BILL REQ. #:  S-2437.1 

READ FIRST TIME 04/03/13.   

     AN ACT Relating to vehicle-related fees; amending RCW 46.25.060, 46.25.100, 46.20.202, 46.17.040, 46.17.050, 46.17.060, 46.12.650, 46.17.400, and 46.37.420; adding new sections to chapter 46.68 RCW; adding a new section to chapter 46.16A RCW; and providing an effective date.

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

Sec. 1   RCW 46.25.060 and 2011 c 153 s 1 are each amended to read as follows:
     (1)(a) No person may be issued a commercial driver's license unless that person is a resident of this state, has successfully completed a course of instruction in the operation of a commercial motor vehicle that has been approved by the director or has been certified by an employer as having the skills and training necessary to operate a commercial motor vehicle safely, and has passed a knowledge and skills test for driving a commercial motor vehicle that complies with minimum federal standards established by federal regulation enumerated in 49 C.F.R. part 383, subparts G and H, and has satisfied all other requirements of the CMVSA in addition to other requirements imposed by state law or federal regulation. The tests must be prescribed and conducted by the department. In addition to the fee charged for issuance or renewal of any license, the applicant shall pay a fee of no more than ((ten)) thirty-five dollars for ((each)) the classified knowledge examination, classified endorsement knowledge examination, or any combination of classified license and endorsement knowledge examinations. The applicant shall pay a fee of no more than ((one)) two hundred fifty dollars for ((each)) the classified skill examination or combination of classified skill examinations conducted by the department.
     (b) The department may authorize a person, including an agency of this or another state, an employer, a private driver training facility, or other private institution, or a department, agency, or instrumentality of local government, to administer the skills test specified by this section under the following conditions:
     (i) The test is the same which would otherwise be administered by the state;
     (ii) The third party has entered into an agreement with the state that complies with the requirements of 49 C.F.R. part 383.75; and
     (iii) The director has adopted rules as to the third party testing program and the development and justification for fees charged by any third party.
     (c) If the applicant's primary use of a commercial driver's license is for any of the following, then the applicant shall pay a fee of no more than ((seventy-five)) two hundred twenty-five dollars for ((each)) the classified skill examination or combination of classified skill examinations whether conducted by the department or a third-party tester:
     (i) Public benefit not-for-profit corporations that are federally supported head start programs; or
     (ii) Public benefit not-for-profit corporations that support early childhood education and assistance programs as described in RCW 43.215.405(2).
     (d) Payment of the examination fees under this subsection entitles the applicant to take the examination up to two times in order to pass.
     (2) The department shall work with the office of the superintendent of public instruction to develop modified P1 and P2 skill examinations that also include the skill examination components required to obtain an "S" endorsement. In no event may a new applicant for an "S" endorsement be required to take two separate examinations to obtain an "S" endorsement and either a P1 or P2 endorsement, unless that applicant is upgrading his or her existing commercial driver's license to include an "S" endorsement. The combined P1/S or P2/S skill examination must be offered to the applicant at the same cost as a regular P1 or P2 skill examination.
     (3)(a) The department may waive the skills test and the requirement for completion of a course of instruction in the operation of a commercial motor vehicle specified in this section for a commercial driver's license applicant who meets the requirements of 49 C.F.R. part 383.77.
     (b) An applicant who operates a commercial motor vehicle for agribusiness purposes is exempt from the course of instruction completion and employer skills and training certification requirements under this section. By January 1, 2010, the department shall submit recommendations regarding the continuance of this exemption to the transportation committees of the legislature. For purposes of this subsection (3)(b), "agribusiness" means a private carrier who in the normal course of business primarily transports:
     (i) Farm machinery, farm equipment, implements of husbandry, farm supplies, and materials used in farming;
     (ii) Agricultural inputs, such as seed, feed, fertilizer, and crop protection products;
     (iii) Unprocessed agricultural commodities, as defined in RCW 17.21.020, where such commodities are produced by farmers, ranchers, vineyardists, or orchardists; or
     (iv) Any combination of (b)(i) through (iii) of this subsection.
     The department shall notify the transportation committees of the legislature if the federal government takes action affecting the exemption provided in this subsection (3)(b).
     (4) A commercial driver's license or commercial driver's instruction permit may not be issued to a person while the person is subject to a disqualification from driving a commercial motor vehicle, or while the person's driver's license is suspended, revoked, or canceled in any state, nor may a commercial driver's license be issued to a person who has a commercial driver's license issued by any other state unless the person first surrenders all such licenses, which must be returned to the issuing state for cancellation.
     (5)(a) The department may issue a commercial driver's instruction permit to an applicant who is at least eighteen years of age and holds a valid Washington state driver's license and who has submitted a proper application, passed the general knowledge examination required for issuance of a commercial driver's license under subsection (1) of this section, and paid the appropriate fee for the knowledge examination and an application fee of ((ten)) forty dollars.
     (b) A commercial driver's instruction permit may not be issued for a period to exceed six months. Only one renewal or reissuance may be granted within a two-year period.
     (c) The holder of a commercial driver's instruction permit may drive a commercial motor vehicle on a highway only when accompanied by the holder of a commercial driver's license valid for the type of vehicle driven who occupies a seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle. The holder of a commercial driver's instruction permit is not authorized to operate a commercial motor vehicle transporting hazardous materials.
     (d) The department shall transmit the fees collected for commercial driver's instruction permits to the state treasurer.

Sec. 2   RCW 46.25.100 and 2002 c 272 s 4 are each amended to read as follows:
     When a person has been disqualified from operating a commercial motor vehicle, the person is not entitled to have the commercial driver's license restored until after the expiration of the appropriate disqualification period required under RCW 46.25.090 or until the department has received a drug and alcohol assessment and evidence is presented of satisfactory participation in or completion of any required drug or alcohol treatment program for ending the disqualification under RCW 46.25.090(7). After expiration of the appropriate period and upon payment of a requalification fee of ((twenty)) thirty-five dollars, or one hundred fifty dollars if the person has been disqualified under RCW 46.25.090(7), the person may apply for a new, duplicate, or renewal commercial driver's license as provided by law. If the person has been disqualified for a period of one year or more, the person shall demonstrate that he or she meets the commercial driver's license qualification standards specified in RCW 46.25.060.

Sec. 3   RCW 46.20.202 and 2007 c 7 s 1 are each amended to read as follows:
     (1) The department may enter into a memorandum of understanding with any federal agency for the purposes of facilitating the crossing of the border between the state of Washington and the Canadian province of British Columbia.
     (2) The department may enter into an agreement with the Canadian province of British Columbia for the purposes of implementing a border-crossing initiative.
     (3)(a) The department may issue an enhanced driver's license or identicard for the purposes of crossing the border between the state of Washington and the Canadian province of British Columbia to an applicant who provides the department with proof of: United States citizenship, identity, and state residency. The department shall continue to offer a standard driver's license and identicard. If the department chooses to issue an enhanced driver's license, the department must allow each applicant to choose between a standard driver's license or identicard, or an enhanced driver's license or identicard.
     (b) The department shall implement a one-to-many biometric matching system for the enhanced driver's license or identicard. An applicant for an enhanced driver's license or identicard shall submit a biometric identifier as designated by the department. The biometric identifier must be used solely for the purpose of verifying the identity of the holders and for any purpose set out in RCW 46.20.037. Applicants are required to sign a declaration acknowledging their understanding of the one-to-many biometric match.
     (c) The enhanced driver's license or identicard must include reasonable security measures to protect the privacy of Washington state residents, including reasonable safeguards to protect against unauthorized disclosure of data about Washington state residents. If the enhanced driver's license or identicard includes a radio frequency identification chip, or similar technology, the department shall ensure that the technology is encrypted or otherwise secure from unauthorized data access.
     (d) The requirements of this subsection are in addition to the requirements otherwise imposed on applicants for a driver's license or identicard. The department shall adopt such rules as necessary to meet the requirements of this subsection. From time to time the department shall review technological innovations related to the security of identity cards and amend the rules related to enhanced driver's licenses and identicards as the director deems consistent with this section and appropriate to protect the privacy of Washington state residents.
     (e) Notwithstanding RCW 46.20.118, the department may make images associated with enhanced drivers' licenses or identicards from the negative file available to United States customs and border agents for the purposes of verifying identity.
     (4) ((The department may set a fee for the issuance of enhanced drivers' licenses and identicards under this section.)) The fee for an enhanced driver's license or enhanced identicard is fifty-four dollars, which is in addition to the fees for any regular driver's license or identicard. If the enhanced driver's license or enhanced identicard is issued, renewed, or extended for a period other than six years, the fee for each class is nine dollars for each year that the enhanced driver's license or enhanced identicard is issued, renewed, or extended.

Sec. 4   RCW 46.17.040 and 2011 c 171 s 55 are each amended to read as follows:
     ((A)) The department, county auditor or other agent, or subagent appointed by the director shall collect a service fee of:
     (1) Twelve 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) Five dollars for a registration renewal, issuing a transit permit or a studded tire permit if obtained separately from the annual registration renewal, or any other service under this section.

Sec. 5   RCW 46.17.050 and 2010 c 161 s 505 are each amended to read as follows:
     Before accepting a report of sale filed under RCW 46.12.650(2), the department, county auditor or other agent, or subagent appointed by the director shall require the applicant to pay((:
     (1))) the filing fee under RCW 46.17.005(1), the license plate technology fee under RCW 46.17.015, ((and)) the license service fee under RCW 46.17.025 ((to the county auditor or other agent; and
     (2) The subagent)), and the service fee under RCW 46.17.040(2) ((to the subagent)).

Sec. 6   RCW 46.17.060 and 2010 c 161 s 507 are each amended to read as follows:
     Before accepting a transitional ownership record filed under RCW 46.12.660, the department, county auditor or other agent, or subagent appointed by the director shall require the applicant to pay((:
     (1))) the filing fee under RCW 46.17.005(1), the license plate technology fee under RCW 46.17.015, ((and)) the license service fee under RCW 46.17.025 ((to the county auditor or other agent; and
     (2) The subagent)), and the service fee under RCW 46.17.040(2) ((to the subagent)).

NEW SECTION.  Sec. 7   A new section is added to chapter 46.68 RCW to read as follows:
     The service fees collected under RCW 46.17.040, 46.17.050, and 46.17.060 must be distributed as follows:
     (1) If paid to the department, the fees must be deposited into the department of licensing services account under RCW 46.68.220.
     (2) If paid to the county auditor or other agent, the fees must be deposited into that county's general fund.

Sec. 8   RCW 46.12.650 and 2010 c 161 s 309 are each amended to read as follows:
     (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)) twenty-one 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)) twenty-one 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)) twenty-first business day after the date of sale or transfer; and
     (f) Payment of the fees required under RCW 46.17.050 ((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. (a) The department shall:
     (((a))) (i) Provide or approve reports of sale forms;
     (((b))) (ii) Provide a system enabling an owner to submit reports of sale electronically;
     (((c))) (iii) Immediately update the department's vehicle record when a report of sale has been filed;
     (((d))) (iv) 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))) (v) 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.
     (b) A report of sale that is received by the department, county auditor or other agent, or subagent appointed by the director after the twenty-first day becomes effective on the day it is received by the department, county auditor or other agent, or subagent appointed by the director.
     (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 RCW 46.17.100; 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 46.12.675.
     (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 RCW 46.17.140, 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.

NEW SECTION.  Sec. 9   A new section is added to chapter 46.16A RCW to read as follows:
     (1) The department, county auditor or other agent, or subagent appointed by the director must issue a studded tire permit authorizing the use of studded tires as provided under RCW 46.37.420 to a vehicle owner upon submittal of a proper application and payment of the studded tire permit fee under RCW 46.17.400(1)(g).
     (2) Each studded tire permit is valid on a vehicle during the registration year as outlined in RCW 46.16A.020.
     (3) The department must also issue an identifying marker that the vehicle owner must place on the vehicle license plate for the studded tire permit to be valid.
     (4) Operating a vehicle on a public highway without a valid studded tire permit and properly affixing the identifying marker to the vehicle license plate is a traffic infraction; however, a vehicle owner or the owner's authorized representative has five days from the date of purchasing studded tires to apply for a studded tire permit. In addition to any other penalties imposed for a traffic infraction, an additional fifteen dollar penalty is assessed for a violation of this section. The additional fifteen dollar penalty imposed under this subsection must be forwarded to the state treasurer for deposit in the motor vehicle fund created under RCW 46.68.070.
     (5) The department may adopt rules to implement this section.

Sec. 10   RCW 46.17.400 and 2011 c 171 s 62 are each amended 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:

NEW SECTION.  Sec. 11   A new section is added to chapter 46.68 RCW to read as follows:
     The studded tire permit fee imposed under RCW 46.17.400(1)(g) for studded tire permits issued under section 9 of this act must be distributed as follows:
     (1) Fifty-five percent to the transportation improvement account created in RCW 47.26.084; and
     (2) Forty-five percent to the county arterial preservation account created in RCW 46.68.090.

Sec. 12   RCW 46.37.420 and 2012 c 75 s 1 are each amended to read as follows:
     (1) It is unlawful to operate a vehicle upon the public highways of this state unless it is completely equipped with pneumatic rubber tires except vehicles equipped with temporary-use spare tires that meet federal standards that are installed and used in accordance with the manufacturer's instructions.
     (2) Except as provided in subsection (3) of this section, no tire on a vehicle moved on a highway may have on its periphery any block, flange, cleat, or spike or any other protuberance of any material other than rubber which projects beyond the tread of the traction surface of the tire((, except that)).
     (3)(a) It is permissible to use: (i) Farm machinery equipped with pneumatic tires or solid rubber tracks having protuberances that will not injure the highway((,)); and ((except also that it is permissible to use)) (ii)(A) tire chains, (B) alternative traction devices, or (C) metal studs imbedded within the tire subject to studded tire permit requirements under section 9 of this act, of reasonable proportions and of a type conforming to rules adopted by the state patrol, upon any vehicle when required for safety because of snow, ice, or other conditions tending to cause a vehicle to skid.
     (b) It is unlawful to use metal studs imbedded within the tire between April 1st and November 1st, except that a vehicle may be equipped year-round with tires that have retractable studs if: (((a))) (i) The studs retract pneumatically or mechanically to below the wear bar of the tire when not in use; and (((b))) (ii) the retractable studs are engaged only between November 1st and April 1st. Retractable studs may be made of metal or other material and are not subject to the lightweight stud weight requirements under RCW 46.04.272. The state department of transportation may, from time to time, determine additional periods in which the use of tires with metal studs imbedded therein is lawful.
     (((3))) (4) The state department of transportation and local authorities in their respective jurisdictions may issue special permits authorizing the operation upon a highway of traction engines or tractors having movable tracks with transverse corrugations upon the periphery of the movable tracks or farm tractors or other farm machinery, the operation of which upon a highway would otherwise be prohibited under this section.
     (((4))) (5) Tires with metal studs imbedded therein may be used between November 1st and April 1st upon school buses and fire department vehicles, any law or regulation to the contrary notwithstanding.

NEW SECTION.  Sec. 13   This act takes effect January 1, 2014.