SENATE BILL REPORT

ESB 5120

BYSenators Peterson, Hansen, Barr, Metcalf, Garrett, Bender, von Reichbauer, Sellar and Patterson

Revising fees and liability for county auditors and their agents.

Senate Committee on Transportation

Senate Hearing Date(s):February 3, 1987; February 4, 1987

Majority Report:  Do pass.

      Signed by Senators Bailey, Barr, Bender, Conner, DeJarnatt, Halsan, Nelson, Patterson, Smitherman, von Reichbauer.

Senate Staff:Cathy Mayo (786-7304)

                  April 8, 1987

House Committe on Transportation

AS PASSED SENATE, FEBRUARY 19, 1987

BACKGROUND:

Motor vehicle subagents are private enterprise businesses consigned by county auditors to provide certain services to the public.  These services include vehicle and vessel registration and titling, license renewal, collection of vehicle tonnage fees, and issuance of various permits.

Due to increasing costs in operation the subagents have requested an increase in their fees from $1.75 per transaction to $2.00.  The fee was last increased in 1983, from $1.50 to $1.75.

The Department of Licensing is authorized to accept checks for payment of various license fees.  When a check proves to be insufficiently funded, and it has been written to the county or subagent, the Department allows the agent or subagent to collect an NSF fee when the check is made good.  Although the law allows the Department to collect such a fee, the law does not apply to county auditors and subagents.

The Department has immunity from suits and legal actions in the course of licensing and registering vehicles and vessels. County auditors and their subagents assist the Department in providing these services to the public, but they are not protected from immunity under the law.

SUMMARY:

The additional charge for the agent of the county auditor is increased from $1.75 to $2.00.

When registrations, licenses or permits have been paid for by checks or credit cards that have been dishonored by nonacceptance or nonpayment, the county auditors or subagents may collect restitution and a reasonable handling fee which may be set by rule by the director of the Department of Licensing.

County auditors or subagents may not be prosecuted through civil suit for any act performed or omitted in connection with titling, licensing or registration of vehicles or vessels while performing duties as an agent of the director of licensing.  This does not bar the director or the state from bringing civil or criminal action against any agent, or a county auditor or other agent of the director from bringing any action against his or her agent.

This section shall apply retroactively to all claims for which actions have not been filed before the effective date of this act.

Fiscal Note:      available

Effective Date:The bill contains an emergency clause and takes effect immediately.

Senate Committee - Testified: Bob Shannon, Washington Association of Vehicle Subagents; Jesus Sanches, Washington State Auditors Association and King County; James Boldt, Washington Auto Dealers Association

HOUSE AMENDMENTS:

Cancels the Senate floor amendment which would have required the Department of Licensing to accept credit cards for payment of fees for driver and vehicle licensing.