
snowmobile, within the state, unless ((registered in accordance with
the provisions of this section)) the dealer has a snowmobile dealer
license as required under this section.
(7) When a snowmobile is sold by a snowmobile dealer, the dealer:
(a) Shall apply for licensing in the purchaser's name within
fifteen days following the sale; and
(b) May issue a temporary license as provided by rules adopted by
the department.
Sec. 232 RCW 46.10.055 and 1982 c 17 s 4 are each amended to read
as follows:
The director may by order deny, suspend, or revoke the
((registration)) license of any snowmobile dealer or, in lieu thereof
or in addition thereto, may by order assess monetary civil penalties
not to exceed five hundred dollars per violation, if the director finds
that the order is in the public interest and that the applicant or
((registrant)) licensee, or any partner, officer, director, or owner of
ten percent of the assets of the firm, or any employee or agent:
(1) Has failed to comply with the applicable provisions of this
chapter or any rules adopted under this chapter; or
(2) Has failed to pay any monetary civil penalty assessed by the
director under this section within ten days after the assessment
becomes final.
Sec. 233 RCW 46.10.060 and 1971 ex.s. c 29 s 6 are each amended
to read as follows:
((The registration number)) (1) Snowmobile decals assigned to a
snowmobile in this state at the time of its original registration
((shall)) must remain with that snowmobile until the ((vehicle))
snowmobile is destroyed, abandoned, or permanently removed from this
state, or until changed or terminated by the department.
(2) The department shall((, upon assignment of such registration
number,)) issue and deliver to the snowmobile owner ((a certificate
of)) upon proper application:
(a) A registration certificate, in ((such)) a form as prescribed by
the department ((shall prescribe)). The ((certificate of))
registration ((shall)) certificate is not ((be)) valid unless it is
signed by the person who signed the application for registration((.)); and
At the time of the original registration, and at the time of each
subsequent renewal thereof, the department shall issue to the
registrant a date tag or tags indicating the validity of the current
registration and the expiration date thereof, which validating date,
tag, or tags shall
(b) License tabs showing the current expiration of the snowmobile
registration. The license tabs must be affixed to the snowmobile ((in
such manner)) as prescribed by the department ((may prescribe.
Notwithstanding the fact that a snowmobile has been assigned a
registration number, it shall not be considered as validly registered
within the meaning of this section unless a validating date tag and
current registration certificate has been issued)).
(3) A snowmobile is not properly registered unless license tabs and
a current registration certificate have been issued.
Sec. 234 RCW 46.10.070 and 1973 1st ex.s. c 128 s 2 are each
amended to read as follows:
((The registration number)) (1) Snowmobile decals assigned to each
snowmobile ((shall)) must be:
(a) Permanently affixed to and displayed upon each snowmobile ((in
such manner)) as provided by rules adopted by the department((,)); and
((shall be))
(b) Maintained in a legible condition((; except)).
(2) Dealer number license plates as provided for in RCW 46.10.050
(as recodified by this act) may be temporarily affixed.
(3) The department shall make available a pair of identical
snowmobile decals consistent with subsection (1) of this section. The
decals serve the same function as license plates for vehicles
registered under chapter 46.16 RCW. The department shall charge each
applicant for an original registration the actual cost of the
snowmobile decal. The department shall make available replacement
snowmobile decals for a fee equivalent to the actual cost of the
snowmobile decals.
Sec. 235 RCW 46.10.220 and 1994 c 264 s 38 are each amended to
read as follows:
(1) There is created in the Washington state parks and recreation
commission a snowmobile advisory committee to advise the commission
regarding the administration of this chapter.
(2) The purpose of the committee is to assist and advise the
commission in the planned development of snowmobile facilities and
programs.
(3) The committee shall consist of:
(a) Six interested snowmobilers, appointed by the commission; each
such member shall be a resident of one of the six geographical areas
throughout this state where snowmobile activity occurs, as defined by
the commission;
(b) Three representatives of the nonsnowmobiling public, appointed
by the commission; and
(c) One representative of the department of natural resources, one
representative of the department of fish and wildlife, and one
representative of the Washington state association of counties; each of
whom shall be appointed by the director of such department or
association.
(4) Terms of the members appointed under subsection (3)(a) and (b)
of this section shall commence on October 1st of the year of
appointment and shall be for three years or until a successor is
appointed, except in the case of appointments to fill vacancies which
shall be for the remainder of the unexpired term: PROVIDED, That the
first such members shall be appointed for terms as follows: Three
members shall be appointed for one year, three members shall be
appointed for two years, and three members shall be appointed for three
years.
(5) Members of the committee shall be reimbursed for travel
expenses as provided in RCW 43.03.050 and 43.03.060. Expenditures
under this subsection shall be from the snowmobile account created by
RCW 46.10.075 (as recodified by this act).
(6) The committee may meet at times and places fixed by the
committee. The committee shall meet not less than twice each year and
additionally as required by the committee chairman or by majority vote
of the committee. One of the meetings shall be coincident with a
meeting of the commission at which the committee shall provide a report
to the commission. The chairman of the committee shall be chosen under
procedures adopted by the committee from those members appointed under
subsection (3)(a) and (b) of this section.
(7) The Washington state parks and recreation commission shall
serve as recording secretary to the committee. A representative of the
department of licensing shall serve as an ex officio member of the
committee and shall be notified of all meetings of the committee. The
recording secretary and the ex officio member shall be nonvoting
members.
(8) The committee shall adopt procedures to govern its proceedings.
NEW SECTION. Sec. 236 The following acts or parts of acts are
each repealed:
(1) RCW 46.09.085 (Selling ORV without use permit) and 2004 c 105
s 10; and
(2) RCW 46.10.080 (Distribution of snowmobile registration fees,
civil penalties, and fuel tax moneys) and 1982 c 17 s 7, 1979 ex.s. c
182 s 8, 1975 1st ex.s. c 181 s 2, 1973 1st ex.s. c 128 s 3, 1972 ex.s.
c 153 s 22, & 1971 ex.s. c 29 s 8.
Sec. 301 RCW 46.12.010 and 1997 c 241 s 3 are each amended to
read as follows:
((It shall be unlawful for any person to operate any vehicle in
this state under a certificate of license registration of this state
without securing and having in full force and effect a certificate of
ownership therefor that contains the name of the registered owner
exactly as it appears on the certificate of license registration and it
shall further be unlawful for any person to sell or transfer any
vehicle without complying with all the provisions of this chapter
relating to certificates of ownership and license registration of
vehicles: PROVIDED, No certificate of title need be obtained for a
vehicle owned by a manufacturer or dealer and held for sale, even
though incidentally moved on the highway or used for purposes of
testing and demonstration, or a vehicle used by a manufacturer solely
for testing: PROVIDED, That a security interest in a vehicle held as
inventory by a manufacturer or dealer shall be perfected in accordance
with RCW 62A.9-302(1) and no endorsement on the certificate of title
shall be necessary for perfection: AND PROVIDED FURTHER, That nothing
in this title shall be construed to prevent any person entitled thereto
from securing a certificate of ownership upon a vehicle without
securing a certificate of license registration and vehicle license
plates, when, in the judgment of the director of licensing, it is
proper to do so.))
(1) A person shall not:
(a) Operate a vehicle in this state with a registration certificate
issued by the department without having a certificate of title for the
vehicle that contains the name of the registered owner exactly as it
appears on the registration certificate; or
(b) Sell or transfer a vehicle without complying with the
provisions of this chapter relating to certificates of title and
vehicle registration.
(2) A certificate of title does not need to be obtained for a
vehicle owned by a manufacturer or dealer and held for sale, even
though incidentally moved on the highway or used for purposes of
testing and demonstration, or for a vehicle used by a manufacturer or
dealer solely for testing. A security interest in a vehicle held as
inventory by a manufacturer or dealer must be perfected as described in
chapter 62A.9A RCW. An endorsement is not required on certificates of
title held by a manufacturer or dealer to perfect the security
interest. A certificate of title may be issued for any vehicle without
the vehicle needing to be registered.
Sec. 302 RCW 46.12.030 and 2007 c 420 s 1 are each amended to
read as follows:
(((1) The application for a certificate of ownership shall be upon
a form furnished or approved by the department and shall contain:))
(a) A full description of the vehicle, which shall contain the
proper vehicle identification number, the number of miles indicated on
the odometer at the time of delivery of the vehicle, and any
distinguishing marks of identification;
(b) The name and address of the person who is to be the registered
owner of the vehicle and, if the vehicle is subject to a security
interest, the name and address of the secured party;
(c) Such other information as the department may require.
(2) The department may in any instance, in addition to the
information required on the application, require additional information
and a physical examination of the vehicle or of any class of vehicles,
or either.
(3)(a) A physical examination of the vehicle is mandatory if (i) it
has been rebuilt after surrender of the certificate of ownership to the
department under RCW 46.12.070 due to the vehicle's destruction or
declaration as a total loss and (ii) it is not retained by the
registered owner at the time of the vehicle's destruction or
declaration as a total loss. The inspection must verify that the
vehicle identification number is genuine and agrees with the number
shown on the title and registration certificate. The inspection must
be made by a member of the Washington state patrol or other person
authorized by the department to make such inspections.
(b)(i) A physical examination of the vehicle is mandatory if the
vehicle was declared totaled or salvage under the laws of this state,
or the vehicle is presented with documents from another state showing
the vehicle was totaled or salvage and has not been reissued a valid
registration from that state after the declaration of total loss or
salvage.
(ii) The inspection must verify that the vehicle identification
number is genuine and agrees with the number shown on the original
documents supporting the vehicle purchase or ownership.
(iii) A Washington state patrol VIN specialist must ensure that all
major component parts used for the reconstruction of a salvage or
rebuildable vehicle were obtained legally. Original invoices for new
and used parts must be from a vendor that is registered with the
department of revenue for the collection of retail sales or use taxes
or comparable agency in the jurisdiction where the major component
parts were purchased. The invoices must include the name and address
of the business, a description of the part or parts sold, the date of
sale, and the amount of sale to include all taxes paid unless exempted
by the department of revenue or comparable agency in the jurisdiction
where the major component parts were purchased. Original invoices for
used parts must be from a vehicle wrecker licensed under chapter 46.80
RCW or a comparable business in the jurisdiction outside Washington
state where the major component part was purchased. If the parts or
components were purchased from a private individual, the private
individual must have title to the vehicle the parts were taken from,
except as provided by RCW 46.04.3815, and the bill of sale for the
parts must be notarized. The bills of sale must include the names and
addresses of the sellers and purchasers, a description of the vehicle,
the part or parts being sold, including the make, model, year, and
identification or serial number, that date of sale, and the purchase
price of the vehicle or part or parts. If the presenter is unable to
provide an acceptable release of interest or proof of ownership for a
vehicle or major component part as described above, an inspection must
be completed for ownership-in-doubt purposes as prescribed by WAC 308-56A-210.
(iv) A vehicle presented for inspection must have all damaged major
component parts replaced or repaired to meet RCW and WAC requirements
before inspection of the salvage vehicle by the Washington state
patrol.
(4) To the extent that the Washington state patrol has a backlog of
vehicle inspections that it is to perform under this section, chapter
420, Laws of 2007 shall not be construed to reduce the vehicle
inspection workload of the Washington state patrol.
(5) Rebuilt or salvage vehicles licensed in Washington must meet
the requirements found under chapter 46.37 RCW to be driven upon public
roadways.
(6) The application shall be subscribed by the person applying to
be the registered owner and be sworn to by that applicant in the manner
described by RCW 9A.72.085. The department shall retain the
application in either the original, computer, or photostatic form.
(1) The application for a certificate of title of a vehicle must be
made by the owner or owner's representative to the department, county
auditor or other agent, or subagent appointed by the director on a form
furnished or approved by the department and must contain:
(a) A description of the vehicle, including make, model, vehicle
identification number, type of body, and the odometer reading at the
time of delivery of the vehicle;
(b) The name and address of the person who is to be the registered
owner of the vehicle and, if the vehicle is subject to a security
interest, the name and address of the secured party; and
(c) Other information the department may require.
(2) The department may require additional information and a
physical examination of the vehicle or of any class of vehicles, or
either.
(3) The application for a certificate of title must be signed by
the person applying to be the registered owner and be sworn to by that
person in the manner described under RCW 9A.72.085. The department
shall keep the application in the original, computer, or photostatic
form.
(4) The application for an original certificate of title must be
accompanied by:
(a) A draft, money order, certified bank check, or cash for all
fees and taxes due for the application for certificate of title; and
(b) The most recent certificate of title or other satisfactory
evidence of ownership.
(5) Once issued, a certificate of title is not subject to renewal.
NEW SECTION. Sec. 303 A new section is added to chapter 46.12
RCW under the subchapter heading "general provisions" to read as
follows:
(1)(a) Before accepting an application for a certificate of title,
the department, county auditor or other agent, or subagent appointed by
the director shall require an applicant to provide a certificate of
vehicle inspection completed by the Washington state patrol or other
authorized inspector if the vehicle:
(i) Was declared a total loss or salvage vehicle under the laws of
this state;
(ii) Has been rebuilt after the certificate of title was returned
to the department under RCW 46.12.070 (as recodified by this act) and
the vehicle was not kept by the registered owner at the time of the
vehicle's destruction or declaration as a total loss; or
(iii) Is presented with documents from another state showing that
the vehicle was a total loss or salvage vehicle and has not been
reissued a valid registration certificate from that state after the
declaration of total loss or salvage.
(b) A vehicle presented for inspection must have all damaged major
component parts replaced or repaired to meet all requirements in law
and rule before the Washington state patrol will inspect the vehicle.
The inspection must verify that the vehicle identification number is
genuine and agrees with the number shown on the certificate of title
and registration certificate.
(c) A Washington state patrol vehicle identification number
specialist must ensure that all major component parts used for the
reconstruction of a salvage or rebuilt vehicle were obtained legally,
and must securely attach a marking at the driver's door latch pillar
indicating the vehicle was previously destroyed or declared a total
loss. It is a class C felony for a person to remove the marking
indicating that the vehicle was previously destroyed or declared a
total loss.
(2) A person presenting a vehicle for inspection under subsection
(1) of this section must provide original invoices for new and used
parts from:
(a) A vendor that is registered with the department of revenue or
a comparable agency in the jurisdiction where the major component parts
were purchased for the collection of retail sales or use taxes. The
invoices must include:
(i) The name and address of the business;
(ii) A description of the part or parts sold;
(iii) The date of sale; and
(iv) The amount of sale to include all taxes paid unless exempted
by the department of revenue or a comparable agency in the jurisdiction
where the major component parts were purchased;
(b) A vehicle wrecker licensed under chapter 46.80 RCW or a
comparable business in the jurisdiction outside Washington state where
the major component part was purchased; and
(c) Private individuals. The private individual must have the
certificate of title to the vehicle where the parts were taken from
unless the parts were obtained from a parts car, as defined in RCW
46.04.3815, owned by a collector. Bills of sale for parts must be
notarized and include:
(i) The names and addresses of the sellers and purchasers;
(ii) A description of the vehicle and the part or parts being sold,
including the make, model, year, and identification or serial number;
(iii) The date of sale; and
(iv) The purchase price of the vehicle part or parts.
(3) A person presenting a vehicle for inspection under this section
who is unable to provide an acceptable release of interest or proof of
ownership for a vehicle or major component part as described in this
section shall apply for an ownership in doubt application described in
RCW 46.12.151 (as recodified by this act).
(4)(a) Before accepting an application for a certificate of title,
the department, county auditor or other agent, or subagent appointed by
the director shall require an applicant to provide a certificate of
vehicle inspection completed by the Washington state patrol or other
authorized inspector when the application is for a vehicle being titled
for the first time as:
(i) Assembled;
(ii) Glider kit;
(iii) Homemade;
(iv) Kit vehicle;
(v) Street rod; or
(vi) Subject to ownership in doubt under RCW 46.12.151 (as
recodified by this act).
(b) The inspection must verify that the vehicle identification
number is genuine and agrees with the number shown on the certificate
of title and registration certificate.
(5)(a) Before accepting an application for a certificate of title,
the department, county auditor or other agent, or subagent appointed by
the director shall require an applicant to provide a certificate of
vehicle inspection completed by the Washington state patrol when the
application is for a vehicle with a vehicle identification number that
has been:
(i) Altered;
(ii) Defaced;
(iii) Obliterated;
(iv) Omitted;
(v) Removed; or
(vi) Otherwise absent.
(b) The application must include payment of the fee required in
section 515 of this act.
(c) The Washington state patrol shall assign a new vehicle
identification number to the vehicle and place or stamp the new number
in a conspicuous position on the vehicle.
(d) The department shall use the new vehicle identification number
assigned by the Washington state patrol as the official vehicle
identification number assigned to the vehicle.
(6) The department may adopt rules as necessary to implement this
section.
Sec. 304 RCW 46.12.047 and 2002 c 246 s 1 are each amended to
read as follows:
The department shall institute software and systems modifications
to enable a WACIC/NCIC stolen vehicle search of out-of-state vehicles
as part of the application for a certificate of title transaction.
During the stolen vehicle search, if the information obtained indicates
the vehicle is stolen, ((that information)) the department shall ((be))
immediately ((reported)) report that the vehicle is stolen to the
Washington state patrol and the applicant ((shall)) must not be issued
a certificate of ((ownership)) title for the vehicle. Vehicles for
which the stolen vehicle check is negative ((shall)) must be issued a
certificate of ((ownership)) title if the department is satisfied that
all other requirements have been met.
Sec. 305 RCW 46.12.050 and 1996 c 26 s 2 are each amended to read
as follows:
((The department, if satisfied from the statements upon the
application that the applicant is the legal owner of the vehicle or
otherwise entitled to have a certificate of ownership thereof in the
applicant's name, shall issue an appropriate electronic record of
ownership or a written certificate of ownership, over the director's
signature, authenticated by seal, and if required, a new written
certificate of license registration if certificate of license
registration is required.))
The certificates of ownership and the certificates of license
registration shall contain upon the face thereof, the date of
application, the registration number assigned to the registered owner
and to the vehicle, the name and address of the registered owner and
legal owner, the vehicle identification number, and such other
description of the vehicle and facts as the department shall require,
and in addition thereto, if the vehicle described in such certificates
shall have ever been licensed and operated as an exempt vehicle or a
taxicab, or if it has been rebuilt after becoming a salvage vehicle,
such fact shall be clearly shown thereon.
All certificates of ownership of motor vehicles issued after April
30, 1990, shall reflect the odometer reading as provided by the
odometer disclosure statement submitted with the title application
involving a transfer of ownership.
A blank space shall be provided on the face of the certificate of
license registration for the signature of the registered owner.
Upon issuance of the certificate of license registration and
certificate of ownership and upon any reissue thereof, the department
shall deliver the certificate of license registration to the registered
owner and the certificate of ownership to the legal owner, or both to
the person who is both the registered owner and legal owner.
(1) The department shall issue an electronic record of ownership or
a written certificate of title if the department is satisfied from the
statements on the application that the applicant is the legal owner of
the vehicle or otherwise entitled to have a certificate of title in the
applicant's name.
(2) Each certificate of title issued by the department must
contain:
(a) The date of application;
(b) The certificate of title number assigned to the vehicle;
(c) The name and address of the registered owner and legal owner;
(d) The vehicle identification number;
(e) The mileage reading, if required, as provided by the odometer
disclosure statement submitted with the application involving a
transfer of ownership;
(f) A notation that the recorded mileage is actual, not actual, or
exceeds mechanical limits;
(g) A blank space on the face of the certificate of title for the
signature of the registered owner;
(h) Information on whether the vehicle was ever registered and
operated as an exempt vehicle or taxicab;
(i) A brand conspicuously shown across its front if indicating that
the vehicle has been rebuilt after becoming a salvage vehicle;
(j) The director's signature and the seal of the department; and
(k) Any other description of the vehicle and facts the department
may require.
(3) The department shall deliver the registration certificate to
the registered owner and the certificate of title to the legal owner,
or both to the person who is both the registered owner and legal owner.
Sec. 306 RCW 46.12.070 and 2003 c 53 s 235 are each amended to
read as follows:
(((1) Upon the destruction of any vehicle issued a certificate of
ownership under this chapter or a license registration under chapter
46.16 RCW, the registered owner and the legal owner shall forthwith and
within fifteen days thereafter forward and surrender the certificate to
the department, together with a statement of the reason for the
surrender and the date and place of destruction. Failure to notify the
department or the possession by any person of any such certificate for
a vehicle so destroyed, after fifteen days following its destruction,
is prima facie evidence of violation of the provisions of this chapter
and constitutes a gross misdemeanor.))
(2) Any insurance company settling an insurance claim on a vehicle
that has been issued a certificate of ownership under this chapter or
a certificate of license registration under chapter 46.16 RCW as a
total loss, less salvage value, shall notify the department thereof
within fifteen days after the settlement of the claim. Notification
shall be provided regardless of where or in what jurisdiction the total
loss occurred.
(3) For a motor vehicle having a model year designation at least
six years before the calendar year of destruction, the notification to
the department must include a statement of whether the retail fair
market value of the motor vehicle immediately before the destruction
was at least the then market value threshold amount as defined in RCW
46.12.005.
(1)(a) The registered owner or legal owner shall:
(i) Report the destruction of the vehicle issued a certificate of
title or registration certificate to the department within fifteen days
of its destruction; and
(ii) Submit the certificate of title or affidavit in lieu of title
marked "DESTROYED." The registered owner's name, address, and the date
of destruction must be clearly shown on the certificate of title or
affidavit in lieu of title.
(b) It is a gross misdemeanor to fail to notify the department and
be in possession of a certificate of title of a destroyed vehicle on
the sixteenth day after the vehicle is destroyed and each day
thereafter.
(2) The insurance company or self-insurer shall report the
destruction or total loss of vehicles issued a certificate of title or
registration certificate to the department within fifteen days after
the settlement claim. The report must be submitted regardless of where
or in what jurisdiction the total loss occurred. An insurer shall
report total loss vehicles to the department in any of the following
manners:
(a) Electronically through the department's online reporting
system. An insurer choosing this option must immediately destroy
ownership documents after filing the electronic report;
(b) Submitting the certificate of title or affidavit in lieu of
title marked "DESTROYED." The insurer's name, address, and the date of
loss must be clearly shown on the certificate of title or affidavit in
lieu of title; or
(c) Submitting a properly completed total loss claim settlement
form provided by the department.
(3) The registered owner, legal owner, or insurer reporting the
destruction or total loss of a motor vehicle six years old or older
must include a statement on whether the fair market value of the motor
vehicle immediately before its destruction was at least equal to the
market value threshold. The age of the motor vehicle is determined by
subtracting the model year from the current calendar year.
(4) Beginning January 1, 2011, the market value threshold is six
thousand seven hundred ninety dollars or a greater amount as set by
rule of the department. The department shall:
(a) Increase the market value threshold amount:
(i) When the consumer price index for all urban consumers, compiled
by the bureau of labor statistics, United States department of labor,
or its successor, for the west region, in the expenditure category
"used cars and trucks," shows an annual average increase over the
previous year;
(ii) By the same percentage increase of the annual average shown in
the consumer price index; and
(iii) On July 1st of the year immediately following the year with
the increase of the annual average;
(b) Round each increase of the market value threshold to the
nearest ten dollars;
(c) Not increase the market value threshold amount if the amount of
the increase would be less than fifty dollars; and
(d) Carry forward any unmade increases to succeeding years until
the cumulative increase is at least fifty dollars.
Sec. 307 RCW 46.12.080 and 2002 c 352 s 4 are each amended to
read as follows:
((Any person holding the certificate of ownership for a motorcycle
or any vehicle registered by its motor number in which there has been
installed a new or different motor than that with which it was issued
certificates of ownership and license registration shall forthwith and
within five days after such installation forward and surrender such
certificates to the department, together with an application for issue
of corrected certificates of ownership and license registration and a
fee of five dollars, and a statement of the disposition of the former
motor. The possession by any person of any such certificates for such
vehicle in which a new or different motor has been installed, after
five days following such installation, shall be prima facie evidence of
a violation of the provisions of this chapter and shall constitute a
misdemeanor.))
(1) A person shall apply for a new certificate of title for any
motor vehicle registered by its motor number when:
(a) A new or different motor has been installed; and
(b) The most recent certificate of title issued for the motor
vehicle has recorded on it the previous motor number.
(2) The application for a new certificate of title required in
subsection (1) of this section must:
(a) Be made within five days after installation of the new motor;
(b) Be made by the owner or owner's authorized representative to
the department, county auditor or other agent, or subagent;
(c) Require the most recent certificate of title to be returned to
the department;
(d) Include a statement of the disposition of the former motor; and
(e) Include the fee required under section 508 of this act in
addition to any other fee or tax required by law.
(3) A person who possesses a certificate of title that shows the
previous motor number for a motor vehicle in which a new or different
motor has been installed, after five days following the installation of
the new motor, is in violation of this chapter. A violation of this
section constitutes a misdemeanor.
NEW SECTION. Sec. 308 A new section is added to chapter 46.12
RCW under the subchapter heading "general provisions" to read as
follows:
(1) A local health officer may notify the department that a vehicle
has been:
(a) Declared unfit and prohibited from use as authorized in chapter
64.44 RCW if the vehicle has become contaminated as defined in RCW
64.44.010;
(b) Satisfactorily decontaminated and retested according to the
written work plan approved by the local health officer.
(2) The department shall brand vehicle records and certificates of
title when it receives the notification from a local health officer as
provided in subsection (1) of this section.
(3) A person is guilty of a gross misdemeanor if he or she
advertises for sale or sells a vehicle that has been declared unfit and
prohibited from use by a local health officer if:
(a) The person has knowledge that the local health officer has
issued an order declaring the vehicle unfit and prohibiting its use; or
(b) A notification has been placed on the certificate of title
under subsection (2) of this section that the vehicle has been declared
unfit and prohibited from use.
(4) A person may advertise or sell a vehicle if a release for reuse
document has been issued by a local health officer under chapter 64.44
RCW or a notification has been placed on the certificate of title under
subsection (2) of this section that the vehicle has been decontaminated
and released for reuse.
Sec. 309 RCW 46.12.101 and 2008 c 316 s 1 are each amended to
read as follows:
((A transfer of ownership in a motor vehicle is perfected by
compliance with the requirements of this section.))
(1)(a) If an owner transfers his or her interest in a vehicle,
other than by the creation, deletion, or change of a security interest,
the owner shall, at the time of the delivery of the vehicle, execute an
assignment to the transferee and provide an odometer disclosure
statement under RCW 46.12.124 on the certificate of ownership or as the
department otherwise prescribes, and cause the certificate and
assignment to be transmitted to the transferee. The owner shall notify
the department or its agents or subagents, in writing, on the
appropriate form, of the date of the sale or transfer, the name and
address of the owner and of the transferee, the transferee's driver's
license number if available, and such description of the vehicle,
including the vehicle identification number, as may be required in the
appropriate form provided or approved for that purpose by the
department. The report of sale will be deemed properly filed if all
information required in this section is provided on the form and
includes a department-authorized notation that the document was
received by the department, its agents, or subagents on or before the
fifth day after the sale of the vehicle, excluding Saturdays, Sundays,
and state and federal holidays. Agents and subagents shall immediately
electronically transmit the seller's report of sale to the department.
Reports of sale processed and recorded by the department's agents or
subagents may be subject to fees as specified in RCW 46.01.140 (4)(a)
or (5)(b). By January 1, 2003, the department shall create a system
enabling the seller of a vehicle to transmit the report of sale
electronically. The system created by the department must immediately
indicate on the department's vehicle record that a seller's report of
sale has been filed.
(b) By January 1, 2008, the department shall provide instructions
on release of interest forms that allow the seller of a vehicle to
release his or her interest in a vehicle at the same time a financial
institution, as defined in RCW 30.22.040, releases its lien on the
vehicle.
(2) The requirements of subsection (1) of this section to provide
an odometer disclosure statement apply to the transfer of vehicles held
for lease when transferred to a lessee and then to the lessor at the
end of the leasehold and to vehicles held in a fleet when transferred
to a purchaser.
(3) Except as provided in RCW 46.70.122 the transferee shall within
fifteen days after delivery to the transferee of the vehicle, execute
the application for a new certificate of ownership in the same space
provided therefor on the certificate or as the department prescribes,
and cause the certificates and application to be transmitted to the
department accompanied by a fee of five dollars in addition to any
other fees required.
(4) Upon request of the owner or transferee, a secured party in
possession of the certificate of ownership shall, unless the transfer
was a breach of its security agreement, either deliver the certificate
to the transferee for transmission to the department or, when the
secured party receives the owner's assignment from the transferee, it
shall transmit the transferee's application for a new certificate, the
existing certificate, and the required fee to the department.
Compliance with this section does not affect the rights of the secured
party.
(5) If a security interest is reserved or created at the time of
the transfer, the certificate of ownership shall be retained by or
delivered to the person who becomes the secured party, and the parties
shall comply with the provisions of RCW 46.12.170.
(6) If the purchaser or transferee fails or neglects to make
application to transfer the certificate of ownership and license
registration within fifteen days after the date of delivery of the
vehicle, he or she shall on making application for transfer be assessed
a twenty-five dollar penalty on the sixteenth day and two dollars
additional for each day thereafter, but not to exceed one hundred
dollars. The director may by rule establish conditions under which the
penalty will not be assessed when an application for transfer is
delayed for reasons beyond the control of the purchaser. Conditions
for not assessing the penalty may be established for but not limited to
delays caused by:
(a) The department requesting additional supporting documents;
(b) Extended hospitalization or illness of the purchaser;
(c) Failure of a legal owner to release his or her interest;
(d) Failure, negligence, or nonperformance of the department,
auditor, or subagent;
(e) The transferee had no knowledge of the filing of the vehicle
report of sale and signs an affidavit to the fact.
Failure or neglect to make application to transfer the certificate
of ownership and license registration within forty-five days after the
date of delivery of the vehicle is a misdemeanor and a continuing
offense for each day during which the purchaser or transferee does not
make application to transfer the certificate of ownership and license
registration. Despite the continuing nature of this offense, it shall
be considered a single offense, regardless of the number of days that
have elapsed following the forty-five day time period.
(7) Upon receipt of an application for reissue or replacement of a
certificate of ownership and transfer of license registration,
accompanied by the endorsed certificate of ownership or other
documentary evidence as is deemed necessary, the department shall, if
the application is in order and if all provisions relating to the
certificate of ownership and license registration have been complied
with, issue new certificates of title and license registration as in
the case of an original issue and shall transmit the fees together with
an itemized detailed report to the state treasurer.
(8) Once each quarter the department shall report to the department
of revenue a list of those vehicles for which a seller's report has
been received but no transfer of title has taken place.
(1) Releasing interest. An owner releasing interest in a vehicle
shall:
(a) Sign the release of interest section provided on the
certificate of title or on a release of interest document or form
approved by the department;
(b) Give the certificate of title or most recent evidence of
ownership to the person gaining the interest in the vehicle;
(c) Give the person gaining interest in the vehicle an odometer
disclosure statement if one is required; and
(d) Report the vehicle sold as provided in subsection (2) of this
section.
(2) Report of sale. An owner shall notify the department, county
auditor or other agent, or subagent appointed by the director in
writing within five business days after a vehicle is or has been:
(a) Sold;
(b) Given as a gift to another person;
(c) Traded, either privately or to a dealership;
(d) Donated to charity;
(e) Turned over to an insurance company or wrecking yard; or
(f) Disposed of.
(3) Report of sale properly filed. A report of sale is properly
filed if it is received by the department, county auditor or other
agent, or subagent appointed by the director within five business days
after the date of sale or transfer and it includes:
(a) The date of sale or transfer;
(b) The owner's name and address;
(c) The name and address of the person acquiring the vehicle;
(d) The vehicle identification number and license plate number;
(e) A date or stamp by the department showing it was received on or
before the fifth business day after the date of sale or transfer; and
(f) Payment of the fees required under section 505 of this act if
the report of sale is processed by a county auditor or other agent or
subagent appointed by the director.
(4) Report of sale - administration. The department shall:
(a) Provide or approve reports of sale forms;
(b) Provide a system enabling an owner to submit reports of sale
electronically;
(c) Immediately update the department's vehicle record when a
report of sale has been filed;
(d) Provide instructions on release of interest forms that allow
the seller of a vehicle to release their interest in a vehicle at the
same time a financial institution, as defined in RCW 30.22.040,
releases its lien on the vehicle; and
(e) Send a report to the department of revenue that lists vehicles
for which a report of sale has been received but no transfer of
ownership has taken place. The department shall send the report once
each quarter.
(5)(a) Transferring ownership. A person who has recently acquired
a vehicle by purchase, exchange, gift, lease, inheritance, or legal
action shall apply to the department, county auditor or other agent, or
subagent appointed by the director for a new certificate of title
within fifteen days of delivery of the vehicle. A secured party who
has possession of the certificate of title shall either:
(i) Apply for a new certificate of title on behalf of the owner and
pay the fee required under section 508 of this act; or
(ii) Provide all required documents to the owner, as long as the
transfer was not a breach of its security agreement, to allow the owner
to apply for a new certificate of title.
(b) Compliance with this subsection does not affect the rights of
the secured party.
(6) Certificate of title delivered to secured party. The
certificate of title must be kept by or delivered to the person who
becomes the secured party when a security interest is reserved or
created at the time of the transfer of ownership. The parties must
comply with RCW 46.12.170 (as recodified by this act).
(7) Penalty for late transfer. A person who has recently acquired
a motor vehicle by purchase, exchange, gift, lease, inheritance, or
legal action who does not apply for a new certificate of title within
fifteen calendar days of delivery of the vehicle is charged a penalty,
as described in section 512 of this act, when applying for a new
certificate of title. It is a misdemeanor to fail or neglect to apply
for a transfer of ownership within forty-five days after delivery of
the vehicle. The misdemeanor is a single continuing offense for each
day that passes regardless of the number of days that have elapsed
following the forty-five day time period.
(8) Penalty for late transfer - exceptions. The penalty is not
charged if the delay in application is due to at least one of the
following:
(a) The department requests additional supporting documents;
(b) The department, county auditor or other agent, or subagent
fails to perform or is neglectful;
(c) The owner is prevented from applying due to an illness or
extended hospitalization;
(d) The legal owner fails or neglects to release interest;
(e) The owner did not know of the filing of a report of sale by the
previous owner and signs an affidavit to the fact; or
(f) The department finds other conditions exist that adequately
explain the delay.
(9) Review and issue. The department shall review applications for
certificates of title and issue certificates of title when it has
determined that all applicable provisions of law have been complied
with.
(10) Rules. The department may adopt rules as necessary to
implement this section.
Sec. 310 RCW 46.12.102 and 2006 c 291 s 3 are each amended to
read as follows:
(((1) An owner who has made a bona fide sale or transfer of a
vehicle and has delivered possession of it to a purchaser shall not by
reason of any of the provisions of this title be deemed the owner of
the vehicle so as to be subject to civil liability or criminal
liability for the operation of the vehicle thereafter by another person
when the owner has also fulfilled both of the following requirements:))
(a) When the owner has made proper endorsement and delivery of the
certificate of ownership and has delivered the certificate of
registration as provided in this chapter;
(b) When the owner has delivered to the department either a
properly filed report of sale that includes all of the information
required in RCW 46.12.101(1) and is delivered to the department within
five days of the sale of the vehicle excluding Saturdays, Sundays, and
state and federal holidays, or appropriate documents for registration
of the vehicle pursuant to the sale or transfer.
(2) An owner who has made a bona fide sale or transfer of a
vehicle, has delivered possession of it to a purchaser, and has
fulfilled the requirements of subsection (1)(a) and (b) of this section
is relieved of liability and liability is transferred to the purchaser
of the vehicle, for any traffic violation under this title, whether
designated as a traffic infraction or classified as a criminal offense,
that occurs after the date of the sale or transfer that is based on the
vehicle's identification, including, but not limited to, parking
infractions, high occupancy toll lane violations, and violations
recorded by automated traffic safety cameras.
(3) When a registered tow truck operator submits an abandoned
vehicle report to the department for a vehicle sold at an abandoned
vehicle auction, any previous owner is relieved of civil or criminal
liability for the operation of the vehicle from the date of sale
thereafter, and liability is transferred to the purchaser of the
vehicle as listed on the abandoned vehicle report.
(4) When a transferee had no knowledge of the filing of the vehicle
report of sale, he or she is relieved of civil or criminal liability
for the operation of the vehicle, and liability is transferred to the
seller shown on the report of sale.
(1) An owner is relieved of civil or criminal liability for the
operation of a vehicle by another person when the owner has:
(a) Made a bona fide sale or transfer of a vehicle;
(b) Delivered possession of the vehicle to the person acquiring
ownership;
(c) Released interest in the vehicle and provided the certificate
of title and registration certificate to the person acquiring
ownership; and
(d) Filed a report of sale that meets all the requirements in RCW
46.12.101(2) (as recodified by this act).
(2) A person acquiring a vehicle assumes civil or criminal
liability for any traffic violation under this title, whether
designated as a traffic infraction or classified as a criminal offense,
that occurs after the date of sale or transfer of ownership based on
the vehicle's identification including, but not limited to:
(a) Parking infractions;
(b) High occupancy toll lane violations; and
(c) Violations recorded by automated traffic safety cameras.
(3) A person shown as the buyer of a vehicle on an abandoned
vehicle report submitted to the department by a registered tow truck
operator assumes liability for the vehicle. Any previous owner is
relieved of civil or criminal liability for the operation of the
vehicle from the date of sale.
(4) A person who had no knowledge of the filing of the report of
sale is relieved of civil or criminal liability for the operation of
the vehicle. Liability is then transferred to the seller shown on the
report of sale.
Sec. 311 RCW 46.12.103 and 2000 c 250 s 9A-823 are each amended
to read as follows:
(1) ((The purpose of)) A transitional ownership record ((is to)):
(a) Enables a security interest in a motor vehicle to be perfected
in a timely manner when the certificate of ((ownership)) title is not
available at the time the security interest is created((, and to));
(b) Provides for timely notification to security interest holders
under chapter 46.55 RCW((.)); and
(2) A transitional ownership record
(c) Is only acceptable as an ownership record for motor vehicles
currently stored on the department's computer system and if the
certificate of ((ownership)) title or other authorized proof of
ownership for the motor vehicle is not in the possession of the selling
vehicle dealer or new security interest holder ((at the time)) when the
transitional ownership record is submitted to the department.
(((3))) (2) A person shall submit the transitional ownership record
to the department or to ((any of its)) the county auditor or other
agents or subagents. ((Agents and subagents shall immediately
electronically transmit the transitional ownership records to the
department. A transitional ownership document processed and recorded
by an agent or subagent may be subject to fees as specified in RCW
46.01.140 (4)(a) or (5)(b).)) (3) A transitional ownership record((
(4) "" means a record
containing)) must contain all of the following information:
(a) The date of sale;
(b) The name and address of each owner of the vehicle;
(c) The name and address of each security interest holder;
(d) The priorities of interest if there are multiple security
interest holders((, the priorities of interest if)) and the security
interest holders do not jointly hold a single security interest;
(e) The vehicle identification number, the license plate number, if
any, the year, make, and model of the vehicle;
(f) The name of the selling dealer or security interest holder who
is submitting the transitional ownership record; and
(g) The transferee's driver's license number, if available.
(((5))) (4) The report of sale form ((prescribed)) provided or
approved by the department under RCW 46.12.101 (as recodified by this
act) may be used by a vehicle dealer as the transitional ownership
record.
(((6) Compliance with)) (5) A security interest is perfected in a
motor vehicle on the date the department receives the transitional
ownership record when:
(a) The requirements of this section ((shall result in perfection
of a security interest in the vehicle as of the date the department
receives the transitional ownership record)) have been met; and
(b) Any required fees ((required under subsection (3) of this
section.)) have been paid.
(6)(a) The selling dealer or new security interest holder shall
submit to the department, within ten days of receipt of the certificate
of ((ownership)) title for the vehicle, ((or of)) written confirmation
that only an electronic record of ownership exists or that the
certificate of ((ownership)) title has been lost or destroyed((, the
selling dealer or new security interest holder shall promptly submit
the same to the department together)) with:
(i) An application for a new certificate of ((ownership)) title
containing the name and address of the secured party ((and tender));
and
(ii) Payment of the required fees as provided in ((RCW
46.12.095(1). In the event)) section 507 of this act.
(b) A security interest becomes unperfected when a secured party
fails to submit an application for a certificate of title within the
ten-day time period provided in this subsection (6), ((its security
interest shall become unperfected,)) unless the security interest is
perfected otherwise.
Sec. 312 RCW 46.12.124 and 1990 c 238 s 6 are each amended to
read as follows:
(1) The department, county auditor or other agent, or subagent
appointed by the director shall require ((an)) a written odometer
disclosure statement ((to accompany)) with every application for a
certificate of ((ownership, unless specifically exempted)) title for a
motor vehicle. The odometer disclosure statement must be on either the
certificate of title or on a separate form approved by the department.
A secure odometer disclosure statement is required if the certificate
of ((ownership)) title was issued after April 30, 1990((, a secure
odometer statement is required, unless specifically exempted)).
((The)) Odometer disclosure statements ((shall)) must include, at a
minimum, the following:
(a) The miles shown on the odometer at the time of transfer of
ownership, but not to include tenths of miles;
(b) The date of transfer of ownership;
(c) The transferor's printed name, current address, and signature;
(d) The transferee's printed name, current address, and signature;
(e) The identity of the motor vehicle, including its make, model,
year, body type, and vehicle identification number;
(f) Information that the odometer statement is required by the
federal truth in mileage act of 1986 and that failure to complete the
odometer statement or providing false information may result in fines
or imprisonment, or both; and
(g) One of the following statements:
(i) The mileage ((reflected)) shown is actual to the best of
transferor's knowledge;
(ii) The odometer reading exceeds the mechanical limits of the
odometer to the best of the transferor's knowledge; or
(iii) The odometer reading is not the actual mileage((;)).
If the odometer reading is under one hundred thousand miles, the
only options that can be certified are "actual to the best of the
transferor's knowledge" or "not the actual mileage." If the odometer
reading is one hundred thousand miles or more, the options "actual to
the best of the transferor's knowledge" or "not the actual mileage"
cannot be used unless the odometer has six digit capability((;)).
(d) A complete description of the vehicle, including the:
(i) Model year;
(ii) Make;
(iii) Series and body type (model);
(iv) Vehicle identification number;
(v) License plate number and state (optional);
(e) The name, address, and signature of the transferor, in
accordance with the following conditions:
(i)
(2) The transferee and the transferor shall each sign the odometer
disclosure statement. Only one registered owner is required to
complete the odometer disclosure statement((;)) for the transferee,
and only one owner is required to complete the odometer disclosure
statement for the transferor. When applicable, both the business name
and a company representative's name must be shown on the odometer
disclosure statement((
(ii) When the registered owner is a business;)) when the registered owner is a business or the transferee
represents a company, or both.
(f) The name and address of the transferee and the transferee's
signature to acknowledge the transferor's information. If the
transferee represents a company, both the company name and the agent's
name must be shown on the odometer disclosure statement;
(g) A statement that the notice is required by the federal Truth in
Mileage Act of 1986; and
(h) A statement that failure to complete the odometer disclosure
statement or providing false information may result in fines or
imprisonment or both.
(2)
(3) The transferee shall return a signed copy of the odometer
disclosure statement to the transferor at the time of transfer of
ownership.
(((3))) (4) The following vehicles are not subject to ((the))
odometer disclosure requirements at the time of ownership transfer:
(a) A motor vehicle having a declared gross vehicle weight of more
than sixteen thousand pounds;
(b) A vehicle that is not self-propelled;
(c) A motor vehicle that is ten years old or older;
(d) A motor vehicle sold directly by a manufacturer to a federal
agency in conformity with contract specifications; or
(e) A new motor vehicle before its first retail sale.
(5) The requirements of this section also apply to the transfer of
a motor vehicle held:
(a) For lease when transferred to a lessee and then to the lessor
at the end of the leasehold; and
(b) In a fleet when transferred to a purchaser.
Sec. 313 RCW 46.12.130 and 1967 c 140 s 3 are each amended to
read as follows:
(1) The department shall file and index certificates of
((ownership)) title when assigned and returned to the department,
together with ((subsequently assigned reissues thereof, shall be
retained by the department and appropriately filed and indexed))
subsequent transactions so that at all times it will be possible to
trace ownership to the vehicle designated ((therein:)) on each
certificate of title.
(((1) If the)) (2)(a) A person who acquires an interest ((of an
owner)) in a vehicle ((passes to another)), other than by voluntary
transfer, ((the transferee shall, except as provided in subsection (3)
of this section, promptly)) shall within fifteen days mail or deliver
to the department, county auditor or other agent, or subagent appointed
by the director:
(i) The last certificate of ((ownership)) title if available((,));
(ii) Proof of transfer((, and his)); and
(iii) An application for a new certificate ((in the form the
department prescribes)) of title.
(((2) If the interest of the owner is terminated or the)) (b) This
subsection shall not apply to transactions described in subsection (4)
of this section.
(3) A secured party named in the certificate of title who
repossesses a vehicle ((is sold)) under a security agreement ((by a
secured party named in the certificate of ownership, the transferee))
shall ((promptly)) within fifteen days mail or deliver to the
department, county auditor or other agent, or subagent appointed by the
director:
(a) The last certificate of ((ownership, his)) title;
(b) An application for a new certificate ((in the form the
department prescribes,)) of title; and
(c) An affidavit made by or on the behalf of the secured party that
the vehicle was repossessed and that the interest of the owner was
lawfully terminated or sold ((pursuant to)) under the terms of the
security agreement.
(((3) If the)) (4) A secured party ((succeeds to the interest of
the owner and)) named in the certificate of title who holds the vehicle
for resale((, he need not secure)) is not required to apply for a new
certificate of ((ownership but, upon transfer to another person,))
title. When the vehicle is sold, the secured party shall promptly mail
or deliver to the ((transferee)) buyer or to the department, county
auditor or other agent, or subagent appointed by the director:
(a) The certificate((, affidavit and)) of title;
(b) An affidavit made by or on the behalf of the secured party that
the vehicle was repossessed and that the interest of the owner was
lawfully terminated or sold under the terms of the security agreement;
and
(c) Any other documents (((and articles))) required to be sent to
the department by the ((transferee)) buyer.
Sec. 314 RCW 46.12.151 and 1990 c 250 s 30 are each amended to
read as follows:
((If the department is not satisfied as to the ownership of the
vehicle or that there are no undisclosed security interests in it, the
department may register the vehicle but shall either:))
(1) Withhold issuance of a certificate of ownership for a period of
three years or until the applicant presents documents reasonably
sufficient to satisfy the department as to the applicant's ownership of
the vehicle and that there are no undisclosed security interests in it;
or
(2) As a condition of issuing a certificate of ownership, require
the applicant to file with the department a bond for a period of three
years in the form prescribed by the department and executed by the
applicant. The bond shall be in an amount equal to one and one-half
times the value of the vehicle as determined by the department and
conditioned to indemnify any prior owner and secured party and any
subsequent purchaser of the vehicle or person acquiring any security
interest in it, and their respective successors in interest, against
any expense, loss or damage, including reasonable attorney's fees, by
reason of the issuance of the certificate of ownership of the vehicle
or on account of any defect in or undisclosed security interest upon
the right, title and interest of the applicant in and to the vehicle.
Any such interested person has a right of action to recover on the bond
for any breach of its conditions, but the aggregate liability of the
surety to all persons shall not exceed the amount of the bond. At the
end of three years or prior thereto if the vehicle is no longer
registered in this state or when satisfactory evidence of ownership is
surrendered to the department, the owner may apply to the department
for a replacement certificate of ownership without reference to the
bond.
(1) The department, county auditor or other agent, or subagent
appointed by the director may register a vehicle and withhold issuance
of a certificate of title or require a bond as a condition of issuing
a certificate of title if the department is not satisfied:
(a) As to the ownership of the vehicle; or
(b) That there are no undisclosed security interests in the
vehicle.
(2) A person who is unable to provide satisfactory evidence of
ownership may:
(a) Apply for ownership in doubt and receive either a:
(i) Registration without a certificate of title for a three-year
period; or
(ii) A bonded certificate of title with or without registration as
described in subsection (3) of this section; or
(b) Petition any district court or superior court of any county in
this state to receive a judgment awarding ownership of the vehicle.
(3) A person who is either required by the department, county
auditor or other agent, or subagent appointed by the director to file
a bond or wants a certificate of title for a vehicle when ownership is
in doubt shall file the bond for a three-year period. The bond must:
(a) Be in the form approved by the department;
(b) Be in an amount equal to one and one-half times the value of
the vehicle as determined by the department;
(c) Be signed by the applicant and the bonding agent; and
(d) Offer protection to any previous owner, secured party, future
purchaser, or their successors against any expense, loss, or damage,
including reasonable attorneys' fees.
(4) A person who has or has held an interest in the vehicle may,
during the three-year ownership in doubt period, petition any district
court or superior court of any county in this state to receive a
judgment either awarding ownership of the vehicle or be compensated for
any expense, loss, or damage, including reasonable attorneys' fees.
The total claim must not be more than the amount of the bond if a bond
has been filed with the department.
(5) A person who has applied for ownership in doubt may apply for
a certificate of title at any time during the three-year ownership in
doubt period when satisfactory evidence of ownership becomes available.
At the end of the three-year ownership in doubt period, the owner must
apply to the department, county auditor or other agent, or subagent
appointed by the director for a certificate of title. The new
certificate of title will not include reference to the bond if a bond
was filed with the department.
(6) A person applying for ownership in doubt must have acquired the
vehicle by purchase, exchange, gift, lease, or inheritance from the
owner of record or interim owner.
(7) Ownership in doubt does not apply to:
(a) Unauthorized vehicles, as defined in RCW 46.55.010;
(b) Abandoned vehicles, as defined in RCW 46.55.010;
(c) Snowmobiles, as defined in section 145 of this act; or
(d) Washington vehicle dealer sales, as defined in RCW 46.70.011.
Sec. 315 RCW 46.12.160 and 1994 c 262 s 5 are each amended to
read as follows:
((If)) (1) The department may refuse to issue or may cancel a
certificate of title at any time if the department determines ((at any
time)) that an applicant for a certificate of ((ownership or for a
certificate of license registration for a vehicle is not entitled
thereto, the department may refuse to issue such certificate or to
license the vehicle and may, for like reason, after notice, and in the
exercise of discretion, cancel license registration already acquired or
any outstanding certificate of ownership)) title is not entitled to a
certificate of title. Notice of cancellation may be accomplished by
sending a notice by first-class mail using the last known address in
department records for the registered or legal ((vehicle)) owner or
owners, and ((recording the transmittal on)) completing an affidavit of
first-class mail. It ((shall then be)) is unlawful for any person to
remove, drive, or operate the vehicle until a proper certificate of
((ownership or license registration)) title has been issued((, and)).
Any person removing, driving, or operating ((such)) a vehicle after the
refusal to issue or cancellation of the ((department to issue))
certificate((s or the revocation thereof shall be)) of title is guilty
of a gross misdemeanor.
(2)(a) The suspension of, revocation of, cancellation of, or
refusal to issue a certificate of title or vehicle registration
provided for in chapters 46.12 and 46.16 RCW by the director is
conclusive unless the person whose registration or certificate is
suspended, revoked, canceled, or refused appeals to the superior court
of Thurston county or the person's county of residence.
(b) Notice of appeal must be filed within ten days after receipt of
the notice of suspension, revocation, cancellation, or refusal. Upon
the filing of the notice of appeal, the court shall issue an order to
the director to show cause why the registration should not be granted
or reinstated and return the order not less than ten days after the
date of service of the notice to the director. Service must be in the
manner as prescribed for the service of a summons and complaint in
other civil actions.
(c) Upon the hearing on the order to show cause, the court shall
hear evidence concerning matters with reference to the suspension,
revocation, cancellation, or refusal of the registration or certificate
and enter judgment either affirming or setting aside the suspension,
revocation, cancellation, or refusal.
Sec. 316 RCW 46.12.170 and 2007 c 96 s 2 are each amended to read
as follows:
(((1) If, after a certificate of ownership is issued, a security
interest is granted on the vehicle described therein, the registered
owner or secured party shall, within ten days thereafter, present an
application to the department, to which shall be attached the
certificate of ownership last issued covering the vehicle, or such
other documentation as may be required by the department, which
application shall be upon a form approved by the department and shall
be accompanied by a fee of five dollars in addition to all other fees.
The department, if satisfied that there should be a reissue of the
certificate, shall note such change upon the vehicle records and issue
to the secured party a new certificate of ownership.))
(2) Whenever there is no outstanding secured obligation and no
commitment to make advances and incur obligations or otherwise give
value, the secured party must either:
(a) Assign the certificate of ownership to the debtor or the
debtor's assignee or transferee, and transmit the certificate to the
department with an accompanying fee of five dollars in addition to all
other fees; or
(b) Assign the certificate of ownership to the debtor's assignee or
transferee together with the debtor's or debtor's assignee's release of
interest.
(3) Upon receipt of the certificate of ownership and the debtor's
release of interest and required fees as provided in subsection (2)(a)
of this section, the department shall issue a new certificate of
ownership and transmit it to the registered owner.
(4) If the affected secured party fails to either assign the
certificate of ownership to the debtor or the debtor's assignee or
transferee or transmit the certificate of ownership to the department
within ten days after proper demand, that secured party shall be liable
to the debtor or the debtor's assignee or transferee for one hundred
dollars, and in addition for any loss caused to the debtor or the
debtor's assignee or transferee by such failure.
(1) A security interest in a vehicle other than one held as
inventory by a manufacturer or a dealer and for which a certificate of
title is required is perfected only by:
(a) Complying with the requirements of RCW 46.12.103 (as recodified
by this act) or this section;
(b) Receipt by the department, county auditor or other agent, or
subagent appointed by the director of:
(i) The existing certificate of title, if any;
(ii) An application for a certificate of title containing the name
and address of the secured party; and
(iii) Payment of the required fees.
(2) A security interest is perfected when it is created if the
secured party's name and address appear on the most recently issued
certificate of title or, if not, it is created when the department,
county auditor or other agent, or subagent appointed by the director
receives the certificate of title or an application for a certificate
of title and the fees required in subsection (1) of this section.
(3) If a vehicle is subject to a security interest when brought
into this state, perfection of the security interest is determined by
the law of the jurisdiction where the vehicle was when the security
interest was attached, subject to the following:
(a) The security interest continues perfected in this state if the
name of the secured party is shown on the existing certificate of title
issued by that jurisdiction. The name of the secured party must be
shown on the certificate of title issued for the vehicle by this state.
The security interest continues perfected in this state when the
department issues the certificate of title.
(b) If the security interest was not perfected under the law of the
jurisdiction where the vehicle was when the security interest was
attached, it may be perfected in this state. Perfection begins when
the department receives the information and fees required in subsection
(1) of this section.
(4)(a) After a certificate of title has been issued, the registered
owner or secured party must apply to the department, county auditor or
other agent, or subagent appointed by the director for a new
certificate of title when a security interest is granted on a vehicle.
Within ten days after creating a security agreement, the registered
owner or secured party must submit:
(i) An application for a certificate of title;
(ii) The certificate of title last issued for the vehicle, or other
documentation required by the department; and
(iii) The fee required in section 508 of this act.
(b) If satisfied that a certificate of title should be reissued,
the department shall change the vehicle record and issue a new
certificate of title to the secured party.
(5) A secured party shall release the security interest when the
conditions within the security agreement have been met and there is no
further secured obligation. The secured party must either:
(a) Assign the certificate of title to the registered owner or the
registered owner's designee and send the certificate of title to the
department, county auditor or other agent, or subagent appointed by the
director with the fee required in section 508 of this act; or
(b) Assign the certificate of title to the person acquiring the
vehicle from the registered owner with the registered owner's release
of interest.
(6) The department shall issue a new certificate of title to the
registered owner when the department receives the release of interest
and required fees as provided in subsection (5)(a) of this section.
(7) A secured party is liable for one hundred dollars payable to
the registered owner or person acquiring the vehicle from the
registered owner when:
(a) The secured party fails to either assign the certificate of
title to the registered owner or to the person acquiring the vehicle
from the registered owner or apply for a new certificate of title; and
(b) The failure of the secured party to act as described in (a) of
this subsection results in a loss to the registered owner or person
acquiring the vehicle from the registered owner.
Sec. 317 RCW 46.12.181 and 2002 c 352 s 6 are each amended to
read as follows:
A legal owner or the legal owner's authorized representative may
apply for a duplicate certificate of title if a certificate of
((ownership)) title is lost, stolen, mutilated, or destroyed, or
becomes illegible((, the first priority secured party or, if none, the
owner or legal representative of the owner named in the certificate, as
shown by the records of the department, shall promptly make application
for and may obtain a duplicate upon tender of five dollars in addition
to all other fees and upon furnishing information satisfactory to the
department)). The application for a duplicate certificate of title
must include information required by the department and be accompanied
by the fee required in section 508 of this act. The duplicate
certificate of ((ownership shall)) title must contain the ((legend))
word, "duplicate." It ((shall)) must be provided to the first priority
secured party named in it or, if none, to the legal owner.
A person recovering ((an original)) a certificate of ((ownership))
title for which a duplicate has been issued shall promptly
((surrender)) return the ((original)) certificate of title that has
been recovered to the department.
Sec. 318 RCW 46.12.190 and 1961 c 12 s 46.12.190 are each amended
to read as follows:
((The person, firm, copartnership, association or corporation to
whom a certificate of ownership shall have been issued shall)) A person
shown as the legal owner on a certificate of title which has a
different person shown as the registered owner does not ((thereby))
incur liability ((or be)) and is not responsible for damage((, or
otherwise,)) or any liability resulting from any act or contract made
by the registered owner or by any other person acting for, or by or
under the authority of ((such)), the registered owner.
Sec. 319 RCW 46.12.210 and 2003 c 53 s 236 are each amended to
read as follows:
((Any)) (1) A person ((who)) is guilty of a class B felony if the
person:
(a) Knowingly makes any false statement of a material fact, either
((in his or her)) on an application for ((the)) a certificate of
((ownership)) title or in any ((assignment thereof, or who with intent
to procure)) transfer of a certificate of title;
(b) Intentionally acquires or ((pass)) passes ownership ((to)) of
a vehicle which ((he or she)) that person knows or has reason to
believe has been stolen((,));
(c) Receives or transfers possession of ((the same)) a stolen
vehicle from or to another ((or who has in his or her possession))
person;
(d) Possesses any vehicle which ((he or she)) that person knows or
has reason to believe has been stolen((, and who is not an officer of
the law engaged at the time in the performance of his or her duty as
such officer, is guilty of a class B felony and upon conviction
shall));
(e) Alters or forges or causes the alteration or forgery of:
(i) A certificate of title or registration certificate issued by
the department;
(ii) An assignment of a certificate of title or registration
certificate; or
(iii) A release or notice of release of an encumbrance referred to
on a certificate of title or registration certificate; or
(f) Holds or uses a certificate of title, registration certificate,
assignment, release, or notice of release, knowing that it has been
altered or forged.
(2) A person convicted of violating subsection (1) of this section
must be punished by a fine of not more than five thousand dollars or by
imprisonment for not more than ten years, or both such fine and
imprisonment. This ((provision shall)) subsection does not exclude any
other offenses or penalties prescribed by any existing or future law
for the larceny or unauthorized taking of a ((motor)) vehicle.
(3) It is a class C felony for a person to sell or convey a vehicle
certificate of title except in conjunction with the sale or transfer of
the vehicle for which the certificate was originally issued.
(4) This section does not apply to an officer of the law engaged at
the time in the performance of official authorized law enforcement
activities.
Sec. 320 RCW 46.12.250 and 1969 ex.s. c 125 s 1 are each amended
to read as follows:
((It shall be unlawful for any person under the age of eighteen to
be the registered or legal owner of any motor vehicle: PROVIDED, That
RCW 46.12.250 through 46.12.270 shall not apply to any person who is on
active duty in the United States armed forces nor to any minor who is
in effect emancipated: PROVIDED further, That RCW 46.12.250 through
46.12.270 shall not apply to any person who is the registered owner of
a motor vehicle prior to August 11, 1969 or who became the registered
or legal owner of a motor vehicle while a nonresident of this state.))
(1) A person under the age of eighteen may not be the registered or
legal owner of a motor vehicle unless the:
(a) Motor vehicle was previously registered in the person's name in
another jurisdiction while a resident of that jurisdiction;
(b) Person is on active military duty with the United States armed
forces; or
(c) Person is, in effect, emancipated.
(2) It is unlawful for any person to convey, sell, or transfer the
ownership of any motor vehicle to a person under the age of eighteen.
This subsection does not apply to a vehicle dealer properly licensed
under chapter 46.70 RCW if the minor provides the dealer with a
certified copy of an original birth certificate showing that the minor
is over eighteen years of age. The vehicle dealer shall submit the
certified copy of the original birth certificate with an application
for certificate of title to the department, county auditor or other
agent, or subagent appointed by the director.
(3) A person is guilty of a misdemeanor punishable by a fine of not
more than two hundred fifty dollars or by imprisonment in a county jail
for not more than ninety days if that person with actual notice of the
prohibition:
(a) Gives, sells, or transfers the ownership of a motor vehicle to
a person under the age of eighteen;
(b) Is a registered or legal owner of a motor vehicle in violation
of subsection (1) of this section; or
(c) Transfers, sells, or encumbers an interest in a motor vehicle
in violation of RCW 46.61.5058.
Sec. 321 RCW 46.12.280 and 1979 c 158 s 136 are each amended to
read as follows:
((The provisions of chapter 46.12 RCW concerning the registration
and titling of vehicles, and the perfection of security interests
therein shall apply to campers, as defined in RCW 46.04.085. In
addition, the director of licensing shall have the power to adopt such
rules and regulations he deems necessary to implement the registration
and titling of campers and the perfection of security interests
therein.))
A camper is considered a vehicle for the purposes of certificates
of title, perfection of security interests, and registrations. The
director may adopt rules to implement this section.
Sec. 322 RCW 46.12.290 and 2005 c 399 s 4 are each amended to
read as follows:
(((1) The provisions of chapter 46.12 RCW insofar as they are not
inconsistent with the provisions of chapter 231, Laws of 1971 ex. sess.
or chapter 65.20 RCW apply to mobile or manufactured homes: PROVIDED,
That RCW 46.12.080 and 46.12.250 through 46.12.270 shall not apply to
mobile or manufactured homes.))
(2) In order to transfer ownership of a mobile home, all registered
owners of record must sign the title certificate releasing their
ownership. If the mobile home was manufactured before June 15, 1976,
the registered owner must sign an affidavit in the form prescribed by
the department of licensing that notice was provided to the purchaser
of the mobile home that failure of the mobile home to meet federal
housing and urban development standards or failure of the mobile home
to meet a fire and safety inspection by the department of labor and
industries may result in denial by a local jurisdiction of a permit to
site the mobile home.
(3) The director of licensing shall have the power to adopt such
rules as necessary to implement the provisions of this chapter relating
to mobile homes.
(1) Titling options. An owner of a manufactured home shall
establish ownership in the manufactured home by either:
(a) Applying for a certificate of title as required under this
chapter; or
(b) Eliminating the certificate of title under chapter 65.20 RCW.
(2) Exemption. This section does not apply to a manufactured home
held for resale by a dealer or manufacturer.
(3) Transferring ownership. A registered owner of record must sign
the certificate of title releasing the owner's interest when
transferring ownership of a manufactured home. If the mobile home was
manufactured before June 15, 1976, the registered owner must sign an
affidavit on a form approved by the department. The affidavit must
state that the purchaser was notified that failure of the mobile home
to meet federal housing and urban development standards or failure of
the mobile home to meet a fire and safety inspection by the department
of labor and industries may result in denial by a local jurisdiction of
a permit to site the mobile home.
(4) Evidence of taxes paid. Before accepting an application for a
certificate of title for a manufactured home, the department, county
auditor or other agent, or subagent appointed by the director shall
require the applicant to provide evidence that any taxes due on the
sale of the manufactured home under chapters 82.45 and 84.52 RCW have
been paid. Acceptable evidence includes a copy of:
(a) The real estate excise tax affidavit that has been stamped by
the county treasurer; or
(b) A treasurer certificate that is prepared by the treasurer of
the county in which a used manufactured home is located and that states
that all property taxes due upon the used manufactured home being sold
have been satisfied.
(5) County assessor notification. The department shall notify the
county assessor of the county where the manufactured home is located
when ownership of a manufactured home is transferred. The notification
must include the name and address of the former owner and the new
owner.
(6) Title elimination. The certificate of title for a manufactured
home may be eliminated or not issued when the manufactured home is
registered under chapter 65.20 RCW. If the certificate of title is
eliminated or not issued, the application must be recorded in the
county property records of the county where the real property to which
the home is affixed is located. All vehicle license fees and taxes
applicable to manufactured homes under this chapter are due and must be
collected before recording the ownership with the county auditor.
(7) Rules. The department may adopt rules as necessary to
implement this section.
Sec. 323 RCW 46.12.420 and 1996 c 225 s 6 are each amended to
read as follows:
((The state patrol shall inspect a street rod vehicle and assign a
vehicle identification number in accordance with this chapter.))
A street rod vehicle ((shall be titled)) must:
(1) Be recorded in department records as the make and year of the
vehicle as originally manufactured((. The title shall be)); and
(2) Have the certificate of title branded with the designation
"street rod."
Sec. 324 RCW 46.12.440 and 2009 c 284 s 1 are each amended to
read as follows:
((The following procedures must be followed when applying for a
certificate of ownership for a kit vehicle:))
(1) The vehicle identification number (VIN) of a new vehicle kit
and of a body kit will be taken from the manufacturer's certificate of
origin belonging to that vehicle. If the VIN is not available, the
Washington state patrol shall assign a VIN at the time of inspection.
(2) The department shall use the model year of a manufactured new
vehicle kit and manufactured body kit as the year reflected on the
manufacturer's certificate of origin.
(3) The make shall be listed as "KITV," and the series and body
designation must describe a discrete vehicle model.
(4) Except for kit vehicles licensed under RCW 46.16.680(5), kit
vehicles must comply with chapter 204-10 WAC.
(1) A person who applies for an original certificate of title for
a kit vehicle shall provide:
(a) The manufacturer's certificate of origin or an equivalent
document if the kit vehicle is a new manufactured vehicle kit or body
kit;
(b) The certificate of title or a certified copy or equivalent
document for the frame;
(c) Proof of ownership for all major parts used in the construction
of the vehicle. Major parts include the frame, engine, axles,
transmission, and any other parts that carry vehicle identification
numbers;
(d) Bills of sale or invoices for all major components used in the
construction of the vehicle. The bills of sale must be notarized
unless the vendor is registered with the department of revenue for the
collection of retail sales or use tax and must include:
(i) The names and addresses of the seller and purchaser;
(ii) A description of the vehicle or part being sold, including the
make, model, and identification or serial number or the yard number if
from a wrecking yard;
(iii) The date of sale; and
(iv) The purchase price of the vehicle or part;
(e) A certificate of vehicle inspection completed by the Washington
state patrol or other authorized inspector verifying the vehicle
identification number, and year and make when applicable. A Washington
state patrol vehicle identification number inspector must ensure that
all parts are documented by certificates of title, notarized bills of
sale, or business receipts, such as those obtained from a wrecking yard
purchase;
(f) A completed declaration of value form to determine the value
for excise tax purposes if the purchase cost and year is unknown or
incomplete;
(g) Payment of use tax on the frame and all component parts used,
unless proof of payment of the sales or use tax is submitted; and
(h) An odometer disclosure statement on all originals and transfers
of certificates of title for kit vehicles under ten years old, unless
otherwise exempt by law.
(2) If the frame from a donor vehicle is used and the remainder of
the donor vehicle is to be sold or destroyed, the certificate of title
is required as an ownership document to the buyer. The department may
make a certified copy of the certificate of title for documentation of
the frame for this transaction.
(3) When accepting an application for an original certificate of
title for a kit vehicle, the department, county auditor or other agent,
or subagent appointed by the director shall:
(a) Use the vehicle identification number provided on the
manufacturer's certificate of origin. If the vehicle identification
number is not available, the Washington state patrol shall assign a
vehicle identification number at the time of inspection;
(b) Use the actual model year provided on the manufacturer's
certificate of origin as the model year. This is not the model year of
the vehicle being replicated;
(c) Record the make as "KITV";
(d) Record in the series and body designation a discrete vehicle
model; and
(e) Assign a use class identifying the actual use of the vehicle,
such as a passenger car or truck.
(4) A kit vehicle may be registered under section 617 of this act
as a street rod vehicle if the vehicle is manufactured to have the same
appearance as a similar vehicle manufactured before 1949. Kit vehicles
must comply with chapter 204-10 WAC unless the kit vehicle is
registered under section 617 of this act.
(5) A kit vehicle is exempt from the welding requirements under WAC
204-10-022(8) if, upon application for a certificate of ((ownership))
title, the owner furnishes documentation from the manufacturer of the
vehicle frame that informs the owner that the welding on the frame was
not completed by a certified welder and that the structural strength of
the frame has not been certified by an engineer as meeting the
applicable federal motor vehicle safety standards set under 49 C.F.R.
Sec. 571.201, 571.214, 571.216, and 571.220 through 571.224, and the
applicable SAE standards.
(((5) The application for the certificate of ownership must be
accompanied by the following documents:)) (6) The department may not deny a certificate of
((
(a) For a manufactured new vehicle kit, the manufacturer's
certificate of origin or equivalent document;
(b)(i) For a manufactured body kit, the manufacturer's certificate
of origin or equivalent document; (ii) for the frame, the title or a
certified copy or equivalent document;
(c) Bills of sale or invoices for all major components used in the
construction of the vehicle. The bills of sale must be notarized
unless the vendor is registered with the department of revenue for the
collection of retail sales or use tax. The bills of sale must include
the names and addresses of the seller and purchaser, a description of
the vehicle or part being sold, including the make, model, and
identification or serial number, the date of sale, and the purchase
price of the vehicle or part;
(d) A statement as defined in WAC 308-56A-150 by an authorized
inspector of the Washington state patrol or other person authorized by
the department of licensing verifying the vehicle identification
number, and year and make when applicable;
(e) A completed declaration of value form (TD 420-737) to determine
the value for excise tax if the purchase cost and year is unknown or
incomplete.
(6) A Washington state patrol VIN inspector must ensure that all
parts are documented by titles, notarized bills of sale, or business
receipts such as obtained from a wrecking yard purchase. The bills of
sale must contain the VIN of the vehicle the parts came from, or the
yard number if from a wrecking yard.
(7)ownership)) title to an applicant who completes the requisite
application, complies with this section, and pays the requisite titling
fees and taxes.
NEW SECTION. Sec. 325 The following acts or parts of acts are
each repealed:
(1) RCW 46.12.005 (Definitions) and 2002 c 245 s 1, 1996 c 26 s 1,
& 1967 c 140 s 5;
(2) RCW 46.12.020 (Prerequisite to issuance of vehicle license and
plates) and 1989 c 337 s 22;
(3) RCW 46.12.040 (Certificate of ownership -- Fees) and 2007 c 420
s 2, 2004 c 200 s 1, 2002 c 352 s 3, 2001 c 125 s 2, 1990 c 238 s 2,
1989 c 110 s 1, 1975 1st ex.s. c 138 s 1, 1974 ex.s. c 128 s 2, & 1961
c 12 s 46.12.040;
(4) RCW 46.12.042 (Emergency medical services fee) and 1997 c 331
s 5;
(5) RCW 46.12.045 (Off-road vehicles, certificate of ownership for
title purposes only) and 1986 c 186 s 4;
(6) RCW 46.12.055 (Certificate of ownership -- Manufactured homes)
and 1989 c 343 s 19;
(7) RCW 46.12.060 (Procedure when identification number altered or
obliterated) and 2001 c 125 s 4, 1975 c 25 s 10, 1974 ex.s. c 36 s 1,
& 1961 c 12 s 46.12.060;
(8) RCW 46.12.075 (Rebuilt vehicles) and 1996 c 26 s 3 & 1995 c 256
s 24;
(9) RCW 46.12.095 (Requirements for perfecting security interest)
and 2000 c 250 s 9A-822, 1998 c 203 s 10, 1969 ex.s. c 170 s 16, & 1967
c 140 s 6;
(10) RCW 46.12.105 (Transfer of ownership of mobile home, county
assessor notified -- Evidence of taxes paid) and 1979 ex.s. c 266 s 5,
1979 c 158 s 133, & 1971 ex.s. c 231 s 13;
(11) RCW 46.12.200 (State or director not liable for acts in
administering chapter) and 1979 c 158 s 134, 1967 c 32 s 11, & 1961 c
12 s 46.12.200;
(12) RCW 46.12.215 (Unlawful sale of certificate of ownership) and
1995 c 256 s 1;
(13) RCW 46.12.220 (Alteration or forgery -- Penalty) and 2003 c 53
s 237, 1967 c 32 s 12, & 1961 c 12 s 46.12.220;
(14) RCW 46.12.230 (Permit to licensed wrecker to junk vehicle--fee) and 1975 c 25 s 14, 1967 c 32 s 13, & 1961 c 12 s 46.12.230;
(15) RCW 46.12.240 (Appeals to superior court from suspension,
revocation, cancellation, or refusal of license or certificate) and
1987 c 388 s 8, 1965 ex.s. c 121 s 42, & 1961 c 12 s 46.20.340;
(16) RCW 46.12.260 (Sale or transfer of motor vehicle ownership to
person under eighteen prohibited) and 1979 c 158 s 135 & 1969 ex.s. c
125 s 2;
(17) RCW 46.12.270 (Penalty for violation of RCW 46.12.250 or
46.12.260) and 1994 c 139 s 2, 1993 c 487 s 6, & 1969 ex.s. c 125 s 3;
(18) RCW 46.12.450 (Kit vehicles -- Issuance of certificate of
ownership or registration) and 1996 c 225 s 9;
(19) RCW 46.12.500 (Commercial vehicle -- Compliance statement) and
1999 c 351 s 4; and
(20) RCW 46.12.510 (Donations for organ donation awareness) and
2008 c 139 s 26 & 2003 c 94 s 6.
Sec. 401 RCW 46.16.004 and 2007 c 419 s 3 are each amended to
read as follows:
For the purposes of this chapter unless the context clearly
requires otherwise:
(1) "Commercial motor vehicle," for the purposes of requiring a
department of transportation number, means the same as defined in RCW
46.25.010(6), or a motor vehicle used in commerce when the motor
vehicle: (a) Has a gross vehicle weight rating of 11,794 kilograms or
more (26,001 pounds or more) inclusive of a towed unit of a gross
vehicle weight rating of more than 4,536 kilograms (10,000 pounds or
more); (b) has a gross vehicle weight rating of 11,794 kilograms or
more (26,001 pounds or more); or (c) is used in the transportation of
hazardous materials, as defined in RCW 46.25.010(13);
(2) (("Department" means the department of licensing;)) "Department of transportation number" means a department of
transportation number from the federal motor carrier safety
administration;
(3)
(((4))) (3) "Interstate commercial motor vehicle" means a
commercial vehicle that operates in more than one state;
(((5))) (4) "Intrastate commercial motor vehicle" means a
commercial vehicle that operates exclusively within the state of
Washington;
(((6))) (5) "Motor carrier" means a person or entity who has been
issued a department of transportation number and who owns a commercial
motor vehicle;
(6) "Registration year" means the effective period of a vehicle
registration issued by the department. A registration year begins at
12:01 a.m. on the date of the calendar year designated by the
department and ends at 12:00 a.m. the same day the following year
unless otherwise specified;
(7) "Renewal notice" means the notice to renew a vehicle
registration sent to the registered owner by the department.
Sec. 402 RCW 46.16.006 and 2009 c 159 s 1 are each amended to
read as follows:
(1) ((The term "registration year" for the purposes of chapters
46.16, 82.44, and 82.50 RCW means the effective period of a vehicle
license issued by the department. Such year 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 succeeding calendar year.))
(a) If a vehicle license previously issued in this state has
expired and is renewed with a different registered owner, a new
registration year 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 period.
(b) A new registration year is deemed to commence upon the date the
expired license is renewed in order that the renewed license be useable
for a full twelve months when
The department, county auditor or other agent, or subagent
appointed by the director shall assign a new registration year to a
vehicle if:
(a) The Washington state vehicle registration has expired and
registered ownership to the vehicle is being transferred. The renewed
license is valid for a full twelve-month period unless a specific
expiration date is required by law, rule, or program; or
(b) The Washington vehicle registration has expired and the
registered owner:
(i) Is a member of the United States armed forces;
(ii) Was stationed outside of Washington under military orders
during the prior vehicle registration year; and
(iii) Provides the department a copy of the military orders.
(2) Each registration year may be divided into twelve registration
months. Each registration month ((commences on the day numerically
corresponding to the day of the calendar month on which the
registration year begins, and terminates on the numerically
corresponding day of the next succeeding calendar month)) begins at
12:01 a.m. on a day of the month assigned by the department and ends at
12:00 a.m. on the same day the following month.
(3) ((Where the term "last day of the month" is used in chapters
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.)) A registration period extends through the end of the next
business day when the final day of a registration year or month falls
on a Saturday, Sunday, or legal holiday((
(4) If, such period extends through
the end of the next business day)).
Sec. 403 RCW 46.16.010 and 2007 c 242 s 2 are each amended to
read as follows:
(1) Vehicles must be registered as required by this chapter and
must display license plates or decals assigned by the department.
(2) It is unlawful for a person to operate any vehicle ((over and
along)) on a public highway of this state without ((first having
obtained and)) having in full force and effect a current and proper
vehicle ((license)) registration and ((display vehicle)) displaying
license ((number)) plates ((therefor as by this chapter provided)) on
the vehicle.
(((2))) (3) Vehicle license plates or registration certificates,
whether original issues or duplicates, may not be issued or furnished
by the department until the applicant makes satisfactory application
for a certificate of title or presents satisfactory evidence that a
certificate of title covering the vehicle has been previously issued.
(4) Failure to make initial registration before ((operation))
operating a vehicle on the public highways of this state is a traffic
infraction((, and any)). A person committing this infraction shall pay
a penalty of five hundred twenty-nine dollars, ((no part of)) which may
not be suspended ((or)), deferred, or reduced.
(((3))) (5) Failure to renew an expired registration before
((operation)) operating a vehicle on the public highways of this state
is a traffic infraction.
(((4) The licensing of)) (6) It is a gross misdemeanor for a
resident, as identified in RCW 46.16.028 (as recodified by this act),
to register a vehicle in another state ((by a resident of this state,
as defined in RCW 46.16.028)), evading the payment of any tax or
vehicle license fee imposed in connection with registration((,)). It
is ((a gross misdemeanor)) punishable as follows:
(a) For a first offense, up to one year in the county jail and
payment of a fine of five hundred twenty-nine dollars plus twice the
amount of delinquent taxes and fees, no part of which may be suspended
or deferred;
(b) For a second or subsequent offense, up to one year in the
county jail and payment of a fine of five hundred twenty-nine dollars
plus four times the amount of delinquent taxes and fees, no part of
which may be suspended or deferred;
(c) For fines levied under (b) of this subsection, an amount equal
to the avoided taxes and fees owed will be deposited in the vehicle
licensing fraud account created in the state treasury;
(d) The avoided taxes and fees shall be deposited and distributed
in the same manner as if the taxes and fees were properly paid in a
timely fashion.
(((5) These provisions shall not apply to the following vehicles:)) (7) A vehicle with an expired registration of more than
forty-five days parked on a public street may be impounded by a police
officer under RCW 46.55.113(2).
(a) Motorized foot scooters;
(b) Electric-assisted bicycles;
(c) Off-road vehicles operating on nonhighway roads under RCW
46.09.115;
(d) Farm vehicles if operated within a radius of fifteen miles of
the farm where principally used or garaged, farm tractors and farm
implements including trailers designed as cook or bunk houses used
exclusively for animal herding temporarily operating or drawn upon the
public highways, and trailers used exclusively to transport farm
implements from one farm to another during the daylight hours or at
night when such equipment has lights that comply with the law;
(e) Spray or fertilizer applicator rigs designed and used
exclusively for spraying or fertilization in the conduct of
agricultural operations and not primarily for the purpose of
transportation, and nurse rigs or equipment auxiliary to the use of and
designed or modified for the fueling, repairing, or loading of spray
and fertilizer applicator rigs and not used, designed, or modified
primarily for the purpose of transportation;
(f) Fork lifts operated during daylight hours on public highways
adjacent to and within five hundred feet of the warehouses which they
serve: PROVIDED FURTHER, That these provisions shall not apply to
vehicles used by the state parks and recreation commission exclusively
for park maintenance and operations upon public highways within state
parks;
(g) "Trams" used for transporting persons to and from facilities
related to the horse racing industry as regulated in chapter 67.16 RCW,
as long as the public right-of-way routes over which the trams operate
are not more than one mile from end to end, the public rights-of-way
over which the tram operates have an average daily traffic of not more
than 15,000 vehicles per day, and the activity is in conformity with
federal law. The operator must be a licensed driver and at least
eighteen years old. For the purposes of this section, "tram" also
means a vehicle, or combination of vehicles linked together with a
single mode of propulsion, used to transport persons from one location
to another;
(h) "Special highway construction equipment" defined as follows:
Any vehicle which is designed and used primarily for grading of
highways, paving of highways, earth moving, and other construction work
on highways and which is not designed or used primarily for the
transportation of persons or property on a public highway and which is
only incidentally operated or moved over the highway. It includes, but
is not limited to, road construction and maintenance machinery so
designed and used such as portable air compressors, air drills, asphalt
spreaders, bituminous mixers, bucket loaders, track laying tractors,
ditchers, leveling graders, finishing machines, motor graders, paving
mixers, road rollers, scarifiers, earth moving scrapers and carryalls,
lighting plants, welders, pumps, power shovels and draglines, self-propelled and tractor-drawn earth moving equipment and machinery,
including dump trucks and tractor-dump trailer combinations which
either (i) are in excess of the legal width, or (ii) which, because of
their length, height, or unladen weight, may not be moved on a public
highway without the permit specified in RCW 46.44.090 and which are not
operated laden except within the boundaries of the project limits as
defined by the contract, and other similar types of construction
equipment, or (iii) which are driven or moved upon a public highway
only for the purpose of crossing such highway from one property to
another, provided such movement does not exceed five hundred feet and
the vehicle is equipped with wheels or pads which will not damage the
roadway surface.
Exclusions:
"Special highway construction equipment" does not include any of
the following:
Dump trucks originally designed to comply with the legal size and
weight provisions of this code notwithstanding any subsequent
modification which would require a permit, as specified in RCW
46.44.090, to operate such vehicles on a public highway, including
trailers, truck-mounted transit mixers, cranes and shovels, or other
vehicles designed for the transportation of persons or property to
which machinery has been attached.
(6) The following vehicles, whether operated solo or in
combination, are exempt from license registration and displaying
license plates as required by this chapter:
(a) A converter gear used to convert a semitrailer into a trailer
or a two-axle truck or tractor into a three or more axle truck or
tractor or used in any other manner to increase the number of axles of
a vehicle. Converter gear includes an auxiliary axle, booster axle,
dolly, and jeep axle.
(b) A tow dolly that is used for towing a motor vehicle behind
another motor vehicle. The front or rear wheels of the towed vehicle
are secured to and rest on the tow dolly that is attached to the towing
vehicle by a tow bar.
(c) An off-road vehicle operated on a street, road, or highway as
authorized under RCW 46.09.180.
(7)(a) A motor vehicle subject to initial or renewal registration
under this section shall not be registered to a natural person unless
the person at time of application:
(i) Presents an unexpired Washington state driver's license; or
(ii) Certifies that he or she is:
(A) A Washington resident who does not operate a motor vehicle on
public roads; or
(B) Exempt from the requirement to obtain a Washington state
driver's license under RCW 46.20.025.
(b) For shared or joint ownership, the department will set up
procedures to verify that all owners meet the requirements of this
subsection.
(c) A person falsifying residency is guilty of a gross misdemeanor
punishable only by a fine of five hundred twenty-nine dollars.
(d) The department may adopt rules necessary to implement this
subsection, including rules under which a natural person applying for
registration may be exempt from the requirements of this subsection
where the person provides evidence satisfactory to the department that
he or she has a valid and compelling reason for not being able to meet
the requirements of this subsection.
(8)
NEW SECTION. Sec. 404 A new section is added to chapter 46.16
RCW under the subchapter heading "general provisions" to read as
follows:
The following vehicles are not required to be registered under this
chapter:
(1) Converter gears used to convert a semitrailer into a trailer or
a two-axle truck or tractor into a three or more axle truck or tractor
or used in any other manner to increase the number of axles of a
vehicle;
(2) Electric-assisted bicycles;
(3)(a) Farm implements, tractors, trailers, and other farm vehicles
(i) operated within a radius of fifteen miles of the farm where it is
principally used or garaged, including trailers designed as cook or
bunk houses, (ii) used exclusively for animal herding, and (iii)
temporarily operating or drawn upon the public highways, and (b)
trailers used exclusively to transport farm implements from one farm to
another during daylight hours or at night when the trailer is equipped
with lights that comply with applicable law;
(4) Forklifts operated during daylight hours on public highways
adjacent to and within five hundred feet of the warehouses they serve;
(5) Motor vehicles operated solely within a national recreation
area that is not accessible by a state highway, including motorcycles,
motor homes, passenger cars, and sport utility vehicles. This
exemption applies only after initial registration;
(6) Motorized foot scooters;
(7) Nurse rigs or equipment auxiliary for the use of and designed
or modified for the fueling, repairing, or loading of spray and
fertilizer applicator rigs and not used, designed, or modified
primarily for the purpose of transportation;
(8) Off-road vehicles operated on a street, road, or highway as
authorized under RCW 46.09.180 (as recodified by this act), or
nonhighway roads under RCW 46.09.115 (as recodified by this act);
(9) Special highway construction equipment;
(10) Dump trucks and tractor-dump trailer combinations that are:
(a) Designed and used primarily for construction work on highways;
(b) Not designed or used primarily for the transportation of
persons or property on a public highway; and
(c) Only incidentally operated or moved over the highways;
(11) Spray or fertilizer applicator rigs designed and used
exclusively for spraying or fertilization in the conduct of
agricultural operations and not primarily for the purpose of
transportation;
(12) Tow dollies;
(13) Trams used for transporting persons to and from facilities
related to the horse racing industry as regulated in chapter 67.16 RCW,
as long as the public right-of-way routes over which the trams operate
are not more than one mile from end to end, the public rights-of-way
over which the tram operates have average daily traffic of not more
than fifteen thousand vehicles per day, and the activity is in
conformity with federal law. The operator must be a licensed driver
and at least eighteen years old. For the purposes of this section,
"tram" also means a vehicle, or combination of vehicles linked together
with a single mode of propulsion, used to transport persons from one
location to another; and
(14) Vehicles used by the state parks and recreation commission
exclusively for park maintenance and operations upon public highways
within state parks.
NEW SECTION. Sec. 405 A new section is added to chapter 46.16
RCW under the subchapter heading "general provisions" to read as
follows:
(1) The department, county auditor or other agent, or subagent
appointed by the director shall not issue an initial or renewal
registration certificate for a motor vehicle to a natural person under
this chapter unless the natural person at time of application:
(a) Presents an unexpired Washington state driver's license; or
(b) Certifies that he or she is:
(i) A Washington state resident who does not operate a motor
vehicle on public roads; or
(ii) Exempt from the requirement to obtain a Washington state
driver's license under RCW 46.20.025.
(2) The department must set up procedures to verify that all owners
meet the requirements of this section.
(3) A person falsifying residency is guilty of a gross misdemeanor
punishable only by a fine of five hundred twenty-nine dollars.
(4) The department may adopt rules necessary to implement this
section, including rules under which a natural person applying for
registration may be exempt from the requirements of this section if the
person provides evidence satisfactory to the department that he or she
has a valid and compelling reason for not being able to meet the
requirements of this section.
Sec. 406 RCW 46.16.015 and 2002 c 24 s 1 are each amended to read
as follows:
(1) ((Neither)) The department ((of licensing nor its agents)),
county auditor or other agent, or subagent appointed by the director
may not issue or renew a motor vehicle ((license for any vehicle))
registration or change the registered owner of a ((licensed))
registered vehicle((,)) for any motor vehicle ((that is)) required to
be inspected under chapter 70.120 RCW, unless the application for
issuance or renewal is: (a) Accompanied by a valid certificate of
compliance or a valid certificate of acceptance issued ((pursuant to))
as required under chapter 70.120 RCW; or (b) ((exempted from this
requirement pursuant to)) exempt, as described in subsection (2) of
this section. The certificates must have a date of validation
((which)) that is within ((six)) twelve months of the ((date of
application for the vehicle license or license)) assigned registration
renewal date. Certificates for fleet or owner tested diesel vehicles
may have a date of validation ((which)) that is within twelve months of
the assigned ((license)) registration renewal date.
(2) ((Subsection (1) of this section does not apply to the
following vehicles:)) The following motor vehicles are exempt from emission test
requirements:
(a) New motor vehicles whose equitable or legal title has never
been transferred to a person who in good faith purchases the vehicle
for purposes other than resale;
(b) Motor vehicles with a model year of 1967 or earlier;
(c) Motor vehicles that use propulsion units powered exclusively by
electricity;
(d) Motor vehicles fueled by propane, compressed natural gas, or
liquid petroleum gas, unless it is determined that federal sanctions
will be imposed as a result of this exemption;
(e)
(a) Motor vehicles that are less than five years old or more than
twenty-five years old;
(b) Motor vehicles that are a 2009 model year or newer;
(c) Motor vehicles powered exclusively by electricity, propane,
compressed natural gas, or liquid petroleum gas;
(d) Motorcycles as defined in RCW 46.04.330 and motor-driven cycles
as defined in RCW 46.04.332;
(((f))) (e) Farm vehicles as defined in RCW 46.04.181;
(((g))) (f) Used vehicles ((which)) that are offered for sale by a
motor vehicle dealer licensed under chapter 46.70 RCW;
(((h))) (g) Classes of motor vehicles exempted by the director of
the department of ecology; and
(((i) Collector cars as identified by the department of licensing
under RCW 46.16.305(1);)) (h) Hybrid motor vehicles that obtain a rating by the
environmental protection agency of at least fifty miles per gallon of
gas during city driving. For purposes of this section, a hybrid motor
vehicle is one that uses propulsion units powered by both electricity
and gas.
(j) Beginning January 1, 2000, vehicles that are less than five
years old or more than twenty-five years old; or
(k)
((The provisions of (a) of this subsection may not be construed as
exempting from the provisions of subsection (1) of this section
applications for the renewal of licenses for motor vehicles that are or
have been leased.))
(3) The department of ecology shall provide information to motor
vehicle owners:
(a) Regarding the boundaries of emission contributing areas and
restrictions established under this section that apply to vehicles
registered in such areas((. In addition the department of ecology
shall provide information to motor vehicle owners)); and
(b) On the relationship between motor vehicles and air pollution
and steps motor vehicle owners should take to reduce motor vehicle
related air pollution. ((The department of licensing shall send to all
registered motor vehicle owners affected by the emission testing
program notice that they must have an emission test to renew their
registration.))
(4) The department of licensing shall:
(a) Notify all registered motor vehicle owners affected by the
emission testing program that they must have an emission test to renew
their registration;
(b) Adopt rules implementing and enforcing this section, except for
subsection (2)(e) of this section, as specified in chapter 34.05 RCW.
(5) A motor vehicle may not be registered, leased, rented, or sold
for use in the state, starting with the model year as provided in RCW
70.120A.010, unless the vehicle:
(a) Has seven thousand five hundred miles or more; or
(b)(i) Is consistent with the vehicle emission standards and carbon
dioxide equivalent emission standards adopted by the department of
ecology; and
(ii) Has a California certification label for all emission
standards, and carbon dioxide equivalent emission standards necessary
to meet fleet average requirements.
(6) The department of licensing, in consultation with the
department of ecology, may adopt rules necessary to implement this
section and may provide for reasonable exemptions to these
requirements. The department of ecology may exempt public safety
vehicles from meeting the standards where the department finds that
vehicles necessary to meet the needs of public safety agencies are not
otherwise reasonably available.
Sec. 407 RCW 46.16.020 and 1986 c 30 s 1 are each amended to read
as follows:
(1) The following vehicles are exempt from the payment of vehicle
license fees:
(a) Any vehicle 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 and used exclusively
by them((, and all));
(b) Vehicles owned or leased with an option to purchase by the
United States government, or by the government of foreign countries, or
by international bodies to which the United States government is a
signatory by treaty((, or));
(c) Vehicles owned or leased by the governing body of an Indian
tribe located within this state and recognized as a governmental entity
by the United States department of the interior, and used exclusively
in its ((or their)) service ((shall be exempt from the payment of
license fees for the licensing thereof as in this chapter provided:
PROVIDED, HOWEVER, That such vehicles, except those));
(d) Any bus or vehicle owned and operated by a private school or
schools meeting the requirements of RCW 28A.195.010 and used by that
school or schools primarily to transport children to and from school or
to transport children in connection with school activities. A
registration issued by the department for these buses or vehicles is
exempt from the motor vehicle excise tax provided in chapter 82.44 RCW;
(e) Vehicles owned and used exclusively by the United States
government and ((which)) are clearly identified by ((clearly
exhibited)) displaying registration numbers or license plates assigned
by ((an instrumentality of that)) the United States government((, shall
be)) if the vehicle is registered ((as prescribed for the license
registration of other vehicles and shall)) and displays ((the vehicle))
license ((number)) plates assigned to it by the United States
government; and
(f) Except for payment of the license plate fee required under
section 517 of this act, vehicles owned and used exclusively by the
United States government and are clearly identified by displaying
registration numbers of license plates assigned by the state of
Washington if the vehicle is registered and displays license plates
assigned to it by the state of Washington.
(2) The department shall assign a license plate or plates to each
vehicle or may assign a block of license plates to an agency or
political subdivision for further assignment by the agency or political
subdivision to individual vehicles registered to it ((pursuant to this
section)). The agency, political subdivision, or Indian tribe, except
a foreign government or international body, shall pay ((a)) the fee
((of two dollars)) required in section 517 of this act for the license
plate or plates for each vehicle.
(3) An Indian tribe located within this state and recognized as a
governmental entity by the United States department of the interior is
not entitled to ((license and)) register any tribal government service
vehicle under this section if that tribe itself ((licenses or))
registers any tribal government service vehicles under tribal law.
((No)) (4) A vehicle ((license)) registration or license ((number))
plates ((shall)) may not be issued to any ((such)) vehicle under ((the
provisions of)) this section for the transportation of school children
unless ((and until such)) the vehicle ((shall have)) has been first
((personally)) inspected by the director or the director's ((duly))
authorized representative.
Sec. 408 RCW 46.16.022 and 1986 c 30 s 2 are each amended to read
as follows:
(1) The provisions of this chapter relating to ((licensing of))
registering vehicles by this state, including the display of
((vehicle)) license ((number)) plates and ((license)) registration
certificates, do not apply to vehicles owned or leased by the governing
body of an Indian tribe located within this state and recognized as a
governmental entity by the United States department of the interior((,
only when)) if:
(a) The vehicle is used exclusively in tribal government service;
((and))
(b) The vehicle has been ((licensed and)) registered under a law
adopted by ((such)) the tribal government; ((and))
(c) ((Vehicle)) License ((number)) plates issued by the tribe
showing the initial or abbreviation of the name of the tribe are
displayed on the vehicle ((substantially as provided therefor)) as
required in this state; ((and))
(d) The tribe has not elected to receive ((any)) Washington state
license plates for tribal government service vehicles ((pursuant to))
as authorized in RCW 46.16.020 (as recodified by this act); and
(e) If required by the department, the tribe provides the
department with vehicle description and ownership information similar
to that required for vehicles registered in this state, which may
include the model year, make, model series, body type, type of power
(((gasoline, diesel, or other), VIN)), vehicle identification number,
and the license plate number assigned to each government service
vehicle ((licensed)) registered by that tribe.
(2) ((The provisions of)) This section ((are operative as to a
vehicle owned or leased by an Indian tribe located within this state
and used exclusively in tribal government service only to the extent
that under)) applies only if the laws of the tribe ((like)):
(a) Allow similar exemptions and privileges ((are granted)) to all
vehicles ((duly licensed)) registered under the laws of this state
((for operation of such vehicles)) on all tribal roads within the
tribe's reservation((. If under the laws of the tribe,)); and
(b) Do not require persons operating vehicles ((licensed))
registered by this state ((are required)) to pay a ((license or))
registration fee or to carry or display ((vehicle)) license ((number))
plates or a registration certificate issued by the tribe((, the tribal
government shall comply with the provisions of this state's laws
relating to the licensing and registration of vehicles operating on the
highways of this state)).
Sec. 409 RCW 46.16.025 and 1979 c 158 s 139 are each amended to
read as follows:
((Before any "farm vehicle", as defined in RCW 46.04.181, shall
operate on or move along a public highway, there shall be displayed
upon it in a conspicuous manner a decal or other device, as may be
prescribed by the director of licensing and issued by the department of
licensing, which shall describe in some manner the vehicle and identify
it as a vehicle exempt from the licensing requirements of this chapter.
Application for such identifying devices shall be made to the
department on a form furnished for that purpose by the director. Such
application shall be made by the owner or lessee of the vehicle, or his
duly authorized agent over the signature of such owner or agent, and he
shall certify that the statements therein are true to the best of his
knowledge. The application must show:))
(1) The name and address of the owner of the vehicle;
(2) The trade name of the vehicle, model, year, type of body, the
motor number or the identification number thereof if such vehicle be a
motor vehicle, or the serial number thereof if such vehicle be a
trailer;
(3) The purpose for which said vehicle is to be principally used;
(4) Such other information as shall be required upon such
application by the director; and
(5) Place where farm vehicle is principally used or garaged.
A fee of five dollars shall be charged for and submitted with such
application for an identification decal as in this section provided as
to each farm vehicle which fee shall be deposited in the motor vehicle
fund and distributed proportionately as otherwise provided for vehicle
license fees under RCW 46.68.030. Only one application need be made as
to each such vehicle, and the status as an exempt vehicle shall
continue until suspended or revoked for misuse, or when such vehicle no
longer is used as a farm vehicle.
(1) A farmer shall apply to the department, county auditor or other
agent, or subagent appointed by the director for a farm exempt decal
for a farm vehicle if the farm vehicle is exempt under section 404(3)
of this act. The farm exempt decal:
(a) Allows the farm vehicle to be operated within a radius of
fifteen miles of the farm where it is principally used or garaged;
(b) Must be displayed on the farm vehicle so that it is clearly
visible from outside of the farm vehicle; and
(c) Must identify that the farm vehicle is exempt from the
registration requirements of this chapter.
(2) A farmer or the farmer's representative must apply for a farm
exempt decal on a form furnished or approved by the department. The
application must show:
(a) The name and address of the person who is the owner of the
vehicle;
(b) A full description of the vehicle, including its make, model,
year, the motor number or the vehicle identification number if the
vehicle is a motor vehicle, or the serial number if the vehicle is a
trailer;
(c) The purpose for which the vehicle is principally used;
(d) The place where the farm vehicle is principally used or
garaged; and
(e) Other information as required by the department upon
application.
(3) The department, county auditor or other agent, or subagent
appointed by the director shall collect the fee required under section
526 of this act when issuing a farm exempt decal.
(4) A farm exempt decal may not be renewed. The status as an
exempt vehicle continues until suspended or revoked for misuse, or when
the vehicle is no longer used as a farm vehicle.
(5) The department may adopt rules to implement this section.
Sec. 410 RCW 46.16.028 and 1997 c 59 s 7 are each amended to read
as follows:
(1) For the purposes of vehicle ((license)) registration, a
resident is a person who manifests an intent to live or be located in
this state on more than a temporary or transient basis. Evidence of
residency includes, but is not limited to:
(a) Becoming a registered voter in this state; ((or))
(b) Receiving benefits under one of the Washington public
assistance programs; or
(c) Declaring ((that he or she is a resident)) residency for the
purpose of obtaining a state license or tuition fees at resident rates.
(2) ((The term)) A natural person may be a resident of this state
even though that person has or claims residency or domicile in another
state or intends to leave this state at some future time. A natural
person is presumed a resident if the natural person meets at least two
of the following conditions:
(a) Maintains a residence in this state for personal use;
(b) Has a Washington state driver's license or a Washington state
resident hunting or fishing license;
(c) Uses a Washington state address for federal income tax or state
tax purposes;
(d) Has previously maintained a residence in this state for
personal use and has not established a permanent residence outside the
state of Washington, such as a person who retires and lives in a motor
home or vessel that is not permanently attached to any property;
(e) Claims this state as his or her residence for obtaining
eligibility to hold a public office or for judicial actions;
(f) Is a custodial parent with a child attending public schools in
this state.
(3) "Washington public assistance programs," as referred to in
subsection (1)(b) of this section, includes only public assistance
programs for which more than fifty percent of the combined costs of
benefits and administration are paid from state funds. ((Programs
which are not included within the term)) "Washington public assistance
programs" ((pursuant to the above criteria)) does not include((, but
are not limited to)): The food stamp program under the federal food
stamp act of 1964; programs under the child nutrition act of 1966, 42
U.S.C. Secs. 1771 through 1788; and temporary assistance for needy
families.
(((3))) (4) A resident of the state shall apply for a certificate
of title under chapter 46.12 RCW and register under this chapter((s
46.12 and 46.16 RCW)) a vehicle to be operated on the highways of the
state. New Washington residents ((shall be)) are allowed thirty days
from the date they become residents as defined in this section to
((procure)) obtain Washington registration for their vehicles. This
thirty-day period ((shall)) may not be combined with any other period
of reciprocity provided for in this chapter or chapter 46.85 RCW.
Sec. 411 RCW 46.16.029 and 1987 c 142 s 2 are each amended to
read as follows:
((It is unlawful to)) A person may not purchase a vehicle
((bearing)) displaying foreign license plates without removing and
destroying the license plates unless:
(1) The out-of-state vehicle is sold to a Washington resident by a
resident of a jurisdiction where the license plates follow the owner
((or));
(2) The out-of-state license plates may be returned to the
jurisdiction of issuance by the owner for refund purposes; or
(3) For ((such)) other reasons as determined by the department
((may deem appropriate)) by rule.
Sec. 412 RCW 46.16.030 and 1991 c 163 s 2 are each amended to
read as follows:
((Except as is herein provided for foreign businesses,)) (1) The
provisions ((relative)) of this chapter relating to the ((licensing))
registration of vehicles and display of ((vehicle)) license ((number))
plates and ((license)) registration certificates ((shall)) do not apply
to ((any)) vehicles owned by nonresidents of this state if:
(a) The owner ((thereof)) has complied with the law requiring the
((licensing)) registration of vehicles in the names of the owners
((thereof)) in force in the state, foreign country, territory, or
federal district of ((his or her)) residence; and
(b) The ((vehicle)) license ((number)) plate showing the initial or
abbreviation of the name of ((such)) the state, foreign country,
territory, or federal district((,)) is displayed on ((such)) the
vehicle substantially as ((is provided therefor)) required in this
state. ((The provisions of this section shall be operative as to a
vehicle owned by a nonresident of this state only to the extent that
under the laws of the state, foreign country, territory or federal
district of his or her residence, like))
(2) This section applies only if the laws of the state, foreign
country, territory, or federal district of the nonresident's residence
allow similar exemptions and privileges ((are granted)) to vehicles
((duly licensed)) registered under the laws of ((and owned by residents
of this state. If under the laws of such)) the foreign state,
((foreign)) country, territory, or federal district((, vehicles owned
by residents of this state, operating upon the highways of such state,
foreign country, territory or federal district, are required to pay the
license fee and carry the vehicle license number plates of such state,
foreign country, territory or federal district, the vehicles owned by
residents of such state, foreign country, territory or federal
district, and operating upon the highways of this state, shall comply
with the provisions of this state relating to the licensing of
vehicles)).
(3) Foreign businesses owning, maintaining, or operating places of
business in this state and using vehicles in connection with ((such))
those places of business((,)) shall comply with ((the provisions
relating to the licensing of vehicles insofar as vehicles used in
connection with such places of business are concerned)) this chapter.
Under provisions of the international registration plan, the nonmotor
vehicles of member and nonmember jurisdictions ((which)) that are
properly based and ((licensed)) registered in such jurisdictions ((are
granted)) have reciprocity in this state as provided in RCW
46.87.070(((2))).
(4) The director ((is empowered to make)) may adopt and enforce
rules ((and regulations)) for the ((licensing)) registration of
nonresident vehicles ((upon)) on a reciprocal basis and with respect to
any character or class of operation.
Sec. 413 RCW 46.16.040 and 1987 c 244 s 2 are each amended to
read as follows:
((Application for original vehicle license shall be made on [a]
form furnished for the purpose by the department. Such application
shall be made by the owner of the vehicle or duly authorized agent over
the signature of such owner or agent, and the applicant shall certify
that the statements therein are true to the best of the applicant's
knowledge. The application must show:))
(1) Name and address of the owner of the vehicle and, if the
vehicle is subject to a security agreement, the name and address of the
secured party;
(2) Trade name of the vehicle, model, year, type of body, the
identification number thereof;
(3) The power to be used -- whether electric, steam, gas or other
power;
(4) The purpose for which said vehicle is to be used and the nature
of the license required;
(5) The licensed gross weight for such vehicle which in the case of
for hire vehicles and auto stages with seating capacity of more than
six shall be the adult seating capacity thereof, including the
operator, as provided for in RCW 46.16.111. In the case of motor
trucks, tractors, and truck tractors, the licensed gross weight shall
be the gross weight declared by the applicant pursuant to the
provisions of RCW 46.16.111;
(6) The unladen weight of such vehicle, if it be a motor truck or
trailer, which shall be the shipping weight thereof as given by the
manufacturer thereof unless another weight is shown by weight slip
verified by a certified weighmaster, which slip shall be attached to
the original application;
(7) Such other information as shall be required upon such
application by the department.
(1) An owner or the owner's authorized representative must apply
for an original vehicle registration to the department, county auditor
or other agent, or subagent appointed by the director on a form
furnished by the department. The application must contain:
(a) A description of the vehicle, including its make, model,
vehicle identification number, type of body, and power to be used;
(b) The name and address of the person who is the registered owner
of the vehicle and, if the vehicle is subject to a security interest,
the name and address of the secured party;
(c) The purpose for which the vehicle is to be used;
(d) The licensed gross weight for the vehicle, which is:
(i) The adult seating capacity, including the operator, as provided
for in RCW 46.16.070(1) (as recodified by this act) if the vehicle will
be operated as a for hire vehicle or auto stage and has a seating
capacity of more than six; or
(ii) The gross weight declared by the applicant as required in RCW
46.16.070(2) (as recodified by this act) if the vehicle will be
operated as a motor truck, tractor, or truck tractor;
(e) The empty scale weight of the vehicle; and
(f) Other information that the department may require.
(2) The registered owner or the registered owner's authorized
representative shall sign the application for an original vehicle
registration and certify that the statements on the application are
true to the best of the applicant's knowledge.
(3) The application for an original vehicle registration must be
accompanied by a draft, money order, certified bank check, or cash for
all fees and taxes due for the application for an original vehicle
registration.
NEW SECTION. Sec. 414 A new section is added to chapter 46.16
RCW under the subchapter heading "general provisions" to read as
follows:
(1) The department may refuse to issue or may cancel a registration
at any time when the department determines that an applicant for
registration is not entitled to one. Notice of cancellation may be
accomplished by sending a notice by first-class mail using the last
known address in department records for the registered or legal owner
or owners, and completing an affidavit of first-class mail. It is
unlawful for any person to remove, drive, or operate the vehicle until
a proper registration certificate has been issued. A person removing,
driving, or operating a vehicle after the refusal to issue or
cancellation of the registration is guilty of a gross misdemeanor.
(2) The suspension, revocation, cancellation, or refusal by the
director of a registration certificate provided under this chapter is
conclusive unless the person whose registration or certificate is
suspended, revoked, canceled, or refused appeals to the superior court
of Thurston county or the person's county of residence.
(a) Notice of appeal must be filed within ten days after receipt of
the notice of suspension, revocation, cancellation, or refusal. Upon
the filing of the notice of appeal, the court shall issue an order to
the director to show cause why the registration should not be granted
or reinstated and return the order not less than ten days after the
date of service to the director. Service must be in the same manner as
prescribed for the service of a summons and complaint in other civil
actions.
(b) Upon the hearing on the order to show cause, the court shall
hear evidence concerning matters with reference to the suspension,
revocation, cancellation, or refusal of the registration and shall
enter judgment either affirming or setting aside the suspension,
revocation, cancellation, or refusal.
Sec. 415 RCW 46.16.045 and 2008 c 51 s 1 are each amended to read
as follows:
(1) ((The department in its discretion may grant a temporary permit
to operate a vehicle for which application for registration has been
made, where such application is accompanied by the proper fee pending
action upon said application by the department.)) The department may authorize vehicle dealers properly
licensed ((
(2)pursuant to)) under chapters 46.09, 46.10, and 46.70 RCW to
issue temporary permits to operate vehicles under ((such)) rules ((and
regulations as)) adopted by the department ((deems appropriate)).
(((3))) (2) The ((fee)) department, county auditor or other agent,
or subagent appointed by the director shall collect the fee required
under section 535(1)(a) of this act for each temporary permit
application ((distributed)) sold to an authorized vehicle dealer
((shall be fifteen dollars, five dollars of which shall be credited to
the payment of registration fees at the time application for
registration is made. The remainder shall be deposited to the state
patrol highway account)).
(((4))) (3) The payment of ((the registration)) vehicle license
fees to an authorized dealer is considered payment to the state of
Washington.
(((5) By July 1, 2009,)) (4) The department shall provide access to
a secure system that allows temporary permits issued by vehicle dealers
properly licensed ((pursuant to)) under chapters 46.09, 46.10, and
46.70 RCW to be generated and printed on demand. By July 1, 2011, all
such permits must be generated using the designated system.
Sec. 416 RCW 46.16.047 and 1961 c 12 s 46.16.047 are each amended
to read as follows:
((Forms for such temporary permits shall be prescribed and
furnished by the department. Temporary permits shall bear consecutive
numbers, shall show the name and address of the applicant, trade name
of the vehicle, model, year, type of body, identification number and
date of application, and shall be such as may be affixed to the vehicle
at the time of issuance, and remain on such vehicle only during the
period of such registration and until the receipt of permanent license
plates. The application shall be registered in the office of the
person issuing the permit and shall be forwarded by him to the
department each day together with the fee accompanying it.))
A fee of fifty cents shall be charged by the person authorized to
issue such permit which shall be accounted for in the same manner as
the other fees collected by such officers, provided that such fees
collected by county auditors or their agents 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.
(1) The department, county auditor or other agent, or subagent
appointed by the director may grant a temporary permit to operate a
vehicle for which an application for registration has been made. The
application for a temporary permit must be made by the owner or the
owner's representative to the department, county auditor or other
agent, or subagent appointed by the director on a form furnished by the
department and must contain:
(a) A full description of the vehicle, including its make, model,
vehicle identification number, and type of body;
(b) The name and address of the applicant;
(c) The date of application; and
(d) Other information that the department may require.
(2) Temporary permits must:
(a) Be consecutively numbered;
(b) Be displayed where it is visible from outside of the vehicle,
such as on the inside left side of the rear window; and
(c) Remain on the vehicle only until the receipt of permanent
license plates.
(3) The application must be accompanied by the fee required under
section 535(1)(b) of this act.
Sec. 417 RCW 46.16.048 and 1977 c 25 s 2 are each amended to read
as follows:
The department ((in its discretion)) may issue a temporary letter
of authority authorizing the movement of an ((unlicensed)) unregistered
vehicle or the temporary ((usage)) use of a special plate for the
purpose of promoting or participating in an event such as a parade,
pageant, fair, convention, or other special community activity. The
letter of authority may not be issued to or used by anyone for personal
gain, but public identification of the sponsor or owner of the donated
vehicle shall not be considered to be personal gain.
Sec. 418 RCW 46.16.068 and 1998 c 321 s 32 are each amended to
read as follows:
((Trailing units which are subject to RCW 82.44.020(4) shall, upon
application, be issued a permanent license plate that is valid until
the vehicle is sold, permanently removed from the state, or otherwise
disposed of by the registered owner. The fee for this license plate is
thirty-six dollars. Upon the sale, permanent removal from the state,
or other disposition of a trailing unit bearing a permanent license
plate the registered owner is required to return the license plate and
registration certificate to the department. Violations of this section
or misuse of a permanent license plate may subject the registered owner
to prosecution or denial, or both, of future permanent registration of
any trailing units. This section does not apply to any trailing units
subject to the annual excise taxes prescribed in RCW 82.44.020. The
department is authorized to adopt rules to implement this section for
leased vehicles and other applications as necessary.))
(1) Trailers that are towed in combination with a truck, motor
truck, truck tractor, road tractor, or tractor and used to transport
loads in excess of forty thousand pounds combined gross weight may be
issued a permanent license plate and registration. The permanent
license plate and registration is valid until the trailer is sold,
permanently removed from the state, or otherwise disposed of by the
registered owner. The owner of the trailer shall:
(a) Apply for the permanent license plate and registration with the
department, county auditor or other agent, or subagent;
(b) Pay the combination trailer license plate fee required under
section 516 of this act in addition to any other fee or taxes due by
law; and
(c) Return the license plate and registration certificate to the
department if the trailer is sold, permanently removed from the state,
or otherwise disposed of.
(2) The permanent license plate and registration authorized in
subsection (1) of this section may not be issued to trailers that haul
logs.
(3) A violation of this section or misuse of a permanent license
plate may subject the registered owner to prosecution or denial, or
both, of future permanent registration of any trailer.
(4) The department may adopt rules to implement this section for
leased vehicles and other applications as necessary.
Sec. 419 RCW 46.16.070 and 2005 c 314 s 204 are each amended to
read as follows:
(((1) In lieu of all other vehicle licensing fees, unless
specifically exempt, and in addition to the mileage fees prescribed for
buses and stages in RCW 46.16.125, there shall be paid and collected
annually for each truck, motor truck, truck tractor, road tractor,
tractor, bus, auto stage, or for hire vehicle with seating capacity of
more than six, based upon the declared combined gross weight or
declared gross weight under chapter 46.44 RCW, the following licensing
fees by weight:
Sec. 420 RCW 46.16.076 and 2009 c 512 s 1 are each amended to
read as follows:
(((1)(a) Except as otherwise provided in this section, the
department shall collect from the owners of vehicles registered under
RCW 46.16.0621 and vehicles licensed under RCW 46.16.070 with a
declared gross weight of ten thousand pounds or less a voluntary
donation of five dollars at the time of initial or renewal
registration. The donation must be deposited in the state parks
renewal and stewardship account established in RCW 79A.05.215 to be
used for the operation and maintenance of state parks.))
(b) The donation required under this section may not be collected
from any vehicle owner actively opting not to participate in the
donation program. The department shall ensure that the opt-out
donation under this section shall be clear, visible, and prominently
displayed in both paper and online vehicle registration renewals.
Notification of intent to not participate in the donation program must
be provided annually at the time of vehicle registration renewal.
(2) This section applies to registrations due or to become due on
or after September 1, 2009.
(1) The department, county auditor or other agent, or subagent
appointed by the director shall provide an opportunity for a vehicle
owner to make a voluntary donation as provided in this section when
applying for an initial or renewal vehicle registration.
(2)(a) A vehicle owner who registers a vehicle under this chapter
may donate one dollar or more to the organ and tissue donation
awareness account to promote the donation of organs and tissues under
the uniform anatomical gift act as described in chapter 68.64 RCW. The
donation of one or more dollars is voluntary and may be refused by the
vehicle owner.
(b) The department, county auditor or other agent, or subagent
appointed by the director shall:
(i) Ask a vehicle owner applying for a vehicle registration if the
owner would like to donate one dollar or more;
(ii) Inform a vehicle owner of the option for organ and tissue
donations as required under RCW 46.20.113; and
(iii) Make information booklets or other informational material
available regarding the importance of organ and tissue donations to
vehicle owners.
(c) All reasonable costs associated with the creation of the
donation program created under this section must be paid proportionally
or by another agreement by a participating Washington state organ
procurement organization established for organ and tissue donation
awareness purposes by the Washington state organ procurement
organizations. For the purposes of this section, "reasonable costs"
and "Washington state organ procurement organization" have the same
meaning as in RCW 68.64.010.
(3) The department shall collect from a vehicle owner who pays a
vehicle license fee under section 531(1) (a), (d), (e), (g), (h), (j),
(n), (o), or (g) of this act or who registers a vehicle under RCW
46.16.070 (as recodified by this act) with a declared gross weight of
ten thousand pounds or less a voluntary donation of five dollars. The
donation may not be collected from any vehicle owner actively opting
not to participate in the donation program. The department shall
ensure that the opt-out donation under this section is clear, visible,
and prominently displayed in both paper and online vehicle registration
renewals. Notification of intent to not participate in the donation
program must be provided annually at the time of vehicle registration
renewal. The donation must be deposited in the state parks renewal and
stewardship account established in RCW 79A.05.215 to be used for the
operation and maintenance of state parks.
Sec. 421 RCW 46.16.086 and 2006 c 337 s 2 are each amended to
read as follows:
((In lieu of the license tab fees provided in RCW 46.16.0621,
private use single-axle trailers of two thousand pounds scale weight or
less may be licensed upon the payment of a license fee in the sum of
fifteen dollars, but only if)) Private use single-axle trailers of two
thousand pounds scale weight or less may qualify for a reduced vehicle
license fee described in section 531(1)(k) of this act. To qualify for
the reduced vehicle license fee:
(1) The trailer ((is)) must be operated upon public highways((.));
(2) The vehicle license fee must be collected annually for each
registration year or fraction of a registration year((. This reduced
license fee applies only to)); and
(3) The trailer((s)) must be operated for personal use of the
owner((s,)) and not ((trailers)) held for rental to the public or used
in any commercial or business endeavor. ((The proceeds from the fees
collected under this section shall be distributed in accordance with
RCW 46.68.035(2).))
NEW SECTION. Sec. 422 A new section is added to chapter 46.16
RCW under the subchapter heading "general provisions" to read as
follows:
(1) Design. All license plates may be obtained by the director
from the metal working plant of a state correctional facility or from
any source in accordance with existing state of Washington purchasing
procedures. License plates:
(a) May vary in background, color, and design;
(b) Must be legible and clearly identifiable as a Washington state
license plate;
(c) Must designate the name of the state of Washington without
abbreviation;
(d) Must be treated with fully reflectorized materials designed to
increase visibility and legibility at night;
(e) Must be of a size and color and show the registration period as
determined by the director; and
(f) May display a symbol or artwork approved by the special license
plate review board and the legislature.
(2) Exceptions to reflectorized materials. License plates issued
before January 1, 1968, are not required to be treated with
reflectorized materials.
(3) Dealer license plates. License plates issued to a dealer must
contain an indication that the license plates have been issued to a
vehicle dealer.
(4)(a) Furnished. The director shall furnish to all persons making
satisfactory application for a vehicle registration:
(i) Two identical license plates each containing the license plate
number; or
(ii) One license plate if the vehicle is a trailer, semitrailer,
camper, moped, collector vehicle, horseless carriage, or motorcycle.
(b) The director may adopt types of license plates to be used as
long as the license plates are legible.
(5)(a) Display. License plates must be:
(i) Attached conspicuously at the front and rear of each vehicle if
two license plates have been issued;
(ii) Attached to the rear of the vehicle if one license plate has
been issued;
(iii) Kept clean and be able to be plainly seen and read at all
times; and
(iv) Attached in a horizontal position at a distance of not more
than four feet from the ground.
(b) The Washington state patrol may grant exceptions to this
subsection if the body construction of the vehicle makes compliance
with this section impossible.
(6) Change of license classification. A person who has altered a
vehicle that makes the current license plate or plates invalid for the
vehicle's use shall:
(a) Surrender the current license plate or plates to the
department, county auditor or other agent, or subagent appointed by the
director;
(b) Apply for a new license plate or plates; and
(c) Pay a change of classification fee required under section 523
of this act.
(7) Unlawful acts. It is unlawful to:
(a) Display a license plate or plates on the front or rear of any
vehicle that were not issued by the director for the vehicle;
(b) Display a license plate or plates on any vehicle that have been
changed, altered, or disfigured, or have become illegible;
(c) Use holders, frames, or other materials that change, alter, or
make a license plate or plates illegible. License plate frames may be
used on license plates only if the frames do not obscure license tabs
or identifying letters or numbers on the plates and the license plates
can be plainly seen and read at all times;
(d) Operate a vehicle unless a valid license plate or plates are
attached as required under this section;
(e) Transfer a license plate or plates issued under this chapter
between two or more vehicles without first making application to
transfer the license plates. A violation of this subsection (7)(e) is
a traffic infraction subject to a fine not to exceed five hundred
dollars. Any law enforcement agency that determines that a license
plate or plates have been transferred between two or more vehicles
shall confiscate the license plate or plates and return them to the
department for nullification along with full details of the reasons for
confiscation. Each vehicle identified in the transfer will be issued
a new license plate or plates upon application by the owner or owners
and the payment of full fees and taxes; or
(f) Fail, neglect, or refuse to endorse the registration
certificate and deliver the license plate or plates to the purchaser or
transferee of the vehicle, except as authorized under this section.
(8) Transfer. (a) Standard issue license plates follow the vehicle
when ownership of the vehicle changes unless the registered owner
wishes to retain the license plates and transfer them to a replacement
vehicle of the same use. A registered owner wishing to keep standard
issue license plates shall pay the license plate transfer fee required
under section 518(1)(c) of this act when applying for license plate
transfer.
(b) Special license plates may be treated in the same manner as
described in (a) of this subsection unless otherwise limited by law.
(c) License plates issued to the state or any county, city, town,
school district, or other political subdivision entitled to exemption
as provided by law may be treated in the same manner as described in
(a) of this subsection.
(9) Replacement. (a) An owner or the owner's authorized
representative shall apply for a replacement license plate or plates if
the current license plate or plates assigned to the vehicle have been
lost, defaced, or destroyed, or if one or both plates have become so
illegible or are in such a condition as to be difficult to distinguish.
An owner or the owner's authorized representative may apply for a
replacement license plate or plates at any time the owner chooses.
(b) The application for a replacement license plate or plates must:
(i) Be on a form furnished or approved by the director; and
(ii) Be accompanied by the fee required under section 518(1)(a) of
this act.
(c) The department shall not require the payment of any fee to
replace a license plate or plates for vehicles owned, rented, or leased
by foreign countries or international bodies to which the United States
government is a signatory by treaty.
(10)(a) Periodic replacement. License plates must be replaced
periodically to ensure maximum legibility and reflectivity. The
department shall:
(i) Use empirical studies documenting the longevity of the
reflective materials used to make license plates;
(ii) Determine how frequently license plates must be replaced; and
(iii) Offer to owners the option of retaining the current license
plate number when obtaining replacement license plates for the fee
required in section 518(1)(b) of this act.
(b) Commercial motor vehicles with a gross weight in excess of
twenty-six thousand pounds are exempt from periodic license plate
replacement.
(11) Periodic replacement--exceptions. The following license
plates are not required to be periodically replaced as required in
subsection (10) of this section:
(a) Horseless carriage license plates issued under section 623 of
this act before January 1, 1987;
(b) Congressional Medal of Honor license plates issued under
section 618 of this act;
(c) License plates for commercial motor vehicles with a gross
weight greater than twenty-six thousand pounds.
(12) Rules. The department may adopt rules to implement this
section.
(13) Tabs or emblems. The director may issue tabs or emblems to be
attached to license plates or elsewhere on the vehicle to signify
initial registration and renewals. Renewals become effective when tabs
or emblems have been issued and properly displayed on license plates.
Sec. 423 RCW 46.16.090 and 1989 c 156 s 3 are each amended to
read as follows:
((Motor trucks, truck tractors, and tractors may be specially
licensed based on the declared gross weight thereof for the various
amounts set forth in the schedule provided in RCW 46.16.070 less
twenty-three dollars; divide the difference by two and add twenty-three
dollars, when such vehicles are owned and operated by farmers, but only
if the following condition or conditions exist:))
(1) When such vehicles are to be used for the transportation of the
farmer's own farm, orchard, or dairy products, or the farmer's own
private sector cultured aquatic products as defined in RCW 15.85.020,
from point of production to market or warehouse, and of supplies to be
used on the farmer's farm. Fish other than those that are such private
sector cultured aquatic products and forestry products are not
considered as farm products; and/or
(2) When such vehicles are to be used for the infrequent or
seasonal transportation by one farmer for another farmer in the
farmer's neighborhood of products of the farm, orchard, dairy, or
aquatic farm owned by the other farmer from point of production to
market or warehouse, or supplies to be used on the other farm, but only
if transportation for another farmer is for compensation other than
money. Farmers shall be permitted an allowance of an additional eight
thousand pounds, within the legal limits, on such vehicles, when used
in the transportation of the farmer's own farm machinery between the
farmer's own farm or farms and for a distance of not more than thirty-five miles from the farmer's farm or farms.
The department shall prepare a special form of application to be
used by farmers applying for licenses under this section, which form
shall contain a statement to the effect that the vehicle concerned will
be used subject to the limitations of this section. The department
shall prepare special insignia which shall be placed upon all such
vehicles to indicate that the vehicle is specially licensed, or may, in
its discretion, substitute a special license plate for such vehicle for
such designation.
Operation of such a specially licensed vehicle in transportation
upon public highways in violation of the limitations of this section is
a traffic infraction.
(1) Motor trucks, truck tractors, and tractors owned and operated
by farmers may receive a reduction in gross weight license fees as
described in section 527 of this act only if the vehicle is used
exclusively to transport:
(a) The farmer's own farm, orchard, dairy, or private sector
cultured aquatic products as defined in RCW 15.85.020, from point of
production to market or warehouse. Fish other than private sector
cultured aquatic products or forestry products are not considered farm
products;
(b) Supplies used on the farmer's farm; or
(c) Products owned by the farm as listed in (a) of this subsection
for another farmer in the neighborhood on a seasonal or infrequent
basis. This may only be for compensation other than money.
(2) Farm vehicles that meet the requirements provided in subsection
(1)(a) through (c) of this section may receive a reduction in gross
weight license fees if the farm is exempt from property taxes under RCW
84.36.630. The reduction is the reduced gross weight license fee
provided in section 527 of this act. To qualify for the additional
gross weight license fee reduction, the farmer must submit copies of
the forms as required under RCW 84.36.630.
(3) An additional eight thousand pounds gross weight within the
legal limits on farm vehicles may be used if the farmer is transporting
the farmer's own farm machinery between the farmer's own farm or farms
and for a distance of not more than thirty-five miles.
(4) The application for a reduced gross weight license fee must be
made by the farmer or the farmer's authorized representative to the
department, county auditor or other agent, or subagent appointed by the
director on a form furnished or approved by the department and must
contain a statement that the vehicle will be used subject to the
limitations of this section.
(5) The department, county auditor or other agent, or subagent
appointed by the director shall issue a unique series of license tabs
for farm vehicles registered under this section. Farm tabs must be
placed on all farm vehicles registered under this section to indicate
that the vehicle is registered as a farm vehicle. The department may
substitute a special license plate for farm vehicles.
(6) It is a traffic infraction to operate a farm vehicle registered
under this section on the public highways in violation of the
limitations of this section.
Sec. 424 RCW 46.16.125 and 1997 c 215 s 2 are each amended to
read as follows:
In addition to the license fees required ((by)) under section 530
of this act for registering vehicles under RCW 46.16.070 (as recodified
by this act), operators of auto stages with seating capacity over six
shall pay, at the time they file gross earning returns with the
utilities and transportation commission, the sum of fifteen cents for
each one hundred vehicle miles operated by each auto stage over the
public highways of this state. However, in the case of each auto stage
propelled by steam, electricity, natural gas, diesel oil, butane, or
propane, the payment required in this section is twenty cents per one
hundred miles of such operation. The commission shall transmit all
sums so collected to the state treasurer, who shall deposit the same in
the motor vehicle fund. Any person failing to make any payment
required by this section is subject to a penalty of one hundred percent
of the payment due in this section, in addition to any penalty provided
for failure to submit a report. Any penalties so collected shall be
credited to the public service revolving fund.
Sec. 425 RCW 46.16.160 and 2007 c 419 s 6 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 are required for movement of mobile homes or park model
trailers and may only be issued if property taxes are paid in full.
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.))
(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, department of licensing, or other agents
appointed by the department. The fee for each trip permit is twenty
dollars. Five dollars from every twenty-dollar trip permit fee shall
be deposited into the state patrol highway account and must be used for
commercial motor vehicle inspections. For each permit issued, the fee
includes a filing fee as provided by RCW 46.01.140 and an excise tax of
one dollar. The remaining portion of the trip permit fee must be
deposited to the credit of the motor vehicle fund as an administrative
fee. If the filing fee amount of three dollars as prescribed in RCW
46.01.140 is increased or decreased after July 1, 2002, the
administrative fee must be increased or decreased by the same amount so
that the total trip permit would be adjusted equally to compensate.
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) Commercial motor vehicles that are owned by a motor carrier
subject to RCW 46.32.080, must not be operated on trip permits
authorized by RCW 46.16.160 or 46.16.162 if the motor carrier's
department of transportation number has been placed out of service by
the Washington state patrol. A violation of or a failure to comply
with this subsection is a gross misdemeanor, subject to a minimum
monetary penalty of two thousand five hundred dollars for the first
violation and five thousand dollars for each subsequent violation.
(8) Except as provided in subsection (7) of this section, a
violation of or a failure to comply with any provision of this section
is a gross misdemeanor.
(9) The department of licensing may adopt rules as it deems
necessary to administer this section.
(10) 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.
(1)(a) A vehicle owner may operate an unregistered vehicle on
public highways under the authority of a trip permit issued by this
state. For purposes of trip permits, a vehicle is considered
unregistered if:
(i) Under reciprocal relations with another jurisdiction, the owner
would be required to register the vehicle in this state;
(ii) The license tabs have expired; or
(iii) The current gross weight license is insufficient for the load
being carried. The licensed gross weight may not exceed eighty
thousand pounds for a combination of vehicles or forty thousand pounds
for a single unit vehicle with three or more axles.
(b) Trip permits are required to move mobile homes or park model
trailers and may only be issued if property taxes are paid in full.
(2) Trip permits may not be:
(a) Issued to vehicles registered under RCW 46.16.070(5) (as
recodified by this act) in lieu of further registration within the same
registration year; or
(b) Used for commercial motor vehicles owned by a motor carrier
subject to RCW 46.32.080 if the motor carrier's department of
transportation number has been placed out of service by the Washington
state patrol. A violation of or a failure to comply with this
subsection is a gross misdemeanor, subject to a minimum monetary
penalty of two thousand five hundred dollars for the first violation
and five thousand dollars for each subsequent violation.
(3)(a) Each trip permit authorizes the operation of a single
vehicle at the maximum legal weight limit for the vehicle for a period
of three consecutive days beginning with the day of first use. No more
than three trip permits may be used for any one vehicle in any thirty
consecutive day period. No more than two trip permits may be used for
any one recreational vehicle, as defined in RCW 43.22.335, in a one-year period. Every trip permit must:
(i) Identify the vehicle for which it is issued;
(ii) Be completed in its entirety;
(iii) Be signed by the operator before operation of the vehicle on
the public highways of this state;
(iv) Not be altered or corrected. Altering or correcting data on
the trip permit invalidates the trip permit; and
(v) Be displayed on the vehicle for which it is issued as required
by the department.
(b) Vehicles operating under the authority of trip permits are
subject to all laws, rules, and regulations affecting the operation of
similar vehicles in this state.
(4) Prorate operators operating commercial vehicles on trip permits
in Washington shall retain the customer copy of each permit for four
years.
(5) Trip permits may be obtained from field offices of the
department of transportation, department of licensing, county auditors
or other agents, and subagents appointed by the department for the fee
provided in section 535(1)(h) of this act. Exchanges, credits, or
refunds may not be given for trip permits after they have been
purchased.
(6) Except as provided in subsection (2)(b) of this section, a
violation of or a failure to comply with this section is a gross
misdemeanor.
(7) The department may adopt rules necessary to administer this
section.
Sec. 426 RCW 46.16.162 and 2009 c 452 s 1 are each amended to
read as follows:
(1) The owner of a farm vehicle ((licensed)) registered under RCW
46.16.090 purchasing a monthly ((license)) registration under RCW
((46.16.135)) 46.16.070(5) (as recodified by this act) may((, as an
alternative to the)) operate the farm vehicle under the authority of a
farm vehicle trip permit if:
(a) There is less than one full month remaining in the first
((partial)) month of the ((license)) registration((, secure and operate
the vehicle under authority of a farm vehicle trip permit issued by
this state)); or
(b) A previously issued monthly registration has expired.
(2) A vehicle operating under the authority of a farm vehicle trip
permit is subject to all laws and rules affecting the operation of
similar vehicles in this state. The licensed gross weight of a vehicle
operating under a farm vehicle trip permit may not exceed eighty
thousand pounds for a combination of vehicles ((nor)) or forty thousand
pounds for a single unit vehicle with three or more axles.
(((2) If a monthly license previously issued has expired, the owner
of a farm vehicle may, as an alternative to purchasing a full monthly
license, secure and operate the vehicle under authority of a farm
vehicle trip permit issued by this state. 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.))
(3) Each farm vehicle trip permit ((shall)) authorizes the
operation of a single vehicle at the maximum legal weight limit for the
vehicle for thirty days, ((commencing)) beginning with the day of first
use. No more than four ((such)) farm vehicle trip permits may be used
for any one vehicle in any twelve-month period. Every farm vehicle
trip permit ((shall)) must:
(a) Identify((, as the department may require,)) the vehicle for
which it is issued ((and shall));
(b) Be completed in its entirety ((and));
(c) Be 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));
(d) Not be altered or corrected. Altering or correcting data on
the farm vehicle trip permit invalidates the permit((. The farm
vehicle trip permit shall)); and
(e) Be displayed on the vehicle to which it is issued as
((prescribed)) required by the department.
(4) ((Vehicles operating under authority of farm vehicle trip
permits are subject to all laws, rules, and regulations affecting the
operation of like vehicles in this state.)) Farm vehicle trip permits may be obtained from the department
((
(5)of licensing)), county auditors or other agents ((and)), or subagents
appointed by the ((department)) director for the fee provided in
section 535(1)(c) of this act. ((The fee for each farm vehicle trip
permit is six dollars and twenty-five cents. Farm vehicle trip permits
sold by the department's agents or subagents are subject to fees
specified in RCW 46.01.140 (4)(a), (5)(b), or (6).)) Exchanges, credits, or refunds may not be given for farm
vehicle trip permits after they have been purchased.
(6) The proceeds from farm vehicle trip permits received by the
director shall be forwarded to the state treasurer to be distributed as
provided in RCW 46.68.035(2).
(7) No
(((8))) (5) The department ((of licensing)) may adopt rules as it
deems necessary to administer this section.
NEW SECTION. Sec. 427 A new section is added to chapter 46.16
RCW under the subchapter heading "permits and uses" to read as follows:
The owner of a commercial vehicle properly registered in another
state may apply to the department, county auditor or other agent, or
subagent appointed by the director for an out-of-state commercial
vehicle intrastate permit when operating the commercial vehicle in
Washington state for periods less than one year. The permit may be
issued for a thirty, sixty, or ninety-day period. For each thirty-day
period, the cost of each permit is one-twelfth of the fees required
under chapter 82.44 RCW if the vehicle is subject to locally imposed
motor vehicle excise taxes and (1) under section 530(1) of this act if
the vehicle is a motor vehicle or (2) under section 531(1)(c) of this
act if the vehicle is a commercial trailer.
Sec. 428 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 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 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.
(1) A registered owner or the registered owner's authorized
representative must apply for a renewal vehicle registration to the
department, county auditor or other agent, or subagent appointed by the
director on a form approved by the director. The application for a
renewal vehicle registration must be accompanied by a draft, money
order, certified bank check, or cash for all fees and taxes required by
law for the application for a renewal vehicle registration.
(2) An application and the fees and taxes for a renewal vehicle
registration must be handled in the same manner as an original vehicle
registration application. The registration does not need to show the
name of the lien holder when the application for renewal vehicle
registration becomes the renewal registration upon validation.
(3) A person expecting to be out of state during the normal renewal
period of a vehicle registration may renew a vehicle registration and
have license plates or tabs preissued by applying for a renewal as
described in subsection (1) of this section. A vehicle registration
may be renewed for the subsequent registration year up to eighteen
months before the current expiration date and must be displayed from
the date of issue or from the day of the expiration of the current
registration year, whichever date is later.
(4) An application for a renewal vehicle registration is not
required for those vehicles owned, rented, or leased by:
(a) The state of Washington, or by any county, city, town, school
district, or other political subdivision of the state of Washington; or
(b) 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. 429 RCW 46.16.212 and 1989 c 353 s 10 are each amended to
read as follows:
The department ((of licensing)) shall notify ((the public)) motor
vehicle owners of the liability insurance requirements ((of)) described
in RCW 46.30.020 through 46.30.040 at the time of ((new)) issuance of
an original motor vehicle registration and when the department sends a
motor vehicle registration renewal notice.
Sec. 430 RCW 46.16.216 and 2004 c 231 s 4 are each amended to
read as follows:
(((1) To renew a vehicle license, an applicant shall satisfy all
listed standing, stopping, and parking violations, and other
infractions issued under RCW 46.63.030(1)(d) for the vehicle incurred
while the vehicle was registered in the applicant's name and forwarded
to the department pursuant to RCW 46.20.270(3). For the purposes of
this section, "listed" standing, stopping, and parking violations, and
other infractions issued under RCW 46.63.030(1)(d) include only those
violations for which notice has been received from state or local
agencies or courts by the department one hundred twenty days or more
before the date the vehicle license expires and that are placed on the
records of the department. Notice of such violations received by the
department later than one hundred twenty days before that date that are
not satisfied shall be considered by the department in connection with
any applications for license renewal in any subsequent license year.
The renewal application may be processed by the department or its
agents only if the applicant:))
(a) Presents a preprinted renewal application showing no listed
standing, stopping, or parking violations, or other infractions issued
under RCW 46.63.030(1)(d), or in the absence of such presentation, the
agent verifies the information that would be contained on the
preprinted renewal application; or
(b) If listed standing, stopping, or parking violations, or other
infractions issued under RCW 46.63.030(1)(d) exist, presents proof of
payment and pays a fifteen dollar surcharge.
(2) The surcharge shall be allocated as follows:
(a) Ten dollars shall be deposited in the motor vehicle fund to be
used exclusively for the administrative costs of the department of
licensing; and
(b) Five dollars shall be retained by the agent handling the
renewal application to be used by the agent for the administration of
this section.
(3) If there is a change in the registered owner of the vehicle,
the department shall forward the information regarding the change to
the state or local charging jurisdiction and release any hold on the
renewal of the vehicle license resulting from parking violations or
other infractions issued under RCW 46.63.030(1)(d) incurred while the
certificate of license registration was in a previous registered
owner's name.
(4) The department shall send to all registered owners of vehicles
who have been reported to have outstanding listed parking violations or
other infractions issued under RCW 46.63.030(1)(d), at the time of
renewal, a statement setting out the dates and jurisdictions in which
the violations occurred as well as the amounts of unpaid fines and
penalties relating to them and the surcharge to be collected.
(1) Each court and government agency located in this state having
jurisdiction over standing, stopping, and parking violations, the use
of a photo enforcement system under RCW 46.63.160, and the use of
automated traffic safety cameras under RCW 46.63.170 may forward to the
department any outstanding:
(a) Standing, stopping, and parking violations;
(b) Photo enforcement infractions issued under RCW 46.63.030(1)(d);
and
(c) Automated traffic safety camera infractions issued under RCW
46.63.030(1)(e).
(2) Violations and infractions described in subsection (1) of this
section must be reported to the department in the manner described in
RCW 46.20.270(3).
(3) The department shall:
(a) Record the violations and infractions on the matching vehicle
records; and
(b) Send notice approximately one hundred twenty days in advance of
the current vehicle registration expiration date to the registered
owner listing the dates and jurisdictions in which the violations
occurred, the amounts of unpaid fines and penalties, and the surcharge
to be collected. Only those violations and infractions received by the
department one hundred twenty days or more before the current vehicle
registration expiration date will be included in the notice.
Violations and infractions received by the department later than one
hundred twenty days before the current vehicle registration expiration
date that are not satisfied will be delayed until the next vehicle
registration expiration date.
(4) The department, county auditor or other agent, or subagent
appointed by the director shall not renew a vehicle registration if
there are any outstanding standing, stopping, and parking violations,
and other infractions issued under RCW 46.63.030(1)(d) for the vehicle
unless:
(a) The outstanding, standing, or parking violations were received
by the department within one hundred twenty days before the current
vehicle registration expiration;
(b) There is a change in registered ownership; or
(c) The registered owner presents proof of payment of each
violation and infraction provided in this section and the registered
owner pays the surcharge required under section 504 of this act.
(5) The department shall:
(a) Forward a change in registered ownership information to the
court or government agency who reported the outstanding violations or
infractions; and
(b) Remove the outstanding violations and infractions from the
vehicle record.
Sec. 431 RCW 46.16.225 and 1986 c 18 s 15 are each amended to
read as follows:
((Notwithstanding any provision of law to the contrary,)) The
department may by rule extend or ((diminish)) reduce vehicle
((license)) registration periods for the purpose of staggering renewal
periods. ((Such extension or diminishment of a vehicle license
registration period shall be by rule of the department adopted in
accordance with the provisions of chapter 34.05 RCW.)) The rules may
((provide for the omission of)) exclude any classes or classifications
of vehicles from the staggered renewal system and may provide for the
gradual introduction of classes or classifications of vehicles into the
system. The rules shall provide for the collection of proportionately
increased or decreased vehicle license ((registration)) fees and of
excise or property taxes required to be paid at the time of
registration.
It is the intent of the legislature that there shall be neither a
significant net gain nor loss of revenue to the state general fund or
the motor vehicle fund as the result of implementing and maintaining a
staggered vehicle registration system.
Sec. 432 RCW 46.16.260 and 1986 c 18 s 16 are each amended to
read as follows:
(1) A registration certificate ((of license registration to be
valid must have endorsed thereon the signature of)) must be:
(a) Signed by the registered owner, or ((())if a firm or
corporation, the signature of one of its officers or other ((duly))
authorized agent(() and must be)), to be valid;
(b) Carried in the vehicle for which it is issued((, at all times
in the manner prescribed by the department)); and
(c) Provided to law enforcement and the department by the operator
of the vehicle upon demand.
(2) It ((shall be)) is unlawful for any person to operate or
((have)) be in ((his)) possession of a vehicle without carrying
((thereon such certificate of license)) a registration certificate for
the vehicle. Any person in charge of ((such)) a vehicle shall, upon
demand of any of the local authorities or of any police officer or of
any representative of the department, permit an inspection of ((such
certificate of license)) the vehicle registration certificate. This
section does not apply to a vehicle for which ((annual renewal of its
license plates)) registration is not required to be renewed annually
and ((which)) is a publicly owned vehicle marked ((in accordance with
the provisions of)) as required under RCW 46.08.065.
Sec. 433 RCW 46.16.265 and 1997 c 241 s 6 are each amended to
read as follows:
A registered owner or the registered owner's authorized
representative shall promptly apply for a duplicate registration
certificate if a registration certificate ((of license registration))
is lost, stolen, mutilated, or destroyed, or becomes illegible((, the
registered owner or owners, as shown by the records of the department,
shall promptly make application for and may obtain a duplicate upon
tender of one dollar and twenty-five cents in addition to all other
fees and upon furnishing information satisfactory to the department)).
The application for a duplicate registration certificate must include
information required by the department and be accompanied by the fee
required in section 525 of this act. The duplicate ((of the license))
registration ((shall)) certificate must contain the ((legend)) word,
"duplicate."
A person recovering ((an original)) a registration certificate ((of
license registration)) for which a duplicate has been issued shall
promptly ((surrender)) return the ((original)) recovered registration
certificate to the department.
NEW SECTION. Sec. 434 A new section is added to chapter 46.16
RCW under the subchapter heading "general provisions" to read as
follows:
The registration certificate for a commercial vehicle must include
a statement that the owner or person operating a commercial vehicle
must be in compliance with the requirements of the United States
department of transportation federal motor carrier safety regulations
contained in 49 C.F.R. Part 382.
Sec. 435 RCW 46.16.460 and 1979 c 158 s 141 are each amended to
read as follows:
((Upon the payment of a fee of ten dollars therefor, the department
of licensing shall issue a temporary motor vehicle license for a motor
vehicle in this state for a period of forty-five days when such motor
vehicle has been or is being purchased by a nonresident member of the
armed forces of the United States and an application, accompanied with
prepayment of required fees, for out of state registration has been
made by the purchaser.))
(1) A nonresident member of the armed forces of the United States
may apply to the department, county auditor or other agent, or subagent
appointed by the director for a temporary permit for a recently
purchased motor vehicle. The permit:
(a) Allows the motor vehicle to be used in Washington state while
the owner applies for out-of-state registration;
(b) Is valid for forty-five days; and
(c) Must be carried on the motor vehicle so that it is clearly
visible from outside of the motor vehicle.
(2) A person applying for the forty-five day permit provided in
subsection (1) of this section is not subject to sales and use taxes or
motor vehicle excise taxes during or after the forty-five day period of
the permit unless the motor vehicle is:
(a) Still in Washington state after the forty-five day period of
the permit; or
(b) Returned to Washington state within one year after the forty-five day permit has expired.
(3) The department, county auditor or other agent, or subagent
appointed by the director shall collect the fee required under section
535(1)(d) of this act when issuing the forty-five day permit described
in this section.
(4) The department shall adopt rules to implement this section.
Those rules may require proof that the nonresident member of the armed
forces of the United States qualifies for the forty-five day permit
before the permit may be issued.
Sec. 436 RCW 46.16.500 and 1980 c 104 s 3 are each amended to
read as follows:
((Whenever an)) Both a person operating a vehicle with the express
or implied permission of the owner and the owner of the vehicle are
responsible for any act or omission that is declared ((to be)) unlawful
in this chapter ((46.16 RCW, if the operator of the vehicle is not the
owner or lessee of such vehicle, but is so operating or moving the
vehicle with the express or implied permission of the owner or lessee,
then the operator and/or owner or lessee are both subject to the
provisions of this chapter with the primary responsibility to be that
of the owner or lessee)). The primary responsibility is the owner's.
If the person operating the vehicle at the time of the unlawful act
or omission is not the owner ((or lessee)) of the vehicle, ((such
person is fully authorized to)) the operator may accept the citation
and execute the promise to appear on behalf of the owner ((or lessee)).
NEW SECTION. Sec. 437 A new section is added to chapter 46.16
RCW under the subchapter heading "specific vehicles" to read as
follows:
This chapter applies to the following:
(1) Campers are considered vehicles for the purposes of vehicle
registration and license plate display, except for campers held as part
of a manufacturer's or dealer's inventory that:
(a) Are unoccupied at all times;
(b) Have been issued a dated demonstration permit that is valid for
no more than seventy-two hours. The permit must be carried in the
vehicle on which the camper is mounted; and
(c) Are mounted on a properly registered vehicle.
(2) Mopeds are considered vehicles for the purposes of vehicle
registration and license plate display. Mopeds are exempt from
personal property taxes and vehicle excise taxes imposed under chapter
82.44 RCW.
(3) Wheelchair conveyances are considered vehicles for the purposes
of vehicle registration and license plate display. Wheelchair
conveyances that do not meet braking equipment requirements described
in RCW 46.37.340 must be registered as mopeds.
NEW SECTION. Sec. 438 The following acts or parts of acts are
each repealed:
(1) RCW 46.16.0105 (Exemption--Vehicles in national recreation
areas) and 2005 c 79 s 1;
(2) RCW 46.16.016 (Emission control inspections -- Rules for
licensing requirements) and 1979 ex.s. c 163 s 15;
(3) RCW 46.16.017 (Emission standards--Compliance required to
register, lease, rent, or sell vehicles--Exemptions) and 2005 c 295 s
7;
(4) RCW 46.16.023 (Ride-sharing vehicles -- Special plates -- Gross
misdemeanor) and 2004 c 223 s 2, 1993 c 488 s 5, & 1987 c 175 s 2;
(5) RCW 46.16.035 (Exemptions -- Private school buses) and 1990 c 33
s 584 & 1980 c 88 s 1;
(6) RCW 46.16.0621 (License fee) and 2003 c 1 s 2, 2002 c 352 s 7,
& 2000 1st sp.s. c 1 s 1;
(7) RCW 46.16.063 (Additional fee for recreational vehicles) and
1996 c 237 s 1 & 1980 c 60 s 2;
(8) RCW 46.16.071 (Additional fees) and 1996 c 315 s 4;
(9) RCW 46.16.079 (Fixed load motor vehicle equipped for lifting or
towing -- Capacity fee in addition to and in lieu) and 1986 c 18 s 5,
1975 c 25 s 16, & 1963 c 18 s 1;
(10) RCW 46.16.085 (Commercial trailers, pole trailers -- Fee in
lieu) and 1991 c 163 s 3, 1989 c 156 s 2, 1987 c 244 s 4, 1986 c 18 s
8, & 1985 c 380 s 16;
(11) RCW 46.16.088 (Transfer of license plates -- Penalty) and 1986
c 18 s 9 & 1985 c 380 s 17;
(12) RCW 46.16.111 (Gross weight, how computed) and 1987 c 244 s 5,
1986 c 18 s 11, 1971 ex.s. c 231 s 1, 1969 ex.s. c 170 s 6, & 1967
ex.s. c 83 s 57;
(13) RCW 46.16.121 (Seating capacity fees on stages, for hire
vehicles) and 1967 ex.s. c 83 s 58;
(14) RCW 46.16.135 (Monthly license fee -- Penalty) and 1986 c 18 s
12, 1985 c 380 s 19, 1979 ex.s. c 136 s 46, 1979 c 134 s 1, 1975-'76
2nd ex.s. c 64 s 3, 1975 1st ex.s. c 118 s 6, 1969 ex.s. c 170 s 7, &
1961 c 12 s 46.16.135;
(15) RCW 46.16.150 (School buses exempt from load and seat capacity
fees) and 1961 c 12 s 46.16.150;
(16) RCW 46.16.200 (Applications to agents -- Transmittal to
director) and 1961 c 12 s 46.16.200;
(17) RCW 46.16.220 (Time of renewal of licenses -- Duration) and 1997
c 241 s 9, 1991 c 339 s 20, 1975 1st ex.s. c 118 s 9, 1969 ex.s. c 170
s 9, & 1961 c 12 s 46.16.220;
(18) RCW 46.16.230 (License plates furnished) and 1992 c 7 s 41,
1975 c 25 s 19, & 1961 c 12 s 46.16.230;
(19) RCW 46.16.233 (Standard background -- Periodic replacement--Retention of current plate number) and 2003 c 361 s 501, 2003 c 196 s
401, 2000 c 37 s 1, & 1997 c 291 s 2;
(20) RCW 46.16.235 (State name not abbreviated) and 1965 ex.s. c 78
s 2;
(21) RCW 46.16.237 (Reflectorized materials -- Fee) and 2005 c 314 s
301, 1987 c 52 s 1, & 1967 ex.s. c 145 s 60;
(22) RCW 46.16.240 (Attachment of plates to vehicles -- Violations
enumerated) and 2006 c 326 s 1;
(23) RCW 46.16.270 (Replacement of plates -- Fee) and 2005 c 314 s
302, 1997 c 291 s 3, 1990 c 250 s 32, & 1987 c 178 s 2;
(24) RCW 46.16.280 (Sale, loss, or destruction of commercial
vehicle -- Credit for unused fee -- Change in license classification) and
1987 c 244 s 7, 1986 c 18 s 17, 1967 c 32 s 20, & 1961 c 12 s
46.16.280;
(25) RCW 46.16.290 (Disposition of license plates, certificate on
vehicle transfer) and 2004 c 223 s 3, 1997 c 291 s 4, 1986 c 18 s 18,
1983 c 27 s 2, & 1961 c 12 s 46.16.290;
(26) RCW 46.16.295 (Returned plates -- Reuse) and 2003 c 359 s 1;
(27) RCW 46.16.305 (Special license plates -- Continuance of earlier
issues -- Conditions for current issues) and 2008 c 72 s 1;
(28) RCW 46.16.307 (Collectors' vehicles -- Use restrictions) and
1996 c 225 s 11;
(29) RCW 46.16.30901 (Professional firefighters and paramedics
plate) and 2004 c 35 s 1;
(30) RCW 46.16.30902 (Washington State Council of Firefighters
benevolent fund) and 2004 c 35 s 4;
(31) RCW 46.16.30903 (Helping Kids Speak plate) and 2004 c 48 s 1;
(32) RCW 46.16.30904 ("Helping Kids Speak" account) and 2004 c 48
s 4;
(33) RCW 46.16.30905 (Law enforcement memorial plate) and 2004 c
221 s 1;
(34) RCW 46.16.30906 (Law enforcement memorial account) and 2004 c
221 s 4;
(35) RCW 46.16.30907 (Washington's Wildlife plate collection) and
2005 c 42 s 1;
(36) RCW 46.16.30908 (Washington's Wildlife license plate
collection--Definition) and 2005 c 42 s 2;
(37) RCW 46.16.30909 (Washington state parks and recreation
commission plate) and 2005 c 44 s 1;
(38) RCW 46.16.30910 (Washington state parks and recreation
commission special license plate--Definition) and 2005 c 44 s 2;
(39) RCW 46.16.30911 ("Washington Lighthouses" plate) and 2005 c 48
s 1;
(40) RCW 46.16.30912 (Lighthouse environmental programs account)
and 2005 c 48 s 4;
(41) RCW 46.16.30913 ("Keep Kids Safe" plate) and 2005 c 53 s 1;
(42) RCW 46.16.30914 ("We love our pets" plate) and 2005 c 71 s 1;
(43) RCW 46.16.30915 (We love our pets account) and 2005 c 71 s 4;
(44) RCW 46.16.30916 (Gonzaga University alumni association plate)
and 2005 c 85 s 1;
(45) RCW 46.16.30917 (Gonzaga University alumni association
account) and 2005 c 85 s 4;
(46) RCW 46.16.30918 ("Washington's National Park Fund" plate) and
2005 c 177 s 1;
(47) RCW 46.16.30919 ("Washington's National Park Fund" account)
and 2005 c 177 s 4;
(48) RCW 46.16.30920 (Armed forces plate collection) and 2008 c 183
s 1 & 2005 c 216 s 1;
(49) RCW 46.16.30921 (Armed forces license plate collection--Definition--No free issuance) and 2008 c 183 s 2 & 2005 c 216 s 2;
(50) RCW 46.16.30923 ("Ski & Ride Washington" account) and 2005 c
220 s 4;
(51) RCW 46.16.30924 (Wild On Washington plate) and 2005 c 224 s 1;
(52) RCW 46.16.30925 (Wild On Washington license plates--Definition) and 2005 c 224 s 2;
(53) RCW 46.16.30926 (Endangered Wildlife plate) and 2005 c 225 s
1;
(54) RCW 46.16.30927 (Endangered Wildlife license plates--Definition) and 2005 c 225 s 2;
(55) RCW 46.16.30928 ("Share the Road" plate) and 2005 c 426 s 1;
(56) RCW 46.16.30929 ("Share the Road" account) and 2005 c 426 s 4;
(57) RCW 46.16.313 (Special license plates -- Fees) and 2005 c 426 s
3, 2005 c 225 s 3, 2005 c 224 s 3, 2005 c 220 s 3, 2005 c 216 s 3, 2005
c 177 s 3, 2005 c 85 s 3, 2005 c 71 s 3, 2005 c 53 s 3, 2005 c 48 s 3,
2005 c 44 s 3, & 2005 c 42 s 3;
(58) RCW 46.16.316 (Special license plates -- Transfer of vehicle--Replacement plates) and 2005 c 210 s 2;
(59) RCW 46.16.333 (Cooper Jones emblems) and 2005 c 426 s 5 & 2002
c 264 s 3;
(60) RCW 46.16.335 (Special license plates and emblems -- Rules) and
1990 c 250 s 10;
(61) RCW 46.16.340 (Amateur radio operator plates -- Information
furnished to various agencies) and 1995 c 391 s 8, 1986 c 266 s 49,
1985 c 7 s 112, 1974 ex.s. c 171 s 43, 1967 c 32 s 23, & 1961 c 12 s
46.16.340;
(62) RCW 46.16.350 (Amateur radio operator plates -- Expiration or
revocation of radio license -- Penalty) and 1997 c 291 s 11, 1990 c 250
s 11, 1979 ex.s. c 136 s 49, 1967 c 32 s 24, & 1961 c 12 s 46.16.350;
(63) RCW 46.16.371 (Special plates for honorary consul, foreign
government representative) and 1987 c 237 s 1;
(64) RCW 46.16.374 (Taipei Economic and Cultural Office -- Special
plates) and 2001 c 64 s 5 & 1996 c 139 s 1;
(65) RCW 46.16.376 (Taipei Economic and Cultural Office -- Fee
exemption) and 1996 c 139 s 2;
(66) RCW 46.16.381 (Special parking for persons with disabilities--Penalties -- Enforcement -- Definition) and 2007 c 262 s 1, 2007 c 44 s 1,
2006 c 357 s 2, 2005 c 390 s 2, 2004 c 222 s 2, 2003 c 371 s 1, 2002 c
175 s 33, 2001 c 67 s 1, 1999 c 136 s 1, 1998 c 294 s 1, 1995 c 384 s
1, 1994 c 194 s 6, 1993 c 106 s 1, 1992 c 148 s 1, 1991 c 339 s 21,
1990 c 24 s 1, 1986 c 96 s 1, & 1984 c 154 s 2;
(67) RCW 46.16.385 (Versions of special plates for persons with
disabilities) and 2005 c 390 s 3, 2005 c 210 s 3, & 2004 c 222 s 1;
(68) RCW 46.16.470 (Temporary license -- Display) and 1967 c 202 s 5;
(69) RCW 46.16.480 (Nonresident members of armed forces -- Exemption
from sales, use, or motor vehicle excise taxes -- Extent of exemption)
and 1967 c 202 s 6;
(70) RCW 46.16.490 (Nonresident members of armed forces -- Rules and
regulations -- Proof) and 1979 c 158 s 142 & 1967 c 202 s 7;
(71) RCW 46.16.505 (Campers -- License and plates -- Application -- Fee)
and 1975 1st ex.s. c 118 s 11, 1975 c 41 s 1, & 1971 ex.s. c 231 s 7;
(72) RCW 46.16.560 (Personalized license plates -- Defined) and 1975
c 59 s 1 & 1973 1st ex.s. c 200 s 2;
(73) RCW 46.16.565 (Personalized license plates -- Application) and
1985 c 173 s 1, 1983 c 27 s 4, 1975 c 59 s 2, & 1973 1st ex.s. c 200 s
3;
(74) RCW 46.16.570 (Personalized license plates -- Design) and 2005
c 210 s 4, 1986 c 108 s 1, 1983 1st ex.s. c 24 s 1, 1975 c 59 s 3, &
1973 1st ex.s. c 200 s 4;
(75) RCW 46.16.575 (Personalized license plates -- Issuance to
registered owner only) and 1973 1st ex.s. c 200 s 5;
(76) RCW 46.16.580 (Personalized license plates -- Application
requirements) and 1973 1st ex.s. c 200 s 6;
(77) RCW 46.16.585 (Personalized license plates -- Fees -- Renewal--Penalty) and 1979 ex.s. c 136 s 51, 1975 c 59 s 4, & 1973 1st ex.s. c
200 s 7;
(78) RCW 46.16.590 (Personalized license plates -- Transfer fees) and
2004 c 223 s 5, 1975 c 59 s 5, & 1973 1st ex.s. c 200 s 8;
(79) RCW 46.16.595 (Personalized license plates -- Transfer or
surrender upon sale or release of vehicle -- Penalty) and 1979 ex.s. c
136 s 52, 1975 c 59 s 6, & 1973 1st ex.s. c 200 s 9;
(80) RCW 46.16.600 (Personalized license plates -- Rules and
regulations) and 2005 c 210 s 5, 1979 c 158 s 143, & 1973 1st ex.s. c
200 s 10;
(81) RCW 46.16.601 (Personalized special plates) and 2005 c 210 s
1;
(82) RCW 46.16.605 (Personalized license plates -- Disposition of
fees -- Costs) and 1988 c 36 s 27, 1983 1st ex.s. c 24 s 2, 1983 c 3 s
118, 1979 c 158 s 144, & 1973 1st ex.s. c 200 s 11;
(83) RCW 46.16.606 (Personalized license plates -- Additional fee)
and 2007 c 246 s 2 & 1991 sp.s. c 7 s 13;
(84) RCW 46.16.630 (Moped registration) and 2002 c 352 s 9, 1997 c
241 s 11, & 1979 ex.s. c 213 s 5;
(85) RCW 46.16.640 (Wheelchair conveyances) and 1983 c 200 s 2;
(86) RCW 46.16.670 (Boat trailers -- Fee for freshwater aquatic weeds
account) and 1991 c 302 s 3;
(87) RCW 46.16.680 (Kit vehicles) and 2009 c 284 s 2 & 1996 c 225
s 10;
(88) RCW 46.17.010 (Vehicle weight fee--Motor vehicles, except
motor homes) and 2006 c 337 s 9 & 2005 c 314 s 201; and
(89) RCW 46.17.020 (Vehicle weight fee--Motor homes) and 2005 c 314
s 202.
NEW SECTION. Sec. 501 A new section is added to chapter 46.17
RCW to read as follows:
(1) A person who applies for a vehicle registration or for any
other right to operate a vehicle on the highways of this state shall
pay a three dollar filing fee in addition to any other fees and taxes
required by law.
(2) A person who applies for a certificate of title shall pay a
four dollar filing fee in addition to any other fees and taxes required
by law.
(3) The filing fees established in this section must be distributed
under section 819 of this act.
NEW SECTION. Sec. 502 A new section is added to chapter 46.17
RCW to read as follows:
(1) A person who applies for a vehicle registration or for any
other right to operate a vehicle on the highways of this state shall
pay a twenty-five cent license plate technology fee in addition to any
other fees and taxes required by law. The license plate technology fee
must be distributed under RCW 46.16.685 (as recodified by this act).
(2) A vehicle registered under RCW 46.16.070 (as recodified by this
act) or section 527 of this act is not subject to the license plate
technology fee.
NEW SECTION. Sec. 503 A new section is added to chapter 46.17
RCW to read as follows:
(1) A person who applies for a vehicle registration or for any
other right to operate a vehicle on the highways of this state shall
pay a fifty cent license service fee in addition to any other fees and
taxes required by law. The license service fee must be distributed
under RCW 46.68.220.
(2) A vehicle registered under RCW 46.16.070 (as recodified by this
act) or section 527 of this act is not subject to the license service
fee.
NEW SECTION. Sec. 504 A new section is added to chapter 46.17
RCW to read as follows:
The department, county auditor or other agent, or subagent
appointed by the director shall require a person who applies for a
vehicle registration for a vehicle subject to RCW 46.16.216 (as
recodified by this act) to pay a fifteen dollar parking ticket
surcharge. The fifteen dollar surcharge must be distributed under
section 816 of this act.
NEW SECTION. Sec. 505 A new section is added to chapter 46.17
RCW to read as follows:
Before accepting a report of sale filed under RCW 46.12.101(2) (as
recodified by this act), the county auditor or other agent or subagent
appointed by the director shall require the applicant to pay:
(1) The filing fee under section 501(1) of this act, the license
plate technology fee under section 502 of this act, and the license
service fee under section 503 of this act to the county auditor or
other agent; and
(2) The subagent service fee under section 506(2) of this act to
the subagent.
NEW SECTION. Sec. 506 A new section is added to chapter 46.17
RCW to read as follows:
A subagent appointed by the director shall collect a service fee
of:
(1) Ten dollars for changes in a certificate of title, with or
without registration renewal, or for verification of record and
preparation of an affidavit of lost title other than at the time of the
certificate of title application or transfer; and
(2) Four dollars for a registration renewal, issuing a transit
permit, or any other service under this section.
NEW SECTION. Sec. 507 A new section is added to chapter 46.17
RCW to read as follows:
Before accepting a transitional ownership record filed under RCW
46.12.103 (as recodified by this act), the county auditor or other
agent or subagent appointed by the director shall require the applicant
to pay:
(1) The filing fee under section 501(1) of this act, the license
plate technology fee under section 502 of this act, and the license
service fee under section 503 of this act to the county auditor or
other agent; and
(2) The subagent service fee under section 506(2) of this act to
the subagent.
NEW SECTION. Sec. 508 A new section is added to chapter 46.17
RCW to read as follows:
Before accepting an application for a certificate of title as
required in this title, the department, county auditor or other agent,
or subagent appointed by the director shall require the applicant to
pay a five dollar application fee in addition to any other fees and
taxes required by law. The certificate of title application fee must
be distributed under RCW 46.68.020.
NEW SECTION. Sec. 509 A new section is added to chapter 46.17
RCW to read as follows:
(1) Before accepting an application for a certificate of title for
a motor vehicle as required in this title, the department, county
auditor or other agent, or subagent appointed by the director shall
require the applicant to pay a six dollar and fifty cent emergency
medical services fee for the following transactions:
(a) All retail sales or leases of any new or used motor vehicles;
and
(b) Original and transfer certificate of title transactions.
(2) The emergency medical services fee:
(a) Is not considered a violation of RCW 46.70.180(2);
(b) Does not apply to motor vehicles declared a total loss by an
insurer or self-insurer unless an application for certificate of title
is made to the department, county auditor or other agent, or subagent
appointed by the director after the declaration of total loss; and
(c) Must be distributed under section 820 of this act.
NEW SECTION. Sec. 510 A new section is added to chapter 46.17
RCW to read as follows:
Before accepting an application for a transfer of certificate of
title for a new or used manufactured home as required in this title and
chapter 65.20 RCW, the department, county auditor or other agent, or
subagent appointed by the director shall require the applicant to pay
a fifteen dollar fee in addition to any other fees and taxes required
by law. The fifteen dollar fee must be forwarded to the state
treasurer, who shall deposit the fee in the manufactured housing
account created in RCW 59.22.070.
NEW SECTION. Sec. 511 A new section is added to chapter 46.17
RCW to read as follows:
(1) Before accepting an application for a certificate of title for
an original or transfer manufactured home transaction as required in
this title or chapter 65.20 RCW, the department, county auditor or
other agent, or subagent appointed by the director shall require the
applicant to pay a one hundred dollar fee in addition to any other fees
and taxes required by law if the manufactured home:
(a) Is located in a mobile home park;
(b) Is one year old or older;
(c) Is new or ownership changes, excluding changes that involve
adding or deleting spouse or domestic partner coregistered owners or
legal owners; and
(d) Sales price is five thousand dollars or more.
(2) The one hundred dollar fee must be forwarded to the state
treasurer, who shall deposit the fee in the mobile home park relocation
fund created in RCW 59.21.050.
(3) The department and the state treasurer may adopt rules
necessary to carry out this section.
NEW SECTION. Sec. 512 A new section is added to chapter 46.17
RCW to read as follows:
The penalty for a late transfer under RCW 46.12.101(7) (as
recodified by this act) is twenty-five dollars assessed on the
sixteenth day after the date of delivery and two dollars for each
additional day thereafter, but the total penalty must not exceed one
hundred dollars. The penalty must be distributed under RCW 46.68.020.
NEW SECTION. Sec. 513 A new section is added to chapter 46.17
RCW to read as follows:
Before accepting an application for a certificate of title for a
vehicle previously registered in any other state or country, the
department, county auditor or other agent, or subagent appointed by the
director shall require the applicant to pay a fee of fifteen dollars.
The fifteen dollar fee must be distributed under RCW 46.68.020.
NEW SECTION. Sec. 514 A new section is added to chapter 46.17
RCW to read as follows:
Before accepting an application for a certificate of title, the
department, county auditor or other agent, or subagent appointed by the
director shall require an applicant to pay a sixty-five dollar
inspection fee if an inspection of the vehicle was completed by the
Washington state patrol. The inspection fee must be distributed under
RCW 46.68.020.
NEW SECTION. Sec. 515 A new section is added to chapter 46.17
RCW to read as follows:
Before accepting an application for a certificate of title, the
department, county auditor or other agent, or subagent appointed by the
director shall require an applicant to pay a five dollar vehicle
identification number reassignment fee if the Washington state patrol
has reassigned an identification number as authorized under section 303
of this act. The reassignment fee must be deposited in the motor
vehicle fund created in RCW 46.68.070.
NEW SECTION. Sec. 516 A new section is added to chapter 46.17
RCW to read as follows:
Before accepting an application for a combination trailer license
plate authorized under RCW 46.16.068 (as recodified by this act), the
department, county auditor or other agent, or subagent appointed by the
director shall require an applicant to pay a thirty-six dollar license
plate fee. The thirty-six dollar license plate fee must be deposited
and distributed under RCW 46.68.035.
NEW SECTION. Sec. 517 A new section is added to chapter 46.17
RCW to read as follows:
State agencies, political subdivisions, Indian tribes, and the
United States government, except foreign governments or international
bodies, shall pay a fee of two dollars for a license plate or plates
for each vehicle when the department assigns license plates for further
assignment by the entity.
NEW SECTION. Sec. 518 A new section is added to chapter 46.17
RCW to read as follows:
(1) In addition to all other fees and taxes required by law, the
department, county auditor or other agent, or subagent appointed by the
director shall charge:
(a) The following license plate fees for each license plate, unless
the owner or type of vehicle is exempt from payment:
| FEE TYPE | FEE | DISTRIBUTION |
| Reflectivity | $ 2.00 | RCW 46.68.070 |
| Replacement | $ 10.00 | RCW 46.68.070 |
| Replacement, motorcycle | $ 2.00 | RCW 46.68.070 |
NEW SECTION. Sec. 519 A new section is added to chapter 46.17
RCW to read as follows:
Before accepting an application for a replacement license tab, the
department, county auditor or other agent, or subagent appointed by the
director shall charge a one dollar fee for each pair of tabs or
windshield emblem. The license tab or windshield emblem replacement
fee must be deposited in the motor vehicle fund created in RCW
46.68.070.
NEW SECTION. Sec. 520 A new section is added to chapter 46.17
RCW to read as follows:
In addition to all fees and taxes required to be paid upon
application for a vehicle registration under chapter 46.16 RCW, the
holder of a personalized license plate shall pay an initial fee of
forty-two dollars and thirty-two dollars for each renewal. The
personalized license plate fee must be distributed as provided in
section 821 of this act.
NEW SECTION. Sec. 521 A new section is added to chapter 46.17
RCW to read as follows:
(1) In addition to all fees and taxes required to be paid upon
application for a vehicle registration in chapter 46.16 RCW, the holder
of a special license plate shall pay the appropriate special license
plate fee as listed in this section.
| PLATE TYPE | INITIAL FEE | RENEWAL FEE | DISTRIBUTED UNDER |
| (a) Amateur radio license | $ 5.00 | N/A | RCW 46.68.070 |
| (b) Armed forces | $ 40.00 | $ 30.00 | Section 810 of this act |
| (c) Baseball stadium | $ 40.00 | $ 30.00 | Subsection (2) of this section |
| (d) Collector vehicle | $ 35.00 | N/A | RCW 46.68.030 |
| (e) Collegiate | $ 40.00 | $ 30.00 | Section 811 of this act |
| (f) Endangered wildlife | $ 40.00 | $ 30.00 | Section 810 of this act |
| (g) Gonzaga University alumni | $ 40.00 | $ 30.00 | Section 809 of this act |
| (h) Helping kids speak | $ 40.00 | $ 30.00 | Section 809 of this act |
| (i) Horseless carriage | $ 35.00 | N/A | RCW 46.68.030 |
| (j) Keep kids safe | $ 45.00 | $ 30.00 | Section 810 of this act |
| (k) Law enforcement memorial | $ 40.00 | $ 30.00 | Section 809 of this act |
| (l) Military affiliate radio system | $ 5.00 | N/A | RCW 46.68.070 |
| (m) Professional firefighters and paramedics | $ 40.00 | $ 30.00 | Section 809 of this act |
| (n) Ride share | $ 25.00 | N/A | RCW 46.68.030 |
| (o) Share the road | $ 40.00 | $ 30.00 | Section 809 of this act |
| (p) Ski and ride Washington | $ 40.00 | $ 30.00 | Section 809 of this act |
| (q) Square dancer | $ 40.00 | N/A | RCW 46.68.070 |
| (r) Washington lighthouses | $ 40.00 | $ 30.00 | Section 809 of this act |
| (s) Washington state parks | $ 40.00 | $ 30.00 | Section 810 of this act |
| (t) Washington's national parks | $ 40.00 | $ 30.00 | Section 809 of this act |
| (u) Washington's wildlife collection | $ 40.00 | $ 30.00 | Section 810 of this act |
| (v) We love our pets | $ 40.00 | $ 30.00 | Section 809 of this act |
| (w) Wild on Washington | $ 40.00 | $ 30.00 | Section 810 of this act |
NEW SECTION. Sec. 522 A new section is added to chapter 46.17
RCW to read as follows:
Before accepting an application for a vehicle registration for a
boat trailer, the department, county auditor or other agent, or
subagent appointed by the director shall require the applicant to pay
a three dollar aquatic weed fee in addition to any other fees and taxes
required by law. The three dollar fee must be deposited in the
freshwater aquatic weeds account created in RCW 43.21A.650.
NEW SECTION. Sec. 523 A new section is added to chapter 46.17
RCW to read as follows:
Before accepting an application for a change of class as required
under section 422(6) of this act, the department, county auditor or
other agent, or subagent appointed by the director shall require the
applicant to pay a one dollar fee. The one dollar fee must be
deposited in the motor vehicle fund created in RCW 46.68.070.
NEW SECTION. Sec. 524 A new section is added to chapter 46.17
RCW to read as follows:
(1) Before accepting an application for a motor vehicle base plated
in the state of Washington that is subject to highway inspections and
compliance reviews under RCW 46.32.080 or the international
registration plan if base plated in a foreign jurisdiction, the
department, county auditor or other agent, or subagent appointed by the
director shall require the applicant to pay a sixteen dollar commercial
vehicle safety enforcement fee in addition to any other fees and taxes
required by law. The sixteen dollar fee:
(a) Must be apportioned for those vehicles operating interstate and
registered under the international registration plan;
(b) Does not apply to trailers; and
(c) Is not refundable when the motor vehicle is no longer subject
to RCW 46.32.080.
(2) The department may deduct an amount equal to the cost of
administering the program. All remaining fees must be deposited with
the state treasurer and credited to the state patrol highway account of
the motor vehicle fund created in RCW 46.68.070.
NEW SECTION. Sec. 525 A new section is added to chapter 46.17
RCW to read as follows:
Before accepting an application for a duplicate registration as
required under RCW 46.16.265 (as recodified by this act), the
department, county auditor or other agent, or subagent appointed by the
director shall require the applicant to pay a one dollar and twenty-five cent fee in addition to any other fees and taxes required by law.
The one dollar and twenty-five cent fee must be deposited in the motor
vehicle fund created in RCW 46.68.070.
NEW SECTION. Sec. 526 A new section is added to chapter 46.17
RCW to read as follows:
Before accepting an application for a farm exempt decal as required
under RCW 46.16.025 (as recodified by this act), the department, county
auditor or other agent, or subagent appointed by the director shall
require the applicant to pay a five dollar fee in addition to any other
fees and taxes required by law. The five dollar fee must be deposited
in the motor vehicle fund created in RCW 46.68.070.
NEW SECTION. Sec. 527 A new section is added to chapter 46.17
RCW to read as follows:
(1) In lieu of the vehicle license fee required under section 531
of this act and before accepting an application for a vehicle
registration for farm vehicles described in RCW 46.16.090 (as
recodified by this act), the department, county auditor or other agent,
or subagent appointed by the director shall require the applicant,
unless specifically exempt, to pay the following farm vehicle reduced
gross weight license fee by weight:
| WEIGHT | SCHEDULE A | SCHEDULE B |
| 4,000 pounds | $24.50 | $24.50 |
| 6,000 pounds | $24.50 | $24.50 |
| 8,000 pounds | $24.50 | $24.50 |
| 10,000 pounds | $40.50 | $40.50 |
| 12,000 pounds | $49.00 | $49.00 |
| 14,000 pounds | $54.50 | $54.50 |
| 16,000 pounds | $60.50 | $60.50 |
| 18,000 pounds | $86.50 | $86.50 |
| 20,000 pounds | $95.00 | $95.00 |
| 22,000 pounds | $102.00 | $102.00 |
| 24,000 pounds | $109.50 | $109.50 |
| 26,000 pounds | $115.00 | $115.00 |
| 28,000 pounds | $134.00 | $134.00 |
| 30,000 pounds | $153.00 | $153.00 |
| 32,000 pounds | $182.50 | $182.50 |
| 34,000 pounds | $193.50 | $193.50 |
| 36,000 pounds | $209.00 | $209.00 |
| 38,000 pounds | $228.50 | $228.50 |
| 40,000 pounds | $260.00 | $260.00 |
| 42,000 pounds | $270.00 | $315.00 |
| 44,000 pounds | $275.50 | $320.50 |
| 46,000 pounds | $295.50 | $340.50 |
| 48,000 pounds | $307.50 | $352.50 |
| 50,000 pounds | $333.00 | $378.00 |
| 52,000 pounds | $349.50 | $394.50 |
| 54,000 pounds | $376.50 | $421.50 |
| 56,000 pounds | $397.00 | $442.00 |
| 58,000 pounds | $412.50 | $457.50 |
| 60,000 pounds | $439.00 | $484.00 |
| 62,000 pounds | $470.00 | $515.00 |
| 64,000 pounds | $480.00 | $525.00 |
| 66,000 pounds | $533.50 | $578.50 |
| 68,000 pounds | $556.00 | $601.00 |
| 70,000 pounds | $598.00 | $643.00 |
| 72,000 pounds | $639.00 | $684.00 |
| 74,000 pounds | $693.50 | $738.50 |
| 76,000 pounds | $748.50 | $793.50 |
| 78,000 pounds | $816.50 | $861.50 |
| 80,000 pounds | $880.50 | $925.50 |
| 82,000 pounds | $941.00 | $986.00 |
| 84,000 pounds | $1,001.00 | $1,046.00 |
| 86,000 pounds | $1,061.50 | $1,106.50 |
| 88,000 pounds | $1,122.00 | $1,167.00 |
| 90,000 pounds | $1,182.50 | $1,127.50 |
| 92,000 pounds | $1,242.50 | $1,287.50 |
| 94,000 pounds | $1,303.00 | $1,348.00 |
| 96,000 pounds | $1,363.50 | $1,408.50 |
| 98,000 pounds | $1,424.00 | $1,469.00 |
| 100,00 pounds | $1,484.00 | $,1529.00 |
| 102,000 pounds | $1,544.50 | $1,589.50 |
| 104,000 pounds | $1,605.00 | $1,650.00 |
| 105,500 pounds | $1,665.50 | $1,710.50 |
NEW SECTION. Sec. 528 A new section is added to chapter 46.17
RCW to read as follows:
Before accepting an application for a fixed load motor vehicle
registration, the department, county auditor or other agent, or
subagent appointed by the director shall require an applicant to pay:
(1) The license fee based on declared gross weight as provided in
section 530 of this act. The declared gross weight must be equal to
the scale weight of the motor vehicle, rounded up to the next higher
amount in the schedule provided in section 530 of this act, up to the
legal limit provided in chapter 46.44 RCW; or
(2) A twenty-five dollar capacity fee if the vehicle is equipped
for lifting or towing any abandoned, disabled, or impounded vehicle or
parts of vehicles. The twenty-five dollar capacity fee is in lieu of
the license fee based on declared gross weight as provided in section
530 of this act and must be deposited under RCW 46.68.030.
NEW SECTION. Sec. 529 A new section is added to chapter 46.17
RCW to read as follows:
(1) Before accepting an application for a vehicle registration for
a for hire vehicle or auto stage with a seating capacity of six or
less, the department, county auditor or other agent, or subagent
appointed by the director shall require the applicant to pay a fifteen
dollar seating capacity fee. The seating capacity fee must be
deposited in the motor vehicle fund created in RCW 46.68.070.
(2) The for hire vehicle and auto stage seating capacity fee
imposed in subsection (1) of this section does not apply to taxicabs.
NEW SECTION. Sec. 530 A new section is added to chapter 46.17
RCW to read as follows:
(1) In lieu of the vehicle license fee required under section 531
of this act and before accepting an application for a vehicle
registration for motor vehicles described in RCW 46.16.070 (as
recodified by this act), the department, county auditor or other agent,
or subagent appointed by the director shall require the applicant,
unless specifically exempt, to pay the following license fee by weight:
| WEIGHT | SCHEDULE A | SCHEDULE B |
| 4,000 pounds | $ 38.00 | $ 38.00 |
| 6,000 pounds | $ 48.00 | $ 48.00 |
| 8,000 pounds | $ 58.00 | $ 58.00 |
| 10,000 pounds | $ 60.00 | $ 60.00 |
| 12,000 pounds | $ 77.00 | $ 77.00 |
| 14,000 pounds | $ 88.00 | $ 88.00 |
| 16,000 pounds | $ 100.00 | $ 100.00 |
| 18,000 pounds | $ 152.00 | $ 152.00 |
| 20,000 pounds | $ 169.00 | $ 169.00 |
| 22,000 pounds | $ 183.00 | $ 183.00 |
| 24,000 pounds | $ 198.00 | $ 198.00 |
| 26,000 pounds | $ 209.00 | $ 209.00 |
| 28,000 pounds | $ 247.00 | $ 247.00 |
| 30,000 pounds | $ 285.00 | $ 285.00 |
| 32,000 pounds | $ 344.00 | $ 344.00 |
| 34,000 pounds | $ 366.00 | $ 366.00 |
| 36,000 pounds | $ 397.00 | $ 397.00 |
| 40,000 pounds | $ 499.00 | $ 499.00 |
| 42,000 pounds | $ 519.00 | $ 609.00 |
| 44,000 pounds | $ 530.00 | $ 620.00 |
| 46,000 pounds | $ 570.00 | $ 660.00 |
| 48,000 pounds | $ 594.00 | $ 684.00 |
| 50,000 pounds | $ 645.00 | $ 735.00 |
| 52,000 pounds | $ 678.00 | $ 768.00 |
| 54,000 pounds | $ 732.00 | $ 822.00 |
| 56,000 pounds | $ 773.00 | $ 863.00 |
| 58,000 pounds | $ 804.00 | $ 894.00 |
| 60,000 pounds | $ 857.00 | $ 947.00 |
| 62,000 pounds | $ 919.00 | $ 1,009.00 |
| 64,000 pounds | $ 939.00 | $ 1, 029.00 |
| 66,000 pounds | $ 1,046.00 | $ 1,136.00 |
| 68,000 pounds | $ 1,091.00 | $ 1,181.00 |
| 70,000 pounds | $ 1,175.00 | $ 1,265.00 |
| 72,000 pounds | $ 1,257.00 | $ 1,347.00 |
| 74,000 pounds | $ 1,366.00 | $ 1,456.00 |
| 76,000 pounds | $ 1,476.00 | $ 1,566.00 |
| 78,000 pounds | $ 1,612.00 | $ 1,702.00 |
| 80,000 pounds | $ 1,740.00 | $ 1,830.00 |
| 82,000 pounds | $ 1,861.00 | $ 1,951.00 |
| 84,000 pounds | $ 1,981.00 | $ 2,071.00 |
| 86,000 pounds | $ 2,102.00 | $ 2,192.00 |
| 88,000 pounds | $ 2,223.00 | $ 2,313.00 |
| 90,000 pounds | $ 2,344.00 | $ 2,434.00 |
| 92,000 pounds | $ 2,464.00 | $ 2,554.00 |
| 94,000 pounds | $ 2,585.00 | $ 2,675.00 |
| 96,000 pounds | $ 2,706.00 | $ 2,796.00 |
| 98,000 pounds | $ 2,827.00 | $ 2,917.00 |
| 100,000 pounds | $ 2,947.00 | $ 3,037.00 |
| 102,000 pounds | $ 3,068.00 | $ 3,158.00 |
| 104,000 pounds | $ 3,189.00 | $ 3,279.00 |
| 105, 500 pounds | $ 3,310.00 | $ 3,400.00 |
NEW SECTION. Sec. 531 A new section is added to chapter 46.17
RCW to read as follows:
(1) Before accepting an application for a vehicle registration, the
department, county auditor or other agent, or subagent appointed by the
director shall require the applicant, unless specifically exempt, to
pay the following vehicle license fee by vehicle type:
| VEHICLE TYPE | INITIAL FEE | RENEWAL FEE | DISTRIBUTED UNDER |
| (a) Auto stage, six seats or less | $ 30.00 | $ 30.00 | RCW 46.68.030 |
| (b) Camper | $ 4.90 | $ 3.50 | RCW 46.68.030 |
| (c) Commercial trailer | $ 34.00 | $ 30.00 | RCW 46.68.035 |
| (d) For hire vehicle, six seats or less | $ 30.00 | $ 30.00 | RCW 46.68.030 |
| (e) Mobile home (if registered) | $ 30.00 | $ 30.00 | RCW 46.68.030 |
| (f) Moped | $ 30.00 | $ 30.00 | RCW 46.68.030 |
| (g) Motor home | $ 30.00 | $ 30.00 | RCW 46.68.030 |
| (h) Motorcycle | $ 30.00 | $ 30.00 | RCW 46.68.030 |
| (i) Off-road vehicle | $ 18.00 | $ 18.00 | Section 822 of this act |
| (j) Passenger car | $ 30.00 | $ 30.00 | RCW 46.68.030 |
| (k) Private use single-axle trailer | $ 15.00 | $ 15.00 | RCW 46.68.035(2) |
| (l) Snowmobile | $ 30.00 | $ 30.00 | Section 823 of this act |
| (m) Snowmobile, vintage | $ 12.00 | $ 12.00 | Section 823 of this act |
| (n) Sport utility vehicle | $ 30.00 | $ 30.00 | RCW 46.68.030 |
| (o) Tow truck | $ 30.00 | $ 30.00 | RCW 46.68.030 |
| (p) Trailer, over 2000 pounds | $ 30.00 | $ 30.00 | RCW 46.68.030 |
| (q) Travel trailer | $ 30.00 | $ 30.00 | RCW 46.68.030 |
NEW SECTION. Sec. 532 A new section is added to chapter 46.17
RCW to read as follows:
A person applying for a monthly declared gross weight license as
authorized in RCW 46.16.070 (as recodified by this act) shall pay an
additional two dollars for each month of the declared gross weight
license, plus an additional two dollars. These two dollar fees must be
deposited in the motor vehicle fund created in RCW 46.68.070.
NEW SECTION. Sec. 533 A new section is added to chapter 46.17
RCW to read as follows:
(1) A person applying for a motor vehicle registration and paying
the vehicle license fee required in section 531(1)(a), (d), (e), (h),
(j), (n), and (o) of this act shall pay a motor vehicle weight fee in
addition to all other fees and taxes required by law. The motor
vehicle weight fee:
(a) Must be based on the motor vehicle scale weight;
(b) Is the difference determined by subtracting the vehicle license
fee required in section 531 of this act from the license fee in
Schedule B of section 530 of this act, plus two dollars; and
(c) Must be distributed under section 813 of this act.
(2) A person applying for a motor home vehicle registration shall,
in lieu of the motor vehicle weight fee required in subsection (1) of
this section, pay a motor home vehicle weight fee of seventy-five
dollars in addition to all other fees and taxes required by law. The
motor home vehicle weight fee must be distributed under section 813 of
this act.
(3) The department shall:
(a) Rely on motor vehicle empty scale weights provided by vehicle
manufacturers, or other sources defined by the department, to determine
the weight of each motor vehicle; and
(b) Adopt rules for determining weight for vehicles without
manufacturer empty scale weights.
NEW SECTION. Sec. 534 A new section is added to chapter 46.17
RCW to read as follows:
(1) Before accepting an application for registration for a
recreational vehicle, the department, county auditor or other agent, or
subagent appointed by the director shall require an applicant to pay a
three dollar fee in addition to any other fees and taxes required by
law. The recreational vehicle sanitary disposal fee must be deposited
in the RV account created in RCW 46.68.170.
(2) For the purposes of this section, "recreational vehicle" means
a camper, motor home, or travel trailer.
NEW SECTION. Sec. 535 A new section is added to chapter 46.17
RCW to read as follows:
(1) Before accepting an application for one of the following
permits, the department, county auditor or other agent, or subagent
appointed by the director shall require the applicant to pay the
following permit fee by permit type in addition to any other fee or tax
required by law:
| PERMIT TYPE | FEE | AUTHORITY | DISTRIBUTION |
| (a) Dealer temporary | $15.00 | RCW 46.16.045 (as recodified by this act) | RCW 46.68.030 |
| (b) Department temporary | $.50 | RCW 46.16.047 (as recodified by this act) | Section 814 of this act |
| (c) Farm vehicle trip | $6.25 | RCW 46.16.162 (as recodified by this act) | RCW 46.68.035 |
| (d) Nonresident military | $10.00 | RCW 46.16.460 (as recodified by this act) | RCW 46.68.070 |
| (e) Nonresident temporary snowmobile | $5.00 | Section 229 of this act | Section 823 of this act |
| (f) Special fuel trip | $25.00 | RCW 82.38.100 | Section 817 of this act |
| (g) Temporary ORV use | $7.00 | Section 219 of this act | Section 822 of this act |
| (h) Vehicle trip | $25.00 | RCW 46.16.160 (as recodified by this act) | Section 815 of this act |
NEW SECTION. Sec. 536 A new section is added to chapter 46.17
RCW to read as follows:
Before accepting an application for a transfer of an off-road
vehicle registration as required under RCW 46.09.070 (as recodified by
this act), the department, county auditor or other agent, or subagent
appointed by the director shall require the applicant to pay a five
dollar off-road vehicle registration transfer fee. The five dollar
off-road vehicle registration transfer fee must be distributed under
RCW 46.68.020.
NEW SECTION. Sec. 537 A new section is added to chapter 46.17
RCW to read as follows:
Before accepting an application for a transfer of a snowmobile
registration as required under RCW 46.10.040 (as recodified by this
act), the department, county auditor or other agent, or subagent
appointed by the director shall require the applicant to pay a five
dollar snowmobile registration transfer fee. The five dollar
snowmobile registration transfer fee must be distributed under RCW
46.10.075 (as recodified by this act).
Sec. 601 RCW 46.16.700 and 2003 c 196 s 1 are each amended to
read as follows:
The legislature has seen an increase in the demand from constituent
groups seeking recognition and funding through the establishment of
commemorative or special license plates. The high cost of implementing
a new special license plate series coupled with the uncertainty of the
state's ability to recoup its costs((,)) has led the legislature to
delay the implementation of new special license plates. In order to
address these issues, it is the intent of the legislature to create a
mechanism that will allow for the evaluation of special license plate
requests and establish a funding policy that will alleviate the
financial burden currently placed on the state. Using these two
strategies, the legislature will be better equipped to efficiently
process special license plate legislation.
Sec. 602 RCW 46.16.705 and 2005 c 319 s 117 are each amended to
read as follows:
(1) The special license plate review board is created.
(2) The board will consist of seven members: One member appointed
by the governor ((and)) who will serve as chair of the board; four
members of the legislature, one from each caucus of the house of
representatives and the senate; a department of licensing
representative appointed by the director; and a Washington state patrol
representative appointed by the chief.
(3) Members shall serve terms of four years, except that four of
the members initially appointed will be appointed for terms of two
years. ((No)) A member may not be appointed for more than three
consecutive terms.
(4) The respective appointing authority may remove members from the
board before the expiration of their terms only for cause based upon a
determination of incapacity, incompetence, neglect of duty, or
malfeasance in office as ordered by the Thurston county superior court,
upon petition and show cause proceedings brought for that purpose in
that court and directed to the board member in question.
Sec. 603 RCW 46.16.715 and 2005 c 319 s 118 are each amended to
read as follows:
(1) The board shall meet periodically at the call of the chair, but
must meet at least ((one time)) once each year within ninety days
before an upcoming regular session of the legislature. The board may
adopt its own rules and may establish its own procedures. It shall act
collectively in harmony with recorded resolutions or motions adopted by
a majority vote of the members, and it must have a quorum present to
take a vote on a special license plate application.
(2) The board will be compensated from the general appropriation
for the department ((of licensing)) in accordance with RCW 43.03.250.
Each board member will be compensated in accordance with RCW 43.03.250
and reimbursed for actual necessary traveling and other expenses in
going to, attending, and returning from meetings of the board or that
are incurred in the discharge of duties requested by the chair.
However, ((in no event may)) a board member may not be compensated in
any year for more than one hundred twenty days, except the chair may be
compensated for not more than one hundred fifty days. Service on the
board does not qualify as a service credit for the purposes of a public
retirement system.
(3) The board shall keep proper records and is subject to audit by
the state auditor or other auditing entities.
(4) The department ((of licensing)) shall provide administrative
support to the board, which must include at least the following:
(a) Provide general staffing to meet the administrative needs of
the board;
(b) Report to the board on the reimbursement status of any new
special license plate series for which the state had to pay the start-up costs;
(c) Process special license plate applications and confirm that the
sponsoring organization has submitted all required documentation. If
an incomplete application is received, the department must return it to
the sponsoring organization; and
(d) Compile the annual financial reports submitted by sponsoring
organizations with active special license plate series and present
those reports to the board for review and approval.
Sec. 604 RCW 46.16.725 and 2009 c 470 s 710 are each amended to
read as follows:
(1) The creation of the board does not in any way preclude the
authority of the legislature to independently propose and enact special
license plate legislation.
(2) The board must review and either approve or reject special
license plate applications submitted by sponsoring organizations.
(3) Duties of the board include but are not limited to the
following:
(a) Review and approve the annual financial reports submitted by
sponsoring organizations with active special license plate series and
present those annual financial reports to the senate and house
transportation committees;
(b) Report annually to the senate and house of representatives
transportation committees on the special license plate applications
that were considered by the board;
(c) Issue approval and rejection notification letters to sponsoring
organizations, the department, the chairs of the senate and house of
representatives transportation committees, and the legislative sponsors
identified in each application. The letters must be issued within
seven days of making a determination on the status of an application;
(d) Review annually the number of plates sold for each special
license plate series created after January 1, 2003. The board may
submit a recommendation to discontinue a special plate series to the
chairs of the senate and house of representatives transportation
committees; and
(e) Provide policy guidance and directions to the department
concerning the adoption of rules necessary to limit the number of
special license plates ((that)) for which an organization or a
governmental entity may apply ((for)).
(4) Except as provided in ((chapter 72, Laws of 2008)) section 621
of this act, in order to assess the effects and impact of the
proliferation of special license plates, the legislature declares a
temporary moratorium on the issuance of any additional plates until
July 1, 2011. During this period of time, the special license plate
review board created in RCW 46.16.705 (as recodified by this act) and
the department ((of licensing)) are prohibited from accepting,
reviewing, processing, or approving any applications. Additionally,
((no)) a special license plate may not be enacted by the legislature
during the moratorium, unless the proposed license plate has been
approved by the board before February 15, 2005.
Sec. 605 RCW 46.16.735 and 2004 c 222 s 3 are each amended to
read as follows:
(1) For an organization to qualify for a special license plate
under the special license plate approval program created in ((RCW
46.16.705 through 46.16.765)) this chapter, the sponsoring organization
must submit documentation in conjunction with the application to the
department that verifies((:)) that the organization is:
(a)
(a) A nonprofit organization, as defined in 26 U.S.C. Sec.
501(c)(3). The department may request a copy of an Internal Revenue
Service ruling to verify an organization's nonprofit status; and
(b) ((That the organization is)) Located in Washington state and
has registered as a charitable organization with the secretary of
state's office as required by law.
(2) For a governmental body to qualify for a special license plate
under the special license plate approval program created in ((RCW
46.16.705 through 46.16.765)) this chapter, a governmental body must
be:
(a) A political subdivision((,)) including, but not limited to, any
county, city, town, municipal corporation, or special purpose taxing
district that has the express permission of the political subdivision's
executive body to sponsor a special license plate;
(b) A federally recognized tribal government that has received the
approval of the executive body of that government to sponsor a special
license plate;
(c) A state agency that has received approval from the director of
the agency or the department head; or
(d) A community or technical college that has the express
permission of the college's board of trustees to sponsor a special
license plate.
Sec. 606 RCW 46.16.745 and 2005 c 210 s 8 are each amended to
read as follows:
(1) A sponsoring organization meeting the requirements of RCW
46.16.735 (as recodified by this act), applying for the creation of a
special license plate to the special license plate review board must,
on an application supplied by the department, provide the minimum
application requirements in subsection (2) of this section.
(2) The sponsoring organization shall:
(a) Submit prepayment of all start-up costs associated with the
creation and implementation of the special license plate in an amount
determined by the department. The department shall place this money
into the special license plate applicant trust account created under
((RCW 46.16.755(4))) section 808 of this act;
(b) Provide a proposed license plate design;
(c) Provide a marketing strategy outlining short and long-term
marketing plans for each special license plate and a financial analysis
outlining the anticipated revenue and the planned expenditures of the
revenues derived from the sale of the special license plate;
(d) Provide a signature of a legislative sponsor and proposed
legislation creating the special license plate;
(e) Provide proof of organizational qualifications as determined by
the department as provided for in RCW 46.16.735 (as recodified by this
act);
(f) Provide signature sheets that include signatures from
individuals who intend to purchase the special license plate and the
number of plates each individual intends to purchase. The sheets must
reflect a minimum of three thousand five hundred intended purchases of
the special license plate.
(3) After an application is approved by the special license plate
review board, the application need not be reviewed again by the board
for a period of three years.
Sec. 607 RCW 46.16.755 and 2004 c 222 s 4 are each amended to
read as follows:
(1)(((a))) Revenues generated from the sale of special license
plates for those sponsoring organizations who used the application
process in RCW 46.16.745(((3))) (as recodified by this act) must be
deposited into the motor vehicle ((account)) fund created in RCW
46.68.070 until the department determines that the state's
implementation costs have been fully reimbursed. ((The department
shall apply the application fee required under RCW 46.16.745(3)(a)
towards those costs.)) (2) When it is determined that the state has been fully
reimbursed the department must notify the house of representatives and
senate transportation committees, the sponsoring organization, and the
state treasurer, and ((
(b)commence the distribution of)) begin
distributing the revenue as otherwise provided by law.
(((2))) (3) If reimbursement does not occur within two years from
the date the special license plate is first offered for sale to the
public, the special license plate series must be placed in probationary
status for a period of one year from that date. If the state is still
not fully reimbursed for its implementation costs after the one-year
probation, the special license plate series must be discontinued
immediately. Special license plates issued before discontinuation are
valid until replaced under ((RCW 46.16.233)) section 422(10) of this
act.
(((3))) (4) The special license plate applicant trust account is
created in the custody of the state treasurer. All receipts from
special license plate applicants((, except the application fee as
provided in RCW 46.16.745(3),)) must be deposited into the account.
Only the director of the department or the director's designee may
authorize disbursements from the account. The account is not subject
to the allotment procedures under chapter 43.88 RCW, nor is an
appropriation required for disbursements.
(((4))) (5) The department shall:
(a) Provide the special license plate applicant with a written
receipt for the payment((.)); and
(5) The department shall
(b) Maintain a record of each special license plate applicant trust
account deposit((,)) including, but not limited to, the name and
address of each special license plate applicant whose funds are being
deposited, the amount paid, and the date of the deposit.
(6) After the department receives written notice that the special
license plate applicant's application has been((:)) approved by the legislature, the director shall request that
the money be transferred to the motor vehicle ((
(a)account;)) fund created in RCW 46.68.070.
(b)
(7) After the department receives written notice that the special
license plate applicant's application has been denied by the special
license plate review board or the legislature, the director shall
provide a refund to the applicant within thirty days((; or)).
(c)
(8) After the department receives written notice that the special
license plate applicant's application has been withdrawn by the special
license plate applicant, the director shall provide a refund to the
applicant within thirty days.
Sec. 608 RCW 46.16.765 and 2003 c 196 s 303 are each amended to
read as follows:
(1) Within thirty days of legislative enactment of a new special
license plate series for a qualifying organization meeting the
requirements of RCW 46.16.735(1) (as recodified by this act), the
department shall enter into a written agreement with the organization
that sponsored the special license plate. The agreement must identify
the services to be performed by the sponsoring organization. The
agreement must be consistent with all applicable state law and include
the following provision:
"No portion of any funds disbursed under the agreement may be used,
directly or indirectly, for any of the following purposes:
(a) Attempting to influence: (i) The passage or defeat of
legislation by the legislature of the state of Washington, by a county,
city, town, or other political subdivision of the state of Washington,
or by the Congress; or (ii) the adoption or rejection of a rule,
standard, rate, or other legislative enactment of a state agency;
(b) Making contributions reportable under chapter 42.17 RCW; or
(c) Providing a: (i) Gift; (ii) honoraria; or (iii) travel,
lodging, meals, or entertainment to a public officer or employee."
(2) The sponsoring organization must submit an annual financial
report by September 30th of each year to the department detailing
actual revenues and expenditures of the revenues received from sales of
the special license plate. Consistent with the agreement under
subsection (1) of this section, the sponsoring organization must expend
the revenues generated from the sale of the special license plate
series for the benefit of the public, and it must be spent within this
state. Disbursement of the revenue generated from the sale of the
special license plate to the sponsoring organization is contingent upon
the organization meeting all reporting and review requirements as
required by the department.
(3) If the sponsoring organization ceases to exist or the purpose
of the special license plate series ceases to exist, revenues generated
from the sale of the special license plates must be deposited into the
motor vehicle ((account)) fund created in RCW 46.68.070.
(4) A sponsoring organization may not seek to redesign its special
license plate series until ((all of)) the entire inventory is sold or
purchased by the organization itself. All costs for the redesign of a
special license plate series must be paid by the sponsoring
organization.
Sec. 609 RCW 46.16.775 and 2003 c 196 s 304 are each amended to
read as follows:
(1) A special license plate series created by the legislature after
January 1, 2004, that has not been reviewed and approved by the special
license plate review board is subject to the following requirements:
(a) The organization sponsoring the license plate series shall,
within thirty days of enactment of the legislation creating the special
license plate series, submit prepayment of all start-up costs
associated with the creation and implementation of the special license
plate in an amount determined by the department. The prepayment will
be credited to the motor vehicle fund created in RCW 46.68.070. The
creation and implementation of the special license plate series may not
((commence)) begin until payment is received by the department.
(b) If the sponsoring organization is not able to meet the
prepayment requirements in (a) of this subsection and can demonstrate
this fact to the satisfaction of the department, the revenues generated
from the sale of the special license plates must be deposited in the
motor vehicle ((account)) fund created in RCW 46.68.070 until the
department determines that the state's portion of the implementation
costs have been fully reimbursed. When it ((is)) has determined that
the state has been fully reimbursed, the department must notify the
treasurer to commence distribution of the revenue according to
statutory provisions.
(c) The sponsoring organization must provide a proposed special
license plate design to the department within thirty days of enactment
of the legislation creating the special license plate series.
(2) The state must be reimbursed for its portion of the
implementation costs within two years from the date the new special
license plate series goes on sale to the public. If the reimbursement
does not occur within the two-year time frame, the special license
plate series must be placed in probationary status for a period of one
year from that date. If the state is still not fully reimbursed for
its implementation costs after the one-year probation, the special
license plate series must be discontinued immediately. Those special
license plates issued before discontinuation are valid until replaced
under ((RCW 46.16.233)) section 422(10) of this act.
(3) If the sponsoring organization ceases to exist or the purpose
of the special license plate series ceases to exist, revenues generated
from the sale of the special license plates must be deposited into the
motor vehicle ((account)) fund created in RCW 46.68.070.
(4) A sponsoring organization may not seek to redesign ((their))
its special license plate series until ((all of)) the entire existing
inventory is sold or purchased by the organization itself. All costs
for the redesign of a special license plate series must be paid by the
sponsoring organization.
Sec. 610 RCW 46.16.690 and 2005 c 210 s 6 are each amended to
read as follows:
The department shall offer special license plate design services to
organizations that are sponsoring a new special license plate series
((or are)) and organizations seeking to redesign the appearance of an
existing special license plate series that they sponsored. In
providing this service, the department must work with the requesting
organization in determining the specific qualities of the new special
license plate design and must provide full design services to the
organization. The department shall collect from the requesting
organization a fee of two hundred dollars for providing special license
plate design services. This fee includes one original special license
plate design and up to five additional renditions of the original
design. If the organization requests the department to provide further
renditions, in addition to the five renditions provided for under the
original fee, the department shall collect an additional fee of one
hundred dollars per rendition. All revenue collected under this
section must be deposited into the multimodal transportation account
created in RCW 47.66.070.
NEW SECTION. Sec. 611 (1) The legislature recognizes that the
special license plate review board established in RCW 46.16.705 (as
recodified by this act) reviews and approves applications for special
license plate series.
(2) Special license plate series reviewed and approved by the
special license plate review board:
(a) May be issued in lieu of standard issue or personalized license
plates for vehicles required to display one and two license plates
unless otherwise specified;
(b) Must be issued under terms and conditions established by the
department;
(c) Must not be issued for vehicles registered under chapter 46.87
RCW; and
(d) Must display a symbol or artwork approved by the special
license plate review board.
(3) The special license plate review board approves, and the
department shall issue, the following special license plates:
| LICENSE PLATE | DESCRIPTION, SYMBOL, OR ARTWORK |
| Armed forces collection | Recognizes the contribution of veterans, active duty military personnel, reservists, and members of the national guard, and includes six separate designs, each containing a symbol representing a different branch of the armed forces to include army, navy, air force, marine corps, coast guard, and national guard. |
| Endangered wildlife | Displays a symbol or artwork, approved by the special license plate review board and the legislature. |
| Gonzaga University alumni | Recognizes the Gonzaga University alumni association. |
| Helping kids speak | Recognizes an organization that supports programs that provide no-cost speech pathology programs to children. |
| Keep kids safe | Recognizes efforts to prevent child abuse and neglect. |
| Law enforcement memorial | Honors law enforcement officers in Washington killed in the line of duty. |
| Professional firefighters and paramedics | Recognizes professional firefighters and paramedics who are members of the Washington state council of firefighters. |
| Share the road | Recognizes an organization that promotes bicycle safety and awareness education. |
| Ski & ride Washington | Recognizes the Washington snowsports industry. |
| Washington lighthouses | Recognizes an organization that supports selected Washington state lighthouses and provides environmental education programs. |
| Washington state parks | Recognizes Washington state parks as premier destinations of uncommon quality that preserve significant natural, cultural, historical, and recreational resources. |
| Washington's national park fund | Builds awareness of Washington's national parks and supports priority park programs and projects in Washington's national parks, such as enhancing visitor experience, promoting volunteerism, engaging communities, and providing educational opportunities related to Washington's national parks. |
| Washington's wildlife collection | Recognizes Washington's wildlife. |
| We love our pets | Recognizes an organization that assists local member agencies of the federation of animal welfare and control agencies to promote and perform spay/neuter surgery on Washington state pets to reduce pet overpopulation. |
| Wild on Washington | Symbolizes wildlife viewing in Washington state. |
NEW SECTION. Sec. 612 (1) A registered owner may apply to the
department for special armed forces license plates for motor vehicles
representing the following:
(a) Air force;
(b) Army;
(c) Coast guard;
(d) Marine corps;
(e) National guard; or
(f) Navy.
(2) Armed forces license plates may be purchased by:
(a) Active duty military personnel;
(b) Families of veterans and service members;
(c) Members of the national guard;
(d) Reservists; or
(e) Veterans, as defined in RCW 41.04.007.
(3) A person who applies for special armed forces license plates
shall provide:
(a) DD-214 or discharge papers if the applicant is a veteran;
(b) A military identification card or retired military
identification card; or
(c) A declaration of fact attesting to the applicant's eligibility
as required under this section.
(4) For the purposes of this section:
(a) "Child" includes stepchild, adopted child, foster child,
grandchild, or son or daughter-in-law.
(b) "Family" or "families" includes an individual's spouse, child,
parent, sibling, aunt, uncle, or cousin.
(c) "Parent" includes stepparent, grandparent, or in-laws.
(d) "Sibling" includes brother, half brother, stepbrother, sister,
half sister, stepsister, or brother or sister-in-law.
(5) Armed forces license plates are not free of charge to disabled
veterans, former prisoners of war, or spouses or domestic partners of
deceased former prisoners of war under section 619 of this act.
NEW SECTION. Sec. 613 (1) The department must make available,
upon request by a purchaser of special armed forces license plates, at
no additional cost, a decal indicating the purchaser's military status.
The list of available decals must include, but is not limited to:
(a) Active duty;
(b) Disabled veteran;
(c) Reservist;
(d) Retiree;
(e) Veteran; or
(f) Other decals established in cooperation with the department of
veterans affairs.
(2) Armed forces decals must be made available only for standard
six-inch by twelve-inch license plates. The department may specify
where the decal may be placed on the license plate.
(3) The department of veterans affairs must enter into an agreement
with the department to reimburse the department for the costs
associated with providing military status decals described in this
section.
Sec. 614 RCW 46.16.301 and 1997 c 291 s 5 are each amended to
read as follows:
The department shall create, design, and issue a special baseball
stadium license plate that may be used in lieu of ((regular)) standard
issue or personalized license plates for motor vehicles required to
display two ((motor vehicle)) license plates, excluding vehicles
registered under chapter 46.87 RCW, upon terms and conditions
established by the department. The special license plates ((shall))
commemorate the construction of a baseball stadium, as defined in RCW
82.14.0485. The department shall also issue to each recipient of a
special baseball stadium license plate a certificate of participation
in the construction of the baseball stadium.
Sec. 615 RCW 46.16.324 and 1994 c 194 s 3 are each amended to
read as follows:
((Effective January 1, 1995,)) A state university, regional
university, or state college as defined in RCW 28B.10.016 may apply to
the department, in a form ((prescribed)) approved by the
department((,)) and request the department to issue a series of
collegiate license plates, for display on motor vehicles, depicting the
name and mascot or symbol of the college or university, as submitted
and approved for use by the requesting institution.
NEW SECTION. Sec. 616 (1) A registered owner may apply to the
department for special license plates showing the official amateur
radio call letters assigned by the federal communications commission.
The amateur radio operator must:
(a) Provide a copy of the current valid federal communications
commission amateur radio license;
(b) Pay the amateur radio license plate fee required under section
521(1)(a) of this act, in addition to any other fees and taxes due; and
(c) Be recorded as the registered owner of the vehicle on which the
amateur radio license plates will be displayed.
(2) Amateur radio license plates must be issued only for motor
vehicles owned by persons who have a valid official radio operator
license issued by the federal communications commission.
(3) The department shall not issue or may refuse to issue amateur
radio license plates that display the consecutive letters "WSP."
(4) A person who has been issued amateur radio operator license
plates as provided in this section must:
(a) Notify the department within thirty days after the federal
communications commission license assigned is canceled or expires, and
return the amateur radio license plates; and
(b) Provide a copy of the renewed federal communications commission
license to the department after it is renewed.
(5) Amateur radio license plates may be transferred from one motor
vehicle to another motor vehicle owned by the amateur radio operator
upon application to the department, county auditor or other agent, or
subagent appointed by the director.
(6) Facilities of official amateur radio stations may be utilized
to the fullest extent in the work of governmental agencies. The
director shall furnish the state military department, the department of
commerce, the Washington state patrol, and all county sheriffs a list
of the names, addresses, and license plate or official amateur radio
call letters of each person possessing the amateur radio license
plates.
(7) Failure to return the amateur radio license plates as required
under subsection (4) of this section is a traffic infraction.
NEW SECTION. Sec. 617 (1) A registered owner may apply to the
department, county auditor or other agent, or subagent appointed by the
director for a collector vehicle license plate for a motor vehicle that
is at least thirty years old. The motor vehicle must be operated
primarily as a collector vehicle and be in good running order. The
applicant for the collector vehicle license plate shall:
(a) Purchase a registration for the motor vehicle as required under
chapters 46.16 and 46.17 RCW; and
(b) Pay the special license plate fee established under section
521(1)(d) of this act, in addition to any other fees or taxes required
by law.
(2) A person applying for a collector vehicle license plate may:
(a) Receive a collector vehicle license plate assigned by the
department; or
(b) Provide a Washington state issued license plate designated for
general use in the year of the vehicle's manufacture.
(3) Collector vehicle license plates:
(a) Are valid for the life of the motor vehicle;
(b) Are not required to be renewed; and
(c) Must be displayed on the rear of the motor vehicle.
(4) A collector vehicle registered under this section may only be
used for participation in club activities, exhibitions, tours, parades,
and occasional pleasure driving.
(5) Collector vehicle license plates may be transferred from one
motor vehicle to another motor vehicle described in subsection (1) of
this section upon application to the department, county auditor or
other agent, or subagent appointed by the director.
NEW SECTION. Sec. 618 (1) A registered owner who has been
awarded the Congressional Medal of Honor may apply to the department
for special license plates for use on a passenger vehicle. The
Congressional Medal of Honor recipient must:
(a) Provide proof from the Washington state department of veterans
affairs showing receipt of the medal; and
(b) Be recorded as the registered owner of the vehicle on which the
Congressional Medal of Honor license plates will be displayed.
(2) Congressional Medal of Honor license plates must be issued:
(a) Only for a personal passenger motor vehicle owned by persons
who have received the Congressional Medal of Honor; and
(b) Without payment of vehicle license fees, license plate fees,
and motor vehicle excise taxes.
(3) Congressional Medal of Honor license plates must be replaced,
free of charge, if the license plates become lost, stolen, damaged,
defaced, or destroyed.
(4) Congressional Medal of Honor license plates may be transferred,
free of charge, from one motor vehicle to another motor vehicle owned
by the Congressional Medal of Honor recipient upon application to the
department, county auditor or other agent, or subagent appointed by the
director.
NEW SECTION. Sec. 619 (1) A registered owner who is a veteran,
as defined in RCW 41.04.007, may apply to the department for disabled
American veteran or former prisoner of war license plates, for use on
one personal use motor vehicle. The veteran must be recorded as the
registered owner of the vehicle on which the disabled American veteran
or former prisoner of war license plates will be displayed and:
(a) Provide certification from the veterans administration or the
military service from which the veteran was discharged that the veteran
has a service-connected disability rating;
(b) Have lost the use of both hands or one foot;
(c) Have been captured and incarcerated by an enemy of the United
States during a period of war with the United States and have received
a prisoner of war medal;
(d) Have become blind in both eyes as the result of military
service; or
(e) Be rated by the veterans administration or the military service
from which the veteran was discharged and be receiving service-connected compensation at the one hundred percent rate that is expected
to exist for more than one year.
(2) The special license plates under this section must:
(a) Display distinguishing marks, letters, or numerals indicating
that the registered owner is a disabled American veteran or former
prisoner of war; and
(b) Be issued for one personal use vehicle without the payment of
any vehicle license fees, license plate fees, or excise taxes.
(3) A registered owner who is a veteran, as defined in RCW
41.04.007, may, in lieu of applying for the special license plates
under this section, apply for regular issue or any qualifying special
license plate and receive the full benefit of the vehicle license fee
and excise tax exemption provided in subsection (2)(b) of this section.
(4) The department may periodically verify the one hundred percent
rate as described in subsection (1)(e) of this section.
(5) A veteran who has been issued disabled American veteran or
former prisoner of war license plates under this section before July 1,
1983, continues to be eligible for the vehicle license fee and excise
tax exemption described in subsection (2)(b) of this section.
(6) Disabled American veteran and former prisoner of war license
plates may be transferred from one motor vehicle to another motor
vehicle owned by the veteran upon application to the department, county
auditor or other agent, or subagent appointed by the director.
(7) For the purposes of this section:
(a) "Blind" means the definition of "blind" used by the state of
Washington in determining eligibility for financial assistance to the
blind under Title 74 RCW; and
(b) "Special license plates" does not include any plate from the
armed forces license plate collection established in section 611(3) of
this act.
(8) Any unauthorized use of a special license plate under this
section is a gross misdemeanor.
NEW SECTION. Sec. 620 (1) A registered owner who is an officer
of the Taipei economic and cultural office may apply to the department
for special license plates for a motor vehicle owned or leased by the
officer. The special license plates must:
(a) Be issued for passenger vehicles having a manufacturer's rated
carrying capacity of one ton or less;
(b) Show the words "Foreign Organization";
(c) Be in a distinguishing color and a separate numerical series;
(d) Be returned to the department when no longer in use or when the
owner or lessee is relieved of his or her duties as a representative of
the recognized foreign organization; and
(e) Be removed from the vehicle when the officer of the Taipei
economic and cultural office transfers or assigns the interest or
certificate of title in the motor vehicle for which the special license
plates were issued.
(2) Motor vehicles described in subsection (1) of this section are
exempt from the vehicle license fees under section 531 of this act.
(3) Foreign organization license plates may be transferred from one
motor vehicle to another motor vehicle owned by the officer as
described in subsection (1) of this section upon application to the
department, county auditor or other agent, or subagent appointed by the
director.
(4) The Taipei economic and cultural office shall bear the entire
cost of production of the special license plates described in
subsection (1) of this section.
NEW SECTION. Sec. 621 (1) A registered owner who is the mother
or father of a member of the United States armed forces who died while
in service to his or her country, or as a result of his or her service,
may apply to the department for special gold star license plates for
use on a motor vehicle. The registered owner must:
(a) Be a resident of this state;
(b) Provide certification from the Washington state department of
veterans affairs that the registered owner qualifies for the special
license plate under this section;
(c) Be recorded as the registered owner of the motor vehicle on
which the gold star license plates will be displayed; and
(d) Pay all fees and taxes required by law for registering the
motor vehicle.
(2) Gold star license plates must be issued:
(a) Only for motor vehicles owned by qualifying applicants; and
(b) Without payment of any license plate fee.
(3) Gold star license plates must be replaced, free of charge, if
the license plates become lost, stolen, damaged, defaced, or destroyed.
(4) Gold star license plates may be transferred from one motor
vehicle to another motor vehicle owned by the mother or father, as
described in subsection (1) of this section, upon application to the
department, county auditor or other agent, or subagent appointed by the
director.
NEW SECTION. Sec. 622 (1) A registered owner who is an honorary
consul or official representative of any foreign government may apply
to the department for special license plates for a motor vehicle owned
or leased by the honorary consul or official representative. The
honorary consul or official representative must be a citizen of the
United States, pay all required vehicle license fees and taxes, and
either (a) provide a copy of the honorary consul identification card or
(b) show the exequatur issued by the United States department of state.
(2) The special honorary consul license plates must be:
(a) A distinguishing color and separate numerical series;
(b) Returned to the department when no longer in use or when the
honorary consul or official representative is relieved of his or her
official duties; and
(c) Removed from the vehicle when the honorary consul or official
representative transfers or assigns the interest or certificate of
title in the motor vehicle for which the special license plates were
issued.
(3) The special honorary consul license plates may be transferred
to a replacement vehicle. The honorary consul or official
representative shall immediately notify the department of the transfer
of the special license plates.
NEW SECTION. Sec. 623 (1) A registered owner may apply to the
department, county auditor or other agent, or subagent appointed by the
director for a horseless carriage license plate for a motor vehicle
that is at least forty years old. The motor vehicle must be operated
primarily as a collector vehicle and be in good running order. The
applicant for the horseless carriage license plate shall:
(a) Purchase a registration for the motor vehicle as required under
chapters 46.16 and 46.17 RCW; and
(b) Pay the special license plate fee established under section
521(1)(i) of this act, in addition to any other fees or taxes required
by law.
(2) Horseless carriage license plates:
(a) Are valid for the life of the motor vehicle;
(b) Are not required to be renewed;
(c) Are not transferrable to any other motor vehicle; and
(d) Must be displayed on the rear of the motor vehicle.
NEW SECTION. Sec. 624 (1) A registered owner who has a valid
military affiliate radio system station license may apply to the
department for special license plates for use on only one motor vehicle
owned by the qualified applicant. The applicant must:
(a) Be a resident of this state;
(b) Provide a copy of the current official military affiliate radio
system station license authorized by the department of defense and
issued by the United States army, air force, navy, or marine corps;
(c) Be recorded as the registered owner of the motor vehicle on
which the military affiliate radio system license plates will be
displayed; and
(d) Pay the military affiliate radio system license plate fee
required under section 521(1)(l) of this act, in addition to any other
fees or taxes required by law.
(2) A person who has been issued military affiliate radio system
license plates as provided in this section must:
(a) Notify the department if the military affiliate radio system
station license assigned is canceled or expires; and
(b) Provide a copy of the renewed military affiliate radio system
station license to the department when it is renewed.
(3) Military affiliate radio system license plates:
(a) Are not available for motorcycles; and
(b) May be transferred from one motor vehicle to another motor
vehicle owned by the military affiliate radio system operator upon
application to the department, county auditor or other agent, or
subagent appointed by the director.
NEW SECTION. Sec. 625 (1) A registered owner who has survived
the attack on Pearl Harbor on December 7, 1941, may apply to the
department for special license plates for use on only one motor vehicle
owned by the qualified applicant. The applicant must:
(a) Be a resident of this state;
(b) Have been a member of the United States armed forces on
December 7, 1941;
(c) Have been on station on December 7, 1941, between the hours of
7:55 a.m. and 9:45 a.m. Hawaii time at Pearl Harbor, the island of
Oahu, or offshore at a distance not to exceed three miles;
(d) Have received an honorable discharge from the United States
armed forces;
(e) Provide certification by a Washington state chapter of the
Pearl Harbor survivors association showing that qualifications in (c)
of this subsection have been met;
(f) Be recorded as the registered owner of the vehicle on which the
Pearl Harbor survivor license plates will be displayed; and
(g) Pay all fees and taxes required by law for registering the
motor vehicle.
(2) Pearl Harbor survivor license plates must be issued without the
payment of any license plate fee.
(3) Pearl Harbor survivor license plates must be replaced, free of
charge, if the license plates have become lost, stolen, damaged,
defaced, or destroyed.
(4) Pearl Harbor survivor license plates may be issued to the
surviving spouse or domestic partner of a Pearl Harbor survivor who met
the requirements in subsection (1) of this section. The surviving
spouse or domestic partner must be a resident of this state. If the
surviving spouse remarries or the surviving domestic partner marries or
enters into a new domestic partnership, he or she must return the
special plates to the department within fifteen days and apply for
regular license plates or another type of special license plate.
(5) Pearl Harbor survivor license plates may be transferred from
one motor vehicle to another motor vehicle owned by the Pearl Harbor
survivor or the surviving spouse or domestic partner as described in
subsection (4) of this section upon application to the department,
county auditor or other agent, or subagent appointed by the director.
NEW SECTION. Sec. 626 (1) A registered owner may apply to the
department for a personalized license plate for any vehicle required to
display one or two vehicle license plates, excluding vehicles
registered under chapter 46.87 RCW, upon terms and conditions
established by the department. The application for personalized
license plates must contain the combination of letters or numbers, or
both, requested by the registered owner.
(2) Personalized license plates must:
(a) Be the same design as standard issue license plates;
(b) Consist of numbers or letters or any combination of numbers or
letters;
(c) Not exceed seven positions unless proposed by the department
and approved by the Washington state patrol; and
(d) Not contain less than one character.
(3) A 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, is not required to pay the additional
annual renewal fee described in section 520 of this act.
(4) The department shall not issue or may refuse to issue
personalized license plates that:
(a) Duplicate or conflict with an existing or projected vehicle
license plate series or other numbering systems for records kept by the
department; or
(b) May carry connotations offensive to good taste and decency or
which would be misleading.
(5) Personalized license plates must be issued only to the
registered owner of the vehicle on which they are to be displayed. The
registered owner must:
(a) Pay the personalized license plate fee required under section
520 of this act, in addition to any other fee or taxes due;
(b) Renew personalized license plates annually, regardless of
whether or not the vehicle on which the personalized license plates are
displayed will be driven on the public highways;
(c) Surrender personalized license plates that have not been
renewed to the department. The failure to surrender expired
personalized license plates is a traffic infraction; and
(d) Immediately report to the department when personalized license
plates have been transferred to another vehicle or another owner.
(6) The department may establish rules as necessary to carry out
this section including, but not limited to, identifying the maximum
number of positions on personalized license plates for motorcycles.
NEW SECTION. Sec. 627 (1) A registered owner may purchase
personalized license plates with a special license plate background for
any vehicle required to display one or two vehicle license plates,
excluding:
(a) Amateur radio license plates;
(b) Collector vehicle license plates;
(c) Disabled American veteran license plates;
(d) Former prisoner of war license plates;
(e) Horseless carriage license plates;
(f) Congressional Medal of Honor license plates;
(g) Military affiliate radio system license plates;
(h) Pearl Harbor survivor license plates;
(i) Restored license plates; and
(j) Vehicles registered under chapter 46.87 RCW.
(2) Personalized special license plates issued under this section
must:
(a) Consist of numbers or letters or any combination of numbers or
letters;
(b) Not exceed seven characters; and
(c) Not contain less than one character.
(3) The department may not issue or may refuse to issue
personalized special license plates that:
(a) Duplicate or conflict with existing or projected vehicle
license plate series or other numbering systems for records kept by the
department; or
(b) May carry connotations offensive to good taste and decency or
which would be misleading.
(4) Personalized special license plates must be issued only to the
registered owner of the vehicle on which they are to be displayed. The
registered owner must:
(a) Pay both the personalized license plate fee required under
section 520 of this act and the special license plate fee required
under the applicable special license plate provision, in addition to
any other fee or taxes due. License plate fees must be distributed as
provided in chapter 46.68 RCW;
(b) Renew personalized special license plates annually, regardless
of whether or not the vehicle on which the personalized special license
plates are displayed will be driven on the public highways;
(c) Surrender personalized special license plates that have not
been renewed to the department. The failure to surrender expired
personalized special license plates is a traffic infraction; and
(d) Immediately report to the department when personalized special
license plates have been transferred to another vehicle or another
owner.
(5) The department may establish rules as necessary to carry out
this section including, but not limited to, identifying the maximum
number of positions on personalized special license plates for
motorcycles.
NEW SECTION. Sec. 628 (1) A registered owner who has been
awarded a Purple Heart medal by any branch of the United States armed
forces, including the merchant marines and the women's air forces
service pilots may apply to the department for special license plates
for use on only one motor vehicle owned by the qualified applicant.
The applicant must:
(a) Be a resident of this state;
(b) Have been wounded during one of this nation's wars or conflicts
identified in RCW 41.04.005;
(c) Have received an honorable discharge from the United States
armed forces;
(d) Provide a copy of the armed forces document showing the
recipient was awarded the Purple Heart medal;
(e) Be recorded as the registered owner of the vehicle on which the
Purple Heart survivor license plates will be displayed; and
(f) Pay all fees and taxes required by law for registering the
motor vehicle.
(2) Purple Heart license plates must be issued without the payment
of any special license plate fee.
(3) Purple Heart license plates may be issued to the surviving
spouse or domestic partner of a Purple Heart recipient who met the
requirements in subsection (1) of this section. The surviving spouse
or domestic partner must be a resident of this state. If the surviving
spouse remarries or the surviving domestic partner marries or enters
into a new domestic partnership, he or she must return the special
plates to the department within fifteen days and apply for regular
license plates or another type of special license plate.
(4) Purple Heart license plates may be transferred from one motor
vehicle to another motor vehicle owned by the Purple Heart recipient or
the surviving spouse or domestic partner as described in subsection (3)
of this section upon application to the department, county auditor or
other agent, or subagent appointed by the director.
NEW SECTION. Sec. 629 A registered owner who uses a passenger
motor vehicle for commuter ride sharing or ride sharing for persons
with special transportation needs, as defined in RCW 46.74.010, shall
apply to the director, county auditor or other agent, or subagent
appointed by the director for special ride share license plates. The
registered owner must qualify for the tax exemptions provided in RCW
82.08.0287, 82.12.0282, or 82.44.015, and pay the special ride share
license plate fee required under section 521(1)(n) of this act when the
special ride share license plates are initially issued.
(2) The special ride share license plates:
(a) Must be of a distinguishing separate numerical series or design
as defined by the department;
(b) Must be returned to the department when no longer in use or
when the registered owner no longer qualifies for the tax exemptions
provided in subsection (1) of this section; and
(c) Are not required to be renewed annually for motor vehicles
described in RCW 46.16.020 (as recodified by this act).
(3) Special ride share license plates may be transferred from one
motor vehicle to another motor vehicle as described in subsection (1)
of this section upon application to the department, county auditor or
other agent, or subagent appointed by the director.
(4) Any person who knowingly makes a false statement of a material
fact in the application for a special license plate under subsection
(1) of this section is guilty of a gross misdemeanor.
NEW SECTION. Sec. 630 A registered owner may apply to the
department, county auditor or other agent, or subagent appointed by the
director for a square dancer license plate. The registered owner shall
pay the special license plate fee required under section 521(1)(q) of
this act, in addition to any other fee or tax required by law. The
square dancer license plate may be issued in lieu of standard issue or
personalized license plates for vehicles required to display two
license plates, but may not be issued for vehicles registered under
chapter 46.87 RCW.
Sec. 631 RCW 46.16.335 and 1990 c 250 s 10 are each amended to
read as follows:
The director shall adopt rules to implement ((RCW 46.16.301 through
46.16.332)) chapter 46.... RCW (the new chapter created in section 1224
of this act), including setting of fees.
NEW SECTION. Sec. 701 (1) A natural person who has a disability
that meets one of the following criteria may apply for special parking
privileges:
(a) Cannot walk two hundred feet without stopping to rest;
(b) Is severely limited in ability to walk due to arthritic,
neurological, or orthopedic condition;
(c) Has such a severe disability that the person cannot walk
without the use of or assistance from a brace, cane, another person,
prosthetic device, wheelchair, or other assistive device;
(d) Uses portable oxygen;
(e) Is restricted by lung disease to an extent that forced
expiratory respiratory volume, when measured by spirometry, is less
than one liter per second or the arterial oxygen tension is less than
sixty mm/hg on room air at rest;
(f) Impairment by cardiovascular disease or cardiac condition to
the extent that the person's functional limitations are classified as
class III or IV under standards accepted by the American heart
association;
(g) Has a disability resulting from an acute sensitivity to
automobile emissions that limits or impairs the ability to walk. The
personal physician, advanced registered nurse practitioner, or
physician assistant of the applicant shall document that the disability
is comparable in severity to the others listed in this subsection;
(h) Has limited mobility and has no vision or whose vision with
corrective lenses is so limited that the person requires alternative
methods or skills to do efficiently those things that are ordinarily
done with sight by persons with normal vision;
(i) Has an eye condition of a progressive nature that may lead to
blindness; or
(j) Is restricted by a form of porphyria to the extent that the
applicant would significantly benefit from a decrease in exposure to
light.
(2) The disability must be determined by either:
(a) A licensed physician;
(b) An advanced registered nurse practitioner licensed under
chapter 18.79 RCW; or
(c) A physician assistant licensed under chapter 18.71A or 18.57A
RCW.
(3) The application for special parking privileges for persons with
disabilities must contain:
(a) The following statement immediately below the physician's,
advanced registered nurse practitioner's, or physician assistant's
signature: "A parking permit for a person with disabilities may be
issued only for a medical necessity that severely affects mobility or
involves acute sensitivity to light (section 701 of this act).
Knowingly providing false information on this application is a gross
misdemeanor. The penalty is up to one year in jail and a fine of up to
$5,000 or both"; and
(b) Other information as required by the department.
(4) A natural person who has a disability described in subsection
(1) of this section and is expected to improve within six months may be
issued a temporary placard for a period not to exceed six months. If
the disability exists after six months, a new temporary placard must be
issued upon receipt of a new application with certification from the
person's physician. Special license plates for persons with
disabilities may not be issued to a person with a temporary disability.
(5) A natural person who qualifies for special parking privileges
under this section must receive an identification card showing the name
and date of birth of the person to whom the parking privilege has been
issued and the serial number of the placard.
(6) A natural person who qualifies for permanent special parking
privileges under this section may receive one of the following:
(a) Up to two parking placards;
(b) One set of special license plates for persons with disabilities
if the person with the disability is the registered owner of the
vehicle on which the license plates will be displayed;
(c) One parking placard and one set of special license plates for
persons with disabilities if the person with the disability is the
registered owner of the vehicle on which the license plates will be
displayed; or
(d) One special parking year tab for persons with disabilities and
one parking placard.
(7) Parking placards and identification cards described in this
section must be issued free of charge.
(8) The parking placard and identification card must be immediately
returned to the department upon the placard holder's death.
NEW SECTION. Sec. 702 (1) The following organizations may apply
for special parking privileges:
(a) Public transportation authorities;
(b) Nursing homes licensed under chapter 18.51 RCW;
(c) Boarding homes licensed under chapter 18.20 RCW;
(d) Senior citizen centers;
(e) Private nonprofit corporations, as defined in RCW 24.03.005;
and
(f) Cabulance companies that regularly transport persons with
disabilities who have been determined eligible for special parking
privileges under this section and who are registered with the
department under chapter 46.72 RCW.
(2) An organization that qualifies for special parking privileges
may receive, upon application, parking license plates or placards, or
both, for persons with disabilities as defined by the department.
(3) Public transportation authorities, nursing homes, boarding
homes, senior citizen centers, private nonprofit corporations, and
cabulance services are responsible for ensuring that the special
placards and license plates are not used improperly and are responsible
for all fines and penalties for improper use.
(4) The department shall adopt rules to determine organization
eligibility.
NEW SECTION. Sec. 703 (1) Parking privileges for persons with
disabilities must be renewed at least every five years, as required by
the director, by satisfactory proof of the right to continued use of
the privileges.
(2) The department shall match and purge its database of parking
permits issued to persons with disabilities with available death record
information at least every twelve months.
(3) The department shall adopt rules to administer the parking
privileges for persons with disabilities program.
NEW SECTION. Sec. 704 (1) The department shall design special
license plates for persons with disabilities, parking placards, and
year tabs displaying the international symbol of access.
(2) Special license plates for persons with disabilities must be
displayed on the motor vehicle as standard issue license plates as
described in section 422 of this act.
(3) Parking placards must be displayed when the motor vehicle is
parked by suspending it from the rearview mirror. In the absence of a
rearview mirror, the parking placard must be displayed on the
dashboard.
(4) Special year tabs for persons with disabilities must be
displayed on license plates as defined by the department.
(5) Persons who have been issued special license plates for persons
with disabilities, parking placards, or special license plates with a
special year tab for persons with disabilities may park in places
reserved for persons with physical disabilities.
NEW SECTION. Sec. 705 (1) An additional fee may not be charged
for special license plates for persons with disabilities except for any
other fees and taxes required to be paid upon registration of a motor
vehicle.
(2) A registered owner who qualifies for special parking privileges
as described in section 701 of this act may apply to the department for
special license plates for persons with disabilities or special license
plates with a special year tab for persons with disabilities. Special
license plates with a special year tab for persons with disabilities
are available on the following special license plate designs:
| PLATE TYPE | ISSUED UNDER |
| Armed forces collection | Section 612 of this act |
| Baseball stadium | RCW 46.16.301 (as recodified by this act) |
| Collegiate | RCW 46.16.324 (as recodified by this act) |
| Disabled American veteran | Section 619 of this act |
| Endangered wildlife | Section 611 of this act |
| Former prisoner of war | Section 619 of this act |
| Helping kids speak | Section 611 of this act |
| Keep kids safe | Section 611 of this act |
| Law enforcement memorial | Section 611 of this act |
| Pearl Harbor survivor | Section 625 of this act |
| Personalized | Section 626 of this act |
| Professional firefighters and paramedics | Section 611 of this act |
| Purple Heart | Section 628 of this act |
| Share the road | Section 611 of this act |
| Ski & ride Washington | Section 611 of this act |
| Square dancer | Section 630 of this act |
| Washington lighthouses | Section 611 of this act |
| Washington's national park fund | Section 611 of this act |
| Washington state parks | Section 611 of this act |
| Washington's wildlife collection | Section 611 of this act |
| We love our pets | Section 611 of this act |
| Wild on Washington | Section 611 of this act |
NEW SECTION. Sec. 706 (1) False information. Knowingly
providing false information in conjunction with the application for
special parking privileges for persons with disabilities is a gross
misdemeanor punishable under chapter 9A.20 RCW.
(2) Unauthorized use. Any unauthorized use of the special placard,
special license, or identification card issued under this chapter is a
traffic infraction with a monetary penalty of two hundred fifty
dollars.
(3) Inaccessible access. It is a parking infraction, with a
monetary penalty of two hundred fifty dollars, for a person to make
inaccessible the access aisle located next to a space reserved for
persons with physical disabilities. The clerk of the court shall
report all violations related to this subsection to the department.
(4) Parking without placard/plate. It is a parking infraction,
with a monetary penalty of two hundred fifty dollars, for any person to
park a vehicle in a parking place provided on private property without
charge or on public property reserved for persons with physical
disabilities without a placard or special license plate issued under
this chapter. If a person is charged with a violation, the person will
not be determined to have committed an infraction if the person
produces in court or before the court appearance the placard or special
license plate issued under this chapter as required under this chapter.
A local jurisdiction providing nonmetered, on-street parking places
reserved for persons with physical disabilities may impose by ordinance
time restrictions of no less than four hours on the use of these
parking places.
(5) Time restrictions. A local jurisdiction may impose by
ordinance time restrictions of no less than four hours on the use of
nonreserved, on-street parking spaces by vehicles displaying the
special parking placards or special license plates issued under this
chapter. All time restrictions must be clearly posted.
(6) Use of funds - reimbursement. Funds from the penalties imposed
under subsections (3) and (4) of this section must be used by that
local jurisdiction exclusively for law enforcement. The court may also
impose an additional penalty sufficient to reimburse the local
jurisdiction for any costs that it may have incurred in the removal and
storage of the improperly parked vehicle.
(7) Illegal obtainment. Except as provided in subsection (1) of
this section, it is a traffic infraction with a monetary penalty of two
hundred fifty dollars for any person willfully to obtain a special
license plate, placard, or identification card issued under this
chapter in a manner other than that established under this chapter.
(8) Volunteer appointment. A law enforcement agency authorized to
enforce parking laws may appoint volunteers, with a limited commission,
to issue notices of infractions for violations of sections 701 and 704
of this act or RCW 46.61.581. Volunteers must be at least twenty-one
years of age. The law enforcement agency appointing volunteers may
establish any other qualifications that the agency deems desirable.
(a) An agency appointing volunteers under this section must provide
training to the volunteers before authorizing them to issue notices of
infractions.
(b) A notice of infraction issued by a volunteer appointed under
this subsection has the same force and effect as a notice of infraction
issued by a police officer for the same offense.
(c) A police officer or a volunteer may request a person to show
the person's identification card or special parking placard when
investigating the possibility of a violation of this section. If the
request is refused, the person in charge of the vehicle may be issued
a notice of infraction for a violation of this section.
(9) Community restitution. For second or subsequent violations of
this section, in addition to a monetary penalty, the violator must
complete a minimum of forty hours of:
(a) Community restitution for a nonprofit organization that serves
persons with disabilities or disabling diseases; or
(b) Any other community restitution that may sensitize the violator
to the needs and obstacles faced by persons with disabilities.
(10) Fine suspension. The court may not suspend more than one-half
of any fine imposed under subsection (2), (3), (4), or (7) of this
section.
Sec. 707 RCW 46.16.390 and 2005 c 390 s 4 are each amended to
read as follows:
A special license plate or card issued by another state or country
that indicates that an occupant of ((the)) a vehicle has
disabilities((,)) entitles the vehicle on or in which it is displayed
and being used to transport the person with disabilities to lawfully
park in a parking place reserved for persons with physical disabilities
pursuant to chapter 70.92 RCW ((or authority implemental thereof)).
Sec. 801 RCW 46.68.010 and 2003 c 53 s 248 are each amended to
read as follows:
(((1) Whenever any license fee, paid under the provisions of this
title, has been erroneously paid, either wholly or in part, the payor
is entitled to have refunded the amount so erroneously paid.))
(2) A license fee is refundable in one or more of the following
circumstances: (a) If the vehicle for which the renewal license was
purchased was destroyed before the beginning date of the registration
period for which the renewal fee was paid; (b) if the vehicle for which
the renewal license was purchased was permanently removed from the
state before the beginning date of the registration period for which
the renewal fee was paid; (c) if the vehicle license was purchased
after the owner has sold the vehicle; (d) if the vehicle is currently
licensed in Washington and is subsequently licensed in another
jurisdiction, in which case any full months of Washington fees between
the date of license application in the other jurisdiction and the
expiration of the Washington license are refundable; or (e) if the
vehicle for which the renewal license was purchased is sold before the
beginning date of the registration period for which the renewal fee was
paid, and the payor returns the new, unused, never affixed license
renewal tabs to the department before the beginning of the registration
period for which the registration was purchased.
(3) Upon the refund being certified to the state treasurer by the
director as correct and being claimed in the time required by law the
state treasurer shall mail or deliver the amount of each refund to the
person entitled thereto. No claim for refund shall be allowed for such
erroneous payments unless filed with the director within three years
after such claimed erroneous payment was made.
(4) If due to error a person has been required to pay a vehicle
license fee under this title and an excise tax under Title 82 RCW that
amounts to an overpayment of ten dollars or more, that person shall be
entitled to a refund of the entire amount of the overpayment,
regardless of whether a refund of the overpayment has been requested.
(5) If due to error the department or its agent has failed to
collect the full amount of the license fee and excise tax due and the
underpayment is in the amount of ten dollars or more, the department
shall charge and collect such additional amount as will constitute full
payment of the tax and fees.
(6) Any person who makes a false statement under which he or she
obtains a refund to which he or she is not entitled under this section
is guilty of a gross misdemeanor.
(1) A person who has paid all or part of a vehicle license fee
under this title is entitled to a refund if the amount was paid in
error or if the vehicle:
(a) Was destroyed before the new registration period began;
(b) Was permanently removed from Washington state before the new
registration period began;
(c) Registration was purchased after the owner sold the vehicle;
(d) Was registered in another jurisdiction after the Washington
state registration had been purchased. Any full months of Washington
vehicle license fees remaining after application for out-of-state
registration was made are refundable; or
(e) Registration was purchased before the vehicle was sold and
before the new registration period began. The person who paid the fees
must return the unused, never-affixed license tabs to the department
before the new registration period begins.
(2) The department shall refund overpayments of vehicle license
fees and motor vehicle excise taxes under Title 82 RCW that are ten
dollars or more. A request for a refund is not required.
(3) The department shall certify refunds to the state treasurer as
correct and being claimed in the time required by law. The state
treasurer shall mail or deliver the amount of each refund to the person
who is entitled to the refund. The department shall not authorize
refunds of fees paid in error unless the request is made within three
years after the fees were paid.
(4) If due to error the department, county auditor or other agent,
or subagent appointed by the director has failed to collect the full
amount of the vehicle license fee and excise tax due and the
underpayment is in the amount of ten dollars or more, the department
shall charge and collect the additional amount to constitute full
payment of the tax and fees.
(5) Any person who makes a false statement under which he or she
obtains a refund that he or she is not entitled to under this section
is guilty of a gross misdemeanor.
Sec. 802 RCW 46.68.020 and 2004 c 200 s 3 are each amended to
read as follows:
((The director shall forward all fees for certificates of ownership
or other moneys accruing under the provisions of chapter 46.12 RCW to
the state treasurer, together with a proper identifying detailed
report. The state treasurer shall credit such moneys as follows:))
(1) The fees collected under RCW 46.12.040(1) and 46.12.101(6)
shall be credited to the multimodal transportation account in RCW
47.66.070.
(2)(a) Beginning July 27, 2003, and until July 1, 2008, the fees
collected under RCW 46.12.080, 46.12.101(3), 46.12.170, and 46.12.181
shall be credited as follows:
(i) 58.12 percent shall be credited to a segregated subaccount of
the air pollution control account in RCW 70.94.015;
(ii) 16.60 percent shall be credited to the vessel response account
created in RCW 90.56.335; and
(iii) The remainder shall be credited into the transportation 2003
account (nickel account).
(b) Beginning July 1, 2008, and thereafter, the fees collected
under RCW 46.12.080, 46.12.101(3), 46.12.170, and 46.12.181 shall be
credited to the transportation 2003 account (nickel account).
(3) The fees collected under RCW 46.12.040(3) and 46.12.060 shall
be credited to the motor vehicle account.
(1) The director shall forward all fees for certificates of title
or other moneys accruing under chapters 46.12 and 46.17 RCW to the
state treasurer, together with a proper identifying detailed report.
The state treasurer shall credit these moneys as follows:
| FEE | REQUIRED IN | ESTABLISHED IN | DISTRIBUTION |
| ORV registration fee | Section 214 of this act | Section 508 of this act | RCW 47.66.070 |
| Original certificate of title | RCW 46.12.030 (as recodified by this act) | Section 508 of this act | RCW 47.66.070 |
| Penalty for late transfer | RCW 46.12.101 (as recodified by this act) | Section 512 of this act | RCW 47.66.070 |
| Motor change | RCW 46.12.080 (as recodified by this act) | Section 508 of this act | RCW 46.68.280 |
| Transfer certificate of title | RCW 46.12.101 (as recodified by this act) | Section 508 of this act | RCW 46.68.280 |
| Security interest changes | RCW 46.12.170 (as recodified by this act) | Section 508 of this act | RCW 46.68.280 |
| Duplicate certificate of title | RCW 46.12.181 (as recodified by this act) | Section 508 of this act | RCW 46.68.280 |
| Stolen vehicle check | RCW 46.12.047 (as recodified by this act) | Section 513 of this act | RCW 46.68.070 |
| Vehicle identification number assignment | Section 303 of this act | Section 515 of this act | RCW 46.68.070 |
Sec. 803 RCW 46.68.030 and 2002 c 352 s 22 are each amended to
read as follows:
((Except for proceeds from fees for vehicle licensing for vehicles
paying such fees under RCW 46.16.070 and 46.16.085, and as otherwise
provided for in chapter 46.16 RCW, all fees received by the director
for vehicle licenses under the provisions of chapter 46.16 RCW shall be
forwarded to the state treasurer, accompanied by a proper identifying
detailed report, and be deposited to the credit of the motor vehicle
fund, except that the proceeds from the vehicle license fee and renewal
license fee shall be deposited by the state treasurer as hereinafter
provided. After July 1, 2002,)) (1) The director shall forward all
fees for vehicle registrations under chapters 46.16 and 46.17 RCW,
unless otherwise specified by law, to the state treasurer with a proper
identifying detailed report. The state treasurer shall credit these
moneys to the motor vehicle fund created in RCW 46.68.070.
(2) Proceeds from vehicle license fees and renewal vehicle license
fees must be deposited by the state treasurer as follows:
(a) $20.35 of each ((original)) initial or renewal vehicle license
fee must be deposited in the state patrol highway account in the motor
vehicle fund, hereby created. Vehicle license fees, renewal vehicle
license fees, and all other funds in the state patrol highway account
((shall)) must be for the sole use of the Washington state patrol for
highway activities of the Washington state patrol, subject to proper
appropriations and reappropriations ((therefor)).
(b) $2.02 of each ((original)) initial vehicle license fee and
$0.93 of each renewal vehicle license fee ((shall)) must be deposited
each biennium in the Puget Sound ferry operations account.
(c) Any remaining amounts of vehicle license fees and renewal
vehicle license fees that are not distributed otherwise under this
section must be deposited in the motor vehicle fund.
Sec. 804 RCW 46.68.035 and 2006 c 337 s 1 are each amended to
read as follows:
The director shall forward all proceeds from ((combined)) vehicle
((licensing)) license fees received by the director for vehicles
((licensed)) registered under ((RCW 46.16.070 and 46.16.085 shall be
forwarded)) sections 530, 531(1) (c) and (k), and 535(1)(c) of this act
to the state treasurer to be distributed into accounts according to the
following method:
(1) ((The sum of two dollars for each vehicle shall be deposited
into the multimodal transportation account, except that for each
vehicle registered by a county auditor or agent to a county auditor
pursuant to RCW 46.01.140, the sum of two dollars shall be credited to
the current county expense fund.)) 22.36 percent ((
(2) The remainder and the proceeds from the license fee under RCW
46.16.086 and the farm vehicle trip permit under RCW 46.16.162 shall be
distributed as follows:
(a)shall)) must be deposited into the state
patrol highway account of the motor vehicle fund;
(((b))) (2) 1.375 percent ((shall)) must be deposited into the
Puget Sound ferry operations account of the motor vehicle fund;
(((c))) (3) 5.237 percent ((shall)) must be deposited into the
transportation 2003 account (nickel account);
(((d))) (4) 11.533 percent ((shall)) must be deposited into the
transportation partnership account created in RCW 46.68.290; and
(((e))) (5) The remaining proceeds ((shall)) must be deposited into
the motor vehicle fund.
NEW SECTION. Sec. 805 A new section is added to chapter 46.68
RCW to read as follows:
At least quarterly, the department shall transmit donations made to
the organ and tissue donation awareness account under RCW 46.16.076(2)
(as recodified by this act) to the foundation established for organ and
tissue donation awareness purposes by the Washington state organ
procurement organizations. All Washington state organ procurement
organizations have proportional access to these funds to conduct public
education in their service areas.
NEW SECTION. Sec. 806 A new section is added to chapter 46.68
RCW to read as follows:
All receipts from the voluntary donation received under RCW
46.16.076(3) (as recodified by this act) must be deposited in the state
parks renewal and stewardship account established in RCW 79A.05.215 to
be used for the operation and maintenance of state parks.
Sec. 807 RCW 46.68.220 and 2009 c 470 s 712 are each amended to
read as follows:
The department of licensing services account is created in the
motor vehicle fund. All receipts from service fees received under
((RCW 46.01.140(4)(b) shall)) section 503 of this act must be deposited
into the account. Moneys in the account may be spent only after
appropriation. Expenditures from the account may be used only for:
(1) Information and service delivery systems for the department((,
and for));
(2) Reimbursement of county licensing activities; and
(3) County auditor or other agent and subagent support including,
but not limited to, the replacement of department-owned equipment in
the possession of county auditors or other agents and subagents
appointed by the director. During the 2007-2009 and 2009-2011 fiscal
biennia, the legislature may transfer from the department of licensing
services account such amounts as reflect the excess fund balance of the
account.
NEW SECTION. Sec. 808 A new section is added to chapter 46.68
RCW to read as follows:
(1) The special license plate applicant trust account is created in
the custody of the state treasurer. All receipts from special license
plate applicants must be deposited into the account. Only the director
or the director's designee may authorize disbursements from the
account. The account is not subject to the allotment procedures under
chapter 43.88 RCW, and an appropriation is not required for
disbursements.
(2)(a) Revenues generated from the sale of special license plates
for those sponsoring organizations that used the application process in
section 606 of this act must be deposited into the motor vehicle fund
until the department determines that the state's implementation costs
have been fully reimbursed.
(b) When it is determined that the state has been fully reimbursed,
the department must notify the house of representatives and senate
transportation committees, the sponsoring organization, and the state
treasurer, and commence the distribution of the revenue as otherwise
provided by law.
(3) If reimbursement does not occur within two years from the date
the plate is first offered for sale to the public, the special license
plate series must be placed in probationary status for a period of one
year from that date. If the state is still not fully reimbursed for
its implementation costs after the one-year probation, the plate series
must be discontinued immediately. Special license plates issued before
discontinuation are valid until replaced under section 422(10) of this
act.
NEW SECTION. Sec. 809 A new section is added to chapter 46.68
RCW to read as follows:
(1) The department shall:
(a) Collect special license plate fees established under section
521 of this act that were approved by the special license plate review
board under section 611 of this act;
(b) Deduct an amount not to exceed twelve dollars for initial issue
and two dollars for renewal issue for administration and collection
expenses incurred by it; and
(c) Remit the remaining proceeds to the custody of the state
treasurer with a proper identifying detailed report.
(2) The state treasurer shall credit the proceeds to the motor
vehicle account until the department determines that the state has been
reimbursed for the cost of implementing the special license plate.
Upon determination by the department that the state has been
reimbursed, the state treasurer shall credit the remaining special
license plate fee amounts for each special license plate to the
following appropriate account:
| ACCOUNT | CONDITIONS FOR USE OF FUNDS |
| Gonzaga university alumni association | Scholarship funds to needy and qualified students attending or planning to attend Gonzaga university |
| Helping kids speak | Provide free diagnostic and therapeutic services to families of children who suffer from a delay in language or speech development |
| Law enforcement memorial | Provide support and assistance to survivors and families of law enforcement officers in Washington killed in the line of duty and to organize, finance, fund, construct, utilize, and maintain a memorial on the state capitol grounds to honor those fallen officers |
| Lighthouse environmental programs | Support selected Washington state lighthouses that are accessible to the public and staffed by volunteers; provide environmental education programs; provide grants for other Washington lighthouses to assist in funding infrastructure preservation and restoration; encourage and support interpretive programs by lighthouse docents |
| Share the road | Promote bicycle safety and awareness education in communities throughout Washington |
| Ski & ride Washington | Promote winter snowsports, such as skiing and snowboarding, and related programs, such as ski and ride safety programs, underprivileged youth ski and ride programs, and active, healthy lifestyle programs |
| Washington state council of firefighters benevolent fund | Receive and disseminate funds for charitable purposes on behalf of members of the Washington state council of firefighters, their families, and others deemed in need |
| Washington's national park fund | Build awareness of Washington's national parks and support priority park programs and projects in Washington's national parks, such as enhancing visitor experience, promoting volunteerism, engaging communities, and providing educational opportunities related to Washington's national parks |
| We love our pets | Support and enable the Washington federation of animal welfare and control agencies to promote and perform spay/neuter surgery of Washington state pets in order to reduce pet population |
NEW SECTION. Sec. 810 A new section is added to chapter 46.68
RCW to read as follows:
(1) The department shall:
(a) Collect special license plate fees established under section
521 of this act that were approved by the special license plate review
board under section 611 of this act;
(b) Deduct an amount not to exceed twelve dollars for initial issue
and two dollars for renewal issue for administration and collection
expenses incurred by it; and
(c) Remit the remaining proceeds to the custody of the state
treasurer with a proper identifying detailed report.
(2) The state treasurer shall credit the proceeds to the motor
vehicle fund until the department determines that the state has been
reimbursed for the cost of implementing the special license plate.
Upon determination by the department that the state has been
reimbursed, the state treasurer shall credit the remaining special
license plate fees to the following accounts by special license plate
type:
| SPECIAL LICENSE PLATE TYPE | ACCOUNT | CONDITIONS FOR USE OF FUNDS |
| Armed forces | RCW 43.60A.140 | N/A |
| Endangered wildlife | RCW 77.12.170 | Must be used only for the department of fish and wildlife's endangered wildlife program activities |
| Keep kids safe | RCW 43.121.100 | As specified in RCW 43.121.050 |
| Washington state parks | RCW 79A.05.059 | Provide public educational opportunities and enhancement of Washington state parks |
| Washington's wildlife collection | RCW 77.12.170 | Only for the department of fish and wildlife's game species management activities |
| Wild on Washington | RCW 77.12.170 | Dedicated to the department of fish and wildlife's watchable wildlife activities, as defined in RCW 77.32.560 |
NEW SECTION. Sec. 811 A new section is added to chapter 46.68
RCW to read as follows:
(1) The department shall:
(a) Collect special license plates fees established under section
521(1) (c) and (e) of this act;
(b) Deduct an amount not to exceed twelve dollars for initial issue
and two dollars for renewal issue for administration and collection
expenses incurred by it; and
(c) Remit the remaining proceeds to the custody of the state
treasurer with a proper identifying detailed report.
(2) The state treasurer shall credit the remaining special license
plate fees to the following accounts by special license plate type:
| SPECIAL LICENSE PLATE TYPE | ACCOUNT | PURPOSE |
| Baseball stadium | A county | To pay 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 the principal and interest payments on bonds have been made, the state treasurer shall credit the funds to the state general fund |
| Collegiate | RCW 28B.10.890 | Student scholarships |
NEW SECTION. Sec. 812 A new section is added to chapter 46.68
RCW to read as follows:
The vehicle identification number inspection fee collected under
section 514 of this act must be distributed as follows:
(1) Fifteen dollars to the state patrol highway account created in
RCW 46.68.030; and
(2) Fifty dollars to the motor vehicle fund created in RCW
46.68.070.
NEW SECTION. Sec. 813 A new section is added to chapter 46.68
RCW to read as follows:
(1) The motor vehicle weight fee imposed under section 533(1) of
this act must be deposited every July 1st as follows:
(a) Three million dollars to the freight mobility multimodal
account created in RCW 46.68.310; and
(b) The remainder to the multimodal transportation account created
in RCW 47.66.070.
(2) The motor vehicle weight fee:
(a) Must be used for transportation purposes;
(b) May not be used for the general support of state government;
and
(c) Is imposed to provide funds to mitigate the impact of vehicle
loads on the state roads and highways and is separate and distinct from
other vehicle license fees. Proceeds from the fee may be used for
transportation purposes, or for facilities and activities that reduce
the number of vehicles or load weights on the state roads and highways.
(3) The motor home vehicle weight fee imposed under section 533(2)
of this act must be deposited in the multimodal transportation account
created in RCW 47.66.070.
NEW SECTION. Sec. 814 A new section is added to chapter 46.68
RCW to read as follows:
The department temporary permit fee imposed under section 535(1)(b)
of this act must be distributed as follows:
(1) If collected by the department, the fee must be distributed
under RCW 46.68.030; and
(2) If collected by the county auditor or other agent or subagent,
the fee must be distributed to the county current expense fund.
NEW SECTION. Sec. 815 A new section is added to chapter 46.68
RCW to read as follows:
(1) The vehicle trip permit fee imposed under section 535(1)(h) of
this act must be distributed as follows:
(a) Five dollars to the state patrol highway account for commercial
motor vehicle inspections;
(b) A one dollar excise tax to the state general fund;
(c) The amount of the filing fee imposed under section 501(1)(a) of
this act to be credited as required under section 819 of this act; and
(d) The remainder to the credit of the motor vehicle fund created
in RCW 46.68.070 as an administrative fee.
(2) The administrative fee under subsection (1)(d) of this section
must be increased or decreased in an equal amount if the amount of the
filing fee imposed under section 501(1)(a) of this act increases or
decreases, so that the total trip permit fee is adjusted equally to
compensate.
(3) The vehicle trip permit surcharge imposed under section 535(4)
of this act must be distributed as follows:
(a) The portion of the surcharge paid by motor carriers to the
motor vehicle fund created in RCW 46.68.070 for the purpose of
supporting vehicle weigh stations, weigh-in-motion programs, and the
commercial vehicle information systems and networks program; and
(b) The remainder to the motor vehicle fund created in RCW
46.68.070 for the purpose of supporting congestion relief programs.
NEW SECTION. Sec. 816 A new section is added to chapter 46.68
RCW to read as follows:
The parking ticket surcharge imposed under section 504 of this act
must be distributed as follows:
(1) Ten dollars to the motor vehicle fund created in RCW 46.68.070
to be used exclusively for the administrative costs of the department;
and
(2) Five dollars to be retained by the department, county auditor
or other agent, or subagent appointed by the director handling the
renewal application to be used for the administration of the parking
ticket program.
NEW SECTION. Sec. 817 A new section is added to chapter 46.68
RCW to read as follows:
The special fuel trip permit fee imposed under section 535(1)(f) of
this act for special fuel trip permits issued under RCW 82.38.100 must
be distributed as follows:
(1) One dollar to be retained by the county auditor or businesses
appointed by the department to defray expenses incurred in handling and
selling special fuel trip permits;
(2) Five dollars to the state patrol highway account to be used for
commercial motor vehicle inspections;
(3) Five dollars to the motor vehicle fund to be distributed as
follows:
(a) If paid by motor carriers, to be used for supporting vehicle
weigh stations, weigh-in-motion programs, and the commercial vehicle
information systems and networks program;
(b) If paid by a person other than a motor carrier, to be used for
supporting congestion relief programs; and
(4) Nineteen dollars to the credit of the motor vehicle fund
created in RCW 46.68.070.
Sec. 818 RCW 46.16.685 and 2009 c 470 s 704 are each amended to
read as follows:
The license plate technology account is created in the state
treasury. All receipts collected under ((RCW 46.01.140(4)(e)(ii)))
section 502 of this act must be deposited into this account.
Expenditures from this account must support current and future license
plate technology and systems integration upgrades for both the
department and correctional industries. Moneys in the account may be
spent only after appropriation. Additionally, the moneys in this
account may be used to reimburse the motor vehicle account for any
appropriation made to implement the digital license plate system.
During the 2009-2011 fiscal biennium, the legislature may transfer from
the license plate technology account to the highway safety account such
amounts as reflect the excess fund balance of the license plate
technology account.
NEW SECTION. Sec. 819 A new section is added to chapter 46.68
RCW to read as follows:
A filing fee established in section 501 of this act must be
distributed as follows:
(1) If paid to the county auditor or other agent or subagent
appointed by the director, the fee must be distributed to the county
treasurer and credited to the county current expense fund.
(2) If the fee is paid to another agent of the director, the fee
must be used by the agent to defray his or her expenses in handling the
application.
(3) If the fee is collected by the state patrol as agent for the
director, the fee must be certified to the state treasurer and
deposited to the credit of the state patrol highway account.
(4) If the fee is collected by the department of transportation as
agent for the director, the fee must be certified to the state
treasurer and deposited to the credit of the motor vehicle fund created
in RCW 46.68.070.
(5) If the fee is collected by the director or branches of the
department, the fee must be certified to the state treasurer and
deposited to the credit of the highway safety fund, except that two
dollars of the fee must be deposited into the multimodal transportation
account if the fee is collected in conjunction with section 530 or
531(1) (c) or (k).
NEW SECTION. Sec. 820 A new section is added to chapter 46.68
RCW to read as follows:
The emergency medical services fee imposed under section 509 of
this act must be distributed as follows:
(1) If collected by a vehicle dealer, the vehicle dealer must keep
two dollars and fifty cents as an administrative fee and the remainder
must be deposited in the emergency medical services and trauma care
system trust account created in RCW 70.168.040; and
(2) If not collected by a vehicle dealer, the fee must be deposited
in the emergency medical services and trauma care system trust account
created in RCW 70.168.040.
NEW SECTION. Sec. 821 A new section is added to chapter 46.68
RCW to read as follows:
(1) All revenue derived from personalized license plate fees
provided for in section 520 of this act must be forwarded to the state
treasurer and deposited as follows:
(a) Ten dollars to the state wildlife account and used for the
management of resources associated with the nonconsumptive use of
wildlife;
(b) Two dollars to the wildlife rehabilitation account created
under RCW 77.12.471; and
(c) The remainder to the state wildlife account to be used for the
preservation, protection, perpetuation, and enhancement of nongame
species of wildlife including, but not limited to, song birds, raptors,
protected wildlife, rare and endangered wildlife, aquatic life, and
specialized-habitat types, both terrestrial and aquatic, as well as all
unclassified marine fish, shellfish, and marine invertebrates.
(2) Administrative costs incurred by the department as a direct
result of administering the personalized license plate program must be
appropriated by the legislature from the state wildlife account from
those funds deposited in the account resulting from the sale of
personalized license plates. If the actual costs incurred by the
department are less than that which has been appropriated by the
legislature, the remainder must revert to the state wildlife account.
Sec. 822 RCW 46.09.110 and 2007 c 241 s 14 are each amended to
read as follows:
The moneys collected by the department for ORV registrations,
temporary ORV use permits, decals, and tabs under this chapter
((shall)) and chapter 46.17 RCW must be distributed from time to time,
but at least once a year, in the following manner:
(1) The department shall retain enough money to cover expenses
incurred in the administration of this chapter((: PROVIDED, That such
retention shall)). The amount kept by the department must never exceed
eighteen percent of fees collected.
(2) The remaining moneys ((shall)) must be distributed for ((ORV))
off-road vehicle recreation facilities by the board in accordance with
RCW 46.09.170(2)(d)(ii)(A) (as recodified by this act).
Sec. 823 RCW 46.10.075 and 1991 sp.s. c 13 s 9 are each amended
to read as follows:
((There is created a)) (1) The snowmobile account is created within
the state treasury. Snowmobile registration fees, monetary civil
penalties from snowmobile dealers, and snowmobile fuel tax moneys
collected under this chapter and chapter 46.17 RCW and in excess of the
amounts fixed for the administration of the registration and fuel tax
provisions of this chapter ((shall)) must be deposited ((in)) into the
((snowmobile)) account and ((shall)) must be appropriated only to the
state parks and recreation commission for the administration and
coordination of this chapter.
(2) The moneys collected by the department as snowmobile
registration fees, monetary civil penalties from snowmobile dealers,
and fuel tax moneys placed into the account must be distributed in the
following manner:
(a) Actual expenses not to exceed three percent for each year must
be retained by the department to cover expenses incurred in the
administration of the registration and fuel tax provisions of this
chapter; and
(b) The remainder of funds each year must be remitted to the state
treasurer to be deposited into the snowmobile account of the general
fund and must be appropriated only to the commission to be expended for
snowmobile purposes. Purposes may include, but not necessarily be
limited to, the administration, acquisition, development, operation,
and maintenance of snowmobile facilities and development and
implementation of snowmobile safety, enforcement, and education
programs.
(3) This section is not intended to discourage any public agency in
this state from developing and implementing snowmobile programs. The
commission may award grants to public agencies and contract with any
public or private agency or person for the purpose of developing and
implementing snowmobile programs, as long as the programs are not
inconsistent with the rules adopted by the commission.
Sec. 901 RCW 35.95A.090 and 2002 c 248 s 10 are each amended to
read as follows:
(1) Every authority has the power to fix and impose a fee, not to
exceed one hundred dollars per vehicle, for each vehicle that is
subject to relicensing tab fees under ((RCW 46.16.0621)) section 531(1)
(a), (c), (d), (e), (g), (h), (j), or (n) through (q) of this act and
for each vehicle that is subject to ((RCW 46.16.070)) section 530 of
this act with ((an unladen)) a scale weight of six thousand pounds or
less, and that is determined by the department of licensing to be
registered within the boundaries of the authority area. The department
of licensing must provide an exemption from the fee for any vehicle the
owner of which demonstrates is not operated within the authority area.
(2) The department of licensing will administer and collect the
fee. The department will deduct a percentage amount, as provided by
contract, not to exceed two percent of the taxes collected, for
administration and collection expenses incurred by it. The remaining
proceeds will be remitted to the custody of the state treasurer for
monthly distribution to the authority.
(3) The authority imposing this fee will delay the effective date
at least six months from the date the fee is approved by the qualified
voters of the authority area to allow the department of licensing to
implement administration and collection of the fee.
(4) Before any authority may impose any of the fees authorized
under this section, the authorization for imposition of the fees must
be approved by a majority of the qualified electors of the authority
area voting.
Sec. 902 RCW 35.95A.130 and 2002 c 248 s 14 are each amended to
read as follows:
The special excise tax imposed under RCW 35.95A.080(1) will be
collected at the same time and in the same manner as relicensing tab
fees under ((RCW 46.16.0621)) section 531(1) (a), (c), (d), (e), (g),
(h), (j), and (n) through (q) of this act and RCW 35.95A.090. Every
year on January 1st, April 1st, July 1st, and October 1st the
department of licensing shall remit special excise taxes collected on
behalf of an authority, back to the authority, at no cost to the
authority. Valuation of motor vehicles for purposes of the special
excise tax imposed under RCW 35.95A.080(1) must be consistent with
chapter 82.44 RCW.
Sec. 903 RCW 81.104.160 and 2009 c 280 s 4 are each amended to
read as follows:
An agency and high capacity transportation corridor area may 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 applicable 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 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.
Any motor vehicle excise tax previously imposed under the
provisions of RCW 81.104.160(1) shall be repealed, terminated, and
expire on December 5, 2002, except for a motor vehicle excise tax for
which revenues have been contractually pledged to repay a bonded debt
issued before December 5, 2002, as determined by Pierce County et al.
v. State, 159 Wn.2d 16, 148 P.3d 1002 (2006). In the case of bonds
that were previously issued, the motor vehicle excise tax must comply
with chapter 82.44 RCW as it existed on January 1, 1996.
Sec. 904 RCW 82.12.045 and 2003 c 361 s 303 are each amended to
read as follows:
(1) In the collection of the use tax on ((motor)) vehicles, the
department of revenue may designate the county auditors of the several
counties of the state as its collecting agents. Upon such designation,
it shall be the duty of each county auditor to collect the tax at the
time an applicant applies for ((the registration of, and)) transfer of
certificate of title to((,)) the ((motor)) vehicle, except ((in the
following instances)) when the applicant:
(a) ((Where the applicant)) Exhibits a dealer's report of sale
showing that the retail sales tax has been collected by the dealer;
(b) ((Where the application is for the renewal of registration;)) Presents a written statement signed by
the department of revenue, or its duly authorized agent showing that no
use tax is legally due; or
(c) Where the applicant
(((d) Where the applicant)) (c) Presents satisfactory evidence
showing that the retail sales tax or the use tax has been paid by the
applicant on the vehicle in question.
(2) ((The term "motor vehicle," as used in this section means and
includes all motor vehicles, trailers and semitrailers used, or of a
type designed primarily to be used, upon the public streets and
highways, for the convenience or pleasure of the owner, or for the
conveyance, for hire or otherwise, of persons or property, including
fixed loads, facilities for human habitation, and vehicles carrying
exempt licenses)) As used in this section, "vehicle" has the same
meaning as in RCW 46.04.670.
(3) It shall be the duty of every applicant for registration and
transfer of certificate of title who is subject to payment of tax under
this section to declare upon the application the value of the vehicle
for which application is made, which shall consist of the consideration
paid or contracted to be paid therefor.
(4) Each county auditor who acts as agent of the department of
revenue shall at the time of remitting vehicle license fee receipts on
((motor)) vehicles subject to the provisions of this section pay over
and account to the state treasurer for all use tax revenue collected
under this section, after first deducting as a collection fee the sum
of two dollars for each motor vehicle upon which the tax has been
collected. All revenue received by the state treasurer under this
section shall be credited to the general fund. The auditor's
collection fee shall be deposited in the county current expense fund.
A duplicate of the county auditor's transmittal report to the state
treasurer shall be forwarded forthwith to the department of revenue.
(5) Any applicant who has paid use tax to a county auditor under
this section may apply to the department of revenue for refund thereof
if he or she has reason to believe that such tax was not legally due
and owing. No refund shall be allowed unless application therefor is
received by the department of revenue within the statutory period for
assessment of taxes, penalties, or interest prescribed by RCW
82.32.050(((3))) (4). Upon receipt of an application for refund the
department of revenue shall consider the same and issue its order
either granting or denying it and if refund is denied the taxpayer
shall have the right of appeal as provided in RCW 82.32.170, 82.32.180,
and 82.32.190.
(6) The provisions of this section shall be construed as cumulative
of other methods prescribed in chapters 82.04 ((to)) through 82.32 RCW,
inclusive, for the collection of the tax imposed by this chapter. The
department of revenue shall have power to promulgate such rules as may
be necessary to administer the provisions of this section. Any duties
required by this section to be performed by the county auditor may be
performed by the director of licensing but no collection fee shall be
deductible by said director in remitting use tax revenue to the state
treasurer.
(7) The use tax revenue collected on the rate provided in RCW
82.08.020(3) shall be deposited in the multimodal transportation
account under RCW 47.66.070.
Sec. 905 RCW 82.12.0254 and 2009 c 503 s 2 are each amended to
read as follows:
(1) The provisions of this chapter do not apply in respect to the
use of:
(a) Any airplane used primarily in (i) conducting interstate or
foreign commerce or (ii) providing intrastate air transportation by a
commuter air carrier as defined in RCW 82.08.0262;
(b) Any locomotive, railroad car, or watercraft used primarily in
conducting interstate or foreign commerce by transporting therein or
therewith property and persons for hire or used primarily in commercial
deep sea fishing operations outside the territorial waters of the
state;
(c) Tangible personal property that becomes a component part of any
such airplane, locomotive, railroad car, or watercraft in the course of
repairing, cleaning, altering, or improving the same; and
(d) Labor and services rendered in respect to such repairing,
cleaning, altering, or improving.
(2) The provisions of this chapter do not apply in respect to the
use by a nonresident of this state of any ((motor)) vehicle ((or
trailer)) used exclusively in transporting persons or property across
the boundaries of this state and in intrastate operations incidental
thereto when such ((motor)) vehicle ((or trailer)) is registered ((and
licensed)) in a foreign state and in respect to the use by a
nonresident of this state of any ((motor)) vehicle ((or trailer)) so
registered ((and licensed)) and used within this state for a period not
exceeding fifteen consecutive days under such rules as the department
must adopt. However, under circumstances determined to be justifiable
by the department a second fifteen day period may be authorized
consecutive with the first fifteen day period; and for the purposes of
this exemption the term "nonresident" as used herein includes a user
who has one or more places of business in this state as well as in one
or more other states, but the exemption for nonresidents applies only
to those vehicles which are most frequently dispatched, garaged,
serviced, maintained, and operated from the user's place of business in
another state.
(3) The provisions of this chapter do not apply in respect to the
use by the holder of a carrier permit issued by the interstate commerce
commission or its successor agency of any ((motor)) vehicle ((or
trailer)) whether owned by or leased with or without driver to the
permit holder and used in substantial part in the normal and ordinary
course of the user's business for transporting therein persons or
property for hire across the boundaries of this state; and in respect
to the use of any ((motor)) vehicle ((or trailer)) while being operated
under the authority of a ((one-transit)) trip permit issued by the
director of licensing pursuant to RCW 46.16.160 (as recodified by this
act) and moving upon the highways from the point of delivery in this
state to a point outside this state; and in respect to the use of
tangible personal property which becomes a component part of any
((motor)) vehicle ((or trailer)) used by the holder of a carrier permit
issued by the interstate commerce commission or its successor agency
authorizing transportation by motor vehicle across the boundaries of
this state whether such ((motor)) vehicle ((or trailer)) is owned by or
leased with or without driver to the permit holder, in the course of
repairing, cleaning, altering, or improving the same; also the use of
labor and services rendered in respect to such repairing, cleaning,
altering, or improving.
Sec. 906 RCW 82.36.280 and 1998 c 176 s 36 are each amended to
read as follows:
Any person who uses any motor vehicle fuel for the purpose of
operating any internal combustion engine not used on or in conjunction
with any motor vehicle ((licensed)) registered to be operated ((over
and along)) on any of the public highways, and as the motive power
thereof, upon which motor vehicle fuel excise tax has been paid, shall
be entitled to and shall receive a refund of the amount of the motor
vehicle fuel excise tax paid on each gallon of motor vehicle fuel so
used, whether such motor vehicle excise tax has been paid either
directly to the vendor from whom the motor vehicle fuel was purchased
or indirectly by adding the amount of such excise tax to the price of
such fuel. No refund shall be made for motor vehicle fuel consumed by
any motor vehicle as herein defined that is required to be registered
((and licensed)) as provided in chapter 46.16 RCW; and is operated
((over and along)) on any public highway except that a refund shall be
allowed for motor vehicle fuel consumed:
(1) In a motor vehicle owned by the United States that is operated
off the public highways for official use; and
(2) By auxiliary equipment not used for motive power, provided such
consumption is accurately measured by a metering device that has been
specifically approved by the department or is established by either of
the following formulae:
(a) For fuel used in pumping fuel or heating oils by a power take-off unit on a delivery truck, refund shall be allowed claimant for tax
paid on fuel purchased at the rate of three-fourths of one gallon for
each one thousand gallons of fuel delivered: PROVIDED, That claimant
when presenting his or her claim to the department in accordance with
the provisions of this chapter, shall provide to said claim, invoices
of fuel oil delivered, or such other appropriate information as may be
required by the department to substantiate his or her claim; or
(b) For fuel used in operating a power take-off unit on a cement
mixer truck or load compactor on a garbage truck, claimant shall be
allowed a refund of twenty-five percent of the tax paid on all fuel
used in such a truck; and
(c) The department is authorized to establish by rule additional
formulae for determining fuel usage when operating other types of
equipment by means of power take-off units when direct measurement of
the fuel used is not feasible. The department is also authorized to
adopt rules regarding the usage of on board computers for the
production of records required by this chapter.
Sec. 907 RCW 82.38.100 and 2007 c 515 s 25 and 2007 c 419 s 17
are each reenacted and amended to read as follows:
(1) Any special fuel user operating a motor vehicle ((into)) in
this state for commercial purposes may ((make application)) apply for
a special fuel trip permit ((that shall be)). The permit:
(a) Is good for a period of three consecutive days beginning and
ending on the dates ((specified)) shown on the face of the permit
issued((, and));
(b) Is valid only for the vehicle for which it is issued((.));
(2) Every permit shall
(c) Must identify, as the department may require, the vehicle for
which it is issued; and ((shall))
(d) Must be completed in its entirety, signed, and dated by the
operator before operation of the vehicle on the public highways of this
state.
(2) Correction of data on the permit such as dates, vehicle license
number, or vehicle identification number invalidates the permit. A
violation of, or a failure to comply with, this subsection is a gross
misdemeanor.
(3) ((For each permit issued, there shall be collected a filing fee
of one dollar, an administrative fee of fifteen dollars, and an excise
tax of nine dollars. Such fees and tax shall be in lieu of the special
fuel tax otherwise assessable against the permit holder for importing
and using special fuel in a motor vehicle on the public highways of
this state, and no report of mileage shall be required with respect to
such vehicle. Trip permits will not be issued if the applicant has
outstanding fuel taxes, penalties, or interest owing to the state or
has had a special fuel license revoked for cause and the cause has not
been removed. Five dollars from every fifteen-dollar administration
fee shall be deposited into the state patrol highway account and must
be used for commercial motor vehicle inspections.)) Blank special fuel trip permits may be obtained from field
offices of the department of transportation, department of licensing,
county auditors or other agents, or subagents appointed by the
department for the fee provided in section 535 (1)(f) and (4) of this
act. ((
(4)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.)) The fee is in lieu of the special fuel tax
otherwise assessable against the permit holder for importing and using
special fuel in a motor vehicle on the public highways of this state.
A report of mileage may not be required with respect to the motor
vehicle. Special fuel trip permits may not be issued if the applicant
has outstanding fuel taxes, penalties, or interest owing to the state
or has had a special fuel license revoked for cause and the cause has
not been removed.
(5) 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
fees and excise taxes collected by the department for trip permits
shall be credited and deposited in the same manner as the special fuel
tax collected under this chapter and shall not be subject to exchange,
refund, or credit.
(4) Special fuel trip permits are not subject to exchange, refund,
or credit.
NEW SECTION. Sec. 908 A new section is added to chapter 82.44
RCW to read as follows:
(1) The motor vehicle excise tax authorized under this chapter
applies to the following vehicles:
(a) Commercial trailers, as defined in section 110 of this act;
(b) Farm trucks registered under RCW 46.16.090 (as recodified by
this act);
(c) Fixed load vehicles, as defined in section 116 of this act;
(d) Motor homes, as defined in RCW 46.04.305;
(e) Motor trucks, as defined in RCW 46.04.310, with a scale weight
greater than six thousand pounds;
(f) Motor vehicles, as defined in RCW 46.04.320; and
(g) Trailers, as defined in RCW 46.04.620.
(2) The motor vehicle excise tax authorized under this chapter does
not apply to the following vehicles:
(a) Campers, as defined in RCW 46.04.085;
(b) Dock and warehouse tractors and their cars or trailers;
(c) Equipment not designed primarily for use on public highways;
(d) Exempt registered vehicles;
(e) Lumber carriers of the type known as spiders;
(f) Mobile homes, as defined in RCW 46.04.302;
(g) Passenger motor vehicles, as described in RCW 82.44.015;
(h) Travel trailers, as defined in RCW 46.04.623;
(i) Vehicles not used on the public highways; and
(j) Vehicles owned by nonresident military personnel of the armed
forces of the United States stationed in the state of Washington if the
nonresident military member was a nonresident of this state when
enlisted into military service.
Sec. 909 RCW 82.44.015 and 1996 c 244 s 7 are each amended to
read as follows:
((For the purposes of this chapter, in addition to the exclusions
under RCW 82.44.010, "motor vehicle" shall not include))
(1) Passenger motor vehicles used primarily for commuter ride
sharing and ride sharing for persons with special transportation needs,
as defined in RCW 46.74.010((. The registered owner of one of these
vehicles shall notify the department of licensing upon termination of
primary use of the vehicle in commuter ride sharing or ride sharing for
persons with special transportation needs and shall be liable for the
tax imposed by this chapter, prorated on the remaining months for which
the vehicle is licensed)), are not subject to the motor vehicle excise
tax authorized under this chapter.
(2) To qualify for the motor vehicle excise tax exemption,
((those)) passenger motor vehicles ((with)) must:
(a) Have a seating capacity of five or six passengers, including
the driver((,));
(b) Be used for commuter ride-sharing((, must));
(c) Be operated either within:
(i) The state's eight largest counties that are required to develop
commute trip reduction plans as directed by chapter 70.94 RCW; or
(ii) In other counties, or cities and towns within those counties,
that elect to adopt and implement a commute trip reduction plan((.
Additionally)); and
(d) Meet at least one of the following conditions ((must apply)):
(((1))) (i) The vehicle must be operated by a public transportation
agency for the general public; ((or (2)))
(ii) The vehicle must be used by a major employer, as defined in
RCW 70.94.524 as an element of its commute trip reduction program for
their employees; or (((3)))
(iii) The vehicle must be owned and operated by individual
employees and must be registered either with the employer as part of
its commute trip reduction program or with a public transportation
agency serving the area where the employees live or work. Individual
employee owned and operated motor vehicles will require certification
that the vehicle is registered with a major employer or a public
transportation agency. Major employers who own and operate motor
vehicles for their employees must certify that the commuter ride-sharing arrangement conforms to a carpool/vanpool element contained
within their commute trip reduction program.
(3) The registered owner of a passenger motor vehicle described in
subsection (2) of this section:
(a) Shall notify the department upon the termination of the primary
use of the vehicle in commuter ride sharing or ride sharing for persons
with special transportation needs; and
(b) Is liable for the motor vehicle excise tax imposed under this
chapter, prorated on the remaining months for which the vehicle is
registered.
Sec. 910 RCW 82.44.035 and 2006 c 318 s 1 are each amended to
read as follows:
(1) For the purpose of determining any locally imposed motor
vehicle excise tax, the value of a truck((-type power or trailing
unit)) or trailer shall be the latest purchase price of the vehicle,
excluding applicable federal excise taxes, state and local sales or use
taxes, transportation or shipping costs, or preparatory or delivery
costs, multiplied by the following percentage based on year of service
of the vehicle since last sale. The latest purchase year shall be
considered the first year of service.
| YEAR OF SERVICE | PERCENTAGE |
| 1 | 100 |
| 2 | 81 |
| 3 | 67 |
| 4 | 55 |
| 5 | 45 |
| 6 | 37 |
| 7 | 30 |
| 8 | 25 |
| 9 | 20 |
| 10 | 16 |
| 11 | 13 |
| 12 | 11 |
| 13 | 9 |
| 14 | 7 |
| 15 | 3 |
| 16 or older | 0 |
| YEAR OF SERVICE | PERCENTAGE |
| 1 | 100 |
| 2 | 81 |
| 3 | 72 |
| 4 | 63 |
| 5 | 55 |
| 6 | 47 |
| 7 | 41 |
| 8 | 36 |
| 9 | 32 |
| 10 | 27 |
| 11 | 26 |
| 12 | 24 |
| 13 | 23 |
| 14 | 21 |
| 15 | 16 |
| 16 or older | 10 |
Sec. 911 RCW 82.44.060 and 2006 c 318 s 3 are each amended to
read as follows:
(1) Any locally imposed excise tax ((shall be)):
(a) Is due ((and payable to the department or its agents)) at the
time of registration of a ((motor)) vehicle((. Whenever an application
is made to the department or its agents for a license for a motor
vehicle there shall be collected,));
(b) Must be paid in full before any registration certificate or
license tab may be issued;
(c) Is in addition to ((the amount of the license fee or renewal
license fee, the amount of any locally imposed excise tax, and no
dealer's license or license plates, and no license or license plates
for a motor vehicle shall be issued unless such tax is paid in full.
Locally imposed excise taxes shall)) any other vehicle license fees
required by law;
(d) Must be collected by the department, county auditor or other
agent, or subagent appointed by the director of licensing before
issuing the registration certificate;
(e) Must be collected for each registration year((. Any locally
imposed excise tax upon a motor vehicle licensed for the first time in
this state shall)); and
(f) Must be levied for one full registration year ((commencing))
beginning on the date of the calendar year designated by the department
and ending on the same date of the next succeeding calendar year. For
vehicles registered under chapter 46.87 RCW, proportional registration,
and for vehicle dealer plates issued under chapter 46.70 RCW, the
registration year is the period provided in those chapters. However,
the tax shall in no case be less than two dollars except for
proportionally registered vehicles.
(2) A ((motor)) vehicle ((shall be)) is deemed ((licensed))
registered for the first time in this state when ((such)) the vehicle
was not previously ((licensed)) registered by this state for the
registration year immediately preceding the registration year in which
the application for ((license)) registration is made or when the
vehicle has been registered in another jurisdiction subsequent to any
prior registration in this state.
((No)) (3) An additional tax ((shall)) may not be imposed under
this chapter ((upon)) on any vehicle ((upon the transfer of ownership
thereof)) when the certificate of title is being transferred if the tax
((imposed with respect to such vehicle)) has already been paid for the
registration year or fraction of a registration year in which transfer
of ownership occurs.
Sec. 912 RCW 82.44.065 and 2006 c 318 s 5 are each amended to
read as follows:
If the department determines a value for a ((motor)) vehicle
equivalent to a manufacturer's base suggested retail price or the value
of a truck((-type power or trailing unit)) or trailer under RCW
82.44.035, any person who pays a locally imposed tax for that vehicle
may appeal the valuation to the department under chapter 34.05 RCW. If
the taxpayer is successful on appeal, the department shall refund the
excess tax in the manner provided in RCW 82.44.120.
Sec. 913 RCW 82.44.090 and 2006 c 318 s 6 are each amended to
read as follows:
It ((shall be)) is unlawful for the county auditor or any other
person to issue a dealer's license or dealer's license plates or a
((license)) registration or identification plates with respect to any
motor vehicle without collecting, with the required vehicle license
fee, the amount of any locally imposed motor vehicle excise tax due.
Any violation of this section shall constitute a gross misdemeanor.
Sec. 914 RCW 82.44.100 and 2006 c 318 s 7 are each amended to
read as follows:
The department, county auditor or other agent, or subagent
appointed by the director of licensing shall give to each person paying
a locally imposed motor vehicle excise tax a receipt ((therefor which
shall sufficiently designate and identify)) identifying the vehicle
((with respect to)) for which the tax is paid. The receipt may be
incorporated in the receipt given for the ((motor)) vehicle license fee
or dealer's license fee paid.
Sec. 915 RCW 82.44.120 and 2006 c 318 s 8 are each amended to
read as follows:
(((1) Whenever any person has paid a motor vehicle license fee, and
together therewith has paid a locally imposed excise tax, and the
director determines that the payor is entitled to a refund of the
entire amount of the license fee as provided by law, then the payor
shall also be entitled to a refund of the entire excise tax collected
under the provisions of this chapter. In case the director determines
that any person is entitled to a refund of only a part of the license
fee so paid, the payor shall be entitled to a refund of the difference,
if any, between the excise tax collected and that which should have
been collected.)) (1) Refunds of locally imposed motor vehicle excise taxes
must be handled in the same manner and under the same terms and
conditions as provided in RCW 46.68.010.
(2) In case no claim is to be made for the refund of the license
fee or any part thereof, but claim is made by any person that he or she
has paid an erroneously excessive amount of excise tax, the department
shall determine in the manner generally provided in this chapter the
amount of such excess, if any, that has been paid and shall certify to
the state treasurer that such person is entitled to a refund in such
amount.
(3) In any case where due to error, a person has been required to
pay an excise tax pursuant to this chapter and a vehicle license fee
pursuant to Title 46 RCW which amounts to an overpayment of ten dollars
or more, such person shall be entitled to a refund of the entire amount
of such overpayment, regardless of whether or not a refund of the
overpayment has been requested. Conversely, if due to error, the
department or its agents has failed to collect the full amount of the
license fee and excise tax due, which underpayment is in the amount of
ten dollars or more, the department shall charge and collect such
additional amount as will constitute full payment of the tax.
(4) Any claim for refund of an erroneously excessive amount of
excise tax or overpayment of excise tax with a motor vehicle license
fee must be filed with the director within three years after the
claimed erroneous payment was made.
(5) If the department approves the claim it shall notify the state
treasurer to that effect, and the treasurer shall make such approved
refunds from the general fund and shall mail or deliver the same to the
person entitled thereto.
(6) Any person making any false statement under which he or she
obtains any amount of refund to which he or she is not entitled under
the provisions of this section is guilty of a gross misdemeanor.
(7)
(2) A claim for a refund may be made by a person who:
(a) Is not seeking a full refund; and
(b) Believes the amount of the locally imposed motor vehicle excise
tax paid was incorrect or too much.
(3) When a claim for a refund is made as provided in subsection (2)
of this section, the department shall:
(a) Determine the amount of the locally imposed motor vehicle
excise tax that had been greater than the amount actually due, if any;
and
(b) Certify to the state treasurer the amount of the partial refund
due.
(4) Before a local government subject to this chapter may impose a
motor vehicle excise tax, the local government shall contract with the
department for reimbursement for any refunds paid to a person by the
treasurer.
Sec. 916 RCW 82.80.130 and 2006 c 318 s 4 are each amended to
read as follows:
(1) Public transportation benefit areas authorized to implement
passenger-only ferry service under RCW 36.57A.200 whose boundaries (a)
are on the Puget Sound, but (b) do not include an area where a regional
transit authority has been formed, 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 four-tenths of one percent on the value of every motor vehicle owned by a
resident of the taxing district, solely for the purpose of providing
passenger-only ferry service. The tax must be collected only at the
time of vehicle ((license)) registration renewal under chapter 46.16
RCW. The tax will be imposed on vehicles previously registered in
another state or nation when they are initially registered in this
state. The tax will not be imposed at the time of sale by a licensed
vehicle dealer. In a county imposing a motor vehicle excise tax
surcharge under RCW 81.100.060, the maximum tax rate under this section
must be reduced to a rate equal to four-tenths of one percent on the
value less the equivalent motor vehicle excise tax rate of the
surcharge imposed under RCW 81.100.060. This rate does not apply to
vehicles ((licensed)) registered under RCW 46.16.070 (as recodified by
this act) with ((an unladen)) a scale weight more than six thousand
pounds, or to vehicles ((licensed)) registered under ((RCW 46.16.079,
46.16.085, or)) section 528 of this act, section 531(1)(c) of this act,
or RCW 46.16.090 (as recodified by this act).
(2) The department of licensing shall administer and collect the
tax in accordance with chapter 82.44 RCW. The department shall deduct
a percentage amount, as provided by contract, not to exceed one percent
of the taxes collected, for administration and collection expenses
incurred by it. The remaining proceeds must be remitted to the custody
of the state treasurer for monthly distribution to the public
transportation benefit area.
(3) The public transportation benefit area imposing this tax shall
delay the effective date at least six months from the date the fee is
approved by the qualified voters of the authority area to allow the
department of licensing to implement administration and collection of
the tax.
(4) Before an authority may impose a tax authorized under this
section, the authorization for imposition of the tax must be approved
by a majority of the qualified electors of the authority area voting on
that issue.
Sec. 917 RCW 82.80.140 and 2007 c 329 s 2 are each amended to
read as follows:
(1) Subject to the provisions of RCW 36.73.065, a transportation
benefit district under chapter 36.73 RCW may fix and impose an annual
vehicle fee, not to exceed one hundred dollars per vehicle registered
in the district, for each vehicle subject to vehicle license ((tab))
fees under ((RCW 46.16.0621)) section 531(1) (a), (c), (d), (e), (g),
(h), (j), or (n) through (q) of this act and for each vehicle subject
to gross weight license fees under ((RCW 46.16.070)) section 530 of
this act with ((an unladen)) a scale weight of six thousand pounds or
less.
(2)(a) A district that includes all the territory within the
boundaries of the jurisdiction, or jurisdictions, establishing the
district may impose by a majority vote of the governing board of the
district up to twenty dollars of the vehicle fee authorized in
subsection (1) of this section. If the district is countywide, the
revenues of the fee shall be distributed to each city within the county
by interlocal agreement. The interlocal agreement is effective when
approved by the county and sixty percent of the cities representing
seventy-five percent of the population of the cities within the county
in which the countywide fee is collected.
(b) A district may not impose a fee under this subsection (2):
(i) For a passenger-only ferry transportation improvement unless
the vehicle fee is first approved by a majority of the voters within
the jurisdiction of the district; or
(ii) That, if combined with the fees previously imposed by another
district within its boundaries under RCW 36.73.065(4)(a)(i), exceeds
twenty dollars.
If a district imposes or increases a fee under this subsection (2)
that, if combined with the fees previously imposed by another district
within its boundaries, exceeds twenty dollars, the district shall
provide a credit for the previously imposed fees so that the combined
vehicle fee does not exceed twenty dollars.
(3) The department of licensing shall administer and collect the
fee. The department shall deduct a percentage amount, as provided by
contract, not to exceed one percent of the fees collected, for
administration and collection expenses incurred by it. The department
shall remit remaining proceeds to the custody of the state treasurer.
The state treasurer shall distribute the proceeds to the district on a
monthly basis.
(4) No fee under this section may be collected until six months
after approval under RCW 36.73.065.
(5) The vehicle fee under this section applies only when renewing
a vehicle registration, and is effective upon the registration renewal
date as provided by the department of licensing.
(6) The following vehicles are exempt from the fee under this
section:
(a) Campers, as defined in RCW 46.04.085;
(b) Farm tractors or farm vehicles, as defined in RCW 46.04.180 and
46.04.181;
(((b))) (c) Mopeds, as defined in RCW 46.04.304;
(d) Off-road and nonhighway vehicles, as defined in ((RCW
46.09.020)) section 127 of this act;
(((c))) (e) Private use single-axle trailer, as defined in section
132 of this act;
(f) Snowmobiles, as defined in section 145 of this act; and
(g) Vehicles registered under chapter 46.87 RCW and the
international registration plan((; and)).
(d) Snowmobiles as defined in RCW 46.10.010
Sec. 1001 RCW 88.02.010 and 1983 c 7 s 14 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Vessel" means every watercraft used or capable of being used
as a means of transportation on the water, other than a seaplane.
(2) "Owner" means a person who has a lawful right to possession of
a vessel by purchase, exchange, gift, lease, inheritance, or legal
action whether or not the vessel is subject to a security interest, and
means registered owner where the reference to owner may be construed as
either to registered or legal owner.
(3) "Dealer" means a person, partnership, association, or
corporation engaged in the business of selling vessels at wholesale or
retail in this state.
(4) "Department" means the department of licensing.
(5) "Director" means the director of the department of licensing.
(6) "Person" has the same meaning as in RCW 46.04.405.
(7) "Waters of this state" means any waters within the territorial
limits of this state as described in 43 U.S.C. Sec. 1312.
NEW SECTION. Sec. 1002 A new section is added to chapter 88.02
RCW under the subchapter heading "general provisions" to read as
follows:
The department:
(1) Shall provide for the issuance of vessel certificates of title
and registration certificates;
(2) May appoint county auditors or other agents or subagents under
chapter 46.01 RCW for collecting fees and issuing vessel registration
certificates, numbers, and decals; and
(3) May adopt rules under chapter 34.05 RCW to implement this
chapter.
Sec. 1003 RCW 88.02.035 and 1991 c 339 s 32 are each amended to
read as follows:
(1) The department may issue confidential vessel registrations
((for law enforcement purposes only)) to units of local government and
to agencies of the federal government for law enforcement purposes
only.
(2) The department shall limit confidential vessel registrations
owned or operated by the state of Washington or by any officer or
employee ((thereof)) of the state, to confidential, investigative, or
undercover work of state law enforcement agencies.
(3) The director may adopt rules governing applications for and the
use of confidential vessel registrations ((by law enforcement and other
public agencies)).
NEW SECTION. Sec. 1004 A new section is added to chapter 88.02
RCW under the subchapter heading "general provisions" to read as
follows:
(1) Any person charged with the enforcement of this chapter may
inspect the registration certificate of a vessel to ascertain the legal
and registered ownership of the vessel. A vessel owner or operator who
fails to provide the registration certificate for inspection upon the
request of any person charged with enforcement of this chapter is a
class 2 civil infraction.
(2) The department may require the inspection of vessels that are
brought into this state from another state and for which a certificate
of title has not been issued and for any other vessel if the department
determines that inspection of the vessel will help to verify the
accuracy of the information set forth on the application.
Sec. 1005 RCW 88.02.055 and 2003 c 53 s 413 are each amended to
read as follows:
(((1) Whenever any license fee paid under this chapter has been
erroneously paid, in whole or in part, the person paying the fee, upon
satisfactory proof to the director of licensing, is entitled to a
refund of the amount erroneously paid.))
(2) A license fee is refundable in one or more of the following
circumstances: (a) If the vessel for which the renewal license was
purchased was destroyed before the beginning date of the registration
period for which the renewal fee was paid; (b) if the vessel for which
the renewal license was purchased was permanently removed from the
state before the beginning date of the registration period for which
the renewal fee was paid; (c) if the vessel license was purchased after
the owner has sold the vessel; (d) if the vessel is currently licensed
in Washington and is subsequently licensed in another jurisdiction, in
which case any full months of Washington fees between the date of
license application in the other jurisdiction and the expiration of the
Washington license are refundable; or (e) if the vessel for which the
renewal license was purchased is sold before the beginning date of the
registration period for which the renewal fee was paid, and the payor
returns the new, unused, never affixed license renewal decal to the
department before the beginning of the registration period for which
the registration was purchased.
(3) Upon the refund being certified as correct to the state
treasurer by the director and being claimed in the time required by
law, the state treasurer shall mail or deliver the amount of each
refund to the person entitled to the refund.
(4) A claim for refund shall not be allowed for erroneous payments
unless the claim is filed with the director within three years after
such payment was made.
(5) If due to error a person has been required to pay a license fee
under this chapter and excise tax which amounts to an overpayment of
ten dollars or more, the person is entitled to a refund of the entire
amount of the overpayment, regardless of whether a refund of the
overpayment has been requested. If due to error the department or its
agents has failed to collect the full amount of the license fee and
excise tax due, which underpayment is in the amount of ten dollars or
more, the department shall charge and collect the additional amount as
will constitute full payment of the tax and fees.
(1) A person who has paid all or part of a vessel registration fee
under this chapter is entitled to a refund if the amount was paid in
error or if the vessel:
(a) Was destroyed before the new registration period began;
(b) Was permanently removed from Washington state before the new
registration period began;
(c) Registration was purchased after the owner sold the vessel;
(d) Was registered in another jurisdiction after the Washington
state registration had been purchased. Any full months of Washington
state registration fees remaining after the application for out-of-state registration was made are refundable; or
(e) Registration was purchased before the vessel was sold and
before the new registration period began. The person who paid the fee
must return the unused, never-affixed decals to the department before
the new registration period begins.
(2) The department shall refund overpayments of registration fees
and watercraft excise tax under chapter 82.49 RCW that are ten dollars
or more. A request for a refund is not required.
(3) The department shall certify refunds to the state treasurer as
correct and being claimed in the time required by law. The state
treasurer shall mail or deliver the amount of each refund to the person
who is entitled to the refund.
(4) The department shall not authorize refunds of fees paid in
error unless the claim is filed with the director within three years
after the fees were paid.
(5) If, due to error, the department, county auditor or other
agent, or subagent appointed by the director has failed to collect the
full amount of the registration fee and watercraft excise tax due, and
the underpayment is in the amount of ten dollars or more, the
department shall charge and collect the additional amount to constitute
full payment of the tax and fee.
(6) Any person who makes a false statement under which he or she
obtains a refund to which he or she is not entitled under this section
is guilty of a gross misdemeanor.
Sec. 1006 RCW 88.02.110 and 2006 c 29 s 3 are each amended to
read as follows:
(1) Except as otherwise provided in this chapter, a violation of
this chapter and the rules adopted by the department ((pursuant to
these statutes)) is a misdemeanor punishable only by a fine not to
exceed one hundred dollars per vessel for the first violation.
Subsequent violations in the same year are subject to the following
fines:
(a) For the second violation, a fine of two hundred dollars per
vessel;
(b) For the third and successive violations, a fine of four hundred
dollars per vessel.
(2) A violation designated in this chapter as a civil infraction
((shall)) must be punished accordingly pursuant to chapter 7.80 RCW.
(3) After the subtraction of court costs and administrative
collection fees, moneys collected under this section ((shall)) must be
credited to the current expense fund of the arresting jurisdiction.
(4) All law enforcement officers ((shall have the authority to))
may enforce this chapter((,)) and the rules adopted by the department
((pursuant to these statutes)) within their respective jurisdictions((:
PROVIDED, That)). A city, town, or county may contract with a fire
protection district for ((such)) enforcement of this chapter, and fire
protection districts ((are authorized to)) may engage in ((such))
enforcement activities.
Sec. 1007 RCW 88.02.118 and 2003 c 53 s 414 are each amended to
read as follows:
(1) It is a gross misdemeanor punishable as provided under chapter
9A.20 RCW for any person owning a vessel subject to taxation under
chapter 82.49 RCW to:
(a) Register a vessel in another state to avoid Washington state
vessel excise tax required under chapter 82.49 RCW; or ((to))
(b) Obtain a vessel dealer's ((registration)) license for the
purpose of evading excise tax on vessels under chapter 82.49 RCW.
(2) For a second or subsequent offense, the person convicted is
also subject to a fine equal to four times the amount of avoided taxes
and fees, ((no part of)) which may not be suspended or deferred.
(3) Excise taxes owed and fines assessed ((will)) must be deposited
in the manner provided under RCW 46.16.010(((4))) (6).
Sec. 1008 RCW 88.02.200 and 1985 c 258 s 11 are each amended to
read as follows:
((No)) A suit or action ((shall ever)) may not be commenced or
prosecuted against the department ((of licensing)) or the state of
Washington by reason of any act done or omitted to be done in the
administration of the duties and responsibilities imposed upon the
department under this chapter ((88.02 RCW)).
Sec. 1009 RCW 88.02.120 and 1985 c 258 s 1 are each amended to
read as follows:
It is the intention of the legislature:
(1) To establish a system of certificates of title for vessels
((and watercraft)) similar to that in existence for motor vehicles((.
It is the goal of this legislation that the title)) under chapter 46.12
RCW;
(2) That certificates of title become ((prima facie)) sufficient
evidence of ownership of the vessel it describes so that persons may
rely upon that certificate; and
(3) That security interest in vessels be perfected solely by
notation of a secured party upon the ((title)) certificate of title.
((However, there are title certificates issued prior to June 30, 1985,
which may not indicate security interests in the certificated vessel.
The establishment of a more reliable system will require implementation
over several years, as the existing security interests are either
satisfied or their perfection is not continued. During this interim
period of five years from June 30, 1985, two different classes, class
A and class B, of title certificates will be in existence and issued by
the department of licensing. The establishment and operation of the
system for watercraft and vessels should be patterned upon the system
established and operating for motor vehicles and the department of
licensing is hereby authorized and directed to adopt the regulations
and procedures necessary and desirable to establish such a similar
system, excepting only as the same may be inconsistent with this
chapter.))
Sec. 1010 RCW 88.02.070 and 1996 c 315 s 5 are each amended to
read as follows:
(1) ((The department shall provide for the issuance of vessel
certificates of title. Applications for certificates may be made
through the agents appointed under RCW 88.02.040. The fee for a vessel
certificate of title is five dollars. Fees required for licensing
agents under RCW 46.01.140 are in addition to the vessel certificate of
title fee. Fees for vessel certificates of title shall be deposited in
the general fund.)) Security interests in vessels subject to the
requirements of this chapter ((and attaching after July 1, 1983,
shall)) must be perfected only by indication upon the vessel's
((title)) certificate of title. The provisions of chapters 46.12 and
46.16 RCW relating to ((motor)) vehicle ((certificates of))
registration certificates, certificates of title((s)), certificate
issuance, ownership transfer, and perfection of security interests, and
other provisions ((which)) that may be applied to vessels subject to
this chapter, may be so applied by rule of the department if they are
not inconsistent with this chapter.
(2) ((Whenever a vessel is to be registered for the first time as
required by this chapter, except for a vessel having a valid marine
document as a vessel of the United States, application shall be made at
the same time for a certificate of title. Any person who purchases or
otherwise obtains majority ownership of any vessel subject to the
provisions of this chapter, except for a vessel having a valid marine
document as a vessel of the United States, shall within fifteen days
thereof apply for a new certificate of title which shows the vessel's
change of ownership.)) Security interests may be released or acted upon as provided
by the law under which they arose or were perfected. ((
(3)No)) A new
security interest or renewal or extension of an existing security
interest is not affected except as provided under the terms of this
chapter and RCW 46.12.095.
(((4) Notice shall be given to the issuing authority by the owner
indicated on the certificate of registration within fifteen days of the
occurrence of any of the following: Any change of address of owner;
destruction, loss, abandonment, theft, or recovery of the vessel; or
loss or destruction of a valid certificate of registration on the
vessel.))
(5) Within five days, excluding Saturdays, Sundays, and state and
federal holidays, the owner shall notify the department in writing, on
the appropriate form, of the date of the sale or transfer, the name and
address of the owner and of the transferee, and such description of the
vessel, including the hull identification number, the vessel decal
number, or both, as may be required by the department.
NEW SECTION. Sec. 1011 A new section is added to chapter 88.02
RCW under the subchapter heading "certificates of title" to read as
follows:
(1) An application for a certificate of title must be made at the
same time when a vessel is registered for the first time as required
under this chapter.
(2) A person who purchases or otherwise obtains majority ownership
of any vessel subject to this chapter shall, within fifteen days of
purchase or obtainment, apply for a new certificate of title that shows
the vessel's change of ownership.
(3) This section does not apply to a vessel that has a valid marine
document as a vessel of the United States.
Sec. 1012 RCW 88.02.180 and 1985 c 258 s 6 are each amended to
read as follows:
((Each)) (1) The application for a ((title)) certificate ((shall
require)) of title of a vessel must be made by the owner or the owner's
representative to the department, county auditor or other agent, or
subagent appointed by the director on a form furnished or approved by
the department and must contain:
(a) A description of the vessel, including make, model, hull
identification number, and type of body;
(b) The name and address of the person who is to be the registered
owner of the vessel and, if the vessel is subject to a security
interest, the name and address of the secured party; and
(c) Other information the department may require.
(2) The application for a certificate of title must be signed by
the person applying to be ((designated as)) the registered owner ((to
swear)) and be sworn to by that person under penalty of the perjury
laws of this state that ((he)):
(a) The applicant is the owner or an authorized agent of the owner
of the vessel((, and that it)); and
(b) The vessel is free of any claim of lien, mortgage, conditional
sale, or other security interest of any person except the person or
persons ((set forth in)) on the application as secured parties.
(3) The application for a certificate of title must be accompanied
by:
(a) A draft, money order, certified bank check, or cash for all
fees and taxes due for the application for the certificate of title;
and
(b) The most recent certificate of title or other satisfactory
evidence of ownership.
NEW SECTION. Sec. 1013 A new section is added to chapter 88.02
RCW under the subchapter heading "certificates of title" to read as
follows:
A vessel owner shall notify the department within fifteen days of
any of the following:
(1) A change of address of the owner;
(2) Destruction, loss, abandonment, theft, or recovery of the
vessel; or
(3) Loss or destruction of a valid registration certificate issued
for the vessel.
NEW SECTION. Sec. 1014 A new section is added to chapter 88.02
RCW under the subchapter heading "certificates of title" to read as
follows:
(1) A vessel owner shall notify the department in writing within
five business days after a vessel is or has been:
(a) Sold;
(b) Given as a gift to another person;
(c) Traded, either privately or to a vessel dealer;
(d) Donated to charity;
(e) Turned over to an insurance company or wrecking yard; or
(f) Disposed of.
(2) A report of sale is properly filed if it is received by the
department within five business days after the date of sale or transfer
and it includes:
(a) The date of sale or transfer;
(b) The owner's name and address;
(c) The name and address of the person acquiring the vessel;
(d) The vessel hull identification number and vessel registration
number; and
(e) A date stamp by the department showing it was received on or
before the fifth business day after the date of sale or transfer.
Sec. 1015 RCW 88.02.075 and 1997 c 241 s 12 are each amended to
read as follows:
(((1) If a certificate of ownership, a certificate of registration,
or a pair of decals is lost, stolen, mutilated, or destroyed or becomes
illegible, the first priority secured party or, if none, the owner or
legal representative of the owner named in the certificate, as shown by
the records of the department, shall promptly apply for and may obtain
a duplicate certificate or replacement decals upon payment of one
dollar and twenty-five cents and furnishing information satisfactory to
the department.))
(a) An application for a duplicate certificate of title shall be
accompanied by an affidavit of loss or destruction in a form approved
by the department and signed by the first secured party or, if none,
the owner or legal representative of the owner.
(b) An application for a duplicate certificate of registration or
replacement decals shall be accompanied by an affidavit of loss or
destruction in a form approved by the department and signed by the
registered owner or legal representative of the owner.
(2) The duplicate certificate of ownership or registration shall
contain the legend, "duplicate." It shall be mailed to the first
priority secured party named in it or, if none, to the owner.
(3) A person recovering an original certificate of ownership,
certificate of registration, or decal for which a duplicate or
replacement has been issued shall promptly surrender the original to
the department.
(1) A legal owner or the legal owner's authorized representative
shall promptly apply for a duplicate certificate of title if a
certificate of title is lost, stolen, mutilated, or destroyed, or
becomes illegible. The application for a duplicate certificate of
title must:
(a) Include information required by the department;
(b) Be accompanied by an affidavit of loss or destruction;
(c) Be accompanied by the fee required in section 1028(1)(j) of
this act.
(2) The duplicate certificate of title must contain the word
"duplicate." It must be mailed to the first priority secured party
named in it or, if none, to the registered owner.
(3) A person recovering a certificate of title for which a
duplicate has been issued shall promptly return the certificate of
title that has been recovered to the department.
NEW SECTION. Sec. 1016 A new section is added to chapter 88.02
RCW under subchapter heading "certificates of title" to read as
follows:
(1) A local health officer may notify the department that a vessel
has been:
(a) Declared unfit and prohibited from use as authorized in chapter
64.44 RCW if the vessel has become contaminated as defined in RCW
64.44.010;
(b) Satisfactorily decontaminated and the vessel has been retested
according to the written work plan approved by the local health
officer.
(2) The department shall brand vessel records and certificates of
title when it receives the notification from a local health officer as
provided in subsection (1) of this section.
(3) A person is guilty of a gross misdemeanor if he or she
advertises for sale or sells a vessel that has been declared unfit and
prohibited from use by a local health officer if:
(a) The person has knowledge that the local health officer has
issued an order declaring the vessel unfit and prohibiting its use; or
(b) A notification has been placed on the certificate of title
under subsection (2) of this section that the vessel has been declared
unfit and prohibited from use.
(4) A person may advertise or sell a vessel if a release for reuse
document has been issued by a local health officer under chapter 64.44
RCW or a notification has been placed on the certificate of title under
subsection (2) of this section that the vessel has been decontaminated
and released for reuse.
Sec. 1017 RCW 88.02.020 and 2006 c 29 s 1 are each amended to
read as follows:
(1) Except as provided in this chapter, ((no)) a person may not own
or operate any vessel, including a rented vessel, on the waters of this
state unless the vessel has been registered and displays a registration
number and a valid decal in accordance with this chapter((, except
that)). A vessel ((which)) that has or is required to have a valid
marine document as a vessel of the United States is only required to
display a valid decal. A violation of this section is a class 2 civil
infraction.
(2) A vessel numbered in this state under the federal boat safety
act of 1971 (85 Stat. 213, 46 U.S.C. 4301 et seq.) is not required to
be registered under this chapter until the certificate of number issued
for the vessel under the federal boat safety act expires. When
registering under this chapter, this type of vessel is subject to the
amount of excise tax due under chapter 82.49 RCW that would have been
due under chapter 82.49 RCW if the vessel had been registered at the
time otherwise required under this chapter.
Sec. 1018 RCW 88.02.030 and 2007 c 22 s 3 are each amended to
read as follows:
Vessel registration is required under this chapter except for the
following:
(1) A military ((or public)) vessel((s of)) owned by the United
States((, except recreational-type public vessels;)) government;
(2) Vessels
(2) A public vessel owned by the United States government, unless
the vessel is a type used for recreation;
(3) A vessel clearly identified as being:
(a) Owned by a state ((or subdivision thereof)), county, or city;
and
(b) Used ((principally)) primarily for governmental purposes ((and
clearly identifiable as such));
(((3))) (4) A vessel((s)) either (a) registered or numbered under
the laws of a country other than the United States((;)) or (b) having
a valid United States customs service cruising license issued pursuant
to 19 C.F.R. Sec. 4.94. Either vessel is exempt from registration only
for the first sixty days of use on Washington state waters. On or
before the sixty-first day of use ((in the)) on Washington state
waters, any vessel in the state under this subsection ((shall)) must
obtain ((an identification document from the department of licensing,
its agents, or subagents indicating when the vessel first came into the
state. At the time of any issuance of an identification document, a
thirty dollar identification document fee shall be paid by the vessel
owner to the department of licensing for the cost of providing the
identification document by the department of licensing. Five dollars
from each such transaction must be deposited in the derelict vessel
removal account created in RCW 79.100.100. Any moneys remaining from
the fee after the payment of costs and the deposit to the derelict
vessel removal account shall be allocated to counties by the state
treasurer for approved boating safety programs under RCW 88.02.045.
The department of licensing shall adopt rules to implement its duties
under this subsection, including issuing and displaying the
identification document and collecting the thirty dollar fee)) a vessel
visitor permit as required under section 1026 of this act;
(((4))) (5) A vessel((s)) that ((have been issued)) is currently
registered or numbered under the laws of the state of principal
operation or that has been issued a valid number under federal law ((or
by an approved issuing authority of the state of principal operation.
However, a vessel that is validly registered in another state but that
is removed to this state for principal use is subject to registration
under this chapter. The issuing authority for this state shall
recognize the validity of the numbers previously issued for a period of
sixty days after arrival in this state)). However, either vessel must
be registered in Washington state if the state of principal operation
changes to Washington state by the sixty-first day after the vessel
arrives in Washington state;
(((5))) (6) A vessel((s)) owned by a nonresident if:
(a) The vessel is located upon the waters of this state exclusively
for repairs, alteration, or reconstruction, or any testing related to
((the repair, alteration, or reconstruction conducted in this state
if)) these services;
(b) An employee of the ((repair, alteration, or construction))
facility providing these services is on board the vessel during any
testing((. However, any vessel owned by a nonresident is located upon
the waters of this state exclusively for repairs, alteration,
reconstruction, or testing for a period longer than sixty days, that));
and
(c) The nonresident ((shall)) files an affidavit with the
department of revenue by the sixty-first day verifying that the vessel
is located upon the waters of this state for ((repair, alteration,
reconstruction, or testing and)) these services.
The nonresident shall continue to file ((such)) an affidavit every
sixty days thereafter, ((while)) as long as the vessel is located upon
the waters of this state exclusively for repairs, alteration,
reconstruction, or testing;
(((6))) (7) A vessel((s)) equipped with propulsion machinery of
less than ten horsepower that:
(a) ((Are)) Is owned by the owner of a vessel for which a valid
vessel number has been issued;
(b) Displays the number of that numbered vessel followed by the
suffix "1" in the manner prescribed by the department; and
(c) ((Are)) Is used as a tender for direct transportation between
((that)) the numbered vessel and the shore and for no other purpose;
(((7))) (8) A vessel((s)) under sixteen feet in overall length
((which have)) that has no propulsion machinery of any type or ((which
are)) that is not used on waters subject to the jurisdiction of the
United States or on the high seas beyond the territorial seas for
vessels owned in the United States and are powered by propulsion
machinery of ten or less horsepower;
(((8))) (9) A vessel((s)) with no propulsion machinery of any type
for which the primary mode of propulsion is human power;
(((9))) (10) A vessel((s)) primarily engaged in commerce ((which
have or are)) that has or is required to have a valid marine document
as a vessel of the United States. A commercial vessel((s which)) that
the department of revenue determines ((have)) has the external
appearance of a vessel((s which)) that would otherwise be required to
register under this chapter, must display decals issued annually by the
department of revenue that indicate the vessel's exempt status;
(((10))) (11) A vessel((s)) primarily engaged in commerce ((which
are)) that is owned by a resident of a country other than the United
States;
(((11))) (12) A vessel((s)) owned by a nonresident ((individual))
natural person brought into the state for ((his or her)) use or
enjoyment while temporarily within the state for not more than six
months in any continuous twelve-month period((, unless the vessel is
used in conducting a nontransitory business activity within the state.
However, the vessel must have)) that (a) is currently registered or
numbered under the laws of the state of principal use or (b) has been
issued a valid number under federal law ((or by an approved issuing
authority of the state of principal operation)). This type of vessel
is exempt from registration only for the first sixty days of use on
Washington state waters. On or before the sixty-first day of use ((in
the)) on Washington state waters, any vessel ((temporarily in the
state)) under this subsection ((shall)) must obtain ((an identification
document from the department of licensing, its agents, or subagents
indicating when the vessel first came into the state. An
identification document shall be valid for a period of two months. At
the time of any issuance of an identification document, a twenty-five
dollar identification document fee shall be paid by the vessel owner to
the department of licensing for the cost of providing the
identification document by the department of licensing. Any moneys
remaining from the fee after payment of costs shall be allocated to
counties by the state treasurer for approved boating safety programs
under RCW 88.02.045. The department of licensing shall adopt rules to
implement its duties under this subsection, including issuing and
displaying the identification document and collecting the twenty-five
dollar fee)) a nonresident vessel permit as required under section 1027
of this act; ((and)) (13) A vessel((
(12)s)) used in this state by a nonresident
individual possessing a valid use permit issued under RCW 82.08.700 or
82.12.700; and
(14) A vessel held for sale by any licensed dealer.
Sec. 1019 RCW 88.02.050 and 2007 c 342 s 5 are each amended to
read as follows:
(1) An application for ((a)) vessel registration ((shall)) must be
made by the owner or the owner's authorized representative to the
department ((or its authorized agent in the manner and upon forms
prescribed)), county auditor or other agent, or subagent appointed by
the director on a form furnished or approved by the department. The
application ((shall state)) must contain:
(a) The name and address of each owner of the vessel ((and such));
(b) Other information ((as may be required by)) the department((,
shall be signed by)) may require; and
(c) The signature of at least one owner((, and shall be accompanied
by a vessel registration fee of ten dollars and fifty cents per year
and the excise tax imposed under chapter 82.49 RCW.)).
(2) Five additional dollars must be collected annually from every
vessel registration application. These moneys must be distributed in
the following manner:
(a) Two dollars must be deposited into the derelict vessel removal
account established in RCW 79.100.100. If the department of natural
resources indicates that the balance of the derelict vessel removal
account, not including any transfer or appropriation of funds into the
account or funds deposited into the account collected under RCW
88.02.270, reaches one million dollars as of March 1st of any year, the
collection of the two-dollar fee must be suspended for the following
fiscal year.
(b) One dollar and fifty cents must be deposited in the aquatic
invasive species prevention account created in RCW 77.12.879.
(c) One dollar must be deposited into the freshwater aquatic algae
control account created in RCW 43.21A.667.
(d) Fifty cents must be deposited into the aquatic invasive species
enforcement account created in RCW 43.43.400.
(3) Any fees required for licensing agents under RCW 46.01.140
shall be in addition to the ten dollar and fifty cent annual
registration fee and the five-dollar fee created in subsection (2) of
this section
(((4))) (2) The application for vessel registration must be
accompanied by the:
(a) Vessel registration fee required under section 1028(1)(h) of
this act;
(b) Derelict vessel and invasive species removal fee and derelict
vessel removal surcharge required under section 1028(3)(a) of this act;
(c) Filing fee required under section 1028(1)(d) of this act;
(d) License plate technology fee required under section 1028(1)(e)
of this act;
(e) License service fee required under section 1028(1)(f) of this
act; and
(f) Watercraft excise tax required under chapter 82.49 RCW.
(3) Upon receipt of ((the)) an application for vessel registration
and the ((registration)) required fees and taxes, the department shall
assign a registration number and issue a decal for ((each)) the vessel.
The registration number and decal ((shall)) must be issued and affixed
to the vessel in a manner prescribed by the department consistent with
the standard numbering system for vessels ((set forth in volume 33,
part 174, of the code of federal regulations)) required in 33 C.F.R.
Part 174. A valid decal affixed as prescribed shall indicate
compliance with the annual registration requirements of this chapter.
(((5) The)) (4) Vessel registrations and decals are valid for a
period of one year, except that the director ((of licensing)) may
extend or diminish vessel registration periods((,)) and ((the)) vessel
decals ((therefor,)) for the purpose of staggered renewal periods. For
registration periods of more or less than one year, the department may
collect prorated annual registration fees and excise taxes based upon
the number of months in the registration period.
(5) Vessel registrations are renewable every year in a manner
prescribed by the department upon payment of the ((vessel registration
fee, excise tax, and the derelict vessel fee)) fees and taxes described
in subsection (2) of this section. Upon renewing a vessel
registration, the department shall issue a new decal to be affixed as
prescribed by the department.
(6) When the department issues either a notice to renew a vessel
registration or a decal for a new or renewed vessel registration, it
shall also provide information on the location of marine oil recycling
tanks and sewage holding tank pumping stations. This information will
be provided to the department by the state parks and recreation
commission in a form ready for distribution. The form ((will)) must be
developed and prepared by the state parks and recreation commission
with the cooperation of the department of ecology. The department, the
state parks and recreation commission, and the department of ecology
shall enter into a memorandum of agreement to implement this process.
(7) A person acquiring a vessel from a dealer or a vessel already
validly registered under this chapter shall, within fifteen days of the
acquisition or purchase of the vessel, apply to the department ((or its
authorized agent)), county auditor or other agent, or subagent
appointed by the director for transfer of the vessel registration, and
the application ((shall)) must be accompanied by a transfer fee ((of
one dollar)) as required in section 1028(1)(k) of this act.
Sec. 1020 RCW 88.02.050 and 2007 c 342 s 6 are each amended to
read as follows:
(1) An application for a vessel registration ((shall)) must be made
by the owner or the owner's authorized representative to the department
((or its authorized agent in the manner and upon forms prescribed)),
county auditor or other agent, or subagent appointed by the director on
a form furnished or approved by the department. The application
((shall state)) must contain:
(a) The name and address of each owner of the vessel ((and such));
(b) Other information ((as may be required by)) the department((,
shall be signed by)) may require; and
(c) The signature of at least one owner((, and shall be accompanied
by a vessel registration fee of ten dollars and fifty cents per year
and the excise tax imposed under chapter 82.49 RCW. In addition, two
additional dollars must be collected annually from every vessel
registration application. These moneys must be deposited into the
derelict vessel removal account established in RCW 79.100.100. If the
department of natural resources indicates that the balance of the
derelict vessel removal account, not including any transfer or
appropriation of funds into the account or funds deposited into the
account collected under RCW 88.02.270, reaches one million dollars as
of March 1st of any year, the collection of the two-dollar fee must be
suspended for the following fiscal year. Any fees required for
licensing agents under RCW 46.01.140 shall be in addition to the ten
dollar and fifty cent annual registration fee and the two-dollar
derelict vessel fee)).
(2) The application for vessel registration must be accompanied by
the:
(a) Vessel registration fee required under section 1028(1)(h) of
this act;
(b) Derelict vessel and invasive species removal fee and derelict
vessel removal surcharge required under section 1028(3)(b) of this act;
(c) Filing fee required under section 1028(1)(d) of this act;
(d) License plate technology fee required under section 1028(1)(e)
of this act;
(e) License service fee required under section 1028(1)(f) of this
act; and
(f) Watercraft excise tax required under chapter 82.49 RCW.
(3) Upon receipt of ((the)) an application ((and the)) for vessel
registration and the required fees and taxes, the department shall
assign a registration number and issue a decal for each vessel. The
registration number and decal ((shall)) must be issued and affixed to
the vessel in a manner prescribed by the department consistent with the
standard numbering system for vessels ((set forth in volume 33, part
174, of the code of federal regulations)) required in 33 C.F.R. Part
174. A valid decal affixed as prescribed ((shall)) must indicate
compliance with the annual registration requirements of this chapter.
((The)) (4) Vessel registrations and decals are valid for a period
of one year, except that the director ((of licensing)) may extend or
diminish vessel registration periods((,)) and ((the)) vessel decals
((therefor,)) for the purpose of staggered renewal periods. For
registration periods of more or less than one year, the department may
collect prorated annual registration fees and excise taxes based upon
the number of months in the registration period.
(5) Vessel registrations are renewable every year in a manner
prescribed by the department upon payment of the ((vessel registration
fee, excise tax, and the derelict vessel fee)) fees and taxes described
in subsection (2) of this section. Upon renewing a vessel
registration, the department shall issue a new decal to be affixed as
prescribed by the department.
(6) When the department issues either a notice to renew a vessel
registration or a decal for a new or renewed vessel registration, it
shall also provide information on the location of marine oil recycling
tanks and sewage holding tank pumping stations. This information
((will)) must be provided to the department by the state parks and
recreation commission in a form ready for distribution. The form
((will)) must be developed and prepared by the state parks and
recreation commission with the cooperation of the department of
ecology. The department, the state parks and recreation commission,
and the department of ecology shall enter into a memorandum of
agreement to implement this process.
(7) A person acquiring a vessel from a dealer or a vessel already
validly registered under this chapter shall, within fifteen days of the
acquisition or purchase of the vessel, apply to the department ((or its
authorized agent)), county auditor or other agent, or subagent
appointed by the director for transfer of the vessel registration, and
the application ((shall)) must be accompanied by a transfer fee ((of
one dollar)) as required in section 1028(1)(k) of this act.
NEW SECTION. Sec. 1021 A new section is added to chapter 88.02
RCW under the subchapter heading "registration certificates" to read as
follows:
(1) A registered owner or the registered owner's authorized
representative shall promptly apply for a duplicate registration
certificate when a registration certificate is lost, stolen, mutilated,
or destroyed, or becomes illegible. The application for a duplicate
registration certificate must:
(a) Be accompanied by an affidavit of loss or destruction;
(b) Include information required by the department; and
(c) Be accompanied by the fee required in section 1028(1)(c) of
this act, in addition to any other fees or taxes required for the
transaction.
(2) A person recovering a registration certificate for which a
duplicate has been issued shall promptly return the registration
certificate that has been recovered to the department.
NEW SECTION. Sec. 1022 A new section is added to chapter 88.02
RCW under the subchapter heading "registration certificates" to read as
follows:
(1) A registered owner or the registered owner's authorized
representative shall promptly apply for a pair of replacement decals
when the decals are lost, stolen, mutilated, or destroyed, or become
illegible. The application for replacement decals must:
(a) Be accompanied by an affidavit of loss or destruction;
(b) Include information required by the department;
(c) Be accompanied by the fee required in section 1028(1)(i) of
this act, in addition to any other fees or taxes required for the
transaction.
(2) A person recovering decals for which a replacement has been
issued shall promptly return the decals that have been recovered to the
department.
Sec. 1023 RCW 88.02.052 and 1996 c 3 s 1 are each amended to read
as follows:
((In conjunction with the registration of vessels under this
chapter,)) The department shall provide an opportunity for each person
registering a vessel under this chapter to make a voluntary donation to
support the maritime historic restoration and preservation activities
of the Grays Harbor Historical Seaport and the Steamer Virginia V
Foundation. All voluntary donations collected under this section
((shall)) must be deposited in the maritime historic restoration and
preservation account created under RCW 88.02.053 (as recodified by this
act).
Sec. 1024 RCW 88.02.250 and 2006 c 140 s 2 are each amended to
read as follows:
(((1) Any new or used motor driven boat or vessel, as that term is
defined in RCW 79A.60.010, other than a personal watercraft, sold
within this state must display a carbon monoxide warning sticker
developed by the department on the interior of the vessel.))
(2) For vessels sold by a dealer, the dealer shall ensure that the
warning sticker has been affixed prior to completing a transaction.
(3) For a vessel sold by an individual, the department shall
include the sticker in the registration materials provided to the new
owner, and the department shall notify the new owner that the sticker
must be affixed as described in subsection (1) of this section.
(4) A warning sticker already developed by a vessel manufacturer
may satisfy the requirements of this section if it has been approved by
the department. The department shall approve a carbon monoxide warning
sticker that has been approved by the United States coast guard for
similar uses in other states.
(1) The department shall:
(a) Develop and approve a carbon monoxide warning sticker;
(b) Approve a carbon monoxide warning sticker that has been
approved by the United States coast guard for similar uses in other
states;
(c) Provide the carbon monoxide warning sticker when an application
for a certificate of title is made and the ownership of the vessel is
transferred between natural persons; and
(d) Notify the new vessel owner described in (c) of this subsection
that the carbon monoxide sticker must be affixed to the vessel as
described in subsection (2) of this section.
(2) A new or used motor driven vessel, as defined in RCW
79A.60.010, other than a personal watercraft, as defined in RCW
79A.60.010, sold within this state must display a carbon monoxide
warning sticker as provided in subsection (1) of this section.
(3) A vessel dealer shall ensure that a carbon monoxide warning
sticker has been affixed to any vessel sold by the dealer before
completing the sale.
(4) A carbon monoxide warning sticker already developed by a vessel
manufacturer satisfies the requirements of this section if it has been
approved by the department.
Sec. 1025 RCW 88.02.260 and 2006 c 140 s 3 are each amended to
read as follows:
The department shall include an informational brochure about the
dangers of carbon monoxide poisoning and vessels and the warning
stickers required ((by)) under RCW 88.02.250 (as recodified by this
act) as part of the registration materials mailed by the department for
two consecutive years for registrations that are due or become due on
or after January 1, 2007, ((and thereafter)) upon recommendation by the
director ((of the department)). The materials ((shall)) must instruct
the vessel owner to affix the stickers as required ((by)) under RCW
88.02.250 (as recodified by this act).
NEW SECTION. Sec. 1026 A new section is added to chapter 88.02
RCW under the subchapter heading "permits" to read as follows:
(1) A vessel owner shall apply for a vessel visitor permit if the
vessel is:
(a) Currently registered or numbered under the laws of a country
other than the United States or has a valid United States customs
service cruising license issued under 19 C.F.R. Sec. 4.94; and
(b) Being used on Washington state waters for the personal use of
the owner for more than sixty days.
(2) A vessel visitor permit:
(a) May be obtained from the department, county auditor or other
agent, or subagent appointed by the director;
(b) Must show the date the vessel first came into Washington state;
and
(c) Is valid as long as the vessel remains currently registered or
numbered under the laws of a country other than the United States or
the United States customs service cruising license remains valid.
(3) The department, county auditor or other agent, or subagent
appointed by the director shall collect the fee required in section
1028(1)(l) of this act when issuing a vessel visitor permit.
(4) The department shall adopt rules to implement this section,
including rules on issuing and displaying the vessel visitor permit.
NEW SECTION. Sec. 1027 A new section is added to chapter 88.02
RCW under the subchapter heading "permits" to read as follows:
(1) A vessel owner who is a nonresident natural person shall apply
for a nonresident vessel permit on or before the sixty-first day of use
in Washington state if the vessel:
(a) Is currently registered or numbered under the laws of the state
of principal operation or has been issued a valid number under federal
law; and
(b) Has been brought into Washington state for personal use for not
more than six months in any continuous twelve-month period.
(2) A nonresident vessel permit:
(a) May be obtained from the department, county auditor or other
agent, or subagent appointed by the director;
(b) Must show the date the vessel first came into Washington state;
and
(c) Is valid for two months.
(3) The department, county auditor or other agent, or subagent
appointed by the director shall collect the fee required in section
1028(1)(g) of this act when issuing nonresident vessel permits.
(4) A nonresident vessel permit is not required under this section
if the vessel is used in conducting temporary business activity within
Washington state.
(5) The department shall adopt rules to implement this section,
including rules on issuing and displaying the nonresident vessel
permit.
NEW SECTION. Sec. 1028 A new section is added to chapter 88.02
RCW under the subchapter heading "title/registration fees and
distribution" to read as follows:
(1) In addition to any other fees and taxes required by law, the
department, county auditor or other agent, or subagent appointed by the
director shall charge the following vessel fees:
| FEE | AMOUNT | AUTHORITY | DISTRIBUTION |
| (a) Dealer temporary permit | $5.00 | RCW 88.02.184(2) (as recodified by this act) | General fund |
| (b) Derelict vessel and invasive species removal | Subsection (3) of this section | Subsections (3) and (4) of this section | Subsection (3) of this section |
| (c) Duplicate registration | $1.25 | Section 1021(1)(c) of this act | General fund |
| (d) Filing | Section 501 of this act | Section 501 of this act | Section 820 of this act |
| (e) License plate technology | Section 502 of this act | Section 502 of this act | Section 819 of this act |
| (f) License service | Section 503 of this act | Section 503 of this act | RCW 46.68.220 |
| (g) Nonresident vessel permit | $25.00 | Section 1027(3) of this act | Subsection (6) of this section |
| (h) Registration | $10.50 | RCW 88.02.050(2) (as recodified by this act) | General fund |
| (i) Replacement decal | $1.25 | Section 1022(1)(c) of this act | General fund |
| (j) Title application | $5.00 | RCW 88.02.180 (as recodified by this act) | General fund |
| (k) Transfer | $1.00 | RCW 88.02.050(7) (as recodified by this act) | General fund |
| (l) Vessel visitor permit | $30.00 | Section 1026(3) of this act | General fund |
Sec. 1029 RCW 88.02.040 and 2002 c 286 s 14 are each amended to
read as follows:
((The department shall provide for the issuance of vessel
registrations and may appoint agents for collecting fees and issuing
registration numbers and decals.)) General fees for vessel
registrations collected by the director ((shall)) must be deposited in
the general fund((: PROVIDED, That)). Any amount above one million
one hundred thousand dollars per fiscal year ((shall)) must be
allocated to counties by the state treasurer for boating
safety/education and law enforcement programs ((and the fee collected
specifically for the removal and disposal of derelict vessels must be
deposited in the derelict vessel removal account created in RCW
79.100.100)). Eligibility for boating safety/education and law
enforcement program allocations ((shall be)) is contingent upon
approval of the local boating safety program by the state parks and
recreation commission. Fund allocation ((shall)) must be based on the
numbers of registered vessels by county of moorage. Each benefitting
county ((shall be)) is responsible for equitable distribution of such
allocation to other jurisdictions with approved boating safety programs
within ((said)) the county. Any fees not allocated to counties due to
the absence of an approved boating safety program((, shall)) must be
allocated to the state parks and recreation commission for awards to
local governments to offset law enforcement and boating safety impacts
of boaters recreating in jurisdictions other than where registered.
Sec. 1030 RCW 88.02.045 and 1993 c 244 s 40 are each amended to
read as follows:
Jurisdictions receiving funds under RCW 88.02.040 (as recodified by
this act) shall deposit ((such)) the funds into an account dedicated
solely for supporting the jurisdiction's boating safety programs.
These funds ((shall)) may not ((supplant)) replace existing local funds
used for boating safety programs.
Sec. 1031 RCW 88.02.053 and 1996 c 3 s 2 are each amended to read
as follows:
(1) The maritime historic restoration and preservation account is
created in the custody of the state treasurer. All receipts from the
voluntary donations made simultaneously with the registration of
vessels under this chapter ((88.02 RCW shall)) must be deposited into
this account. These deposits are not public funds and are not subject
to allotment procedures under chapter 43.88 RCW.
(2) At the end of each fiscal year, the state treasurer shall pay
from this account to the department ((of licensing)) an amount equal to
the reasonable administrative expenses of that agency for that fiscal
year for collecting the voluntary donations and transmitting them to
the state treasurer and shall pay to the state treasurer an amount
equal to the reasonable administrative expenses of that agency for that
fiscal year for maintaining the account and disbursing funds from the
account.
(3) At the end of each fiscal year, the state treasurer shall pay
one-half of the balance of the funds in the account after payment of
the administrative costs provided in subsection (2) of this section, to
the Grays Harbor historical seaport or its corporate successor and the
remainder to the Steamer Virginia V foundation or its corporate
successor.
(4) If either the Grays Harbor historical seaport and its corporate
successors or the Steamer Virginia V foundation and its corporate
successors legally ceases to exist, the state treasurer shall, at the
end of each fiscal year, pay the balance of the funds in the account to
the remaining organization.
(5) If both the Grays Harbor historical seaport and its corporate
successors and the Steamer Virginia V foundation and its corporate
successors legally cease to exist, the department ((of licensing))
shall discontinue the collection of the voluntary donations in
conjunction with the registration of vessels under RCW 88.02.052 (as
recodified by this act), and the balance of the funds in the account
escheat to the state. If funds in the account escheat to the state,
one-half of the fund balance ((shall)) must be provided to the
((office)) department of archaeology and historic preservation, and the
remainder ((shall)) must be deposited into the parks renewal and
stewardship account.
(6) The secretary of state, the directors of the state historical
societies, the director of the ((office)) department of archaeology and
historic preservation within the department of ((community, trade, and
economic development)) commerce, and two members representing the
recreational boating community appointed by the secretary of state,
shall review the success of the voluntary donation program for maritime
historic restoration and preservation established under RCW 88.02.052
((and report their findings to the appropriate legislative committees
by January 31, 1998. The findings must include the progress of the
program and the potential to expand the voluntary funding to other
historic vessels)) (as recodified by this act).
Sec. 1032 RCW 88.02.060 and 1987 c 149 s 1 are each amended to
read as follows:
(((1) Each vessel dealer in this state shall register with the
department in the manner and upon forms prescribed by the department,
in accordance with rules adopted under chapter 34.05 RCW. After the
completed vessel dealer application has been satisfactorily filed and
the applicant is eligible as determined by the department's rules, the
department shall, if no denial proceeding is in effect, issue the
vessel dealer's registration on the basis of staggered annual
expiration dates.))
(2) Before issuing a vessel dealer's registration, 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 of
Washington, and executed by a surety company authorized to do business
in the state of Washington. The bond shall be approved by the attorney
general as to form and conditioned that the dealer shall conduct his
business in conformity with the provisions of this chapter. Any vessel
consignor or purchaser who has suffered any loss or damage by reason of
any act or omission by a dealer that constitutes a violation of this
chapter may institute an action for recovery against the dealer and the
surety upon the bond. 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. Upon exhaustion of the
penalty of the bond or cancellation of the bond by the surety, the
vessel dealer registration shall automatically be deemed canceled.
(3) Vessel dealers selling fifteen vessels or fewer per year having
a retail value of no more than two thousand dollars each shall not be
subject to the provisions of subsection (2).
(4) For the fiscal biennium from July 1, 1987, through June 30,
1989, the registration fee for dealers shall be fifty dollars per year
for an original registration, and twenty-five dollars for any
subsequent renewal. In addition, a fee of twenty-five dollars shall be
collected for the first decal, fifteen dollars for each additional
decal, and fifteen dollars for each vessel dealer display decal
replacement. In ensuing biennia, the director shall establish the
amount of such fees at a sufficient level to defray the costs of
administering the vessel dealer registration program. All such fees
shall be fixed by rule adopted by the director in accordance with the
Administrative Procedure Act, chapter 34.05 RCW. All fees collected
under this section shall be deposited with the state treasurer and
credited to the general fund.
(1) Each vessel dealer in this state shall:
(a) Obtain a vessel dealer license from the department in a manner
prescribed by the department in accordance with rules adopted under
chapter 34.05 RCW;
(b) File a surety bond in the amount of five thousand dollars,
running to the state of Washington. The surety bond must be:
(i) Issued by a surety company authorized to do business in the
state of Washington;
(ii) Approved by the attorney general as to form; and
(iii) Conditioned that the vessel dealer shall conduct business as
required under this chapter; and
(c) Pay the vessel dealer license and vessel dealer display decal
fees as provided by rules adopted by the department. All vessel dealer
license and vessel dealer display decal fees collected under this
section must be deposited with the state treasurer and credited to the
general fund.
(2) A vessel dealer selling fewer than sixteen vessels per year
having a retail value of no more than two thousand dollars each is not
required to file a bond as provided in subsection (1)(b) of this
section.
(3) The director shall establish by rule vessel dealer license and
vessel dealer display decal fees at a sufficient level to defray the
costs of administering the vessel dealer license program.
(4) The department shall issue vessel dealer licenses with
staggered annual expiration dates when:
(a) The completed vessel dealer application has been satisfactorily
filed;
(b) The department determines that the applicant is eligible as
determined by department rules; and
(c) No denial proceeding is in effect.
(5) A vessel consignor or purchaser who has suffered any loss or
damage by reason of an act or omission by a vessel dealer that
constitutes a violation of this chapter may institute an action for
recovery against the vessel dealer and the surety upon the bond.
Successive recoveries against the bond are permitted, but the aggregate
liability of the surety to all persons may not exceed the amount of the
bond. Upon exhaustion of the penalty of the bond or cancellation of
the bond by the surety, the vessel dealer license must automatically be
deemed canceled.
(6) Vessel dealer license numbers are not transferable.
Sec. 1033 RCW 88.02.230 and 2007 c 378 s 1 are each amended to
read as follows:
(1) The department may exempt from compliance with the vessel
dealer requirements of this chapter, any person who is engaged in the
business of selling in this state at wholesale or retail, human-powered
watercraft ((which)) that is: (a) Under sixteen feet in length; (b)
unable to be powered by propulsion machinery or wind propulsion as
designed by the manufacturer; and (c) not designed for use on commonly-used navigable waters.
(2) Any person engaged in the business of selling at wholesale or
retail, exempt and nonexempt watercraft under this section ((shall)) is
only ((be)) required to comply with ((the provisions of)) this chapter
in regard to the sale of nonexempt watercraft.
(3) An auction company licensed under chapter 18.11 RCW and
licensed as a motor vehicle dealer under chapter 46.70 RCW may sell at
auction, without ((registering)) being licensed as a vessel dealer, all
vessels that a vessel dealer is authorized to sell, so long as the sale
of vessels is incidental to the auction company's primary source of
business and the length of any vessel being sold is no greater than
twenty-five feet. The auction company shall comply with all other
vessel dealer requirements of this chapter and rules adopted ((under
this chapter)) by the department if the ((registration)) vessel dealer
license fees and surety bond requirements in RCW 88.02.060 (as
recodified by this act) are ((waived)) determined to not be due.
Sec. 1034 RCW 88.02.078 and 1987 c 149 s 2 are each amended to
read as follows:
(1) A vessel dealer ((shall)) must have and maintain an office in
which to conduct business at the business address of the dealer.
(2) The vessel dealer's place of business ((shall)) must be
identified by an exterior sign with the business name. In the absence
of other identifiers that the business conducted is a marine business,
the sign must identify the nature of the business, such as marine
sales, service, repair, or manufacturing.
Sec. 1035 RCW 88.02.188 and 1987 c 149 s 12 are each amended to
read as follows:
(1) Except as otherwise provided in this chapter, the director may
by order deny, suspend, or revoke ((the registration of any)) a vessel
dealer license, or in lieu ((there))of or in addition ((there))to, may
by order assess monetary penalties of a civil nature not to exceed one
thousand dollars per violation, if the director finds that the
applicant or ((registrant)) licensee:
(((1))) (a) Is applying for a dealer's ((registration)) license or
has obtained a dealer's ((registration)) license for the purpose of
evading excise taxes on vessels; ((or)) (b) Has been adjudged guilty of a felony that directly
relates to marine trade and the time elapsed since the adjudication is
less than ten years. For purposes of this section, "adjudged guilty"
means, in addition to a final conviction in court, an unvacated
forfeiture of bail or collateral deposited to secure a defendant's
appearance in court, the payment of a fine, a plea of guilty, or a
finding of guilt regardless of whether the sentence is deferred or the
penalty is suspended; ((
(2)or)) (c) Has failed to comply with the trust account requirements
of this chapter; ((
(3)or)) (d) Has failed to transfer a certificate of title to a
purchaser as required in this chapter; ((
(4)or)) (e) Has misrepresented the facts at the time of application
for registration or renewal; or
(5)
(((6))) (f) Has failed to comply with applicable provisions of this
chapter or any rules adopted under it.
(2) The director may deny a vessel dealer license under this
chapter if the application is a subterfuge that conceals the real
person in interest whose vessel dealer license has been denied,
suspended, or revoked for cause under this chapter and (a) the terms
have not been fulfilled or a civil penalty has not been paid or (b) the
director finds that the application was not filed in good faith. This
subsection does not prevent the department from taking an action
against a current vessel dealer licensee.
Sec. 1036 RCW 88.02.112 and 1987 c 149 s 3 are each amended to
read as follows:
Any person engaging in vessel dealer activities without first
obtaining a ((registration certificate)) vessel dealer license is
guilty of a gross misdemeanor.
Sec. 1037 RCW 88.02.115 and 1987 c 149 s 6 are each amended to
read as follows:
(1) In addition to other penalties imposed ((by)) under this
chapter for unauthorized or personal use of vessel dealer display
decals, the director may:
(a) Confiscate all vessel dealer display decals for ((such)) a
period ((as)) that the director deems appropriate((, and in addition,
or in lieu of other sanctions, the director may)); and
(b) Impose a monetary penalty not exceeding twice the amount of
excise tax that should have been paid to properly register each vessel
((properly)). ((A)) The monetary penalty ((assessment)):
(i) May be in addition to or in lieu of other sanctions; and
(ii) Is in addition to any fees owing to properly register each
vessel ((properly)).
(2) Any monetary penalty imposed or vessel dealer display decals
confiscated ((shall)) must be done in accordance with chapter 34.05
RCW. Any monetary penalty imposed by the director and the delinquent
excise taxes collected ((shall)) must be deposited in the general fund.
Sec. 1038 RCW 88.02.189 and 1997 c 58 s 863 are each amended to
read as follows:
The department shall immediately suspend the vessel registration or
vessel dealer's ((registration)) license of a person who has been
certified pursuant to RCW 74.20A.320 by the department of social and
health services as a person who is not in compliance with a support
order ((or a residential or visitation order)). If the person has
continued to meet all other requirements for reinstatement during the
suspension, reissuance of the registration ((shall)) must be automatic
upon the department's receipt of a release issued by the department of
social and health services stating that the licensee is in compliance
with the order.
Sec. 1039 RCW 88.02.220 and 1991 c 339 s 33 are each amended to
read as follows:
(1) A vessel dealer who receives cash or a negotiable instrument of
deposit in excess of one thousand dollars, or a deposit of any amount
that will be held for more than fourteen calendar days, shall place the
funds in a separate trust account.
(((1))) The cash or negotiable instrument must be:
(a) Set aside immediately upon receipt for the trust account, or
endorsed to ((such a)) the trust account immediately upon receipt((.)); and
(2) The cash or negotiable instrument must be
(b) Deposited in the trust account by the close of banking hours on
the day following the receipt.
(((3))) (2) After delivery of the purchaser's vessel, the vessel
dealer shall remove the deposited funds from the trust account.
(((4))) (3) The dealer shall not commingle the purchaser's funds
with any other funds at any time.
(((5))) (4) The funds ((shall)) must remain in the trust account
until the delivery of the purchased vessel. However, upon written
agreement from the purchaser, the vessel dealer may remove and release
trust funds before delivery.
Sec. 1040 RCW 88.02.210 and 1987 c 149 s 10 are each amended to
read as follows:
(1) A vessel dealer shall complete and maintain for a period of at
least three years a record of the purchase and sale of all vessels
purchased or consigned and sold by the vessel dealer. Records
((shall)) must be made available for inspection by the department
during normal business hours.
(2) Before renewal of the vessel dealer ((registration)) license,
the department shall require, on the forms prescribed, a record of the
number of vessels sold during the ((registration)) license year.
Vessel dealers who assert that they qualify for the exemption provided
in RCW 88.02.060(((3))) (2) (as recodified by this act) shall also
record, on forms prescribed, the highest retail value of any vessel
sold in the ((registration)) license year.
Sec. 1041 RCW 88.02.023 and 1987 c 149 s 4 are each amended to
read as follows:
(1) Vessel dealer display decals ((shall)) must only be used:
(((1))) (a) To demonstrate vessels held for sale when operated by
a prospective customer holding a dated demonstration permit((, and
shall)). The demonstration permit must be carried in the vessel at all
times when it is being operated by ((such individual)) a prospective
customer;
(((2))) (b) On vessels owned or consigned for sale that are ((in
fact)) available for sale and being used only for vessel dealer
business purposes by an officer of the corporation, a partner, a
proprietor, or by a bona fide employee of the firm ((if)). A card
((so)) identifying ((any such)) the individual ((is)) as described in
this section must be carried in the vessel at all times it is ((so))
being operated.
(2) A vessel held for sale by a licensed vessel dealer is not
required to be registered and display a registration number and a valid
vessel decal.
Sec. 1042 RCW 88.02.184 and 1987 c 149 s 9 are each amended to
read as follows:
(1) The department may authorize vessel dealers properly
((registered pursuant to)) licensed under this chapter to issue
temporary permits to operate vessels under ((such)) rules ((as))
adopted by the department ((adopts)).
(2) The ((fee)) department, county auditor or other agent, or
subagent appointed by the director shall collect the fee required under
section 1028(1)(a) of this act for each temporary permit application
((distributed)) sold to an authorized vessel dealer ((shall be five
dollars, which shall be credited to the payment of registration fees at
the time application for registration is made)).
Sec. 1043 RCW 88.02.125 and 1994 c 262 s 27 are each amended to
read as follows:
(1) A vessel dealer((s)) shall possess a certificate of
((ownership)) title, a manufacturer's statement of origin, a
carpenter's certificate, or a factory invoice or other evidence of
ownership approved by the department for each vessel in the vessel
dealer's inventory unless the vessel for sale is consigned or subject
to an inventory security agreement. Evidence of ownership ((shall))
must be either in the name of the dealer or in the name of the dealer's
immediate vendor properly assigned.
(2) A vessel dealer may display and sell consigned vessels or
vessels subject to an inventory security agreement if there is a
written and signed consignment agreement for each vessel or an
inventory security agreement covering all inventory vessels. The
consignment agreement ((shall)) must include verification by the vessel
dealer that evidence of ownership by the consignor exists and its
location, the name and address of the registered owner, and the legal
owner, if any. Vessels that are subject to an inventory security
interest ((shall)) must be supported with evidence of ownership that is
in the dealer's possession or the possession of the inventory security
party. Upon payment of the debt secured for that vessel, the secured
party shall deliver the ownership document, appropriately released, to
the dealer. It is the vessel dealer's responsibility to ensure that
ownership documents are available for ownership transfer upon the sale
of the vessel.
(3) Following the retail sale of any vessel, the dealer shall
promptly make application and execute the assignment and warranty of
the certificate of ((ownership)) title. ((Such)) The assignment
((shall)) must show any secured party holding a security interest
created at the time of sale. The dealer shall deliver the certificate
of ((ownership)) of title and application for registration to the
department, county auditor or other agent, or subagent appointed by the
director.
Sec. 1044 RCW 82.49.010 and 2000 c 229 s 5 are each amended to
read as follows:
(1) An excise tax is imposed for the privilege of using a vessel
upon the waters of this state, except vessels exempt under RCW
82.49.020. The annual amount of the excise tax is one-half of one
percent of fair market value, as determined under this chapter, or five
dollars, whichever is greater. Violation of this subsection is a
misdemeanor.
(2) Persons who are required under chapter 88.02 RCW to register a
vessel in this state and who register the vessel in another state or
foreign country and avoid the Washington watercraft excise tax are
guilty of a gross misdemeanor and are liable for such unpaid excise
tax. The department of revenue may assess and collect the unpaid
excise tax under chapter 82.32 RCW, including the penalties and
interest provided in chapter 82.32 RCW.
(3) The excise tax upon a vessel registered for the first time in
this state shall be imposed for a twelve-month period, including the
month in which the vessel is registered, unless the director of
licensing extends or diminishes vessel registration periods for the
purpose of staggered renewal periods under RCW 88.02.050 (as recodified
by this act). A vessel is registered for the first time in this state
when the vessel was not registered in this state for the immediately
preceding registration year, or when the vessel was registered in
another jurisdiction for the immediately preceding year. ((The excise
tax on vessels required to be registered in this state on June 30,
1983, shall be paid by June 30, 1983.))
Sec. 1045 RCW 82.49.030 and 2000 c 103 s 18 are each amended to
read as follows:
(1) The excise tax imposed under this chapter is due and payable to
the department of licensing ((or its agents)), county auditor or other
agent, or subagent appointed by the director of the department of
licensing at the time of registration of a vessel. The department of
licensing shall not issue or renew a registration for a vessel until
the tax is paid in full.
(2) The excise tax collected under this chapter ((shall)) must be
deposited in the general fund.
Sec. 1046 RCW 82.49.065 and 2003 c 53 s 405 are each amended to
read as follows:
(((1) Whenever any person has paid a vessel license fee, and with
the fee has paid an excise tax imposed under this chapter, and the
director of licensing determines that the payor is entitled to a refund
of the entire amount of the license fee as provided by law, then the
payor shall also be entitled to a refund of the entire excise tax
collected under this chapter together with interest at the rate
specified in RCW 82.32.060. If the director determines that any person
is entitled to a refund of only a part of the license fee paid, the
payor shall be entitled to a refund of the difference, if any, between
the excise tax collected and that which should have been collected
together with interest at the rate specified in RCW 82.32.060. The
state treasurer shall determine the amount of such refund by reference
to the applicable excise tax schedule prepared by the department of
revenue in cooperation with the department of licensing.))
(2) If no claim is to be made for the refund of the license fee, or
any part of the fee, but claim is made by any person that he or she has
paid an erroneously excessive amount of excise tax, the department of
licensing shall determine in the manner generally provided in this
chapter the amount of such excess, if any, that has been paid and shall
certify to the state treasurer that the person is entitled to a refund
in that amount together with interest at the rate specified in RCW
82.32.060.
(3) If due to error a person has been required to pay an excise tax
pursuant to this chapter and a license fee under chapter 88.02 RCW
which amounts to an overpayment of ten dollars or more, such person
shall be entitled to a refund of the entire amount of such overpayment,
together with interest at the rate specified in RCW 82.32.060,
regardless of whether a refund of the overpayment has been requested.
If due to error the department or its agents has failed to collect the
full amount of the license fee and excise tax due, which underpayment
is in the amount of ten dollars or more, the department shall charge
and collect such additional amount as will constitute full payment of
the tax and any penalties or interest at the rate specified in RCW
82.32.050.
(4) If the department approves the claim, it shall notify the state
treasurer to that effect and the treasurer shall make such approved
refunds and the other refunds provided for in this section from the
general fund and shall mail or deliver the same to the person entitled
to the refund.
(5) Any person who makes a false statement under which he or she
obtains a refund to which he or she is not entitled under this section
is guilty of a gross misdemeanor.
(1) Refunds of the excise tax imposed under this chapter must be
handled in the same manner and under the same terms and conditions as
provided in RCW 88.02.055 (as recodified by this act).
(2) The excise tax imposed under this chapter may be refunded to
the person who paid the excise tax at the same time the registration
fee under chapter 88.02 RCW was paid. The amount of the excise tax
that may be refunded includes:
(a) The entire amount of the excise tax, if the entire amount of
the registration fee is also refunded; or
(b) Any amount that was greater than the amount due.
(3) Excise tax refunds include interest at the rate specified in
RCW 82.32.060.
NEW SECTION. Sec. 1047 The following acts or parts of acts are
each repealed:
(1) RCW 88.02.025 (Registration of vessels numbered under the
federal boat safety act) and 1984 c 250 s 3;
(2) RCW 88.02.028 (Registration of rented vessels -- Dealer's
vessels -- Dealer registration numbers not transferable) and 1987 c 149
s 5;
(3) RCW 88.02.090 (Inspection of registration -- Violation of
chapter -- Penalty) and 2006 c 29 s 2 & 1983 c 7 s 21;
(4) RCW 88.02.100 (Rule-making authority) and 1983 c 7 s 20;
(5) RCW 88.02.130 (Class A title certificates) and 1985 c 258 s 7;
(6) RCW 88.02.140 (Issuance of class A title certificates -- Required
evidence) and 1985 c 258 s 8;
(7) RCW 88.02.150 (Issuance of class A title certificates--Limitation) and 1985 c 258 s 9;
(8) RCW 88.02.160 (Class B title certificates) and 1985 c 258 s 2;
(9) RCW 88.02.170 (Class A and class B title certificates to have
apparent distinctions -- Class B certificate to bear legend) and 1985 c
258 s 5;
(10) RCW 88.02.190 (Inspection of vessels) and 1985 c 258 s 10;
(11) RCW 88.02.235 (Denial of license) and 1997 c 432 s 3; and
(12) RCW 88.02.270 (Derelict vessel removal surcharge) and 2007 c
342 s 7.
Sec. 1101 RCW 19.116.050 and 2000 c 171 s 71 are each amended to
read as follows:
A dealer engages in an act of unlawful transfer of ownership
interest in motor vehicles when all of the following circumstances are
met:
(1) The dealer does not pay off any balance due to the secured
party on a vehicle acquired by the dealer, no later than the close of
the second business day after the acquisition date of the vehicle; and
(2) The dealer does not obtain a certificate of ((ownership)) title
under RCW 46.70.124 for each used vehicle kept in his or her possession
unless that certificate is in the possession of the person holding a
security interest in the dealer's inventory; and
(3) The dealer does not transfer the certificate of ((ownership))
title after the transferee has taken possession of the motor vehicle.
Sec. 1102 RCW 28B.10.890 and 1994 c 194 s 7 are each amended to
read as follows:
A collegiate license plate fund is established in the custody of
the state treasurer for each college or university with a collegiate
license plate program approved by the department (([of licensing])) of
licensing under RCW 46.16.324 (as recodified by this act). All
receipts from collegiate license plates authorized under ((RCW
46.16.301 shall)) section 521 of this act must be deposited in the
appropriate local college or university nonappropriated, nonallotted
fund. Expenditures from the funds may be used only for student
scholarships. Only the president of the college or university or the
president's designee may authorize expenditures from the fund.
Sec. 1103 RCW 29A.04.037 and 2003 c 111 s 107 are each amended to
read as follows:
"Disabled voter" means any registered voter who qualifies for
special parking privileges under ((RCW 46.16.381)) section 701 of this
act, or who is defined as blind under RCW 74.18.020, or who qualifies
to require assistance with voting under RCW 29A.44.240.
Sec. 1104 RCW 35A.46.010 and 1967 ex.s. c 119 s 35A.46.010 are
each amended to read as follows:
The provisions of Title 46 ((of the Revised Code of Washington))
RCW relating to regulation of motor vehicles shall be applicable to
code cities((,)) and its officers and employees to the same extent as
such provisions grant powers and impose duties upon cities of any
class((,)) and their officers and agents, including without limitation
the following: (1) Authority to provide for angle parking on certain
city streets designated as forming a route of a primary state highway
as authorized in RCW 46.61.575; (2) application of city police
regulations to port districts as authorized by RCW 53.08.230; (3)
authority to establish local regulations relating to city streets
forming a part of the state highway system as authorized by RCW
46.44.080; (4) ((authority to install and operate a station for the
inspection of vehicle equipment in conformity with rules, regulations,
procedure and standards prescribed by the Washington state patrol as
authorized under RCW 46.32.030; (5))) exemption from the payment of
vehicle license fees for city owned vehicles as authorized by RCW
46.16.020 (as recodified by this act) and ((46.16.290)) section 422(8)
of this act; (((6))) (5) authority to establish traffic schools as
provided by chapter 46.83 RCW; and (((7))) (6) authority to enforce the
provisions of RCW 81.48.050 relating to railroad crossings.
Sec. 1105 RCW 41.04.007 and 2007 c 448 s 1 are each amended to
read as follows:
"Veteran" includes every person, who at the time he or she seeks
the benefits of section 613 of this act, section 619 of this act, or
RCW ((46.16.30920,)) 72.36.030, 41.04.010, 73.04.090, ((73.04.110,))
73.08.010, 73.08.070, 73.08.080, or 43.180.250 has received an
honorable discharge or received a discharge for medical reasons with an
honorable record, where applicable, and who has served in at least one
of the following capacities:
(1) As a member in any branch of the armed forces of the United
States, including the national guard and armed forces reserves, and has
fulfilled his or her initial military service obligation;
(2) As a member of the women's air forces service pilots;
(3) As a member of the armed forces reserves, national guard, or
coast guard, and has been called into federal service by a presidential
select reserve call up for at least one hundred eighty cumulative days;
(4) As a civil service crewmember with service aboard a U.S. army
transport service or U.S. naval transportation service vessel in
oceangoing service from December 7, 1941, through December 31, 1946;
(5) As a member of the Philippine armed forces/scouts during the
period of armed conflict from December 7, 1941, through August 15,
1945; or
(6) A United States documented merchant mariner with service aboard
an oceangoing vessel operated by the department of defense, or its
agents, from both June 25, 1950, through July 27, 1953, in Korean
territorial waters and from August 5, 1964, through May 7, 1975, in
Vietnam territorial waters, and who received a military commendation.
Sec. 1106 RCW 43.60A.140 and 2008 c 183 s 3 are each amended to
read as follows:
(1) The veterans stewardship account is created in the custody of
the state treasurer. Disbursements of funds must be on the
authorization of the director or the director's designee, and only for
the purposes stated in subsection (4) of this section. In order to
maintain an effective expenditure and revenue control, funds are
subject in all respects to chapter 43.88 RCW, but no appropriation is
required to permit expenditure of the funds.
(2) The department may request and accept nondedicated
contributions, grants, or gifts in cash or otherwise, including funds
generated by the issuance of the armed forces license plate collection
under chapter ((46.16)) 46.... RCW (the new chapter created in section
1224 of this act).
(3) All receipts((, except as provided in RCW 46.16.313(20) (a) and
(b),)) from the sale of armed forces license plates as required under
section 521(1)(b) of this act must be deposited into the veterans
stewardship account.
(4) All moneys deposited into the veterans stewardship account must
be used by the department for activities that benefit veterans or their
families, including but not limited to, providing programs and services
for homeless veterans; establishing memorials honoring veterans; and
maintaining a future state veterans' cemetery. Funds from the account
may not be used to supplant existing funds received by the department.
Sec. 1107 RCW 46.01.030 and 1990 c 250 s 14 are each amended to
read as follows:
The department ((shall be)) is responsible for administering and
recommending the improvement of the motor vehicle laws of this state
relating to:
(1) Driver examining and licensing;
(2) Driver improvement;
(3) Driver records;
(4) Financial responsibility;
(5) Certificates of ((ownership)) title;
(6) ((certificates of license)) Vehicle registration certificates
and license plates;
(7) Proration and reciprocity;
(8) Liquid fuel tax collections;
(9) Licensing of dealers, motor vehicle transporters, motor vehicle
wreckers, for hire vehicles, and drivers' schools;
(10) General highway safety promotion in cooperation with the
Washington state patrol and traffic safety commission; and
(11) Such other activities as the legislature may provide.
Sec. 1108 RCW 46.01.040 and 1983 c 3 s 117 are each amended to
read as follows:
The department ((of licensing)) is vested with all powers,
functions, and duties with respect to and including the following:
(1) The motor vehicle fuel excise tax as provided in chapter 82.36
RCW;
(2) The special fuel tax as provided in chapter 82.38 RCW;
(3) The motor vehicle excise tax as provided in chapter 82.44 RCW;
(4) The ((house trailer)) travel trailers and campers excise tax as
provided in chapter 82.50 RCW;
(5) All general powers and duties relating to motor vehicles as
provided in chapter 46.08 RCW;
(6) Certificates of ((ownership)) title and registration
certificates as provided in chapters 46.12 and 46.16 RCW;
(7) The registration ((and licensing)) of motor vehicles as
provided in chapter((s 46.12 and)) 46.16 RCW;
(8) Dealers' licenses as provided in chapter 46.70 RCW;
(9) The licensing of motor vehicle transporters as provided in
chapter 46.76 RCW;
(10) The licensing of ((motor)) vehicle wreckers as provided in
chapter 46.80 RCW;
(11) The administration of the laws relating to reciprocal or
proportional registration of motor vehicles as provided in chapter
46.85 RCW;
(12) The licensing of passenger vehicles for hire as provided in
chapter 46.72 RCW;
(13) ((Operators')) Drivers' licenses as provided in chapter 46.20
RCW;
(14) Commercial driver training schools as provided in chapter
46.82 RCW;
(15) Financial responsibility as provided in chapter 46.29 RCW;
(16) Accident reporting as provided in chapter 46.52 RCW;
(17) Disposition of revenues as provided in chapter 46.68 RCW; and
(18) The administration of all other laws relating to motor
vehicles vested in the director of licenses on June 30, 1965.
Sec. 1109 RCW 46.01.160 and 1965 c 156 s 16 are each amended to
read as follows:
The director shall prescribe and provide suitable forms of
applications, certificates of ((ownership)) title and registration
certificates, drivers' licenses, and all other forms and licenses
requisite or deemed necessary to carry out the provisions of this title
((46 RCW)) and any other laws the enforcement and administration of
which are vested in the department.
Sec. 1110 RCW 46.01.320 and 2005 c 319 s 115 are each amended to
read as follows:
The title and registration advisory committee is created within the
department. The committee consists of the director or a designee, who
shall serve as chair, the assistant director for vehicle services, the
administrator of title and registration services, two members from each
of the house and senate transportation committees, two county auditors
nominated by the Washington association of county officials, and two
representatives of subagents nominated by an association of vehicle
subagents. The committee shall meet at least twice a year, and may
meet as often as is necessary.
The committee's purpose is to foster communication between the
legislature, the department, county auditors, and subagents. The
committee shall make recommendations about revisions to fee structures,
implications of fee revisions on cost sharing, and the development of
standard contracts provided for in RCW 46.01.140(((3))) (1)(a) and
(4)(a).
Sec. 1111 RCW 46.08.010 and 1990 c 42 s 207 are each amended to
read as follows:
The provisions of this title relating to ((the)) certificates of
((ownership)) title, ((certificate of license)) registration
certificates, vehicle licenses, vehicle license plates, and ((vehicle
operator's)) drivers' licenses shall be exclusive and no political
subdivision of the state of Washington shall require or issue any
licenses or certificates for the same or a similar purpose ((except as
provided in RCW 82.80.020)), nor shall any city or town in this state
impose a tax, license, or other fee upon vehicles operating exclusively
between points outside of such city or town limits, and to points
therein.
Sec. 1112 RCW 46.08.150 and 1995 c 384 s 2 are each amended to
read as follows:
The director of general administration shall have power to devise
and promulgate rules and regulations for the control of vehicular and
pedestrian traffic and the parking of motor vehicles on the state
capitol grounds. However, the monetary penalty for parking a motor
vehicle without a valid special license plate or placard in a parking
place reserved for ((physically disabled)) persons with physical
disabilities shall be the same as provided in ((RCW 46.16.381)) section
706 of this act. Such rules and regulations shall be promulgated by
publication in one issue of a newspaper published at the state capitol
and shall be given such further publicity as the director may deem
proper.
Sec. 1113 RCW 46.20.025 and 1999 c 6 s 6 are each amended to read
as follows:
The following persons may operate a motor vehicle on a Washington
highway without a valid Washington driver's license:
(1) A member of the United States Army, Navy, Air Force, Marine
Corps, or Coast Guard, or in the service of the National Guard of this
state or any other state, if licensed by the military to operate an
official motor vehicle in such service;
(2) A nonresident driver who is at least:
(a) Sixteen years of age and has immediate possession of a valid
driver's license issued to the driver by his or her home state; or
(b) Fifteen years of age with:
(i) A valid instruction permit issued to the driver by his or her
home state; and
(ii) A licensed driver who has had at least five years of driving
experience occupying a seat beside the driver; or
(c) Sixteen years of age and has immediate possession of a valid
driver's license issued to the driver by his or her home country. A
nonresident driver may operate a motor vehicle in this state under this
subsection (2)(c) for up to one year;
(3) Any person operating special highway construction equipment as
defined in ((RCW 46.16.010)) section 144 of this act;
(4) Any person while driving or operating any farm tractor or
implement of husbandry that is only incidentally operated or moved over
a highway; or
(5) An operator of a locomotive upon rails, including a railroad
crossing over a public highway. A locomotive operator is not required
to display a driver's license to any law enforcement officer in
connection with the operation of a locomotive or train within this
state.
Sec. 1114 RCW 46.29.605 and 1981 c 309 s 6 are each amended to
read as follows:
(1) Whenever the involvement in a motor vehicle accident in this
state results in the driving privilege of a person being suspended for
failure to pay a judgment or deposit security, the department shall
suspend the Washington registration of the motor vehicle if the person
driving at the time of the accident was also the registered owner of
the motor vehicle.
(2) A notice of suspension shall be mailed by first-class mail to
the owner's last known address of record in the department and shall be
effective notwithstanding the owner's failure to receive the notice.
(3) Upon suspension of the registration of a motor vehicle, the
registered owner shall surrender all vehicle license plates registered
to the vehicle. The department shall destroy the license plates and,
upon reinstatement of the registration, shall issue new vehicle license
plates as provided in ((RCW 46.16.270)) section 422(9) of this act.
(4) Failure to surrender license plates under subsection (3) of
this section is a misdemeanor punishable by imprisonment for not less
than one day nor more than five days and by a fine of not less than
fifty dollars nor more than two hundred fifty dollars.
(5) No vehicle license plates ((or)), certificate of ((ownership))
title, or registration certificate for a motor vehicle may be issued,
and no vehicle ((license)) registration may be renewed during the time
the registration of the motor vehicle is suspended.
(6) Any person who operates a vehicle in this state while the
registration of the vehicle is suspended is guilty of a gross
misdemeanor and upon conviction thereof shall be imprisoned for not
less than two days nor more than five days and fined not less than one
hundred dollars nor more than five hundred dollars.
Sec. 1115 RCW 46.30.020 and 2003 c 221 s 1 are each amended to
read as follows:
(1)(a) No person may operate a motor vehicle subject to
registration under chapter 46.16 RCW in this state unless the person is
insured under a motor vehicle liability policy with liability limits of
at least the amounts provided in RCW 46.29.090, is self-insured as
provided in RCW 46.29.630, is covered by a certificate of deposit in
conformance with RCW 46.29.550, or is covered by a liability bond of at
least the amounts provided in RCW 46.29.090. Written proof of
financial responsibility for motor vehicle operation must be provided
on the request of a law enforcement officer in the format specified
under RCW 46.30.030.
(b) A person who drives a motor vehicle that is required to be
registered in another state that requires drivers and owners of
vehicles in that state to maintain insurance or financial
responsibility shall, when requested by a law enforcement officer,
provide evidence of financial responsibility or insurance as is
required by the laws of the state in which the vehicle is registered.
(c) When asked to do so by a law enforcement officer, failure to
display an insurance identification card as specified under RCW
46.30.030 creates a presumption that the person does not have motor
vehicle insurance.
(d) Failure to provide proof of motor vehicle insurance is a
traffic infraction and is subject to penalties as set by the supreme
court under RCW 46.63.110 or community restitution.
(2) If a person cited for a violation of subsection (1) of this
section appears in person before the court or a violations bureau and
provides written evidence that at the time the person was cited, he or
she was in compliance with the financial responsibility requirements of
subsection (1) of this section, the citation shall be dismissed and the
court or violations bureau may assess court administrative costs of
twenty-five dollars at the time of dismissal. In lieu of personal
appearance, a person cited for a violation of subsection (1) of this
section may, before the date scheduled for the person's appearance
before the court or violations bureau, submit by mail to the court or
violations bureau written evidence that at the time the person was
cited, he or she was in compliance with the financial responsibility
requirements of subsection (1) of this section, in which case the
citation shall be dismissed without cost, except that the court or
violations bureau may assess court administrative costs of twenty-five
dollars at the time of dismissal.
(3) The provisions of this chapter shall not govern:
(a) The operation of a motor vehicle registered under ((RCW
46.16.305(1))) section 623 of this act, governed by RCW 46.16.020 (as
recodified by this act), or registered with the Washington utilities
and transportation commission as common or contract carriers; or
(b) The operation of a motorcycle as defined in RCW 46.04.330, a
motor-driven cycle as defined in RCW 46.04.332, or a moped as defined
in RCW 46.04.304.
(4) RCW 46.29.490 shall not be deemed to govern all motor vehicle
liability policies required by this chapter but only those certified
for the purposes stated in chapter 46.29 RCW.
Sec. 1116 RCW 46.32.100 and 2009 c 46 s 4 are each amended to
read as follows:
(1)(a) In addition to all other penalties provided by law, and
except as provided otherwise in (a)(i), (ii), or (iii) of this
subsection, a commercial motor vehicle that is subject to compliance
reviews under this chapter and an officer, agent, or employee of a
company operating a commercial motor vehicle who violates or who
procures, aids, or abets in the violation of this title or any order or
rule of the state patrol is liable for a penalty of one hundred dollars
for each violation.
(i) It is a violation of this chapter for a person operating a
commercial motor vehicle to fail to comply with the requirements of 49
C.F.R. Pt. 382, controlled substances and alcohol use and testing, 49
C.F.R. Sec. 391.15, disqualification of drivers, and 49 C.F.R. Sec.
396.9(c)(2), moving a vehicle placed out of service before the out of
service defects have been satisfactorily repaired. For each violation
the person is liable for a penalty of five hundred dollars.
(ii) The driver of a commercial motor vehicle who violates an out-of-service order is liable for a penalty of at least one thousand one
hundred dollars but not more than two thousand seven hundred fifty
dollars for each violation.
(iii) An employer who allows a driver to operate a commercial motor
vehicle when there is an out-of-service order is liable for a penalty
of at least two thousand seven hundred fifty dollars but not more than
eleven thousand dollars for each violation.
(iv) Each violation under this subsection (1)(a) is a separate and
distinct offense, and in case of a continuing violation every day's
continuance is a separate and distinct violation.
(b) In addition to all other penalties provided by law, any motor
carrier, company, or any officer or agent of a motor carrier or company
operating a commercial motor vehicle subject to compliance reviews
under this chapter who refuses entry or to make the required records,
documents, and vehicles available to a duly authorized agent of the
state patrol is liable for a penalty of at least five thousand dollars
as well as an out-of-service order being placed on the department of
transportation number, as defined in RCW 46.16.004 (as recodified by
this act), and vehicle registration to operate. Each violation is a
separate and distinct offense, and in case of a continuing violation
every day's continuance is a separate and distinct violation.
(c) A motor carrier operating a commercial motor vehicle after
receiving a final unsatisfactory rating or being placed out of service
is liable for a penalty of not more than eleven thousand dollars for
each violation. Each violation is a separate and distinct offense, and
in case of a continuing violation every day's continuance is a separate
and distinct violation.
(d) A high-risk carrier is liable for double the amount of the
penalty of a prior violation if the high-risk carrier repeats the same
violation during a follow-up compliance review. Each repeat violation
is a separate and distinct offense, and in case of a repeat continuing
violation every day's continuance is a separate and distinct violation.
(2) The Washington state patrol may place an out-of-service order
on a department of transportation number, as defined in RCW 46.16.004
(as recodified by this act), for violations of this chapter or for
nonpayment of any monetary penalties assessed by the state patrol or
the utilities and transportation commission, as a result of compliance
reviews, or for violations of cease and desist orders issued by the
utilities and transportation commission. The state patrol shall notify
the department of licensing when an out-of-service order has been
placed on a motor carrier's department of transportation number. The
state patrol shall notify the motor carrier when there has been an out-
of- service order placed on the motor carrier's department of
transportation number and the vehicle registrations have been revoked
by sending a notice by first-class mail using the last known address
for the registered or legal owner or owners, and recording the
transmittal on an affidavit of first-class mail. Notices under this
section fulfill the requirements of RCW 46.12.160 (as recodified by
this act). Motor carriers may not be eligible for a new department of
transportation number, vehicle registration, or temporary permits to
operate unless the violations that resulted in the out-of-service order
have been corrected.
(3) Any penalty provided in this section is due and payable when
the person incurring it receives a notice in writing from the state
patrol describing the violation and advising the person that the
penalty is due.
(a)(i) Any motor carrier who incurs a penalty as provided in this
section, except for a high-risk carrier that incurs a penalty for a
repeat violation during a follow-up compliance review, may, upon
written application, request that the state patrol mitigate the
penalty. An application for mitigation must be received by the state
patrol within twenty days of the receipt of notice.
(ii) The state patrol may decline to consider any application for
mitigation.
(b) Any motor carrier who incurs a penalty as provided in this
section has a right to an administrative hearing under chapter 34.05
RCW to contest the violation or the penalty imposed, or both. In all
such hearings, the procedure and rules of evidence are as specified in
chapter 34.05 RCW except as otherwise provided in this chapter. Any
request for an administrative hearing must be made in writing and must
be received by the state patrol within twenty days after the later of
(i) receipt of the notice imposing the penalty, or (ii) disposition of
a request for mitigation, or the right to a hearing is waived.
(c) All penalties recovered under this section shall be paid into
the state treasury and credited to the state patrol highway account of
the motor vehicle fund.
Sec. 1117 RCW 46.44.0941 and 2004 c 109 s 1 are each amended to
read as follows:
The following fees, in addition to the regular license and tonnage
fees, shall be paid for all movements under special permit made upon
state highways. All funds collected, except the amount retained by
authorized agents of the department as provided in RCW 46.44.096, shall
be forwarded to the state treasury and shall be deposited in the motor
vehicle fund:
All overlegal loads, except overweight, single
trip . . . . . . . . . . . . $ 10.00
Continuous operation of overlegal loads
having either overwidth or overheight
features only, for a period not to exceed
thirty days . . . . . . . . . . . . $ 20.00
Continuous operations of overlegal loads
having overlength features only, for a
period not to exceed thirty days . . . . . . . . . . . . $ 10.00
Continuous operation of a combination of
vehicles having one trailing unit that
exceeds fifty-three feet and is not
more than fifty-six feet in length, for
a period of one year . . . . . . . . . . . . $ 100.00
Continuous operation of a combination of
vehicles having two trailing units
which together exceed sixty-one feet and
are not more than sixty-eight feet in
length, for a period of one year . . . . . . . . . . . . $ 100.00
Continuous operation of a three-axle fixed
load vehicle having less than 65,000
pounds gross weight, for a period not
to exceed thirty days . . . . . . . . . . . . $ 70.00
Continuous operation of a four-axle fixed load
vehicle meeting the requirements of
RCW 46.44.091(1) and weighing less than
86,000 pounds gross weight, not to exceed
thirty days . . . . . . . . . . . . $ 90.00
Continuous movement of a mobile home or manufactured
home having nonreducible features not to
exceed eighty-five feet in total length and
fourteen feet in width, for a period of
one year . . . . . . . . . . . . $ 150.00
Continuous operation of a class C tow truck or a
class E tow truck with a class C rating while
performing emergency and nonemergency tows of
oversize or overweight, or both, vehicles and
vehicle combinations, under rules adopted by the
transportation commission, for a period of
one year . . . . . . . . . . . . $ 150.00
Continuous operation of a class B tow truck or a
class E tow truck with a class B rating while
performing emergency and nonemergency tows of
oversize or overweight, or both, vehicles and
vehicle combinations, under rules adopted by the
transportation commission, for a period of
one year . . . . . . . . . . . . $ 75.00
Continuous operation of a two or three-axle
collection truck, actually engaged in the
collection of solid waste or recyclables,
or both, under chapter 81.77 or 35.21 RCW
or by contract under RCW 36.58.090, for
one year with an additional six thousand
pounds more than the weight authorized in
RCW 46.16.070 (as recodified by this act)
on the rear axle of a two-axle
truck or eight thousand pounds for the tandem
axles of a three-axle truck. RCW 46.44.041
and 46.44.091 notwithstanding, the tire limits
specified in RCW 46.44.042 apply, but none of
the excess weight is valid or may be permitted
on any part of the federal interstate highway
system . . . . . . . . . . . . $ 42.00
per thousand pounds
The department may issue any of the above-listed permits that
involve height, length, or width for an expanded period of consecutive
months, not to exceed one year.
Continuous operation of farm implements under a permit issued as
authorized by RCW 46.44.140 by:
(1) Farmers in the course of farming activities,
for any three-month period . . . . . . . . . . . . $ 10.00
(2) Farmers in the course of farming activities,
for a period not to exceed one year . . . . . . . . . . . . $ 25.00
(3) Persons engaged in the business of the
sale, repair, or maintenance of such
farm implements, for any three-month period . . . . . . . . . . . . $ 25.00
(4) Persons engaged in the business of the
sale, repair, or maintenance of such
farm implements, for a period not to
exceed one year . . . . . . . . . . . . $ 100.00
| Overweight Fee Schedule | ||||
| Excess weight over legal capacity, as provided in RCW 46.44.041. | Cost per mile. | |||
| 0- 9,999 pounds | . . . . . . . . . . . . | $ | .07 | |
| 10,000-14,999 pounds | . . . . . . . . . . . . | $ | .14 | |
| 15,000-19,999 pounds | . . . . . . . . . . . . | $ | .21 | |
| 20,000-24,999 pounds | . . . . . . . . . . . . | $ | .28 | |
| 25,000-29,999 pounds | . . . . . . . . . . . . | $ | .35 | |
| 30,000-34,999 pounds | . . . . . . . . . . . . | $ | .49 | |
| 35,000-39,999 pounds | . . . . . . . . . . . . | $ | .63 | |
| 40,000-44,999 pounds | . . . . . . . . . . . . | $ | .79 | |
| 45,000-49,999 pounds | . . . . . . . . . . . . | $ | .93 | |
| 50,000-54,999 pounds | . . . . . . . . . . . . | $ | 1.14 | |
| 55,000-59,999 pounds | . . . . . . . . . . . . | $ | 1.35 | |
| 60,000-64,999 pounds | . . . . . . . . . . . . | $ | 1.56 | |
| 65,000-69,999 pounds | . . . . . . . . . . . . | $ | 1.77 | |
| 70,000-74,999 pounds | . . . . . . . . . . . . | $ | 2.12 | |
| 75,000-79,999 pounds | . . . . . . . . . . . . | $ | 2.47 | |
| 80,000-84,999 pounds | . . . . . . . . . . . . | $ | 2.82 | |
| 85,000-89,999 pounds | . . . . . . . . . . . . | $ | 3.17 | |
| 90,000-94,999 pounds | . . . . . . . . . . . . | $ | 3.52 | |
| 95,000-99,999 pounds | . . . . . . . . . . . . | $ | 3.87 | |
| 100,000 pounds | . . . . . . . . . . . . | $ | 4.25 | |
Sec. 1118 RCW 46.44.170 and 2005 c 399 s 1 are each amended to
read as follows:
(1) Any person moving a mobile home as defined in RCW 46.04.302 or
a park model trailer as defined in RCW 46.04.622 upon public highways
of the state must obtain:
(a) A special permit from the department of transportation and
local authorities pursuant to RCW 46.44.090 and 46.44.093 and shall pay
the proper fee as prescribed by RCW 46.44.0941 and 46.44.096; and
(b) For mobile homes constructed before June 15, 1976, and already
situated in the state: (i) A certification from the department of
labor and industries that the mobile home was inspected for fire
safety; or (ii) an affidavit in the form prescribed by the department
of ((community, trade, and economic development)) commerce signed by
the owner at the county treasurer's office at the time of the
application for the movement permit stating that the mobile home is
being moved by the owner for his or her continued occupation or use; or
(iii) a copy of the certificate of ((ownership or)) title together with
an affidavit signed under penalty of perjury by the certified owner
stating that the mobile home is being transferred to a wrecking yard or
similar facility for disposal. In addition, the destroyed mobile home
must be removed from the assessment rolls of the county and any
outstanding taxes on the destroyed mobile home must be removed by the
county treasurer.
(2) A special permit issued as provided in subsection (1) of this
section for the movement of any mobile home or a park model trailer
that is assessed for purposes of property taxes shall not be valid
until the county treasurer of the county in which the mobile home or
park model trailer is located shall endorse or attach his or her
certificate that all property taxes which are a lien or which are
delinquent, or both, upon the mobile home or park model trailer being
moved have been satisfied. Further, any mobile home or park model
trailer required to have a special movement permit under this section
shall display an easily recognizable decal. However, endorsement or
certification by the county treasurer and the display of the decal is
not required:
(a) When a mobile home or park model trailer is to enter the state
or is being moved from a manufacturer or distributor to a retail sales
outlet or directly to the purchaser's designated location or between
retail and sales outlets;
(b) When a signed affidavit of destruction is filed with the county
assessor and the mobile home or park model trailer is being moved to a
disposal site by a landlord as defined in RCW 59.20.030 after (i) the
mobile home or park model trailer has been abandoned as defined in RCW
59.20.030; or (ii) a final judgment for restitution of the premises
under RCW 59.18.410 has been executed in favor of the landlord with
regard to the mobile home or park model trailer. The mobile home or
park model trailer will be removed from the tax rolls and, upon
notification by the assessor, any outstanding taxes on the destroyed
mobile home or park model trailer will be removed by the county
treasurer; or
(c) When a signed affidavit of destruction is filed with the county
assessor by any mobile home or park model trailer owner or any property
owner with an abandoned mobile home or park model trailer, the same
shall be removed from the tax rolls and upon notification by the
assessor, any outstanding taxes on the destroyed mobile home or park
model trailer shall be removed by the county treasurer.
(3) If the landlord of a mobile home park takes ownership of a
mobile home or park model trailer with the intent to resell or rent the
same under RCW 59.20.030 after (a) the mobile home or park model
trailer has been abandoned as defined in RCW 59.20.030; or (b) a final
judgment for restitution of the premises under RCW 59.18.410 has been
executed in favor of the landlord with regard to the mobile home or
park model trailer, the outstanding taxes become the responsibility of
the landlord.
(4) It is the responsibility of the owner of the mobile home or
park model trailer subject to property taxes or the agent to obtain the
endorsement and decal from the county treasurer before a mobile home or
park model trailer is moved.
(5) This section does not prohibit the issuance of vehicle license
plates for a mobile home or park model trailer subject to property
taxes, but plates shall not be issued unless the mobile home or park
model trailer subject to property taxes for which plates are sought has
been listed for property tax purposes in the county in which it is
principally located and the appropriate fee for the license has been
paid.
(6) The department of transportation, the department of labor and
industries, and local authorities are authorized to adopt reasonable
rules for implementing the provisions of this section. The department
of transportation shall adopt rules specifying the design, reflective
characteristics, annual coloration, and for the uniform implementation
of the decal required by this section. ((By January 1, 2006,)) The
department of labor and industries shall ((also)) adopt procedures for
notifying destination local jurisdictions concerning the arrival of
mobile homes that failed safety inspections.
Sec. 1119 RCW 46.55.105 and 2002 c 279 s 10 are each amended to
read as follows:
(1) The abandonment of any vehicle creates a prima facie
presumption that the last registered owner of record is responsible for
the abandonment and is liable for costs incurred in removing, storing,
and disposing of the abandoned vehicle, less amounts realized at
auction.
(2) If an unauthorized vehicle is found abandoned under subsection
(1) of this section and removed at the direction of law enforcement,
the last registered owner of record is guilty of the traffic infraction
of "littering -- abandoned vehicle," unless the vehicle is redeemed as
provided in RCW 46.55.120. In addition to any other monetary penalty
payable under chapter 46.63 RCW, the court shall not consider all
monetary penalties as having been paid until the court is satisfied
that the person found to have committed the infraction has made
restitution in the amount of the deficiency remaining after disposal of
the vehicle under RCW 46.55.140.
(3) A vehicle theft report filed with a law enforcement agency
relieves the last registered owner of liability under subsection (2) of
this section for failure to redeem the vehicle. However, the last
registered owner remains liable for the costs incurred in removing,
storing, and disposing of the abandoned vehicle under subsection (1) of
this section. Nothing in this section limits in any way the registered
owner's rights in a civil action or as restitution in a criminal action
against a person responsible for the theft of the vehicle.
(4) Properly filing a report of sale or transfer regarding the
vehicle involved in accordance with RCW 46.12.101 (1) through (3) (as
recodified by this act) relieves the last registered owner of liability
under subsections (1) and (2) of this section. If the date of sale as
indicated on the report of sale is on or before the date of
impoundment, the buyer identified on the latest properly filed report
of sale with the department is assumed liable for the costs incurred in
removing, storing, and disposing of the abandoned vehicle, less amounts
realized at auction. If the date of sale is after the date of
impoundment, the previous registered owner is assumed to be liable for
such costs. A licensed vehicle dealer is not liable under subsections
(1) and (2) of this section if the dealer, as transferee or assignee of
the last registered owner of the vehicle involved, has complied with
the requirements of RCW 46.70.122 upon selling or otherwise disposing
of the vehicle, or if the dealer has timely filed a transitional
ownership record or report of sale under RCW 46.12.103 (as recodified
by this act). In that case the person to whom the licensed vehicle
dealer has sold or transferred the vehicle is assumed liable for the
costs incurred in removing, storing, and disposing of the abandoned
vehicle, less amounts realized at auction.
(5) For the purposes of reporting notices of traffic infraction to
the department under RCW 46.20.270 and 46.52.101, and for purposes of
reporting notices of failure to appear, respond, or comply regarding a
notice of traffic infraction to the department under RCW 46.63.070(6),
a traffic infraction under subsection (2) of this section is not
considered to be a standing, stopping, or parking violation.
(6) A notice of infraction for a violation of this section may be
filed with a court of limited jurisdiction organized under Title 3, 35,
or 35A RCW, or with a violations bureau subject to the court's
jurisdiction.
Sec. 1120 RCW 46.55.113 and 2007 c 242 s 1 and 2007 c 86 s 1 are
each reenacted and amended to read as follows:
(1) Whenever the driver of a vehicle is arrested for a violation of
RCW 46.61.502, 46.61.504, 46.20.342, or 46.20.345, the vehicle is
subject to summary impoundment, pursuant to the terms and conditions of
an applicable local ordinance or state agency rule at the direction of
a law enforcement officer.
(2) In addition, a police officer may take custody of a vehicle, at
his or her discretion, and provide for its prompt removal to a place of
safety under any of the following circumstances:
(a) Whenever a police officer finds a vehicle standing upon the
roadway in violation of any of the provisions of RCW 46.61.560, the
officer may provide for the removal of the vehicle or require the
driver or other person in charge of the vehicle to move the vehicle to
a position off the roadway;
(b) Whenever a police officer finds a vehicle unattended upon a
highway where the vehicle constitutes an obstruction to traffic or
jeopardizes public safety;
(c) Whenever a police officer finds an unattended vehicle at the
scene of an accident or when the driver of a vehicle involved in an
accident is physically or mentally incapable of deciding upon steps to
be taken to protect his or her property;
(d) Whenever the driver of a vehicle is arrested and taken into
custody by a police officer;
(e) Whenever a police officer discovers a vehicle that the officer
determines to be a stolen vehicle;
(f) Whenever a vehicle without a special license plate, placard, or
decal indicating that the vehicle is being used to transport a person
with disabilities under ((RCW 46.16.381)) section 701 of this act is
parked in a stall or space clearly and conspicuously marked under RCW
46.61.581 which space is provided on private property without charge or
on public property;
(g) Upon determining that a person is operating a motor vehicle
without a valid and, if required, a specially endorsed driver's license
or with a license that has been expired for ninety days or more;
(h) When a vehicle is illegally occupying a truck, commercial
loading zone, restricted parking zone, bus, loading, hooded-meter,
taxi, street construction or maintenance, or other similar zone where,
by order of the director of transportation or chiefs of police or fire
or their designees, parking is limited to designated classes of
vehicles or is prohibited during certain hours, on designated days or
at all times, if the zone has been established with signage for at
least twenty-four hours and where the vehicle is interfering with the
proper and intended use of the zone. Signage must give notice to the
public that a vehicle will be removed if illegally parked in the zone;
(i) When a vehicle with an expired registration of more than
forty-five days is parked on a public street.
(3) When an arrest is made for a violation of RCW 46.20.342, if the
vehicle is a commercial vehicle and the driver of the vehicle is not
the owner of the vehicle, before the summary impoundment directed under
subsection (1) of this section, the police officer shall attempt in a
reasonable and timely manner to contact the owner of the vehicle and
may release the vehicle to the owner if the owner is reasonably
available, as long as the owner was not in the vehicle at the time of
the stop and arrest and the owner has not received a prior release
under this subsection or RCW 46.55.120(1)(a)(ii).
(4) Nothing in this section may derogate from the powers of police
officers under the common law. For the purposes of this section, a
place of safety may include the business location of a registered tow
truck operator.
Sec. 1121 RCW 46.55.140 and 1995 c 360 s 8 are each amended to
read as follows:
(1) A registered tow truck operator who has a valid and signed
impoundment authorization has a lien upon the impounded vehicle for
services provided in the towing and storage of the vehicle, unless the
impoundment is determined to have been invalid. The lien does not
apply to personal property in or upon the vehicle that is not
permanently attached to or is not an integral part of the vehicle
except for items of personal property registered or titled with the
department. The registered tow truck operator also has a deficiency
claim against the registered owner of the vehicle for services provided
in the towing and storage of the vehicle not to exceed the sum of five
hundred dollars after deduction of the amount bid at auction, and for
vehicles of over ten thousand pounds gross vehicle weight, the operator
has a deficiency claim of one thousand dollars after deduction of the
amount bid at auction, unless the impound is determined to be invalid.
The limitation on towing and storage deficiency claims does not apply
to an impound directed by a law enforcement officer. In no case may
the cost of the auction or a buyer's fee be added to the amount charged
for the vehicle at the auction, the vehicle's lien, or the overage due.
A registered owner who has completed and filed with the department the
((seller's)) report of sale as provided for ((by)) in RCW 46.12.101 (as
recodified by this act) and has timely and properly filed the
((seller's)) report of sale is relieved of liability under this
section. The person named as the new owner of the vehicle on the
timely and properly filed ((seller's)) report of sale shall assume
liability under this section.
(2) Any person who tows, removes, or otherwise disturbs any vehicle
parked, stalled, or otherwise left on privately owned or controlled
property, and any person owning or controlling the private property, or
either of them, are liable to the owner or operator of a vehicle, or
each of them, for consequential and incidental damages arising from any
interference with the ownership or use of the vehicle which does not
comply with the requirements of this chapter.
Sec. 1122 RCW 46.55.240 and 1994 c 176 s 2 are each amended to
read as follows:
(1) A city, town, or county that adopts an ordinance or resolution
concerning unauthorized, abandoned, or impounded vehicles shall include
the applicable provisions of this chapter.
(a) A city, town, or county may, by ordinance, authorize other
impound situations that may arise locally upon the public right-of-way
or other publicly owned or controlled property.
(b) A city, town, or county ordinance shall contain language that
establishes a written form of authorization to impound, which may
include a law enforcement notice of infraction or citation, clearly
denoting the agency's authorization to impound.
(c) A city, town, or county may, by ordinance, provide for release
of an impounded vehicle by means of a promissory note in lieu of
immediate payment, if at the time of redemption the legal or registered
owner requests a hearing on the validity of the impoundment. If the
municipal ordinance directs the release of an impounded vehicle before
the payment of the impoundment charges, the municipality is responsible
for the payment of those charges to the registered tow truck operator
within thirty days of the hearing date.
(d) The hearing specified in RCW 46.55.120(2) and in this section
may be conducted by an administrative hearings officer instead of in
the district court. A decision made by an administrative hearing
officer may be appealed to the district court for final judgment.
(2) A city, town, or county may adopt an ordinance establishing
procedures for the abatement and removal as public nuisances of junk
vehicles or parts thereof from private property. Costs of removal may
be assessed against the registered owner of the vehicle if the identity
of the owner can be determined, unless the owner in the transfer of
ownership of the vehicle has complied with RCW 46.12.101 (as recodified
by this act), or the costs may be assessed against the owner of the
property on which the vehicle is stored. A city, town, or county may
also provide for the payment to the tow truck operator or wrecker as a
part of a neighborhood revitalization program.
(3) Ordinances pertaining to public nuisances shall contain:
(a) A provision requiring notice to the last registered owner of
record and the property owner of record that a hearing may be requested
and that if no hearing is requested, the vehicle will be removed;
(b) A provision requiring that if a request for a hearing is
received, a notice giving the time, location, and date of the hearing
on the question of abatement and removal of the vehicle or part thereof
as a public nuisance shall be mailed, by certified mail, with a five-day return receipt requested, to the owner of the land as shown on the
last equalized assessment roll and to the last registered and legal
owner of record unless the vehicle is in such condition that
identification numbers are not available to determine ownership;
(c) A provision that the ordinance shall not apply to (i) a vehicle
or part thereof that is completely enclosed within a building in a
lawful manner where it is not visible from the street or other public
or private property or (ii) a vehicle or part thereof that is stored or
parked in a lawful manner on private property in connection with the
business of a licensed dismantler or licensed vehicle dealer and is
fenced according to RCW 46.80.130;
(d) A provision that the owner of the land on which the vehicle is
located may appear in person at the hearing or present a written
statement in time for consideration at the hearing, and deny
responsibility for the presence of the vehicle on the land, with his
reasons for the denial. If it is determined at the hearing that the
vehicle was placed on the land without the consent of the landowner and
that he has not subsequently acquiesced in its presence, then the local
agency shall not assess costs of administration or removal of the
vehicle against the property upon which the vehicle is located or
otherwise attempt to collect the cost from the owner;
(e) A provision that after notice has been given of the intent of
the city, town, or county to dispose of the vehicle and after a
hearing, if requested, has been held, the vehicle or part thereof shall
be removed at the request of a law enforcement officer with notice to
the Washington state patrol and the department of licensing that the
vehicle has been wrecked. The city, town, or county may operate such
a disposal site when its governing body determines that commercial
channels of disposition are not available or are inadequate, and it may
make final disposition of such vehicles or parts, or may transfer such
vehicle or parts to another governmental body provided such disposal
shall be only as scrap.
(4) A registered disposer under contract to a city or county for
the impounding of vehicles shall comply with any administrative
regulations adopted by the city or county on the handling and disposing
of vehicles.
Sec. 1123 RCW 46.61.581 and 2005 c 390 s 1 are each amended to
read as follows:
A parking space or stall for a person with a disability shall be
indicated by a vertical sign with the international symbol of access,
whose colors are white on a blue background, described under RCW
70.92.120. The sign may include additional language such as, but not
limited to, an indication of the amount of the monetary penalty defined
in ((RCW 46.16.381)) section 706 of this act for parking in the space
without a valid permit.
Failure of the person owning or controlling the property where
required parking spaces are located to erect and maintain the sign is
a class 2 civil infraction under chapter 7.80 RCW for each parking
space that should be so designated. The person owning or controlling
the property where the required parking spaces are located shall ensure
that the parking spaces are not blocked or made inaccessible, and
failure to do so is a class 2 civil infraction.
Sec. 1124 RCW 46.61.582 and 1991 c 339 s 25 are each amended to
read as follows:
Any person who meets the criteria for special parking privileges
under ((RCW 46.16.381)) section 701 of this act shall be allowed free
of charge to park a vehicle being used to transport that person for
unlimited periods of time in parking zones or areas including zones or
areas with parking meters which are otherwise restricted as to the
length of time parking is permitted. This section does not apply to
those zones or areas in which the stopping, parking, or standing of all
vehicles is prohibited or which are reserved for special types of
vehicles. The person shall obtain and display a special placard or
license plate under ((RCW 46.16.381)) section 701 of this act to be
eligible for the privileges under this section.
Sec. 1125 RCW 46.63.020 and 2009 c 485 s 6 are each amended to
read as follows:
Failure to perform any act required or the performance of any act
prohibited by this title or an equivalent administrative regulation or
local law, ordinance, regulation, or resolution relating to traffic
including parking, standing, stopping, and pedestrian offenses, is
designated as a traffic infraction and may not be classified as a
criminal offense, except for an offense contained in the following
provisions of this title or a violation of an equivalent administrative
regulation or local law, ordinance, regulation, or resolution:
(1) RCW 46.09.120(2) (as recodified by this act) relating to the
operation of a nonhighway vehicle while under the influence of
intoxicating liquor or a controlled substance;
(2) RCW 46.09.130 (as recodified by this act) relating to operation
of nonhighway vehicles;
(3) RCW 46.10.090(2) (as recodified by this act) relating to the
operation of a snowmobile while under the influence of intoxicating
liquor or narcotics or habit- forming drugs or in a manner endangering
the person of another;
(4) RCW 46.10.130 (as recodified by this act) relating to the
operation of snowmobiles;
(5) Chapter 46.12 RCW relating to certificates of ((ownership and))
title, registration certificates, and markings indicating that a
vehicle has been destroyed or declared a total loss;
(6) RCW 46.16.010 (as recodified by this act) and section 405(3) of
this act relating to the nonpayment of taxes and fees by failure to
register a vehicle and falsifying residency when registering a motor
vehicle;
(7) RCW 46.16.011 (as recodified by this act) relating to
permitting unauthorized persons to drive;
(8) RCW 46.16.160 (as recodified by this act) relating to vehicle
trip permits;
(9) ((RCW 46.16.381(2))) Section 706 of this act relating to
knowingly providing false information in conjunction with an
application for a special placard or license plate for disabled
persons' parking;
(10) RCW 46.20.005 relating to driving without a valid driver's
license;
(11) RCW 46.20.091 relating to false statements regarding a
driver's license or instruction permit;
(12) RCW 46.20.0921 relating to the unlawful possession and use of
a driver's license;
(13) RCW 46.20.342 relating to driving with a suspended or revoked
license or status;
(14) RCW 46.20.345 relating to the operation of a motor vehicle
with a suspended or revoked license;
(15) RCW 46.20.410 relating to the violation of restrictions of an
occupational driver's license, temporary restricted driver's license,
or ignition interlock driver's license;
(16) RCW 46.20.740 relating to operation of a motor vehicle without
an ignition interlock device in violation of a license notation that
the device is required;
(17) RCW 46.20.750 relating to circumventing an ignition interlock
device;
(18) RCW 46.25.170 relating to commercial driver's licenses;
(19) Chapter 46.29 RCW relating to financial responsibility;
(20) RCW 46.30.040 relating to providing false evidence of
financial responsibility;
(21) RCW 46.35.030 relating to recording device information;
(22) RCW 46.37.435 relating to wrongful installation of
sunscreening material;
(((22))) (23) RCW 46.37.650 relating to the sale, resale,
distribution, or installation of a previously deployed air bag;
(((23))) (24) RCW 46.37.671 through 46.37.675 relating to signal
preemption devices;
(((24))) (25) RCW 46.44.180 relating to operation of mobile home
pilot vehicles;
(((25))) (26) RCW 46.48.175 relating to the transportation of
dangerous articles;
(((26))) (27) RCW 46.52.010 relating to duty on striking an
unattended car or other property;
(((27))) (28) RCW 46.52.020 relating to duty in case of injury to
or death of a person or damage to an attended vehicle;
(((28))) (29) RCW 46.52.090 relating to reports by repairmen,
storagemen, and appraisers;
(((29))) (30) RCW 46.52.130 relating to confidentiality of the
driving record to be furnished to an insurance company, an employer,
and an alcohol/drug assessment or treatment agency;
(((30))) (31) RCW 46.55.020 relating to engaging in the activities
of a registered tow truck operator without a registration certificate;
(((31))) (32) RCW 46.55.035 relating to prohibited practices by tow
truck operators;
(((32))) (33) RCW 46.55.300 relating to vehicle immobilization;
(((33))) (34) RCW 46.61.015 relating to obedience to police
officers, flaggers, or firefighters;
(((34))) (35) RCW 46.61.020 relating to refusal to give information
to or cooperate with an officer;
(((35))) (36) RCW 46.61.022 relating to failure to stop and give
identification to an officer;
(((36))) (37) RCW 46.61.024 relating to attempting to elude
pursuing police vehicles;
(((37))) (38) RCW 46.61.500 relating to reckless driving;
(((38))) (39) RCW 46.61.502 and 46.61.504 relating to persons under
the influence of intoxicating liquor or drugs;
(((39))) (40) RCW 46.61.503 relating to a person under age twenty-one driving a motor vehicle after consuming alcohol;
(((40))) (41) RCW 46.61.520 relating to vehicular homicide by motor
vehicle;
(((41))) (42) RCW 46.61.522 relating to vehicular assault;
(((42))) (43) RCW 46.61.5249 relating to first degree negligent
driving;
(((43))) (44) RCW 46.61.527(4) relating to reckless endangerment of
roadway workers;
(((44))) (45) RCW 46.61.530 relating to racing of vehicles on
highways;
(((45))) (46) RCW 46.61.655(7) (a) and (b) relating to failure to
secure a load;
(((46))) (47) RCW 46.61.685 relating to leaving children in an
unattended vehicle with the motor running;
(((47))) (48) RCW 46.61.740 relating to theft of motor vehicle
fuel;
(((48))) (49) RCW 46.64.010 relating to unlawful cancellation of or
attempt to cancel a traffic citation;
(((49))) (50) RCW 46.64.048 relating to attempting, aiding,
abetting, coercing, and committing crimes;
(((50))) (51) Chapter 46.65 RCW relating to habitual traffic
offenders;
(((51))) (52) RCW 46.68.010 relating to false statements made to
obtain a refund;
(((52) RCW 46.35.030 relating to recording device information;))
(53) Chapter 46.70 RCW relating to unfair motor vehicle business
practices, except where that chapter provides for the assessment of
monetary penalties of a civil nature;
(54) Chapter 46.72 RCW relating to the transportation of passengers
in for hire vehicles;
(55) RCW 46.72A.060 relating to limousine carrier insurance;
(56) RCW 46.72A.070 relating to operation of a limousine without a
vehicle certificate;
(57) RCW 46.72A.080 relating to false advertising by a limousine
carrier;
(58) Chapter 46.80 RCW relating to motor vehicle wreckers;
(59) Chapter 46.82 RCW relating to driver's training schools;
(60) RCW 46.87.260 relating to alteration or forgery of a cab card,
letter of authority, or other temporary authority issued under chapter
46.87 RCW;
(61) RCW 46.87.290 relating to operation of an unregistered or
unlicensed vehicle under chapter 46.87 RCW.
Sec. 1126 RCW 46.63.160 and 2009 c 272 s 1 are each amended to
read as follows:
(1) This section applies only to infractions issued under RCW
46.61.690 for toll collection evasion.
(2) Nothing in this section prohibits a law enforcement officer
from issuing a notice of traffic infraction to a person in control of
a vehicle at the time a violation occurs under RCW 46.63.030(1) (a),
(b), or (c).
(3) Toll collection systems include manual cash collection,
electronic toll collection, and photo enforcement systems.
(4) "Electronic toll collection system" means a system of
collecting tolls or charges that is capable of charging the account of
the toll patron the appropriate toll or charge by electronic
transmission from the motor vehicle to the toll collection system,
which information is used to charge the appropriate toll or charge to
the patron's account.
(5) "Photo enforcement system" means a vehicle sensor installed to
work in conjunction with an electronic toll collection system that
automatically produces one or more photographs, one or more
microphotographs, a videotape, or other recorded images of a vehicle
operated in violation of an infraction under this chapter.
(6) The use of a toll collection system is subject to the following
requirements:
(a) The department of transportation shall adopt rules that allow
an open standard for automatic vehicle identification transponders used
for electronic toll collection to be compatible with other electronic
payment devices or transponders from the Washington state ferry system,
other public transportation systems, or other toll collection systems
to the extent that technology permits. The rules must also allow for
multiple vendors providing electronic payment devices or transponders
as technology permits.
(b) The department of transportation may not sell, distribute, or
make available in any way, the names and addresses of electronic toll
collection system account holders.
(7) The use of a photo enforcement system for issuance of notices
of infraction is subject to the following requirements:
(a) Photo enforcement systems may take photographs, digital
photographs, microphotographs, videotapes, or other recorded images of
the vehicle and vehicle license plate only.
(b) A notice of infraction must be mailed to the registered owner
of the vehicle or to the renter of a vehicle within sixty days of the
violation. The law enforcement officer issuing the notice of
infraction shall include with it a certificate or facsimile thereof,
based upon inspection of photographs, microphotographs, videotape, or
other recorded images produced by a photo enforcement system, stating
the facts supporting the notice of infraction. This certificate or
facsimile is prima facie evidence of the facts contained in it and is
admissible in a proceeding charging a violation under this chapter.
The photographs, digital photographs, microphotographs, videotape, or
other recorded images evidencing the violation must be available for
inspection and admission into evidence in a proceeding to adjudicate
the liability for the infraction.
(c) Notwithstanding any other provision of law, all photographs,
digital photographs, microphotographs, videotape, or other recorded
images prepared under this chapter are for the exclusive use of the
tolling agency and law enforcement in the discharge of duties under
this section and are not open to the public and may not be used in a
court in a pending action or proceeding unless the action or proceeding
relates to a violation under this chapter. No photograph, digital
photograph, microphotograph, videotape, or other recorded image may be
used for any purpose other than enforcement of violations under this
chapter nor retained longer than necessary to enforce this chapter or
verify that tolls are paid.
(d) All locations where a photo enforcement system is used must be
clearly marked by placing signs in locations that clearly indicate to
a driver that he or she is entering a zone where traffic laws are
enforced by a photo enforcement system.
(8) Infractions detected through the use of photo enforcement
systems are not part of the registered owner's driving record under RCW
46.52.101 and 46.52.120. Additionally, infractions generated by the
use of photo enforcement systems under this section shall be processed
in the same manner as parking infractions, including for the purposes
of RCW 3.50.100, 35.20.220, 46.16.216 (as recodified by this act), and
46.20.270(3).
(9) The penalty for an infraction detected through the use of a
photo enforcement system shall be forty dollars plus an additional toll
penalty. The toll penalty is equal to three times the cash toll for a
standard passenger car during peak hours. The toll penalty may not be
reduced. The court shall remit the toll penalty to the department of
transportation or a private entity under contract with the department
of transportation for deposit in the statewide account in which tolls
are deposited for the tolling facility at which the violation occurred.
If the driver is found not to have committed an infraction under this
section, the driver shall pay the toll due at the time the photograph
was taken, unless the toll has already been paid.
(10) If the registered owner of the vehicle is a rental car
business the department of transportation or a law enforcement agency
shall, before a notice of infraction being issued under this section,
provide a written notice to the rental car business that a notice of
infraction may be issued to the rental car business if the rental car
business does not, within eighteen days of the mailing of the written
notice, provide to the issuing agency by return mail:
(a) A statement under oath stating the name and known mailing
address of the individual driving or renting the vehicle when the
infraction occurred; or
(b) A statement under oath that the business is unable to determine
who was driving or renting the vehicle at the time the infraction
occurred because the vehicle was stolen at the time of the infraction.
A statement provided under this subsection must be accompanied by a
copy of a filed police report regarding the vehicle theft; or
(c) In lieu of identifying the vehicle operator, the rental car
business may pay the applicable toll and fee.
Timely mailing of this statement to the issuing law enforcement
agency relieves a rental car business of any liability under this
chapter for the notice of infraction.
Sec. 1127 RCW 46.63.170 and 2009 c 470 s 714 are each amended to
read as follows:
(1) The use of automated traffic safety cameras for issuance of
notices of infraction is subject to the following requirements:
(a) The appropriate local legislative authority must first enact an
ordinance allowing for their use to detect one or more of the
following: Stoplight, railroad crossing, or school speed zone
violations. At a minimum, the local ordinance must contain the
restrictions described in this section and provisions for public notice
and signage. Cities and counties using automated traffic safety
cameras before July 24, 2005, are subject to the restrictions described
in this section, but are not required to enact an authorizing
ordinance.
(b) Use of automated traffic safety cameras is restricted to two-arterial intersections, railroad crossings, and school speed zones
only.
(c) During the 2009-2011 fiscal biennium, automated traffic safety
cameras may be used to detect speed violations for the purposes of
section 201(2), chapter 470, Laws of 2009 if the local legislative
authority first enacts an ordinance authorizing the use of cameras to
detect speed violations.
(d) Automated traffic safety cameras may only take pictures of the
vehicle and vehicle license plate and only while an infraction is
occurring. The picture must not reveal the face of the driver or of
passengers in the vehicle.
(e) A notice of infraction must be mailed to the registered owner
of the vehicle within fourteen days of the violation, or to the renter
of a vehicle within fourteen days of establishing the renter's name and
address under subsection (3)(a) of this section. The law enforcement
officer issuing the notice of infraction shall include with it a
certificate or facsimile thereof, based upon inspection of photographs,
microphotographs, or electronic images produced by an automated traffic
safety camera, stating the facts supporting the notice of infraction.
This certificate or facsimile is prima facie evidence of the facts
contained in it and is admissible in a proceeding charging a violation
under this chapter. The photographs, microphotographs, or electronic
images evidencing the violation must be available for inspection and
admission into evidence in a proceeding to adjudicate the liability for
the infraction. A person receiving a notice of infraction based on
evidence detected by an automated traffic safety camera may respond to
the notice by mail.
(f) The registered owner of a vehicle is responsible for an
infraction under RCW 46.63.030(1)(e) unless the registered owner
overcomes the presumption in RCW 46.63.075, or, in the case of a rental
car business, satisfies the conditions under subsection (3) of this
section. If appropriate under the circumstances, a renter identified
under subsection (3)(a) of this section is responsible for an
infraction.
(g) Notwithstanding any other provision of law, all photographs,
microphotographs, or electronic images prepared under this section are
for the exclusive use of law enforcement in the discharge of duties
under this section and are not open to the public and may not be used
in a court in a pending action or proceeding unless the action or
proceeding relates to a violation under this section. No photograph,
microphotograph, or electronic image may be used for any purpose other
than enforcement of violations under this section nor retained longer
than necessary to enforce this section.
(h) All locations where an automated traffic safety camera is used
must be clearly marked by placing signs in locations that clearly
indicate to a driver that he or she is entering a zone where traffic
laws are enforced by an automated traffic safety camera.
(i) If a county or city has established an authorized automated
traffic safety camera program under this section, the compensation paid
to the manufacturer or vendor of the equipment used must be based only
upon the value of the equipment and services provided or rendered in
support of the system, and may not be based upon a portion of the fine
or civil penalty imposed or the revenue generated by the equipment.
(2) Infractions detected through the use of automated traffic
safety cameras are not part of the registered owner's driving record
under RCW 46.52.101 and 46.52.120. Additionally, infractions generated
by the use of automated traffic safety cameras under this section shall
be processed in the same manner as parking infractions, including for
the purposes of RCW 3.50.100, 35.20.220, 46.16.216 (as recodified by
this act), and 46.20.270(3). However, the amount of the fine issued
for an infraction generated through the use of an automated traffic
safety camera shall not exceed the amount of a fine issued for other
parking infractions within the jurisdiction.
(3) If the registered owner of the vehicle is a rental car
business, the law enforcement agency shall, before a notice of
infraction being issued under this section, provide a written notice to
the rental car business that a notice of infraction may be issued to
the rental car business if the rental car business does not, within
eighteen days of receiving the written notice, provide to the issuing
agency by return mail:
(a) A statement under oath stating the name and known mailing
address of the individual driving or renting the vehicle when the
infraction occurred; or
(b) A statement under oath that the business is unable to determine
who was driving or renting the vehicle at the time the infraction
occurred because the vehicle was stolen at the time of the infraction.
A statement provided under this subsection must be accompanied by a
copy of a filed police report regarding the vehicle theft; or
(c) In lieu of identifying the vehicle operator, the rental car
business may pay the applicable penalty.
Timely mailing of this statement to the issuing law enforcement
agency relieves a rental car business of any liability under this
chapter for the notice of infraction.
(4) Nothing in this section prohibits a law enforcement officer
from issuing a notice of traffic infraction to a person in control of
a vehicle at the time a violation occurs under RCW 46.63.030(1) (a),
(b), or (c).
(5) For the purposes of this section, "automated traffic safety
camera" means a device that uses a vehicle sensor installed to work in
conjunction with an intersection traffic control system, a railroad
grade crossing control system, or a speed measuring device, and a
camera synchronized to automatically record one or more sequenced
photographs, microphotographs, or electronic images of the rear of a
motor vehicle at the time the vehicle fails to stop when facing a
steady red traffic control signal or an activated railroad grade
crossing control signal, or exceeds a speed limit in a school speed
zone as detected by a speed measuring device. During the 2009-2011
fiscal biennium, an automated traffic safety camera includes a camera
used to detect speed violations for the purposes of section 201(2),
chapter 470, Laws of 2009.
(6) During the 2009-2011 fiscal biennium, this section does not
apply to automated traffic safety cameras for the purposes of section
218(2), chapter 470, Laws of 2009.
Sec. 1128 RCW 46.68.080 and 2006 c 337 s 12 are each amended to
read as follows:
(1) ((Motor)) Vehicle license fees collected under ((RCW 46.16.0621
and 46.16.070)) sections 530 and 531 of this act and fuel taxes
collected under RCW 82.36.025(1) and 82.38.030(1) and directly or
indirectly paid by the residents of those counties composed entirely of
islands and which have neither a fixed physical connection with the
mainland nor any state highways on any of the islands of which they are
composed, shall be paid into the motor vehicle fund of the state of
Washington and shall monthly, as they accrue, and after deducting
therefrom the expenses of issuing such licenses and the cost of
collecting such vehicle fuel tax, be paid to the county treasurer of
each such county to be by him or her disbursed as hereinafter provided.
(2) One-half of the ((motor)) vehicle license fees collected under
((RCW 46.16.0621 and 46.16.070)) sections 530 and 531 of this act and
one-half of the fuel taxes collected under RCW 82.36.025(1) and
82.38.030(1) and directly or indirectly paid by the residents of those
counties composed entirely of islands and which have either a fixed
physical connection with the mainland or state highways on any of the
islands of which they are composed, shall be paid into the motor
vehicle fund of the state of Washington and shall monthly, as they
accrue, and after deducting therefrom the expenses of issuing such
licenses and the cost of collecting such motor vehicle fuel tax, be
paid to the county treasurer of each such county to be by him or her
disbursed as hereinafter provided.
(3) All funds paid to the county treasurer of the counties of
either class referred to in subsections (1) and (2) of this section,
shall be by such county treasurer distributed and credited to the
several road districts of each such county and paid to the city
treasurer of each incorporated city and town within each such county,
in the direct proportion that the assessed valuation of each such road
district and incorporated city and town shall bear to the total
assessed valuation of each such county.
(4) The amount of motor vehicle fuel tax paid by the residents of
those counties composed entirely of islands shall, for the purposes of
this section, be that percentage of the total amount of motor vehicle
fuel tax collected in the state that the ((motor)) vehicle license fees
paid by the residents of counties composed entirely of islands bears to
the total ((motor)) vehicle license fees paid by the residents of the
state.
(5)(a) An amount of fuel taxes shall be deposited into the Puget
Sound ferry operations account. This amount shall equal the difference
between the total amount of fuel taxes collected in the state under RCW
82.36.020 and 82.38.030 less the total amount of fuel taxes collected
in the state under RCW 82.36.020(1) and 82.38.030(1) and be multiplied
by a fraction. The fraction shall equal the amount of ((motor))
vehicle license fees collected under ((RCW 46.16.0621 and 46.16.070))
sections 530 and 531 of this act from counties described in subsection
(1) of this section divided by the total amount of ((motor)) vehicle
license fees collected in the state under ((RCW 46.16.0621 and
46.16.070)) sections 530 and 531 of this act.
(b) An additional amount of fuel taxes shall be deposited into the
Puget Sound ferry operations account. This amount shall equal the
difference between the total amount of fuel taxes collected in the
state under RCW 82.36.020 and 82.38.030 less the total amount of fuel
taxes collected in the state under RCW 82.36.020(1) and 82.38.030(1)
and be multiplied by a fraction. The fraction shall equal the amount
of ((motor)) vehicle license fees collected under ((RCW 46.16.0621 and
46.16.070)) sections 530 and 531 of this act from counties described in
subsection (2) of this section divided by the total amount of ((motor))
vehicle license fees collected in the state under ((RCW 46.16.0621 and
46.16.070)) sections 530 and 531 of this act, and this shall be
multiplied by one-half.
Sec. 1129 RCW 46.68.250 and 1996 c 184 s 6 are each amended to
read as follows:
The vehicle licensing fraud account is created in the state
treasury. From penalties and fines imposed under RCW 46.16.010 (as
recodified by this act), 47.68.255, and 88.02.118 (as recodified by
this act), an amount equal to the taxes and fees owed shall be
deposited into the account. Moneys in the account may be spent only
after appropriation. Expenditures from the account may be used only
for vehicle license fraud enforcement and collections by the Washington
state patrol and the department of revenue.
Sec. 1130 RCW 46.70.011 and 2006 c 364 s 1 are each amended to
read as follows:
As used in this chapter:
(1) "Vehicle" means and includes every device capable of being
moved upon a public highway and in, upon, or by which any persons or
property is or may be transported or drawn upon a public highway,
excepting devices moved by human or animal power or used exclusively
upon stationary rails or tracks.
(2) "Motor vehicle" means every vehicle which is self-propelled and
every vehicle which is propelled by electric power obtained from
overhead trolley wires, but not operated upon rails, and which is
required to be registered and titled under this title ((46 RCW, Motor
Vehicles)).
(3) "Recreational vehicle" means a travel trailer, motor home,
truck camper, or camping trailer that is primarily designed and used as
temporary living quarters, is either self-propelled or mounted on or
drawn by another vehicle, is transient, is not occupied as a primary
residence, and is not immobilized or permanently affixed to a mobile
home lot.
(4) "Vehicle dealer" means any person, firm, association,
corporation, or trust, not excluded by subsection (5) of this section,
engaged in the business of buying, selling, listing, exchanging,
offering, brokering, leasing with an option to purchase, auctioning,
soliciting, or advertising the sale of new or used vehicles, or
arranging or offering or attempting to solicit or negotiate on behalf
of others, a sale, purchase, or exchange of an interest in new or used
motor vehicles, irrespective of whether the motor vehicles are owned by
that person. Vehicle dealers shall be classified as follows:
(a) A "motor vehicle dealer" is a vehicle dealer that deals in new
or used motor vehicles, or both;
(b) A "mobile home and travel trailer dealer" is a vehicle dealer
that deals in mobile homes, park trailers, or travel trailers, or more
than one type of these vehicles;
(c) A "miscellaneous vehicle dealer" is a vehicle dealer that deals
in motorcycles or vehicles other than motor vehicles or mobile homes
and travel trailers or any combination of such vehicles;
(d) A "recreational vehicle dealer" is a vehicle dealer that deals
in travel trailers, motor homes, truck campers, or camping trailers
that are primarily designed and used as temporary living quarters, are
either self-propelled or mounted on or drawn by another vehicle, are
transient, are not occupied as a primary residence, and are not
immobilized or permanently affixed to a mobile home lot.
(5) ((The term)) "Vehicle dealer" does not include, nor do the
licensing requirements of RCW 46.70.021 apply to, the following
persons, firms, associations, or corporations:
(a) Receivers, trustees, administrators, executors, guardians, or
other persons appointed by, or acting under a judgment or order of, any
court; or
(b) Public officers while performing their official duties; or
(c) Employees of vehicle dealers who are engaged in the specific
performance of their duties as such employees; or
(d) Any person engaged in an isolated sale of a vehicle in which
that person is the registered or legal owner, or both, thereof; or
(e) Any person, firm, association, corporation, or trust, engaged
in the selling of equipment other than vehicles, subject to
registration, used for agricultural or industrial purposes; or
(f) A real estate broker licensed under chapter 18.85 RCW, or an
affiliated licensee, who, on behalf of another negotiates the purchase,
sale, lease, or exchange of a manufactured or mobile home in
conjunction with the purchase, sale, exchange, rental, or lease of the
land upon which the manufactured or mobile home is, or will be,
located; or
(g) Owners who are also operators of ((the)) special highway
construction equipment, as defined in section 144 of this act, or of
the highway construction equipment for which a vehicle license and
display vehicle license number plate is required ((as defined in RCW
46.16.010)); or
(h) Any bank, trust company, savings bank, mutual savings bank,
savings and loan association, credit union, and any parent, subsidiary,
or affiliate thereof, authorized to do business in this state under
state or federal law with respect to the sale or other disposition of
a motor vehicle owned and used in their business; or with respect to
the acquisition and sale or other disposition of a motor vehicle in
which the entity has acquired an interest as a lessor, lessee, or
secured party; or
(i) Any person who is regularly engaged in the business of
acquiring leases or installment contracts by assignment, with respect
to the acquisition and sale or other disposition of a motor vehicle in
which the person has acquired an interest as a result of the business.
(6) "Vehicle salesperson" means any person who for any form of
compensation sells, auctions, leases with an option to purchase, or
offers to sell or to so lease vehicles on behalf of a vehicle dealer.
(7) "Department" means the department of licensing, which shall
administer and enforce the provisions of this chapter.
(8) "Director" means the director of licensing.
(9) "Manufacturer" means any person, firm, association,
corporation, or trust, resident or nonresident, who manufactures or
assembles new and unused vehicles or remanufactures vehicles in whole
or in part and further includes the terms:
(a) "Distributor," which means any person, firm, association,
corporation, or trust, resident or nonresident, who in whole or in part
offers for sale, sells, or distributes any new and unused vehicle to
vehicle dealers or who maintains factory representatives.
(b) "Factory branch," which means a branch office maintained by a
manufacturer for the purpose of selling or offering for sale, vehicles
to a distributor, wholesaler, or vehicle dealer, or for directing or
supervising in whole or in part factory or distributor representatives,
and further includes any sales promotion organization, whether a
person, firm, or corporation, which is engaged in promoting the sale of
new and unused vehicles in this state of a particular brand or make to
vehicle dealers.
(c) "Factory representative," which means a representative employed
by a manufacturer, distributor, or factory branch for the purpose of
making or promoting for the sale of their vehicles or for supervising
or contracting with their dealers or prospective dealers.
(10) "Established place of business" means a location meeting the
requirements of RCW 46.70.023(1) at which a vehicle dealer conducts
business in this state.
(11) "Principal place of business" means that dealer firm's
business location in the state, which place the dealer designates as
their principal place of business.
(12) "Subagency" means any place of business of a vehicle dealer
within the state, which place is physically and geographically
separated from the principal place of business of the firm or any place
of business of a vehicle dealer within the state, at which place the
firm does business using a name other than the principal name of the
firm, or both.
(13) "Temporary subagency" means a location other than the
principal place of business or subagency within the state where a
licensed vehicle dealer may secure a license to conduct the business
and is licensed for a period of time not to exceed ten days for a
specific purpose such as auto shows, shopping center promotions, tent
sales, exhibitions, or similar merchandising ventures. No more than
six temporary subagency licenses may be issued to a licensee in any
twelve-month period.
(14) "Wholesale vehicle dealer" means a vehicle dealer who buys and
sells other than at retail.
(15) "Retail vehicle dealer" means a vehicle dealer who may buy and
sell at both wholesale and retail.
(16) "Listing dealer" means a used mobile home dealer who makes
contracts with sellers who will compensate the dealer for obtaining a
willing purchaser for the seller's mobile home.
(17) "Auction" means a transaction conducted by means of exchanges
between an auctioneer and the members of the audience, constituting a
series of oral invitations for offers for the purchase of vehicles made
by the auctioneer, offers to purchase by members of the audience, and
the acceptance of the highest or most favorable offer to purchase.
(18) "Auction company" means a sole proprietorship, partnership,
corporation, or other legal or commercial entity licensed under chapter
18.11 RCW that only sells or offers to sell vehicles at auction or only
arranges or sponsors auctions.
(19) "Buyer's agent" means any person, firm, partnership,
association, limited liability company, limited liability partnership,
or corporation retained or employed by a consumer to arrange for or to
negotiate, or both, the purchase or lease of a new motor vehicle on
behalf of the consumer, and who is paid a fee or receives other
compensation from the consumer for its services.
(20) "New motor vehicle" means any motor vehicle that is self-propelled and is required to be registered and titled under this title
((46 RCW)), has not been previously titled to a retail purchaser or
lessee, and is not a "used vehicle" as defined under RCW 46.04.660.
Sec. 1131 RCW 46.70.051 and 2001 c 272 s 4 are each amended to
read as follows:
(1) After the application has been filed, the fee paid, and bond
posted, if required, the department shall, if no denial order is in
effect and no proceeding is pending under RCW 46.70.101, issue the
appropriate license, which license, in the case of a vehicle dealer,
shall designate the classification of the dealer. Nothing prohibits a
vehicle dealer from obtaining licenses for more than one
classification, and nothing prevents any vehicle dealer from dealing in
other classes of vehicles on an isolated basis.
(2) An auction company licensed under chapter 18.11 RCW may sell at
auction all classifications of vehicles under a motor vehicle dealer's
license issued under this chapter including motor vehicles,
miscellaneous type vehicles, and mobile homes and travel trailers.
(3) At the time the department issues a vehicle dealer license, the
department shall provide to the dealer a current, up-to-date vehicle
dealer manual that may be provided electronically setting forth the
various statutes and rules applicable to vehicle dealers. In addition,
at the time any such license is renewed under RCW 46.70.083, the
department shall provide the dealer with any updates or current
revisions to the vehicle dealer manual. These updates or current
revisions may be provided electronically.
(4) The department may contract with responsible private parties to
provide them elements of the vehicle database on a regular basis. The
private parties may only disseminate this information to licensed
vehicle dealers.
(a) Subject to the disclosure agreement provisions of RCW 46.12.380
(as recodified by this act) and the requirements of Executive Order 97-01, the department may provide to the contracted private parties the
following information:
(i) All vehicle and title data necessary to accurately disclose
known title defects, brands, or flags and odometer discrepancies;
(ii) All registered and legal owner information necessary to
determine true ownership of the vehicle and the existence of any
recorded liens, including but not limited to liens of the department of
social and health services or its successor; and
(iii) Any data in the department's possession necessary to
calculate the motor vehicle excise tax, license, and registration fees
including information necessary to determine the applicability of
regional transit authority excise and use tax surcharges.
(b) The department may provide this information in any form the
contracted private party and the department agree upon, but if the data
is to be transmitted over the Internet or similar public network from
the department to the contracted private party, it must be encrypted.
(c) The department shall give these contracted private parties
advance written notice of any change in the information referred to in
(a)(i), (ii), or (iii) of this subsection, including information
pertaining to the calculation of motor vehicle excise taxes.
(d) The department shall revoke a contract made under this
subsection (4) with a private party who disseminates information from
the vehicle database to anyone other than a licensed vehicle dealer.
A private party who obtains information from the vehicle database under
a contract with the department and disseminates any of that information
to anyone other than a licensed vehicle dealer is guilty of a gross
misdemeanor punishable under chapter 9A.20 RCW.
(e) Nothing in this subsection (4) authorizes a vehicle dealer or
any other organization or entity not otherwise appointed as a vehicle
licensing subagent under RCW 46.01.140 to perform any of the functions
of a vehicle licensing subagent so appointed.
Sec. 1132 RCW 46.70.101 and 2001 c 272 s 6 are each amended to
read as follows:
The director may by order deny, suspend, or revoke the license of
any vehicle dealer or vehicle manufacturer or, in lieu thereof or in
addition thereto, may by order assess monetary penalties of a civil
nature not to exceed one thousand dollars per violation, if the
director finds that the order is in the public interest and that the
applicant or licensee:
(1) In the case of a vehicle dealer:
(a) The applicant or licensee, or any partner, officer, director,
owner of ten percent or more of the assets of the firm, or managing
employee:
(i) Was the holder of a license issued pursuant to this chapter,
which was revoked for cause and never reissued by the department, or
which license was suspended for cause and the terms of the suspension
have not been fulfilled or which license was assessed a civil penalty
and the assessed amount has not been paid;
(ii) Has been adjudged guilty of a crime which directly relates to
the business of a vehicle dealer and the time elapsed since the
adjudication is less than ten years, or suffering any judgment within
the preceding five years in any civil action involving fraud,
misrepresentation, or conversion. For the purposes of this section,
"adjudged guilty" ((shall)) means in addition to a final conviction in
either a state or municipal court, an unvacated forfeiture of bail or
collateral deposited to secure a defendant's appearance in court, the
payment of a fine, a plea of guilty, or a finding of guilt regardless
of whether the sentence is deferred or the penalty is suspended;
(iii) Has knowingly or with reason to know made a false statement
of a material fact in his or her application for license or any data
attached thereto, or in any matter under investigation by the
department;
(iv) Has knowingly, or with reason to know, provided the department
with false information relating to the number of vehicle sales
transacted during the past one year in order to obtain a vehicle dealer
license plate;
(v) Does not have an established place of business as required in
this chapter;
(vi) Refuses to allow representatives or agents of the department
to inspect during normal business hours all books, records, and files
maintained within this state;
(vii) Sells, exchanges, offers, brokers, auctions, solicits, or
advertises a new or current model vehicle to which a factory new
vehicle warranty attaches and fails to have a valid, written service
agreement as required by this chapter, or having such agreement refuses
to honor the terms of such agreement within a reasonable time or
repudiates the same, except for sales by wholesale motor vehicle
auction dealers to franchise motor vehicle dealers of the same make
licensed under this title ((46 RCW)) or franchise motor vehicle dealers
of the same make licensed by any other state;
(viii) Is insolvent, either in the sense that their liabilities
exceed their assets, or in the sense that they cannot meet their
obligations as they mature;
(ix) Fails to pay any civil monetary penalty assessed by the
director pursuant to this section within ten days after such assessment
becomes final;
(x) Fails to notify the department of bankruptcy proceedings in the
manner required by RCW 46.70.183;
(xi) Knowingly, or with reason to know, allows a salesperson
employed by the dealer, or acting as their agent, to commit any of the
prohibited practices set forth in subsection (1)(a) of this section and
RCW 46.70.180;
(xii) Fails to have a current certificate or registration with the
department of revenue.
(b) The applicant or licensee, or any partner, officer, director,
owner of ten percent of the assets of the firm, or any employee or
agent:
(i) Has failed to comply with the applicable provisions of chapter
46.12 or 46.16 RCW or this chapter or any rules and regulations adopted
thereunder;
(ii) Has defrauded or attempted to defraud the state, or a
political subdivision thereof of any taxes or fees in connection with
the sale, lease, or transfer of a vehicle;
(iii) Has forged the signature of the registered or legal owner on
a certificate of title;
(iv) Has purchased, sold, disposed of, or has in his or her
possession any vehicle which he or she knows or has reason to know has
been stolen or appropriated without the consent of the owner;
(v) Has willfully failed to deliver to a purchaser or owner a
certificate of ((ownership)) title to a vehicle which he or she has
sold or leased;
(vi) Has committed any act in violation of RCW 46.70.090 relating
to vehicle dealer license plates or manufacturer license plates;
(vii) Has committed any act in violation of RCW 46.70.180 relating
to unlawful acts and practices;
(viii) Has engaged in practices inimical to the health or safety of
the citizens of the state of Washington including but not limited to
failure to comply with standards set by the state of Washington or the
federal government pertaining to the construction or safety of
vehicles, except for sales by wholesale motor vehicle auction dealers
to motor vehicle dealers and vehicle wreckers licensed under this title
((46 RCW)) or motor vehicle dealers licensed by any other state;
(ix) Has aided or assisted an unlicensed dealer or salesperson in
unlawful activity through active or passive participation in sales,
allowing use of facilities, dealer license number, or by any other
means;
(x) Converts or appropriates, whether temporarily or permanently,
property or funds belonging to a customer, dealer, or manufacturer,
without the consent of the owner of the property or funds; or
(xi) Has sold any vehicle with actual knowledge that:
(A) It has any of the following brands on the title:
"SALVAGE/REBUILT," "JUNK," or "DESTROYED"; or
(B) It has been declared totaled out by an insurance carrier and
then rebuilt; or
(C) The vehicle title contains the specific comment that the
vehicle is "rebuilt";
without clearly disclosing that brand or comment in writing.
(c) The licensee or any partner, officer, director, or owner of ten
percent or more of the assets of the firm holds or has held any such
position in any other vehicle dealership licensed pursuant to this
chapter which is subject to final proceedings under this section.
(2) In the case of a manufacturer, or any partner, officer,
director, or majority shareholder:
(a) Was or is the holder of a license issued pursuant to this
chapter which was revoked for cause and never reissued by the
department, or which license was suspended for cause and the terms of
the suspension have not been fulfilled, or which license was assessed
a civil penalty and the assessed amount has not been paid;
(b) Has knowingly or with reason to know, made a false statement of
a material fact in his or her application for license, or any data
attached thereto, or in any matter under investigation by the
department;
(c) Has failed to comply with the applicable provisions of chapter
46.12 or 46.16 RCW or this chapter or any rules and regulations adopted
thereunder;
(d) Has defrauded or attempted to defraud the state or a political
subdivision thereof, of any taxes or fees in connection with the sale,
lease, or transfer of a vehicle;
(e) Has purchased, sold, leased, disposed of, or has in his or her
possession, any vehicle which he or she knows or has reason to know has
been stolen or appropriated without the consent of the owner;
(f) Has committed any act in violation of RCW 46.70.090 relating to
vehicle dealer license plates and manufacturer license plates;
(g) Has committed any act in violation of RCW 46.70.180 relating to
unlawful acts and practices;
(h) Sells or distributes in this state or transfers into this state
for resale or for lease, any new or unused vehicle to which a warranty
attaches or has attached and refuses to honor the terms of such
warranty within a reasonable time or repudiates the same;
(i) Fails to maintain one or more resident employees or agents to
provide service or repairs to vehicles located within the state of
Washington only under the terms of any warranty attached to new or
unused vehicles manufactured and which are or have been sold or
distributed in this state or transferred into this state for resale or
for lease unless such manufacturer requires warranty service to be
performed by all of its dealers pursuant to a current service agreement
on file with the department;
(j) Fails to reimburse within a reasonable time any vehicle dealer
within the state of Washington who in good faith incurs reasonable
obligations in giving effect to warranties that attach or have attached
to any new or unused vehicle sold, leased, or distributed in this state
or transferred into this state for resale or for lease by any such
manufacturer;
(k) Engaged in practices inimical to the health and safety of the
citizens of the state of Washington including, but not limited to,
failure to comply with standards set by the state of Washington or the
federal government pertaining to the construction and safety of
vehicles;
(l) Is insolvent either in the sense that his or her liabilities
exceed his or her assets or in the sense that he or she cannot meet his
or her obligations as they mature;
(m) Fails to notify the department of bankruptcy proceedings in the
manner required by RCW 46.70.183.
Sec. 1133 RCW 46.70.122 and 2001 c 272 s 8 are each amended to
read as follows:
(1) If the purchaser or transferee is a dealer he or she shall, on
selling, leasing, or otherwise disposing of the vehicle, promptly
execute the assignment and warranty of title, in such form as the
director shall prescribe.
(2) The assignment and warranty shall show any secured party
holding a security interest created or reserved at the time of resale
or lease, to which shall be attached the assigned certificate((s)) of
((ownership)) title and ((license)) registration certificate received
by the dealer. The dealer shall mail or deliver them to the department
with the transferee's application for the issuance of new
certificate((s)) of ((ownership)) title and ((license)) registration
certificate. The ((title)) certificate of title issued for a vehicle
possessed by a dealer and subject to a security interest shall be
delivered to the secured party who upon request of the dealer's
transferee shall, unless the transfer was a breach of the security
agreement, either deliver the certificate to the transferee for
transmission to the department, or upon receipt from the transferee of
the owner's bill of sale or sale document, the transferee's application
for a new certificate and the required fee, mail or deliver to the
department. Failure of a dealer to deliver the ((title)) certificate
of title to the secured party does not affect perfection of the
security interest.
Sec. 1134 RCW 46.70.124 and 1994 c 262 s 11 are each amended to
read as follows:
A vehicle dealer((s)) shall possess a separate certificate of
((ownership)) title or other evidence of ownership approved by the
department for each used vehicle kept in the dealer's possession.
Evidence of ownership shall be either in the name of the dealer or in
the name of the dealer's immediate vendor properly assigned. In the
case of consigned vehicles, the vehicle dealer may possess a completed
consignment contract that includes a guaranteed title from the seller
in lieu of the required certificate of ((ownership)) title.
Sec. 1135 RCW 46.70.135 and 1994 c 284 s 11 are each amended to
read as follows:
Mobile home manufacturers and mobile home dealers who sell mobile
homes to be assembled on site and used as residences in this state
shall conform to the following requirements:
(1) No new manufactured home may be sold unless the purchaser is
provided with a manufacturer's written warranty for construction of the
home in compliance with the Magnuson-Moss Warranty Act (88 Stat. 2183;
15 U.S.C. Sec. 47 et seq.; 15 U.S.C. Sec. 2301 et seq.).
(2) No new manufactured home may be sold unless the purchaser is
provided with a dealer's written warranty for all installation services
performed by the dealer.
(3) The warranties required by subsections (1) and (2) of this
section shall be valid for a minimum of one year measured from the date
of delivery and shall not be invalidated by resale by the original
purchaser to a subsequent purchaser or by the certificate of
((ownership)) title being eliminated or not issued as described in
chapter 65.20 RCW. Copies of the warranties shall be given to the
purchaser upon signing a purchase agreement and shall include an
explanation of remedies available to the purchaser under state and
federal law for breach of warranty, the name and address of the federal
department of housing and urban development and the state departments
of licensing and labor and industries, and a brief description of the
duties of these agencies concerning mobile homes.
(4) Warranty service shall be completed within forty-five days
after the owner gives written notice of the defect unless there is a
bona fide dispute between the parties. Warranty service for a defect
affecting health or safety shall be completed within seventy-two hours
of receipt of written notice. Warranty service shall be performed on
site and a written work order describing labor performed and parts used
shall be completed and signed by the service agent and the owner. If
the owner's signature cannot be obtained, the reasons shall be
described on the work order. Work orders shall be retained by the
dealer or manufacturer for a period of three years.
(5) Before delivery of possession of the home to the purchaser, an
inspection shall be performed by the dealer or his or her agent and by
the purchaser or his or her agent which shall include a test of all
systems of the home to insure proper operation, unless such systems
test is delayed pursuant to this subsection. At the time of the
inspection, the purchaser shall be given copies of all documents
required by state or federal agencies to be supplied by the
manufacturer with the home which have not previously been provided as
required under subsection (3) of this section, and the dealer shall
complete any required purchaser information card and forward the card
to the manufacturer. A purchaser is deemed to have taken delivery of
the manufactured home when all three of the following events have
occurred: (a) The contractual obligations between the purchaser and
the seller have been met; (b) the inspection of the home is completed;
and (c) the systems test of the home has been completed subsequent to
the installation of the home, or fifteen days has elapsed since the
transport of the home to the site where it will be installed, whichever
is earlier. Occupancy of the manufactured home shall only occur after
the systems test has occurred and all required utility connections have
been approved after inspection.
(6) Manufacturer and dealer advertising which states the dimensions
of a home shall not include the length of the draw bar assembly in a
listed dimension, and shall state the square footage of the actual
floor area.
Sec. 1136 RCW 46.70.180 and 2009 c 123 s 1 and 2009 c 49 s 1 are
each reenacted and amended to read as follows:
Each of the following acts or practices is unlawful:
(1) To cause or permit to be advertised, printed, displayed,
published, distributed, broadcasted, televised, or disseminated in any
manner whatsoever, any statement or representation with regard to the
sale, lease, or financing of a vehicle which is false, deceptive, or
misleading, including but not limited to the following:
(a) That no down payment is required in connection with the sale of
a vehicle when a down payment is in fact required, or that a vehicle
may be purchased for a smaller down payment than is actually required;
(b) That a certain percentage of the sale price of a vehicle may be
financed when such financing is not offered in a single document
evidencing the entire security transaction;
(c) That a certain percentage is the amount of the service charge
to be charged for financing, without stating whether this percentage
charge is a monthly amount or an amount to be charged per year;
(d) That a new vehicle will be sold for a certain amount above or
below cost without computing cost as the exact amount of the factory
invoice on the specific vehicle to be sold;
(e) That a vehicle will be sold upon a monthly payment of a certain
amount, without including in the statement the number of payments of
that same amount which are required to liquidate the unpaid purchase
price.
(2)(a)(i) To incorporate within the terms of any purchase and sale
or lease agreement any statement or representation with regard to the
sale, lease, or financing of a vehicle which is false, deceptive, or
misleading, including but not limited to terms that include as an added
cost to the selling price or capitalized cost of a vehicle an amount
for licensing or transfer of title of that vehicle which is not
actually due to the state, unless such amount has in fact been paid by
the dealer prior to such sale.
(ii) However, an amount not to exceed the applicable amount
provided in (iii)(A) and (B) of this subsection (2)(a) per vehicle sale
or lease may be charged by a dealer to recover administrative costs for
collecting motor vehicle excise taxes, licensing and registration fees
and other agency fees, verifying and clearing titles, transferring
titles, perfecting, releasing, or satisfying liens or other security
interests, and other administrative and documentary services rendered
by a dealer in connection with the sale or lease of a vehicle and in
carrying out the requirements of this chapter or any other provisions
of state law.
(iii) A dealer may charge under (a)(ii) of this subsection:
(A) As of July 26, 2009, through June 30, 2014, an amount not to
exceed one hundred fifty dollars; and
(B) As of July 1, 2014, an amount not to exceed fifty dollars.
(b) A dealer may charge the documentary service fee in (a) of this
subsection under the following conditions:
(i) The documentary service fee is disclosed in writing to a
prospective purchaser or lessee before the execution of a purchase and
sale or lease agreement;
(ii) The dealer discloses to the purchaser or lessee in writing
that the documentary service fee is a negotiable fee. The disclosure
must be written in a typeface that is at least as large as the typeface
used in the standard text of the document that contains the disclosure
and that is bold faced, capitalized, underlined, or otherwise set out
from the surrounding material so as to be conspicuous. The dealer
shall not represent to the purchaser or lessee that the fee or charge
is required by the state to be paid by either the dealer or prospective
purchaser or lessee;
(iii) The documentary service fee is separately designated from the
selling price or capitalized cost of the vehicle and from any other
taxes, fees, or charges; and
(iv) Dealers disclose in any advertisement that a documentary
service fee in an amount provided in (iv)(A) and (B) of this subsection
(2)(b) may be added to the sale price or the capitalized cost:
(A) As of July 26, 2009, through June 30, 2014, an amount up to one
hundred fifty dollars; and
(B) As of July 1, 2014, an amount up to fifty dollars.
For the purposes of this subsection (2), the term "documentary
service fee" means the optional amount charged by a dealer to provide
the services specified in (a) of this subsection.
(3) To set up, promote, or aid in the promotion of a plan by which
vehicles are to be sold or leased to a person for a consideration and
upon further consideration that the purchaser or lessee agrees to
secure one or more persons to participate in the plan by respectively
making a similar purchase and in turn agreeing to secure one or more
persons likewise to join in said plan, each purchaser or lessee being
given the right to secure money, credits, goods, or something of value,
depending upon the number of persons joining the plan.
(4) To commit, allow, or ratify any act of "bushing" which is
defined as follows: Entering into a written contract, written purchase
order or agreement, retail installment sales agreement, note and
security agreement, or written lease agreement, hereinafter
collectively referred to as contract or lease, signed by the
prospective buyer or lessee of a vehicle, which:
(a) Is subject to any conditions or the dealer's or his or her
authorized representative's future acceptance, and the dealer fails or
refuses within four calendar days, exclusive of Saturday, Sunday, or
legal holiday, and prior to any further negotiations with said buyer or
lessee to inform the buyer or lessee either: (i) That the dealer
unconditionally accepts the contract or lease, having satisfied,
removed, or waived all conditions to acceptance or performance,
including, but not limited to, financing, assignment, or lease
approval; or (ii) that the dealer rejects the contract or lease,
thereby automatically voiding the contract or lease, as long as such
voiding does not negate commercially reasonable contract or lease
provisions pertaining to the return of the subject vehicle and any
physical damage, excessive mileage after the demand for return of the
vehicle, and attorneys' fees authorized by law, and tenders the refund
of any initial payment or security made or given by the buyer or
lessee, including, but not limited to, any down payment, and tenders
return of the trade-in vehicle, key, other trade-in, or certificate of
title to a trade-in. Tender may be conditioned on return of the
subject vehicle if previously delivered to the buyer or lessee.
The provisions of this subsection (4)(a) do not impair, prejudice,
or abrogate the rights of a dealer to assert a claim against the buyer
or lessee for misrepresentation or breach of contract and to exercise
all remedies available at law or in equity, including those under
chapter 62A.9A RCW, if the dealer, bank, or other lender or leasing
company discovers that approval of the contract or financing or
approval of the lease was based upon material misrepresentations made
by the buyer or lessee, including, but not limited to,
misrepresentations regarding income, employment, or debt of the buyer
or lessee, as long as the dealer, or his or her staff, has not, with
knowledge of the material misrepresentation, aided, assisted,
encouraged, or participated, directly or indirectly, in the
misrepresentation. A dealer shall not be in violation of this
subsection (4)(a) if the buyer or lessee made a material
misrepresentation to the dealer, as long as the dealer, or his or her
staff, has not, with knowledge of the material misrepresentation,
aided, assisted, encouraged, or participated, directly or indirectly,
in the misrepresentation.
When a dealer informs a buyer or lessee under this subsection
(4)(a) regarding the unconditional acceptance or rejection of the
contract, lease, or financing by an electronic mail message, the dealer
must also transmit the communication by any additional means;
(b) Permits the dealer to renegotiate a dollar amount specified as
trade-in allowance on a vehicle delivered or to be delivered by the
buyer or lessee as part of the purchase price or lease, for any reason
except:
(i) Failure to disclose that the vehicle's certificate of
((ownership)) title has been branded for any reason, including, but not
limited to, status as a rebuilt vehicle as provided in RCW 46.12.050
(as recodified by this act) and ((46.12.075)) section 303 of this act;
or
(ii) Substantial physical damage or latent mechanical defect
occurring before the dealer took possession of the vehicle and which
could not have been reasonably discoverable at the time of the taking
of the order, offer, or contract; or
(iii) Excessive additional miles or a discrepancy in the mileage.
"Excessive additional miles" means the addition of five hundred miles
or more, as reflected on the vehicle's odometer, between the time the
vehicle was first valued by the dealer for purposes of determining its
trade-in value and the time of actual delivery of the vehicle to the
dealer. "A discrepancy in the mileage" means (A) a discrepancy between
the mileage reflected on the vehicle's odometer and the stated mileage
on the signed odometer statement; or (B) a discrepancy between the
mileage stated on the signed odometer statement and the actual mileage
on the vehicle; or
(c) Fails to comply with the obligation of any written warranty or
guarantee given by the dealer requiring the furnishing of services or
repairs within a reasonable time.
(5) To commit any offense relating to odometers, as such offenses
are defined in RCW 46.37.540, 46.37.550, 46.37.560, and 46.37.570. A
violation of this subsection is a class C felony punishable under
chapter 9A.20 RCW.
(6) For any vehicle dealer or vehicle salesperson to refuse to
furnish, upon request of a prospective purchaser or lessee, for
vehicles previously registered to a business or governmental entity,
the name and address of the business or governmental entity.
(7) To commit any other offense under RCW 46.37.423, 46.37.424, or
46.37.425.
(8) To commit any offense relating to a dealer's temporary license
permit, including but not limited to failure to properly complete each
such permit, or the issuance of more than one such permit on any one
vehicle. However, a dealer may issue a second temporary permit on a
vehicle if the following conditions are met:
(a) The lienholder fails to deliver the vehicle title to the dealer
within the required time period;
(b) The dealer has satisfied the lien; and
(c) The dealer has proof that payment of the lien was made within
two calendar days, exclusive of Saturday, Sunday, or a legal holiday,
after the sales contract has been executed by all parties and all
conditions and contingencies in the sales contract have been met or
otherwise satisfied.
(9) For a dealer, salesperson, or mobile home manufacturer, having
taken an instrument or cash "on deposit" from a purchaser or lessee
prior to the delivery of the bargained-for vehicle, to commingle the
"on deposit" funds with assets of the dealer, salesperson, or mobile
home manufacturer instead of holding the "on deposit" funds as trustee
in a separate trust account until the purchaser or lessee has taken
delivery of the bargained-for vehicle. Delivery of a manufactured home
shall be deemed to occur in accordance with RCW 46.70.135(5). Failure,
immediately upon receipt, to endorse "on deposit" instruments to such
a trust account, or to set aside "on deposit" cash for deposit in such
trust account, and failure to deposit such instruments or cash in such
trust account by the close of banking hours on the day following
receipt thereof, shall be evidence of intent to commit this unlawful
practice: PROVIDED, HOWEVER, That a motor vehicle dealer may keep a
separate trust account which equals his or her customary total customer
deposits for vehicles for future delivery. For purposes of this
section, "on deposit" funds received from a purchaser of a manufactured
home means those funds that a seller requires a purchaser to advance
before ordering the manufactured home, but does not include any loan
proceeds or moneys that might have been paid on an installment
contract.
(10) For a dealer or manufacturer to fail to comply with the
obligations of any written warranty or guarantee given by the dealer or
manufacturer requiring the furnishing of goods and services or repairs
within a reasonable period of time, or to fail to furnish to a
purchaser or lessee, all parts which attach to the manufactured unit
including but not limited to the undercarriage, and all items specified
in the terms of a sales or lease agreement signed by the seller and
buyer or lessee.
(11) For a vehicle dealer to pay to or receive from any person,
firm, partnership, association, or corporation acting, either directly
or through a subsidiary, as a buyer's agent for consumers, any
compensation, fee, purchase moneys or funds that have been deposited
into or withdrawn out of any account controlled or used by any buyer's
agent, gratuity, or reward in connection with the purchase, sale, or
lease of a new motor vehicle.
(12) For a buyer's agent, acting directly or through a subsidiary,
to pay to or to receive from any motor vehicle dealer any compensation,
fee, gratuity, or reward in connection with the purchase, sale, or
lease of a new motor vehicle. In addition, it is unlawful for any
buyer's agent to engage in any of the following acts on behalf of or in
the name of the consumer:
(a) Receiving or paying any purchase moneys or funds into or out of
any account controlled or used by any buyer's agent;
(b) Signing any vehicle purchase orders, sales contracts, leases,
odometer statements, or title documents, or having the name of the
buyer's agent appear on the vehicle purchase order, sales contract,
lease, or title; or
(c) Signing any other documentation relating to the purchase, sale,
lease, or transfer of any new motor vehicle.
It is unlawful for a buyer's agent to use a power of attorney
obtained from the consumer to accomplish or effect the purchase, sale,
lease, or transfer of ownership documents of any new motor vehicle by
any means which would otherwise be prohibited under (a) through (c) of
this subsection. However, the buyer's agent may use a power of
attorney for physical delivery of motor vehicle license plates to the
consumer.
Further, it is unlawful for a buyer's agent to engage in any false,
deceptive, or misleading advertising, disseminated in any manner
whatsoever, including but not limited to making any claim or statement
that the buyer's agent offers, obtains, or guarantees the lowest price
on any motor vehicle or words to similar effect.
(13) For a buyer's agent to arrange for or to negotiate the
purchase, or both, of a new motor vehicle through an out-of-state
dealer without disclosing in writing to the customer that the new
vehicle would not be subject to chapter 19.118 RCW. This subsection
also applies to leased vehicles. In addition, it is unlawful for any
buyer's agent to fail to have a written agreement with the customer
that: (a) Sets forth the terms of the parties' agreement; (b)
discloses to the customer the total amount of any fees or other
compensation being paid by the customer to the buyer's agent for the
agent's services; and (c) further discloses whether the fee or any
portion of the fee is refundable.
(14) Being a manufacturer, other than a motorcycle manufacturer
governed by chapter 46.93 RCW, to:
(a) Coerce or attempt to coerce any vehicle dealer to order or
accept delivery of any vehicle or vehicles, parts or accessories, or
any other commodities which have not been voluntarily ordered by the
vehicle dealer: PROVIDED, That recommendation, endorsement,
exposition, persuasion, urging, or argument are not deemed to
constitute coercion;
(b) Cancel or fail to renew the franchise or selling agreement of
any vehicle dealer doing business in this state without fairly
compensating the dealer at a fair going business value for his or her
capital investment which shall include but not be limited to tools,
equipment, and parts inventory possessed by the dealer on the day he or
she is notified of such cancellation or termination and which are still
within the dealer's possession on the day the cancellation or
termination is effective, if: (i) The capital investment has been
entered into with reasonable and prudent business judgment for the
purpose of fulfilling the franchise; and (ii) the cancellation or
nonrenewal was not done in good faith. Good faith is defined as the
duty of each party to any franchise to act in a fair and equitable
manner towards each other, so as to guarantee one party freedom from
coercion, intimidation, or threats of coercion or intimidation from the
other party: PROVIDED, That recommendation, endorsement, exposition,
persuasion, urging, or argument are not deemed to constitute a lack of
good faith;
(c) Encourage, aid, abet, or teach a vehicle dealer to sell or
lease vehicles through any false, deceptive, or misleading sales or
financing practices including but not limited to those practices
declared unlawful in this section;
(d) Coerce or attempt to coerce a vehicle dealer to engage in any
practice forbidden in this section by either threats of actual
cancellation or failure to renew the dealer's franchise agreement;
(e) Refuse to deliver any vehicle publicly advertised for immediate
delivery to any duly licensed vehicle dealer having a franchise or
contractual agreement for the retail sale or lease of new and unused
vehicles sold or distributed by such manufacturer within sixty days
after such dealer's order has been received in writing unless caused by
inability to deliver because of shortage or curtailment of material,
labor, transportation, or utility services, or by any labor or
production difficulty, or by any cause beyond the reasonable control of
the manufacturer;
(f) To provide under the terms of any warranty that a purchaser or
lessee of any new or unused vehicle that has been sold or leased,
distributed for sale or lease, or transferred into this state for
resale or lease by the vehicle manufacturer may only make any warranty
claim on any item included as an integral part of the vehicle against
the manufacturer of that item.
Nothing in this section may be construed to impair the obligations
of a contract or to prevent a manufacturer, distributor,
representative, or any other person, whether or not licensed under this
chapter, from requiring performance of a written contract entered into
with any licensee hereunder, nor does the requirement of such
performance constitute a violation of any of the provisions of this
section if any such contract or the terms thereof requiring
performance, have been freely entered into and executed between the
contracting parties. This paragraph and subsection (14)(b) of this
section do not apply to new motor vehicle manufacturers governed by
chapter 46.96 RCW.
(15) Unlawful transfer of an ownership interest in a motor vehicle
as defined in RCW 19.116.050.
(16) To knowingly and intentionally engage in collusion with a
registered owner of a vehicle to repossess and return or resell the
vehicle to the registered owner in an attempt to avoid a suspended
license impound under chapter 46.55 RCW. However, compliance with
chapter 62A.9A RCW in repossessing, selling, leasing, or otherwise
disposing of the vehicle, including providing redemption rights to the
debtor, is not a violation of this section.
(17)(a) For a dealer to enter into a new motor vehicle sales
contract without disclosing in writing to a buyer of the new motor
vehicle, or to a dealer in the case of an unregistered motor vehicle,
any known damage and repair to the new motor vehicle if the damage
exceeds five percent of the manufacturer's suggested retail price as
calculated at the dealer's authorized warranty rate for labor and
parts, or one thousand dollars, whichever amount is greater. A
manufacturer or new motor vehicle dealer is not required to disclose to
a dealer or buyer that glass, tires, bumpers, or cosmetic parts of a
new motor vehicle were damaged at any time if the damaged item has been
replaced with original or comparable equipment. A replaced part is not
part of the cumulative damage required to be disclosed under this
subsection.
(b) A manufacturer is required to provide the same disclosure to a
dealer of any known damage or repair as required in (a) of this
subsection.
(c) If disclosure of any known damage or repair is not required
under this section, a buyer may not revoke or rescind a sales contract
due to the fact that the new motor vehicle was damaged and repaired
before completion of the sale.
(d) As used in this section:
(i) "Cosmetic parts" means parts that are attached by and can be
replaced in total through the use of screws, bolts, or other fasteners
without the use of welding or thermal cutting, and includes
windshields, bumpers, hoods, or trim panels.
(ii) "Manufacturer's suggested retail price" means the retail price
of the new motor vehicle suggested by the manufacturer, and includes
the retail delivered price suggested by the manufacturer for each
accessory or item of optional equipment physically attached to the new
motor vehicle at the time of delivery to the new motor vehicle dealer
that is not included within the retail price suggested by the
manufacturer for the new motor vehicle.
Sec. 1137 RCW 46.72.060 and 1961 c 12 s 46.72.060 are each
amended to read as follows:
Every person having a cause of action for damages against any
person, firm, or corporation receiving a permit under the provisions of
this chapter, for injury, damages or wrongful death caused by any
careless, negligent or unlawful act of any such person, firm, or
corporation or his, their, or its agents or employees in conducting or
carrying on said business or in operating any motor propelled vehicle
for the carrying and transporting of passengers ((over and along)) on
any public street, road or highway shall have a cause of action against
the principal and surety upon the bond or the insurance company and the
insured for all damages sustained, and in any such action the full
amount of damages sustained may be recovered against the principal, but
the recovery against the surety shall be limited to the amount of the
bond.
Sec. 1138 RCW 46.80.010 and 1999 c 278 s 1 are each amended to
read as follows:
The definitions set forth in this section apply throughout this
chapter.
(1) "Vehicle wrecker" means every person, firm, partnership,
association, or corporation engaged in the business of buying, selling,
or dealing in vehicles of a type required to be ((licensed)) registered
under the laws of this state, for the purpose of wrecking, dismantling,
disassembling, or substantially changing the form of a vehicle, or who
buys or sells integral secondhand parts of component material thereof,
in whole or in part, or who deals in secondhand vehicle parts.
(2) "Core" means a major component part received by a vehicle
wrecker in exchange for a like part sold by the vehicle wrecker, is not
resold as a major component part except for scrap metal value or for
remanufacture, and the vehicle wrecker maintains records for three
years from the date of acquisition to identify the name of the person
from whom the core was received.
(3) "Established place of business" means a building or enclosure
which the vehicle wrecker occupies either continuously or at regular
periods and where his books and records are kept and business is
transacted and which must conform with zoning regulations.
(4) "Interim owner" means the owner of a vehicle who has the
original certificate of ((ownership)) title for the vehicle, which
certificate has been released by the person named on the certificate
and assigned to the person offering to sell the vehicle to the wrecker.
(5) "Major component part" includes at least each of the following
vehicle parts: (a) Engines and short blocks; (b) frame; (c)
transmission and/or transfer case; (d) cab; (e) door; (f) front or rear
differential; (g) front or rear clip; (h) quarter panel; (i) truck bed
or box; (j) seat; (k) hood; (l) bumper; (m) fender; and (n) airbag.
The director may supplement this list by rule.
(6) "Wrecked vehicle" means a vehicle which is disassembled or
dismantled or a vehicle which is acquired with the intent to dismantle
or disassemble and never again to operate as a vehicle, or a vehicle
which has sustained such damage that its cost to repair exceeds the
fair market value of a like vehicle which has not sustained such
damage, or a damaged vehicle whose salvage value plus cost to repair
equals or exceeds its fair market value, if repaired, or a vehicle
which has sustained such damage or deterioration that it may not
lawfully operate upon the highways of this state for which the salvage
value plus cost to repair exceeds its fair market value, if repaired;
further, it is presumed that a vehicle is a wreck if it has sustained
such damage or deterioration that it may not lawfully operate upon the
highways of this state.
Sec. 1139 RCW 46.80.090 and 1999 c 278 s 3 are each amended to
read as follows:
Within thirty days after acquiring a vehicle, the vehicle wrecker
shall furnish a written report to the department. This report shall be
in such form as the department shall prescribe and shall be accompanied
by evidence of ownership as determined by the department. No vehicle
wrecker may acquire a vehicle, including a vehicle from an interim
owner, without first obtaining evidence of ownership as determined by
the department. For a vehicle from an interim owner, the evidence of
ownership may not require that a title be issued in the name of the
interim owner as required by RCW 46.12.101 (as recodified by this act).
The vehicle wrecker shall furnish a monthly report of all acquired
vehicles. This report shall be made on forms prescribed by the
department and contain such information as the department may require.
This statement shall be signed by the vehicle wrecker or an authorized
representative and the facts therein sworn to before a notary public,
or before an officer or employee of the department designated by the
director to administer oaths or acknowledge signatures, pursuant to RCW
46.01.180.
Sec. 1140 RCW 46.87.010 and 2005 c 194 s 1 are each amended to
read as follows:
This chapter applies to proportional registration and reciprocity
granted under the provisions of the International Registration Plan
(IRP). This chapter shall become effective and be implemented
beginning with the 1988 registration year.
(1) Provisions and terms of the IRP prevail unless given a
different meaning in chapter 46.04 RCW, this chapter, or in rules
adopted under the authority of this chapter.
(2) The director may adopt and enforce rules deemed necessary to
implement and administer this chapter.
(3) Owners having a fleet of apportionable vehicles operating in
two or more IRP member jurisdictions may elect to proportionally
register the vehicles of the fleet under the provisions of the IRP and
this chapter in lieu of full or temporary registration as provided for
in chapter((s)) 46.16 ((or 46.88)) RCW.
(4) If a due date or an expiration date established under authority
of this chapter falls on a Saturday, Sunday, or a state legal holiday,
such period is automatically extended through the end of the next
business day.
Sec. 1141 RCW 46.87.020 and 2005 c 194 s 2 are each amended to
read as follows:
Terms used in this chapter have the meaning given to them in the
International Registration Plan (IRP), in chapter 46.04 RCW, or as
otherwise defined in this section. Definitions given to terms by the
IRP prevail unless given a different meaning in this chapter or in
rules adopted under authority of this chapter.
(1) "Apportionable vehicle" has the meaning given by the IRP,
except that it does not include vehicles with a declared gross weight
of twelve thousand pounds or less. Apportionable vehicles include
trucks, tractors, truck tractors, road tractors, and buses, each as
separate and licensable vehicles.
(2) "Cab card" is a certificate of registration issued for a
vehicle upon which is disclosed the jurisdictions and registered gross
weights in such jurisdictions for which the vehicle is registered.
(3) "Credentials" means cab cards, apportioned plates (for
Washington-based fleets), and validation tabs issued for proportionally
registered vehicles.
(4) "Declared combined gross weight" means the total unladen weight
of any combination of vehicles plus the weight of the maximum load to
be carried on the combination of vehicles as set by the registrant in
the application pursuant to chapter 46.44 RCW and for which
registration fees have been or are to be paid.
(5) "Declared gross weight" means the total unladen weight of any
vehicle plus the weight of the maximum load to be carried on the
vehicle as set by the registrant in the application pursuant to chapter
46.44 RCW and for which registration fees have been or are to be paid.
In the case of a bus, auto stage, or a passenger-carrying for hire
vehicle with a seating capacity of more than six, the declared gross
weight shall be determined by multiplying the average load factor of
one hundred and fifty pounds by the number of seats in the vehicle,
including the driver's seat, and add this amount to the unladen weight
of the vehicle. If the resultant gross weight is not listed in ((RCW
46.16.070)) section 530 of this act, it will be increased to the next
higher gross weight so listed pursuant to chapter 46.44 RCW.
(6) "Department" means the department of licensing.
(7) "Fleet" means one or more apportionable vehicles in the IRP.
(8) "In-jurisdiction miles" means the total miles accumulated in a
jurisdiction during the preceding year by vehicles of the fleet while
they were a part of the fleet.
(9) "IRP" means the International Registration Plan.
(10) "Jurisdiction" means and includes a state, territory or
possession of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, a foreign country, and a state or province
of a foreign country.
(11) "Motor carrier" means an entity engaged in the transportation
of goods or persons. The term includes a for-hire motor carrier,
private motor carrier, contract motor carrier, or exempt motor carrier.
The term includes a registrant licensed under this chapter, a motor
vehicle lessor, and a motor vehicle lessee.
(12) "Owner" means a person or business firm who holds the legal
title to a vehicle, or if a vehicle is the subject of an agreement for
its conditional sale with the right of purchase upon performance of the
conditions stated in the agreement and with an immediate right of
possession vested in the conditional vendee, or if a vehicle is subject
to a lease, contract, or other legal arrangement vesting right of
possession or control, for security or otherwise, or if a mortgagor of
a vehicle is entitled to possession, then the owner is deemed to be the
person or business firm in whom is vested right of possession or
control.
(13) "Preceding year" means the period of twelve consecutive months
immediately before July 1st of the year immediately before the
commencement of the registration or license year for which apportioned
registration is sought.
(14) "Prorate percentage" is the factor that is applied to the
total proratable fees and taxes to determine the apportionable or
prorate fees required for registration in a particular jurisdiction.
It is determined by dividing the in-jurisdiction miles for a particular
jurisdiction by the total miles. This term is synonymous with the term
"mileage percentage."
(15) "Registrant" means a person, business firm, or corporation in
whose name or names a vehicle or fleet of vehicles is registered.
(16) "Registration year" means the twelve-month period during which
the registration plates issued by the base jurisdiction are valid
according to the laws of the base jurisdiction.
(17) "Total miles" means the total number of miles accumulated in
all jurisdictions during the preceding year by all vehicles of the
fleet while they were a part of the fleet. Mileage accumulated by
vehicles of the fleet that did not engage in interstate operations is
not included in the fleet miles.
Sec. 1142 RCW 46.87.030 and 2005 c 194 s 3 are each amended to
read as follows:
(1) When application to register an apportionable vehicle is made,
the Washington prorated fees may be reduced by one-twelfth for each
full registration month that has elapsed at the time a temporary
authorization permit (TAP) was issued or if no TAP was issued, at such
time as an application for registration is received in the department.
If a vehicle is being added to a currently registered fleet, the
prorate percentage previously established for the fleet for such
registration year shall be used in the computation of the proportional
fees and taxes due.
(2) If any vehicle is withdrawn from a proportionally registered
fleet during the period for which it is registered under this chapter,
the registrant of the fleet shall notify the department on appropriate
forms prescribed by the department. The department may require the
registrant to surrender credentials that were issued to the vehicle.
If a motor vehicle is permanently withdrawn from a proportionally
registered fleet because it has been destroyed, sold, or otherwise
completely removed from the service of the fleet registrant, the unused
portion of the ((licensing)) license fee paid under ((RCW 46.16.070))
section 530 of this act with respect to the vehicle reduced by one-twelfth for each calendar month and fraction thereof elapsing between
the first day of the month of the current registration year in which
the vehicle was registered and the date the notice of withdrawal,
accompanied by such credentials as may be required, is received in the
department, shall be credited to the fleet proportional registration
account of the registrant. Credit shall be applied against the
((licensing)) license fee liability for subsequent additions of motor
vehicles to be proportionally registered in the fleet during such
registration year or for additional ((licensing)) license fees due
under ((RCW 46.16.070)) section 530 of this act or to be due upon audit
under RCW 46.87.310. If any credit is less than fifteen dollars, no
credit will be entered. In lieu of credit, the registrant may choose
to transfer the unused portion of the ((licensing)) license fee for the
motor vehicle to the new owner, in which case it shall remain with the
motor vehicle for which it was originally paid. In no event may any
amount be credited against fees other than those for the registration
year from which the credit was obtained nor is any amount subject to
refund.
Sec. 1143 RCW 46.87.140 and 2005 c 194 s 9 are each amended to
read as follows:
(1) Any owner engaged in interstate operations of one or more
fleets of apportionable vehicles may, in lieu of registration of the
vehicles under chapter 46.16 RCW, register and license the vehicles of
each fleet under this chapter by filing a proportional registration
application for each fleet with the department. The application shall
contain the following information and such other information pertinent
to vehicle registration as the department may require:
(a) A description and identification of each vehicle of the fleet.
(b) The member jurisdictions in which registration is desired and
such other information as member jurisdictions require.
(c) An original or renewal application shall also be accompanied by
a mileage schedule for each fleet.
(d) The USDOT number issued to the registrant and the USDOT number
of the motor carrier responsible for the safety of the vehicle, if
different.
(e) A completed Motor Carrier Identification Report (MCS-150) at
the time of fleet renewal or at the time of vehicle registration, if
required by the department.
(f) The Taxpayer Identification Number of the registrant and the
motor carrier responsible for the safety of the vehicle, if different.
(2) Each application shall, at the time and in the manner required
by the department, be supported by payment of a fee computed as
follows:
(a) Divide the in-jurisdiction miles by the total miles and carry
the answer to the nearest thousandth of a percent (three places beyond
the decimal, e.g. 10.543%). This factor is known as the prorate
percentage.
(b) Determine the total proratable fees and taxes required for each
vehicle in the fleet for which registration is requested, based on the
regular annual fees and taxes or applicable fees and taxes for the
unexpired portion of the registration year under the laws of each
jurisdiction for which fees or taxes are to be calculated.
Applicable fees and taxes for vehicles of Washington-based fleets
are those prescribed under ((RCW 46.16.070)) section 530 of this act,
((46.16.085)) section 531(1)(c) of this act, and RCW 82.38.075, as
applicable. If, during the registration period, the lessor of an
apportioned vehicle changes and the vehicle remains in the fleet of the
registrant, the department shall only charge those fees prescribed for
the issuance of new apportioned license plates, validation tabs, and
cab card.
(c) Multiply the total, proratable fees or taxes for each motor
vehicle by the prorate percentage applicable to the desired
jurisdiction and round the results to the nearest cent.
(d) Add the total fees and taxes determined in (c) of this
subsection for each vehicle to the nonproratable fees required under
the laws of the jurisdiction for which fees are being calculated.
Nonproratable fees required for vehicles of Washington-based fleets are
the administrative fee required by RCW 82.38.075, if applicable, and
the vehicle transaction fee pursuant to the provisions of RCW
46.87.130.
(e) The amount due and payable for the application is the sum of
the fees and taxes calculated for each member jurisdiction in which
registration of the fleet is desired.
(3) All assessments for proportional registration fees are due and
payable in United States funds on the date presented or mailed to the
registrant at the address listed in the proportional registration
records of the department. The registrant may petition for
reassessment of the fees or taxes due under this section within thirty
days of the date of original service as provided for in this chapter.
Sec. 1144 RCW 46.87.220 and 1987 c 244 s 35 are each amended to
read as follows:
The gross weight in the case of a motor truck, tractor, or truck
tractor is the scale weight of the motor truck, tractor, or truck
tractor, plus the scale weight of any trailer, semitrailer, converter
gear, or pole trailer to be towed by it, to which shall be added the
weight of the maximum load to be carried on it or towed by it as set
forth by the licensee in the application providing it does not exceed
the weight limitations prescribed by chapter 46.44 RCW.
The gross weight in the case of a bus, auto stage, or for hire
vehicle, except a taxicab, with a seating capacity over six, is the
scale weight of the bus, auto stage, or for hire vehicle plus the
seating capacity, including the operator's seat, computed at one
hundred and fifty pounds per seat.
If the resultant gross weight, according to this section, is not
listed in ((RCW 46.16.070)) section 530 of this act, it will be
increased to the next higher gross weight so listed pursuant to chapter
46.44 RCW.
A motor vehicle or combination of vehicles found to be loaded
beyond the licensed gross weight of the motor vehicle registered under
this chapter shall be cited and handled under RCW 46.16.140 and
46.16.145 (as recodified by this act).
NEW SECTION. Sec. 1145 A new section is added to chapter 47.06
RCW to read as follows:
(1) The department of transportation may increase the recreational
vehicle sanitary disposal fee charged under section 534 of this act as
authorized in RCW 43.135.055 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 an evaluation of
the following factors:
(a) Maintenance of a self-supporting program;
(b) Levels of service at existing recreational vehicle sanitary
disposal facilities;
(c) Identified needs for improved recreational vehicle service at
safety rest areas statewide;
(d) Sewage treatment costs; and
(e) Inflation.
(2) If the department of transportation 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. 1146 RCW 47.10.704 and 1961 c 13 s 47.10.704 are each
amended to read as follows:
In order to facilitate vehicular traffic through and between the
cities of Tacoma, Seattle, and Everett and to remove the present
handicaps and hazards ((over and along)) on primary state highway No.
1 as presently established, the state highway commission is authorized
to realign, redesign, and reconstruct primary state highway No. 1 upon
a newly located right-of-way or upon portions of existing right-of-way
through and between the cities of Tacoma, Seattle, and Everett and as
an additional alternate route bypassing Seattle east of Lake
Washington. The route of the proposed project is established as
follows: Beginning in the vicinity of Ponders Corner, thence in a
general northeasterly and northerly direction through the cities of
Tacoma and Seattle to a point in the vicinity of the city of Everett
and as an additional alternate route bypassing Seattle east of Lake
Washington.
Sec. 1147 RCW 47.68.255 and 2003 c 53 s 266 are each amended to
read as follows:
A person who is required to register an aircraft under this chapter
and who registers an aircraft in another state or foreign country
evading the Washington aircraft excise tax is guilty of a gross
misdemeanor. For a second or subsequent offense, the person convicted
is also subject to a fine equal to four times the amount of avoided
taxes and fees, no part of which may be suspended or deferred. Excise
taxes owed and fines assessed will be deposited in the manner provided
under RCW 46.16.010(((4))) (6) (as recodified by this act).
Sec. 1148 RCW 48.22.110 and 2003 c 248 s 10 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this section and RCW 48.22.115 through
48.22.135.
(1) "Borrower" means a person who receives a loan or enters into a
retail installment contract under chapter 63.14 RCW to purchase a motor
vehicle or vessel in which the secured party holds an interest.
(2) "Motor vehicle" means a motor vehicle in this state subject to
registration under chapter 46.16 RCW, except motor vehicles governed by
RCW 46.16.020 (as recodified by this act) or registered with the
Washington utilities and transportation commission as common or
contract carriers.
(3) "Secured party" means a person, corporation, association,
partnership, or venture that possesses a bona fide security interest in
a motor vehicle or vessel.
(4) "Vendor single-interest" or "collateral protection coverage"
means insurance coverage insuring primarily or solely the interest of
a secured party but which may include the interest of the borrower in
a motor vehicle or vessel serving as collateral and obtained by the
secured party or its agent after the borrower has failed to obtain or
maintain insurance coverage required by the financing agreement for the
motor vehicle or vessel. Vendor single-interest or collateral
protection coverage does not include insurance coverage purchased by a
secured party for which the borrower is not charged.
(5) "Vessel" means a vessel as defined in RCW 88.02.010 (as
recodified by this act) and includes personal watercraft as defined in
RCW 79A.60.010.
Sec. 1149 RCW 59.21.050 and 2002 c 257 s 4 are each amended to
read as follows:
(1) The existence of the mobile home park relocation fund in the
custody of the state treasurer is affirmed. Expenditures from the fund
may be used only for relocation assistance awarded under this chapter.
Only the director or the director's designee may authorize expenditures
from the fund. All relocation payments to tenants shall be made from
the fund. The fund is subject to allotment procedures under chapter
43.88 RCW, but no appropriation is required for expenditures.
(2) A park tenant is eligible for assistance under this chapter
only after an application is submitted by that tenant or an
organization acting on the tenant's account under RCW 59.21.021(4) on
a form approved by the director which shall include:
(a) For those persons who maintained ownership of and relocated
their homes or removed their homes from the park: (i) A copy of the
notice from the park-owner, or other adequate proof, that the tenancy
is terminated due to closure of the park or its conversion to another
use; (ii) a copy of the rental agreement then in force, or other proof
that the applicant was a tenant at the time of notice of closure; (iii)
a copy of the contract for relocating the home which includes the date
of relocation, or other proof of actual relocation expenses incurred on
a date certain; and (iv) a statement of any other available assistance;
(b) For those persons who sold their homes and incurred no
relocation expenses: (i) A copy of the notice from the park-owner, or
other adequate proof, that the tenancy is terminated due to closure of
the park or its conversion to another use; (ii) a copy of the rental
agreement then in force, or other proof that the applicant was a tenant
at the time of notice of closure; and (iii) a copy of the record of
title transfer issued by the department of licensing when the tenant
sold the home rather than relocate it due to park closure or
conversion.
(3) The department may deduct a percentage amount of the fee
collected under ((RCW 59.21.055)) section 511 of this act, not to
exceed five percent of the fees received, for administration expenses
incurred by the department.
Sec. 1150 RCW 59.22.020 and 2009 c 565 s 48 are each reenacted
and amended to read as follows:
The following definitions shall apply throughout this chapter
unless the context clearly requires otherwise:
(1) "Account" means the manufactured housing account created under
RCW 59.22.070.
(2) "Affordable" means that, where feasible, low-income residents
should not pay more than thirty percent of their monthly income for
housing costs.
(3) "Conversion costs" includes the cost of acquiring the mobile
home park, the costs of planning and processing the conversion, the
costs of any needed repairs or rehabilitation, and any expenditures
required by a government agency or lender for the project.
(4) "Department" means the department of commerce.
(5) "Fee" means the mobile home title transfer fee imposed under
((RCW 59.22.080)) section 510 of this act.
(6) "Fund" or "park purchase account" means the mobile home park
purchase account created pursuant to RCW 59.22.030.
(7) "Housing costs" means the total cost of owning, occupying, and
maintaining a mobile home and a lot or space in a mobile home park.
(8) "Individual interest in a mobile home park" means any interest
which is fee ownership or a lesser interest which entitles the holder
to occupy a lot or space in a mobile home park for a period of not less
than either fifteen years or the life of the holder. Individual
interests in a mobile home park include, but are not limited to, the
following:
(a) Ownership of a lot or space in a mobile home park or
subdivision;
(b) A membership or shares in a stock cooperative, or a limited
equity housing cooperative; or
(c) Membership in a nonprofit mutual benefit corporation which
owns, operates, or owns and operates the mobile home park.
(9) "Landlord" shall have the same meaning as it does in RCW
59.20.030.
(10) "Low-income resident" means an individual or household who
resided in the mobile home park prior to application for a loan
pursuant to this chapter and with an annual income at or below eighty
percent of the median income for the county of standard metropolitan
statistical area of residence. Net worth shall be considered in the
calculation of income with the exception of the resident's
mobile/
(11) "Low-income spaces" means those spaces in a mobile home park
operated by a resident organization which are occupied by low-income
residents.
(12) "Manufactured housing" means residences constructed on one or
more chassis for transportation, and which bear an insignia issued by
a state or federal regulatory agency indication compliance with all
applicable construction standards of the United States department of
housing and urban development.
(13) "Mobile home" shall have the same meaning as it does in RCW
46.04.302.
(14) "Mobile home lot" shall have the same meaning as it does in
RCW 59.20.030.
(15) "Mobile home park" means a mobile home park, as defined in RCW
59.20.030(10), or a manufactured home park subdivision as defined by
RCW 59.20.030(12) created by the conversion to resident ownership of a
mobile home park.
(16) "Resident organization" means a group of mobile home park
residents who have formed a nonprofit corporation, cooperative
corporation, or other entity or organization for the purpose of
acquiring the mobile home park in which they reside and converting the
mobile home park to resident ownership. The membership of a resident
organization shall include at least two-thirds of the households
residing in the mobile home park at the time of application for
assistance from the department.
(17) "Resident ownership" means, depending on the context, either
the ownership, by a resident organization, as defined in this section,
of an interest in a mobile home park which entitles the resident
organization to control the operations of the mobile home park for a
term of no less than fifteen years, or the ownership of individual
interests in a mobile home park, or both.
(18) "Tenant" means a person who rents a mobile home lot for a term
of one month or longer and owns the mobile home on the lot.
Sec. 1151 RCW 62A.9A-311 and 2001 c 32 s 25 are each amended to
read as follows:
(a) Security interest subject to other law. Except as otherwise
provided in subsection (d) of this section, the filing of a financing
statement is not necessary or effective to perfect a security interest
in property subject to:
(1) A statute, regulation, or treaty of the United States whose
requirements for a security interest's obtaining priority over the
rights of a lien creditor with respect to the property preempt RCW
62A.9A-310(a);
(2) RCW ((46.12.095)) 46.12.170 or 88.02.070 (as recodified by this
act), or chapter 65.12 RCW; or
(3) A certificate-of-title statute of another jurisdiction which
provides for a security interest to be indicated on the certificate as
a condition or result of the security interest's obtaining priority
over the rights of a lien creditor with respect to the property.
(b) Compliance with other law. Compliance with the requirements of
a statute, regulation, or treaty described in subsection (a) of this
section for obtaining priority over the rights of a lien creditor is
equivalent to the filing of a financing statement under this Article.
Except as otherwise provided in subsection (d) of this section, RCW
62A.9A-313, and 62A.9A-316 (d) and (e) for goods covered by a
certificate of title, a security interest in property subject to a
statute, regulation, or treaty described in subsection (a) of this
section may be perfected only by compliance with those requirements,
and a security interest so perfected remains perfected notwithstanding
a change in the use or transfer of possession of the collateral.
(c) Duration and renewal of perfection. Except as otherwise
provided in subsection (d) of this section and RCW 62A.9A-316 (d) and
(e), duration and renewal of perfection of a security interest
perfected by compliance with the requirements prescribed by a statute,
regulation, or treaty described in subsection (a) of this section are
governed by the statute, regulation, or treaty. In other respects, the
security interest is subject to this Article.
(d) Inapplicability to certain inventory. During any period in
which collateral subject to RCW 46.12.095 or 88.02.070 (as recodified
by this act), or chapter 65.12 RCW is inventory held for sale or lease
by a person or leased by that person as lessor and that person is in
the business of selling goods of that kind, this section does not apply
to a security interest in that collateral created by that person.
Sec. 1152 RCW 63.14.010 and 2009 c 334 s 11 are each reenacted
and amended to read as follows:
In this chapter, unless the context otherwise requires:
(1) "Financial institution" means any bank or trust company, mutual
savings bank, credit union, or savings and loan association organized
pursuant to the laws of any one of the United States of America or the
United States of America, or the laws of a foreign country if also
qualified to conduct business in any one of the United States of
America or pursuant to the laws of the United States of America;
(2) "Goods" means all chattels personal when purchased primarily
for personal, family, or household use and not for commercial or
business use, but not including money or, except as provided in the
next sentence, things in action. The term includes but is not limited
to merchandise certificates or coupons, issued by a retail seller, to
be used in their face amount in lieu of cash in exchange for goods or
services sold by such a seller and goods which, at the time of sale or
subsequently, are to be so affixed to real property as to become a part
thereof, whether or not severable therefrom;
(3) "Lender credit card" means a card or device under a lender
credit card agreement pursuant to which the issuer gives to a
cardholder residing in this state the privilege of obtaining credit
from the issuer or other persons in purchasing or leasing property or
services, obtaining loans, or otherwise, and the issuer of which is
not: (a) Principally engaged in the business of selling goods; or (b)
a financial institution;
(4) "Lender credit card agreement" means an agreement entered into
or performed in this state prescribing the terms of retail installment
transactions pursuant to which the issuer may, with the buyer's
consent, purchase or acquire one or more retail sellers' indebtedness
of the buyer under a sales slip or memorandum evidencing the purchase,
lease, loan, or otherwise to be paid in accordance with the agreement.
The issuer of a lender credit card agreement shall not be principally
engaged in the business of selling goods or be a financial institution;
(5) "Official fees" means the amount of the fees prescribed by law
and payable to the state, county, or other governmental agency for
filing, recording, or otherwise perfecting, and releasing or
satisfying, a retained title, lien, or other security interest created
by a retail installment transaction;
(6) "Person" means an individual, partnership, joint venture,
corporation, association, or any other group, however organized;
(7) "Principal balance" means the sale price of the goods or
services which are the subject matter of a retail installment contract
less the amount of the buyer's down payment in money or goods or both,
plus the amounts, if any, included therein, if a separate identified
charge is made therefor and stated in the contract, for insurance, any
vehicle dealer administrative fee, any vehicle dealer documentary
service fee, and official fees; and the amount actually paid or to be
paid by the retail seller pursuant to an agreement with the buyer to
discharge a security interest or lien on like-kind goods traded in or
lease interest in the circumstance of a lease for like goods being
terminated in conjunction with the sale pursuant to a retail
installment contract;
(8) "Rate" means the percentage which, when multiplied times the
outstanding balance for each month or other installment period, yields
the amount of the service charge for such month or period;
(9) "Retail buyer" or "buyer" means a person who buys or agrees to
buy goods or obtain services or agrees to have services rendered or
furnished, from a retail seller;
(10) "Retail charge agreement," "revolving charge agreement," or
"charge agreement" means an agreement between a retail buyer and a
retail seller that is entered into or performed in this state and that
prescribes the terms of retail installment transactions with one or
more sellers which may be made thereunder from time to time and under
the terms of which a service charge, as defined in this section, is to
be computed in relation to the buyer's unpaid balance from time to
time;
(11) "Retail installment contract" or "contract" means a contract,
other than a retail charge agreement, a lender credit card agreement,
or an instrument reflecting a sale made pursuant thereto, entered into
or performed in this state for a retail installment transaction. The
term "retail installment contract" may include a chattel mortgage, a
conditional sale contract, and a contract in the form of a bailment or
a lease if the bailee or lessee contracts to pay as compensation for
their use a sum substantially equivalent to or in excess of the value
of the goods sold and if it is agreed that the bailee or lessee is
bound to become, or for no other or a merely nominal consideration, has
the option of becoming the owner of the goods upon full compliance with
the provisions of the bailment or lease. The term "retail installment
contract" does not include: (a) A "consumer lease," heretofore or
hereafter entered into, as defined in RCW 63.10.020; (b) a lease which
would constitute such "consumer lease" but for the fact that: (i) It
was entered into before April 29, 1983; (ii) the lessee was not a
natural person; (iii) the lease was not primarily for personal, family,
or household purposes; or (iv) the total contractual obligations
exceeded twenty-five thousand dollars; or (c) a lease-purchase
agreement under chapter 63.19 RCW;
(12) "Retail installment transaction" means any transaction in
which a retail buyer purchases goods or services from a retail seller
pursuant to a retail installment contract, a retail charge agreement,
or a lender credit card agreement, as defined in this section, which
provides for a service charge, as defined in this section, and under
which the buyer agrees to pay the unpaid principal balance in one or
more installments or which provides for no service charge and under
which the buyer agrees to pay the unpaid balance in more than four
installments;
(13) "Retail seller" or "seller" means a person engaged in the
business of selling goods or services to retail buyers;
(14) "Sale price" means the price for which the seller would have
sold or furnished to the buyer, and the buyer would have bought or
obtained from the seller, the goods or services which are the subject
matter of a retail installment transaction. The sale price may include
any taxes, registration and vehicle license fees, the cost of a
guaranteed asset protection waiver, any vehicle dealer administrative
fee, any vehicle dealer documentary service fee, and charges for
transferring vehicle titles, delivery, installation, servicing,
repairs, alterations, or improvements;
(15) "Service charge" however denominated or expressed, means the
amount which is paid or payable for the privilege of purchasing goods
or services to be paid for by the buyer in installments over a period
of time. It does not include the amount, if any, charged for insurance
premiums, delinquency charges, attorneys' fees, court costs, any
vehicle dealer administrative fee under ((RCW 46.12.042)) section
820(1) of this act, any vehicle dealer documentary service fee under
RCW 46.70.180(2), or official fees;
(16) "Services" means work, labor, or services of any kind when
purchased primarily for personal, family, or household use and not for
commercial or business use whether or not furnished in connection with
the delivery, installation, servicing, repair, or improvement of goods
and includes repairs, alterations, or improvements upon or in
connection with real property, but does not include services for which
the price charged is required by law to be determined or approved by or
to be filed, subject to approval or disapproval, with the United States
or any state, or any department, division, agency, officer, or official
of either as in the case of transportation services;
(17) "Time balance" means the principal balance plus the service
charge.
Sec. 1153 RCW 63.14.130 and 2003 c 368 s 3 are each amended to
read as follows:
The service charge shall be inclusive of all charges incident to
investigating and making the retail installment contract or charge
agreement and for the privilege of making the installment payments
thereunder and no other fee, expense or charge whatsoever shall be
taken, received, reserved, or contracted therefor from the buyer,
except for any vehicle dealer administrative fee under ((RCW
46.12.042)) section 820(1) of this act or for any vehicle dealer
documentary service fee under RCW 46.70.180(2).
(1) The service charge, in a retail installment contract, shall not
exceed the dollar amount or rate agreed to by contract and disclosed
under RCW 63.14.040(1)(h).
(2) The service charge in a retail charge agreement, revolving
charge agreement, lender credit card agreement, or charge agreement,
shall not exceed the schedule or rate agreed to by contract and
disclosed under RCW 63.14.120(1). If the service charge so computed is
less than one dollar for any month, then one dollar may be charged.
Sec. 1154 RCW 65.20.020 and 1989 c 343 s 2 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Affixed" means that the manufactured home is installed in
accordance with the installation standards in state law.
(2) "Department" means the department of licensing.
(3) "Eliminating the title" means to cancel an existing certificate
of title issued by this state or a foreign jurisdiction or to waive the
certificate of ((ownership)) title required ((by)) in chapter 46.12 RCW
and recording the appropriate documents in the county real property
records pursuant to this chapter.
(4) "Homeowner" means the owner of a manufactured home.
(5) "Land" means real property excluding the manufactured home.
(6) "Manufactured home" or "mobile home" means a structure,
designed and constructed to be transportable in one or more sections
and is built on a permanent chassis and designed to be used as a
dwelling with or without a permanent foundation when connected to the
required utilities that include plumbing, heating, and electrical
systems contained therein. The structure must comply with the national
mobile home construction and safety standards act of 1974 as adopted by
chapter 43.22 RCW if applicable. "Manufactured home" does not include
a modular home. A structure which met the definition of a
"manufactured home" at the time of manufacture is still considered to
meet this definition notwithstanding that it is no longer
transportable.
(7) "Owner" means, when referring to a manufactured home that is
titled, the person who is the registered owner. When referring to a
mobile home that is untitled pursuant to this chapter, the owner is the
person who owns the land. When referring to land, the person may have
fee simple title, have a leasehold estate of thirty-five years or more,
or be purchasing the property on a real estate contract. Owners
include joint tenants, tenants in common, holders of legal life
estates, and holders of remainder interests.
(8) "Person" means any individual, trustee, partnership,
corporation, or other legal entity. "Person" may refer to more than
one individual or entity.
(9) "Secured party" means the legal owner when referring to a
titled mobile home, or the lender securing a loan through a mortgage,
deed of trust, or real estate contract when referring to land or land
containing an untitled manufactured home pursuant to this chapter.
(10) "Security interest" means an interest in property to secure
payment of a loan made by a secured party to a borrower.
(11) "Title" or "titled" means a certificate of ((ownership)) title
issued pursuant to chapter 46.12 RCW.
Sec. 1155 RCW 65.20.040 and 1989 c 343 s 4 are each amended to
read as follows:
If a manufactured home is affixed to land that is owned by the
homeowner, the homeowner may apply to the department to have the title
to the manufactured home eliminated. The application package shall
consist of the following:
(1) An affidavit, in the form prescribed by the department, signed
by all the owners of the manufactured home and containing:
(a) The date;
(b) The names of all of the owners of record of the manufactured
home;
(c) The legal description of the real property;
(d) A description of the manufactured home including model year,
make, width, length, and vehicle identification number;
(e) The names of all secured parties in the manufactured home; and
(f) A statement that the owner of the manufactured home owns the
real property to which it is affixed;
(2) Certificate of ((ownership)) title for the manufactured home,
or the manufacturer's statement of origin in the case of a new
manufactured home. Where title is held by the secured party as legal
owner, the consent of the secured party must be indicated by the legal
owner releasing his or her security interest;
(3) A certification by the local government indicating that the
manufactured home is affixed to the land;
(4) Payment of all ((licensing)) vehicle license fees, excise tax,
use tax, real estate tax, recording fees, and proof of payment of all
property taxes then due; and
(5) Any other information the department may require.
Sec. 1156 RCW 68.64.010 and 2008 c 139 s 2 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Adult" means an individual who is at least eighteen years old.
(2) "Agent" means an individual:
(a) Authorized to make health care decisions on the principal's
behalf by a power of attorney for health care; or
(b) Expressly authorized to make an anatomical gift on the
principal's behalf by any other record signed by the principal.
(3) "Anatomical gift" means a donation of all or part of a human
body to take effect after the donor's death for the purpose of
transplantation, therapy, research, or education.
(4) "Decedent" means a deceased individual whose body or part is or
may be the source of an anatomical gift.
(5) "Disinterested witness" means a witness other than the spouse
or state registered domestic partner, child, parent, sibling,
grandchild, grandparent, or guardian of the individual who makes,
amends, revokes, or refuses to make an anatomical gift. The term does
not include a person to which an anatomical gift could pass under RCW
68.64.100.
(6) "Document of gift" means a donor card or other record used to
make an anatomical gift. The term includes a statement or symbol on a
driver's license, identification card, or donor registry.
(7) "Donor" means an individual whose body or part is the subject
of an anatomical gift.
(8) "Donor registry" means a database that contains records of
anatomical gifts and amendments to or revocations of anatomical gifts.
(9) "Driver's license" means a license or permit issued by the
department of licensing to operate a vehicle, whether or not conditions
are attached to the license or permit.
(10) "Eye bank" means a person that is licensed, accredited, or
regulated under federal or state law to engage in the recovery,
screening, testing, processing, storage, or distribution of human eyes
or portions of human eyes.
(11) "Guardian" means a person appointed by a court to make
decisions regarding the support, care, education, health, or welfare of
an individual. The term does not include a guardian ad litem.
(12) "Hospital" means a facility licensed as a hospital under the
law of any state or a facility operated as a hospital by the United
States, a state, or a subdivision of a state.
(13) "Identification card" means an identification card issued by
the department of licensing.
(14) "Know" means to have actual knowledge.
(15) "Minor" means an individual who is less than eighteen years
old.
(16) "Organ procurement organization" means a person designated by
the secretary of the United States department of health and human
services as an organ procurement organization.
(17) "Parent" means a parent whose parental rights have not been
terminated.
(18) "Part" means an organ, an eye, or tissue of a human being.
The term does not include the whole body.
(19) "Person" means an individual, corporation, business trust,
estate, trust, partnership, limited liability company, association,
joint venture, public corporation, government or governmental
subdivision, agency, or instrumentality, or any other legal or
commercial entity.
(20) "Physician" means an individual licensed or otherwise
authorized to practice medicine and surgery or osteopathic medicine and
surgery under the law of any state.
(21) "Procurement organization" means an eye bank, organ
procurement organization, or tissue bank.
(22) "Prospective donor" means an individual whose death is
imminent and has been determined by a procurement organization to have
a part that could be medically suitable for transplantation, therapy,
research, or education. "Prospective donor" does not include an
individual who has made a refusal.
(23) "Reasonable costs" include: (a) Programming and software
installation and upgrades; (b) employee training that is specific to
the organ and tissue donor registry or the donation program created in
RCW ((46.12.510)) 46.16.076(2) (as recodified by this act); (c)
literature that is specific to the organ and tissue donor registry or
the donation program created in RCW ((46.12.510)) 46.16.076(2) (as
recodified by this act); and (d) hardware upgrades or other issues
important to the organ and tissue donor registry or the donation
program created in RCW ((46.12.510)) 46.16.076(2) (as recodified by
this act) that have been mutually agreed upon in advance by the
department of licensing and the Washington state organ procurement
organizations.
(24) "Reasonably available" means able to be contacted by a
procurement organization without undue effort and willing and able to
act in a timely manner consistent with existing medical criteria
necessary for the making of an anatomical gift.
(25) "Recipient" means an individual into whose body a decedent's
part has been or is intended to be transplanted.
(26) "Record" means information that is inscribed on a tangible
medium or that is stored in an electronic or other medium and is
retrievable in perceivable form.
(27) "Refusal" means a record created under RCW 68.64.060 that
expressly states an intent to bar other persons from making an
anatomical gift of an individual's body or part.
(28) "Sign" means, with the present intent to authenticate or adopt
a record:
(a) To execute or adopt a tangible symbol; or
(b) To attach to or logically associate with the record an
electronic symbol, sound, or process.
(29) "State" means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the
United States.
(30) "Technician" means an individual determined to be qualified to
remove or process parts by an appropriate organization that is
licensed, accredited, or regulated under federal or state law. The
term includes an enucleator.
(31) "Tissue" means a portion of the human body other than an organ
or an eye. The term does not include blood unless the blood is donated
for the purpose of research or education.
(32) "Tissue bank" means a person that is licensed to conduct
business in this state, accredited, and regulated under federal or
state law to engage in the recovery, screening, testing, processing,
storage, or distribution of tissue.
(33) "Transplant hospital" means a hospital that furnishes organ
transplants and other medical and surgical specialty services required
for the care of transplant patients.
(34) "Washington state organ procurement organization" means an
organ procurement organization that has been designated by the United
States department of health and human services to coordinate organ
procurement activities for any portion of Washington state.
Sec. 1157 RCW 68.64.210 and 2003 c 94 s 7 are each amended to
read as follows:
(1) The organ and tissue donation awareness account is created in
the custody of the state treasurer. All receipts from donations made
under RCW ((46.12.510)) 46.16.076(2)(as recodified by this act), and
other contributions and appropriations specifically made for the
purposes of organ and tissue donor awareness, shall be deposited into
the account. Except as provided in subsection (2) of this section,
expenditures from the account may be authorized by the director of the
department of licensing or the director's designee and do not require
an appropriation.
(2) The department of licensing shall submit a funding request to
the legislature covering the reasonable costs associated with the
ongoing maintenance associated with the electronic transfer of the
donor information to the organ and tissue donor registry and the
donation program established in RCW ((46.12.510)) 46.16.076(2)(as
recodified by this act). The legislature shall appropriate to the
department of licensing an amount it deems reasonable from the organ
and tissue donation awareness account to the department of licensing
for these purposes.
(3) At least quarterly, the department of licensing shall transmit
any remaining moneys in the organ and tissue donation awareness account
to the foundation established in RCW ((46.12.510)) 46.16.076(2)(as
recodified by this act) for the costs associated with educating the
public about the organ and tissue donor registry and related organ and
tissue donation education programs.
(4) Funding for donation awareness programs must be proportional
across the state regardless of which Washington state organ procurement
organization may be designated by the United States department of
health and human services to serve a particular geographic area. No
funds from the account may be used to fund activities outside
Washington state.
Sec. 1158 RCW 70.168.040 and 2002 c 371 s 922 are each amended to
read as follows:
The emergency medical services and trauma care system trust account
is hereby created in the state treasury. Moneys shall be transferred
to the emergency medical services and trauma care system trust account
from the public safety education account or other sources as
appropriated, and as collected under RCW 46.63.110(((6))) (7) and
((46.12.042)) section 820 of this act. Disbursements shall be made by
the department subject to legislative appropriation. Expenditures may
be made only for the purposes of the state trauma care system under
this chapter, including emergency medical services, trauma care
services, rehabilitative services, and the planning and development of
related services under this chapter and for reimbursement by the
department of social and health services for trauma care services
provided by designated trauma centers. ((During the 2001-2003 fiscal
biennium, the legislature may transfer from the emergency medical
services and trauma care system trust account to the state general fund
such amounts as reflect the excess fund balance of the account.))
Sec. 1159 RCW 73.04.115 and 2008 c 6 s 511 are each amended to
read as follows:
(1) The department shall issue to the surviving spouse or surviving
domestic partner of any deceased former prisoner of war described in
((RCW 73.04.110(1)(b))) section 619(1)(c) of this act, one set of
regular or special license plates for use on a personal passenger
vehicle registered to that person.
(2) The plates shall be issued without the payment of any license
fees or excise tax on the vehicle. Whenever any person who has been
issued license plates under this section applies to the department for
transfer of the plates to a subsequently acquired motor vehicle, a
transfer fee of five dollars shall be charged in addition to all other
appropriate fees. If the surviving spouse remarries or the surviving
domestic partner registers in a new domestic partnership, he or she
shall return the special plates to the department within fifteen days
and apply for regular license plates.
(3) For purposes of this section, the term "special license plates"
does not include any plate from the armed forces license plate
collection established in ((RCW 46.16.30920)) section 611(3) of this
act.
Sec. 1160 RCW 77.12.471 and 2007 c 246 s 3 are each amended to
read as follows:
The wildlife rehabilitation account is created in the state
treasury. All receipts from moneys directed to the account from ((RCW
46.16.606)) section 821 of this act must be deposited into the account.
Moneys in the account may be spent only after appropriation.
Expenditures from the account may be used only for the support of the
wildlife rehabilitation program created under RCW 77.12.467.
Sec. 1161 RCW 79.100.100 and 2007 c 342 s 4 are each amended to
read as follows:
(1) The derelict vessel removal account is created in the state
treasury. All receipts from RCW 79.100.050 and 79.100.060 and those
moneys specified in ((RCW 88.02.030 and 88.02.050)) section 1028 of
this act must be deposited into the account. The account is authorized
to receive fund transfers and appropriations from the general fund,
deposits from the derelict vessel removal surcharge under ((RCW
88.02.270)) section 1028(4) of this act, as well as gifts, grants, and
endowments from public or private sources as may be made from time to
time, in trust or otherwise, for the use and benefit of the purposes of
this chapter and expend the same or any income according to the terms
of the gifts, grants, or endowments provided those terms do not
conflict with any provisions of this section or any guidelines
developed to prioritize reimbursement of removal projects associated
with this chapter. Moneys in the account may only be spent after
appropriation. Expenditures from the account ((shall)) must be used by
the department to reimburse authorized public entities for up to ninety
percent of the total reasonable and auditable administrative, removal,
disposal, and environmental damage costs of abandoned or derelict
vessels when the previous owner is either unknown after a reasonable
search effort or insolvent. Reimbursement ((shall)) may not be made
unless the department determines that the public entity has made
reasonable efforts to identify and locate the party responsible for the
vessel, regardless of the title of owner of the vessel. Funds in the
account resulting from transfers from the general fund or from the
deposit of funds from the watercraft excise tax as provided for under
RCW 82.49.030 ((shall)) must be used to reimburse one hundred percent
of these costs and should be prioritized for the removal of large
vessels. Costs associated with removal and disposal of an abandoned or
derelict vessel under the authority granted in RCW 53.08.320 also
qualify for reimbursement from the derelict vessel removal account. In
each biennium, up to twenty percent of the expenditures from the
account may be used for administrative expenses of the department of
licensing and department of natural resources in implementing this
chapter.
(2) If the balance of the account reaches one million dollars as of
March 1st of any year, exclusive of any transfer or appropriation of
funds into the account or funds deposited into the account collected
under ((RCW 88.02.270)) section 1028(5) of this act, the department
must notify the department of licensing and the collection of any fees
associated with this account must be suspended for the following fiscal
year.
(3) Priority for use of this account is for the removal of derelict
and abandoned vessels that are in danger of sinking, breaking up, or
blocking navigation channels, or that present environmental risks such
as leaking fuel or other hazardous substances. The department must
develop criteria, in the form of informal guidelines, to prioritize
removal projects associated with this chapter, but may not consider
whether the applicant is a state or local entity when prioritizing.
The guidelines must also include guidance to the authorized public
entities as to what removal activities and associated costs are
reasonable and eligible for reimbursement.
(4) The department must keep all authorized public entities
apprized of the balance of the derelict vessel removal account and the
funds available for reimbursement. The guidelines developed by the
department must also be made available to the other authorized public
entities. This subsection (4) must be satisfied by utilizing the least
costly method, including maintaining the information on the
department's internet web site, or any other cost-effective method.
(5) An authorized public entity may contribute its ten percent of
costs that are not eligible for reimbursement by using in-kind
services, including the use of existing staff, equipment, and
volunteers.
(6) This chapter does not guarantee reimbursement for an authorized
public entity. Authorized public entities seeking certainty in
reimbursement prior to taking action under this chapter may first
notify the department of their proposed action and the estimated total
costs. Upon notification by an authorized public entity, the
department must make the authorized public entity aware of the status
of the fund and the likelihood of reimbursement being available. The
department may offer technical assistance and assure reimbursement for
up to two years following the removal action if an assurance is
appropriate given the balance of the fund and the details of the
proposed action.
Sec. 1162 RCW 79A.05.059 and 2005 c 44 s 4 are each amended to
read as follows:
The state parks education and enhancement account is created in the
custody of the state treasurer. All receipts from the sale of
Washington state parks and recreation commission special license
plates, after the deductions permitted by ((RCW 46.16.313(13))) section
810 of this act, must be deposited into the account. Expenditures from
the account may only be used to provide public educational
opportunities and enhancement of Washington state parks. Only the
director or the director's designee may authorize expenditures from the
account. The account is subject to allotment procedures under chapter
43.88 RCW, but an appropriation is not required for expenditures.
Sec. 1163 RCW 79A.05.065 and 2008 c 238 s 1 are each amended to
read as follows:
(1)(a) The commission shall grant to any person who meets the
eligibility requirements specified in this section a senior citizen's
pass which shall: (i) Entitle such a person, and members of his or her
camping unit, to a fifty percent reduction in the campsite rental fee
prescribed by the commission; and (ii) entitle such a person to free
admission to any state park.
(b) The commission shall grant a senior citizen's pass to any
person who applies for the senior citizen's pass and who meets the
following requirements:
(i) The person is at least sixty-two years of age;
(ii) The person is a domiciliary of the state of Washington and
meets reasonable residency requirements prescribed by the commission;
and
(iii) The person and his or her spouse have a combined income that
would qualify the person for a property tax exemption pursuant to RCW
84.36.381. The financial eligibility requirements of this subsection
(1)(b)(iii) apply regardless of whether the applicant for a senior
citizen's pass owns taxable property or has obtained or applied for
such property tax exemption.
(c) Each senior citizen's pass granted pursuant to this section is
valid as long as the senior citizen meets the requirements of (b)(ii)
of this subsection. A senior citizen meeting the eligibility
requirements of this section may make a voluntary donation for the
upkeep and maintenance of state parks.
(d) A holder of a senior citizen's pass shall surrender the pass
upon request of a commission employee when the employee has reason to
believe the holder fails to meet the criteria in (b) of this
subsection. The holder shall have the pass returned upon providing
proof to the satisfaction of the director that the holder meets the
eligibility criteria for obtaining the senior citizen's pass.
(2)(a) Any resident of Washington who is disabled as defined by the
social security administration and who receives social security
benefits for that disability, or any other benefits for that disability
from any other governmental or nongovernmental source, or who is
entitled to benefits for permanent disability under RCW 71A.10.020(3)
due to unemployability full time at the minimum wage, or who is legally
blind or profoundly deaf, or who has been issued a card, decal, or
special license plate for a permanent disability under RCW 46.16.381
shall be entitled to receive, regardless of age and upon making
application therefor, a disability pass at no cost to the holder. The
pass shall: (i) Entitle such a person, and members of his or her
camping unit, to a fifty percent reduction in the campsite rental fee
prescribed by the commission; and (ii) entitle such a person to free
admission to any state park.
(b) A card, decal, or special license plate issued for a permanent
disability under ((RCW 46.16.381)) section 701 of this act may serve as
a pass for the holder to entitle that person and members of the
person's camping unit to a fifty percent reduction in the campsite
rental fee prescribed by the commission, and to allow the holder free
admission to state parks.
(3) Any resident of Washington who is a veteran and has a service-connected disability of at least thirty percent shall be entitled to
receive a lifetime veteran's disability pass at no cost to the holder.
The pass shall: (a) Entitle such a person, and members of his or her
camping unit, to free use of any campsite within any state park; (b)
entitle such a person to free admission to any state park; and (c)
entitle such a person to an exemption from any reservation fees.
(4)(a) Any Washington state resident who provides out-of-home care
to a child, as either a licensed foster-family home or a person related
to the child, is entitled to a foster home pass.
(b) An applicant for a foster home pass must request a pass in the
manner required by the commission. Upon receipt of a properly
submitted request, the commission shall verify with the department of
social and health services that the applicant qualifies under (a) of
this subsection. Once issued, a foster home pass is valid for the
period, which may not be less than one year, designated by the
commission.
(c) When accompanied by a child receiving out-of-home care from the
pass holder, a foster home pass: (i) Entitles such a person, and
members of his or her camping unit, to free use of any campsite within
any state park; and (ii) entitles such a person to free admission to
any state park.
(d) For the purposes of this subsection (4):
(i) "Out-of-home care" means placement in a foster-family home or
with a person related to the child under the authority of chapter
13.32A, 13.34, or 74.13 RCW;
(ii) "Foster-family home" has the same meaning as defined in RCW
74.15.020; and
(iii) "Person related to the child" means those persons referred to
in RCW 74.15.020(2)(a) (i) through (vi).
(5) All passes issued pursuant to this section are valid at all
parks any time during the year. However, the pass is not valid for
admission to concessionaire operated facilities.
(6) The commission shall negotiate payment and costs, to allow
holders of a foster home pass free access and usage of park campsites,
with the following nonoperated, nonstate-owned parks: Central Ferry,
Chief Timothy, Crow Butte, and Lyons Ferry. The commission shall seek
state general fund reimbursement on a biennial basis.
(7) The commission may deny or revoke any Washington state park
pass issued under this section for cause, including but not limited to
the following:
(a) Residency outside the state of Washington;
(b) Violation of laws or state park rules resulting in eviction
from a state park;
(c) Intimidating, obstructing, or assaulting a park employee or
park volunteer who is engaged in the performance of official duties;
(d) Fraudulent use of a pass;
(e) Providing false information or documentation in the application
for a state parks pass;
(f) Refusing to display or show the pass to park employees when
requested; or
(g) Failing to provide current eligibility information upon request
by the agency or when eligibility ceases or changes.
(8) This section shall not affect or otherwise impair the power of
the commission to continue or discontinue any other programs it has
adopted for senior citizens.
(9) The commission may engage in a mutually agreed upon reciprocal
or discounted program for all or specific pass programs with other
outdoor recreation agencies.
(10) The commission shall adopt those rules as it finds appropriate
for the administration of this section. Among other things, the rules
shall prescribe a definition of "camping unit" which will authorize a
reasonable number of persons traveling with the person having a pass to
stay at the campsite rented by such a person, a minimum Washington
residency requirement for applicants for a senior citizen's pass, and
an application form to be completed by applicants for a senior
citizen's pass.
Sec. 1164 RCW 79A.05.215 and 2007 c 340 s 2 are each amended to
read as follows:
The state parks renewal and stewardship account is created in the
state treasury. Except as otherwise provided in this chapter, all
receipts from user fees, concessions, leases, donations collected under
RCW 46.16.076(3) (as recodified by this act), and other state park-based activities shall be deposited into the account. Expenditures
from the account may be used for operating state parks, developing and
renovating park facilities, undertaking deferred maintenance, enhancing
park stewardship, and other state park purposes. Expenditures from the
account may be made only after appropriation by the legislature.
Sec. 1165 RCW 82.08.0264 and 2007 c 135 s 1 are each amended to
read as follows:
(1) The tax levied by RCW 82.08.020 does not apply to sales of
motor vehicles, trailers, or campers to nonresidents of this state for
use outside of this state, even when delivery is made within this
state, but only if:
(a) The motor vehicles, trailers, or campers will be taken from the
point of delivery in this state directly to a point outside this state
under the authority of a vehicle trip permit issued by the department
of licensing pursuant to ((the provisions of)) RCW 46.16.160 (as
recodified by this act), or any agency of another state that has
authority to issue similar permits; or
(b) The motor vehicles, trailers, or campers will be registered and
licensed immediately under the laws of the state of the buyer's
residence, will not be used in this state more than three months, and
will not be required to be registered and licensed under the laws of
this state.
(2) For the purposes of this section, the seller of a motor
vehicle, trailer, or camper is not required to collect and shall not be
found liable for the tax levied by RCW 82.08.020 on the sale if the tax
is not collected and the seller retains the following documents, which
must be made available upon request of the department:
(a) A copy of the buyer's currently valid out-of-state driver's
license or other official picture identification issued by a
jurisdiction other than Washington state;
(b) A copy of any one of the following documents, on which there is
an out-of-state address for the buyer:
(i) A current residential rental agreement;
(ii) A property tax statement from the current or previous year;
(iii) A utility bill, dated within the previous two months;
(iv) A state income tax return from the previous year;
(v) A voter registration card;
(vi) A current credit report; or
(vii) Any other document determined by the department to be
acceptable;
(c) A witnessed declaration in the form designated by the
department, signed by the buyer, and stating that the buyer's purchase
meets the requirements of this section; and
(d) A seller's certification, in the form designated by the
department, that either a vehicle trip permit was issued or the vehicle
was immediately registered and licensed in another state as required
under subsection (1) of this section.
(3) If the department has information indicating the buyer is a
Washington resident, or if the addresses for the buyer shown on the
documentation provided under subsection (2) of this section are not the
same, the department may contact the buyer to verify the buyer's
eligibility for the exemption provided under this section. This
subsection does not prevent the department from contacting a buyer as
a result of information obtained from a source other than the seller's
records.
(4)(a) Any person making fraudulent statements, which includes the
offer of fraudulent identification or fraudulently procured
identification to a seller, in order to purchase a motor vehicle,
trailer, or camper without paying retail sales tax is guilty of perjury
under chapter 9A.72 RCW.
(b) Any person making tax exempt purchases under this section by
displaying proof of identification not his or her own, or counterfeit
identification, with intent to violate the provisions of this section,
is guilty of a misdemeanor and, in addition, is liable for the tax and
subject to a penalty equal to the greater of one hundred dollars or the
tax due on such purchases.
(5)(a) Any seller that makes sales without collecting the tax to a
person who does not provide the documents required under subsection (2)
of this section, and any seller who fails to retain the documents
required under subsection (2) of this section for the period prescribed
by RCW 82.32.070, is personally liable for the amount of tax due.
(b) Any seller that makes sales without collecting the retail sales
tax under this section and who has actual knowledge that the buyer's
documentation required by subsection (2) of this section is fraudulent
is guilty of a misdemeanor and, in addition, is liable for the tax and
subject to a penalty equal to the greater of one thousand dollars or
the tax due on such sales. In addition, both the buyer and the seller
are liable for any penalties and interest assessable under chapter
82.32 RCW.
(6) For purposes of this section, ((the term)) "buyer" does not
include cosigners or financial guarantors, unless those parties are
listed as a registered owner on the vehicle title.
Sec. 1166 RCW 82.44.010 and 1990 c 42 s 301 are each amended to
read as follows:
For the purposes of this chapter, unless (([the])) the context
otherwise requires:
(1) "Department" means the department of licensing.
(2) "Motor vehicle" means all motor vehicles, trailers and
semitrailers used, or of the type designed primarily to be used, upon
the public streets and highways, for the convenience or pleasure of the
owner, or for the conveyance, for hire or otherwise, of persons or
property, including fixed loads and facilities for human habitation;
but shall not include (a) vehicles carrying exempt licenses, (b) dock
and warehouse tractors and their cars or trailers, lumber carriers of
the type known as spiders, and all other automotive equipment not
designed primarily for use upon public streets, or highways, (c) motor
vehicles or their trailers used entirely upon private property, (d)
mobile homes and travel trailers as defined in RCW 82.50.010, or (e)
motor vehicles owned by nonresident military personnel of the armed
forces of the United States stationed in the state of Washington
provided personnel were also nonresident at the time of their entry
into military service.
(3) "Truck-type power or trailing unit" means any vehicle that is
subject to the fees under ((RCW 46.16.070)) section 530 of this act,
except vehicles with an unladen weight of six thousand pounds or less,
((RCW 46.16.079, 46.16.080, 46.16.085)) section 528 of this act,
section 531(1)(c) of this act, or RCW 46.16.090 (as recodified by this
act).
Sec. 1167 RCW 84.37.070 and 2007 sp.s. c 2 s 7 are each amended
to read as follows:
Whenever a person's special assessment or real property tax
obligation, or both, is deferred under ((the provisions of)) this
chapter, the amount deferred and required to be paid pursuant to RCW
84.38.120 shall become a lien in favor of the state upon his or her
property and shall have priority as provided in chapters 35.50 and
84.60 RCW: PROVIDED, That the interest of a mortgage or purchase
contract holder who requires an accumulation of reserves out of which
real estate taxes are paid shall have priority to said deferred lien.
This lien may accumulate up to forty percent of the amount of the
claimant's equity value in said property and the rate of interest shall
be an average of the federal short-term rate as defined in 26 U.S.C.
Sec. 1274(d) plus two percentage points. The rate set for each new
year shall be computed by taking an arithmetical average to the nearest
percentage point of the federal short-term rate, compounded annually.
That average shall be calculated using the rates from four months:
January, April, and July of the calendar year immediately preceding the
new year, and October of the previous preceding year. The interest
shall be calculated from the time it could have been paid before
delinquency until said obligation is paid. In the case of a mobile
home, the department of licensing shall show the state's lien on the
certificate of ((ownership)) title for the mobile home. In the case of
all other property, the department of revenue shall file a notice of
the deferral with the county recorder or auditor.
Sec. 1168 RCW 84.38.100 and 2006 c 275 s 1 are each amended to
read as follows:
Whenever a person's special assessment and/or real property tax
obligation is deferred under the provisions of this chapter, the amount
deferred and required to be paid pursuant to RCW 84.38.120 shall become
a lien in favor of the state upon his or her property and shall have
priority as provided in chapters 35.50 and 84.60 RCW: PROVIDED, That
the interest of a mortgage or purchase contract holder who is required
to cosign a declaration of deferral under RCW 84.38.090, shall have
priority to said deferred lien. This lien may accumulate up to eighty
percent of the amount of the claimant's equity value in said property
and shall bear interest at the rate of five percent per year from the
time it could have been paid before delinquency until said obligation
is paid: PROVIDED, That when taxes are deferred as provided in RCW
84.64.050, the amount shall bear interest at the rate of five percent
per year from the date the declaration is filed until the obligation is
paid. In the case of a mobile home, the department of licensing shall
show the state's lien on the certificate of ((ownership)) title for the
mobile home. In the case of all other property, the department of
revenue shall file a notice of the deferral with the county recorder or
auditor.
NEW SECTION. Sec. 1169 The following acts or parts of acts are
each repealed:
(1) RCW 46.04.144 (Cooper Jones Act license plate emblems) and 2002
c 264 s 2;
(2) RCW 46.32.090 (Fees) and 2009 c 46 s 3, 2007 c 419 s 11, 1996
c 86 s 1, & 1995 c 272 s 2;
(3) RCW 46.88.010 (Commercial vehicles registered in another
state -- Permits for intrastate operations) and 1986 c 18 s 25, 1979 c
158 s 202, & 1969 ex.s. c 281 s 32;
(4) RCW 59.21.055 (Fee imposed on transfer of title--Circumstances -- Deposit -- Rules) and 2002 c 257 s 3;
(5) RCW 59.22.080 (Transfer of title -- Fee -- Department of
licensing -- Rules) and 1991 c 327 s 1;
(6) RCW 59.22.085 (Transfer of title -- Fee supersedes other fee) and
1991 c 327 s 7;
(7) RCW 64.44.045 (Vehicle and vessel titles -- Notice of
contamination or decontamination -- Penalty) and 2008 c 201 s 2; and
(8) RCW 73.04.110 (Free license plates for veterans with
disabilities, prisoners of war -- Penalty) and 2008 c 183 s 4 & 2005 c
216 s 6.
NEW SECTION. Sec. 1201 The senate and house of representatives
transportation committees, in consultation with the office of the code
reviser, shall prepare legislation for the 2011 regular legislative
session that reconciles and conforms amendments made during the 2010
legislative session in this act.
NEW SECTION. Sec. 1202 RCW 46.09.010, 46.09.020, 46.09.080,
46.09.140, 46.09.180, 46.09.200, 46.09.250, and 46.09.280 are each
recodified as sections in chapter 46.09 RCW with the subchapter heading
of "general provisions."
NEW SECTION. Sec. 1203 RCW 46.09.030, 46.09.040, 46.09.050, and
46.09.070 are each recodified as sections in chapter 46.09 RCW with the
subchapter heading of "registrations."
NEW SECTION. Sec. 1204 RCW 46.09.115, 46.09.117, 46.09.120,
46.09.130 and 46.09.190 are each recodified as sections in chapter
46.09 RCW with the subchapter heading of "violations."
NEW SECTION. Sec. 1205 RCW 46.09.150, 46.09.165, 46.09.170, and
46.09.240 are each recodified as sections in chapter 46.09 RCW with the
subchapter heading of "revenue."
NEW SECTION. Sec. 1206 RCW 46.10.010, 46.10.020, 46.10.140,
46.10.180, 46.10.185, 46.10.200, 46.10.210, and 46.10.220 are each
recodified as sections in chapter 46.10 RCW with the subchapter heading
of "general provisions."
NEW SECTION. Sec. 1207 RCW 46.10.030, 46.10.040, 46.10.043,
46.10.050, 46.10.060, and 46.10.070 are each recodified as sections in
chapter 46.10 RCW with the subchapter heading of "registration and
permits."
NEW SECTION. Sec. 1208 RCW 46.10.055, 46.10.090, 46.10.100,
46.10.110, 46.10.120, 46.10.130, and 46.10.190 are each recodified as
sections in chapter 46.10 RCW with the subchapter heading of
"violations and uses."
NEW SECTION. Sec. 1209 RCW 46.10.150, 46.10.160, and 46.10.170
are each recodified as sections in chapter 46.10 RCW with the
subchapter heading of "revenue."
NEW SECTION. Sec. 1210 RCW 46.12.010, 46.12.030, 46.12.047,
46.12.050, 46.12.070, 46.12.080, 46.12.160, 46.12.181, 46.12.190,
46.12.370, 46.12.380, and 46.12.390 are each recodified as sections in
chapter 46.12 RCW with the subchapter heading of "general provisions."
NEW SECTION. Sec. 1211 RCW 46.12.101, 46.12.102, 46.12.103,
46.12.124, 46.12.130, 46.12.151, and 46.12.170 are each recodified as
sections in chapter 46.12 RCW with the subchapter heading of "vehicle
sales, transfers, and security interests."
NEW SECTION. Sec. 1212 RCW 46.12.280, 46.12.290, 46.12.420,
46.12.430, and 46.12.440 are each recodified as sections in chapter
46.12 RCW with the subchapter heading of "specific vehicles."
NEW SECTION. Sec. 1213 RCW 46.12.300, 46.12.310, 46.12.320,
46.12.330, 46.12.340, and 46.12.350 are each recodified as sections in
chapter 46.12 RCW with the subchapter heading of "serial numbers."
NEW SECTION. Sec. 1214 RCW 46.12.210 and 46.12.250 are each
recodified as sections in chapter 46.12 RCW with the subchapter heading
of "violations."
NEW SECTION. Sec. 1215 RCW 46.16.004, 46.16.006, 46.16.010,
46.16.015, 46.16.020, 46.16.022, 46.16.028, 46.16.029, 46.16.030,
46.16.040, 46.16.073, 46.16.076, 46.16.210, 46.16.212, 46.16.216,
46.16.225, 46.16.260, 46.16.265, 46.16.276, 46.16.280, 46.16.295,
46.16.327, and 46.16.332 are each recodified as sections in chapter
46.16 RCW with the subchapter heading of "general provisions."
NEW SECTION. Sec. 1216 RCW 46.16.045, 46.16.047, 46.16.048,
46.16.160, 46.16.162, and 46.16.460 are each recodified as sections in
chapter 46.16 RCW with the subchapter heading of "permits and uses."
NEW SECTION. Sec. 1217 RCW 46.16.025, 46.16.068, 46.16.070,
46.16.086, 46.16.090, and 46.16.615 are each recodified as sections in
chapter 46.16 RCW with the subchapter heading of "specific vehicles."
NEW SECTION. Sec. 1218 RCW 46.16.011, 46.16.012, 46.16.140,
46.16.145, 46.16.180, and 46.16.500 are each recodified as sections in
chapter 46.16 RCW with the subchapter heading of "liability and
violations."
NEW SECTION. Sec. 1219 Sections 501 through 507 of this act are
each added to chapter 46.17 RCW and codified with the subchapter
heading of "filing and service fees."
NEW SECTION. Sec. 1220 Sections 508 through 515 of this act are
each added to chapter 46.17 RCW and codified with the subchapter
heading of "certificate of title fees."
NEW SECTION. Sec. 1221 Sections 516 through 521 of this act are
each added to chapter 46.17 RCW and codified with the subchapter
heading of "license plate fees."
NEW SECTION. Sec. 1222 Sections 522 through 534 of this act are
each added to chapter 46.17 RCW and codified with the subchapter
heading of "vehicle license fees."
NEW SECTION. Sec. 1223 Sections 535 through 537 of this act are
each added to chapter 46.17 RCW and codified with the subchapter
heading of "permit and transfer fees."
NEW SECTION. Sec. 1224 Sections 611 through 613 and 616 through
630 of this act constitute a new chapter in Title
NEW SECTION. Sec. 1225 RCW 46.16.309, 46.16.314, 46.16.335, and
46.16.390 are each recodified as sections in the new chapter created
under section 1224 of this act with the subchapter heading of "general
provisions."
NEW SECTION. Sec. 1226 RCW 46.16.700, 46.16.705, 46.16.715, and
46.16.725 are each recodified as sections in the new chapter created
under section 1224 of this act with the subchapter heading of "review
board."
NEW SECTION. Sec. 1227 RCW 46.16.690, 46.16.735, 46.16.745,
46.16.755, 46.16.765, and 46.16.775 are each recodified as sections in
the new chapter created under section 1224 of this act with the
subchapter heading of "requirements and procedures."
NEW SECTION. Sec. 1228 RCW 46.16.301, 46.16.319, and 46.16.324
are each recodified as sections in the new chapter created under
section 1224 of this act with the subchapter heading of "plate types,
decals, and emblems."
NEW SECTION. Sec. 1229 Sections 701 through 706 of this act
constitute a new chapter in Title
NEW SECTION. Sec. 1230 RCW 46.09.110, 46.10.075, and 46.16.685
are each recodified as sections in chapter 46.68 RCW.
NEW SECTION. Sec. 1231 RCW 88.02.010, 88.02.035, 88.02.055,
88.02.110, 88.02.118, and 88.02.200 are each recodified as sections in
chapter 88.02 RCW with the subchapter heading of "general provisions."
NEW SECTION. Sec. 1232 RCW 88.02.070, 88.02.075, 88.02.120, and
88.02.180 are each recodified as sections in chapter 88.02 RCW with the
subchapter heading of "certificates of title."
NEW SECTION. Sec. 1233 RCW 88.02.020, 88.02.030, 88.02.050,
88.02.052, 88.02.250, and 88.02.260 are each recodified as sections in
chapter 88.02 RCW with the subchapter heading of "registration
certificates."
NEW SECTION. Sec. 1234 RCW 88.02.040, 88.02.045, and 88.02.053
are each recodified as sections in chapter 88.02 RCW with the
subchapter heading of "title/registration fees and distribution."
NEW SECTION. Sec. 1235 RCW 88.02.023, 88.02.060, 88.02.078,
88.02.112, 88.02.115, 88.02.125, 88.02.184, 88.02.188, 88.02.189,
88.02.210, 88.02.220, and 88.02.230 are each recodified as sections in
chapter 88.02 RCW with the subchapter heading of "dealer registration."
NEW SECTION. Sec. 1236 RCW 46.16.125 is recodified as a section
in chapter 81.24 RCW.
NEW SECTION. Sec. 1237 RCW 46.16.450 is decodified.
NEW SECTION. Sec. 1238 Except for section 1020 of this act, this
act takes effect July 1, 2011.
NEW SECTION. Sec. 1239 Section 1020 of this act takes effect
June 30, 2012.
NEW SECTION. Sec. 1240 Section 1019 of this act expires June 30,
2012."
Correct the title.
EFFECT: (1) Technical correction changing the name of a fee from
Derelict Vessel Removal to Derelict Vessel and Invasive Species Removal
and makes one reference correction.
(2) Clarifies references to the term "vehicle wrecker."
(3) Technical correction to recodification instruction.