H-2460              _______________________________________________

 

                                                   HOUSE BILL NO. 2217

                        _______________________________________________

 

State of Washington                               51st Legislature                              1989 Regular Session

 

By Representatives Walk and R. Fisher

 

 

Read first time 3/27/89 and referred to Committee on Transportation.

 

 


AN ACT Relating to vehicle and vessel licensing and registration; amending RCW 46.01.130, 46.01.140, 46.01.230, 46.09.030, 46.09.070, 46.10.043, 46.16.060, 46.16.160, 46.16.210, 46.16.630, 46.68.035, 82.08.065, 82.12.045, 82.44.040, 82.44.060, 82.44.090, 82.44.110, 82.50.400, 88.02.040, and 88.02.050; and repealing RCW 46.01.270, 46.16.200, 82.44.050, and 82.44.100.

 

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

 

        Sec. 1.  Section 46.08.090, chapter 12, Laws of 1961 as last amended by section 121, chapter 158, Laws of 1979 and RCW 46.01.130 are each amended to read as follows:

          The department of licensing shall have the general supervision and control of the issuing of vehicle licenses and vehicle license number plates and shall have the full power to do all things necessary and proper to carry out the provisions of the law relating to the licensing of vehicles; the director shall have the power to appoint and employ deputies, assistants, and representatives, and such clerks as may be required from time to time, and to provide for their operation in different parts of the state((, and the director shall have the power to appoint the county auditors of the several counties as his agents for the licensing of vehicles)).

 

        Sec. 2.  Section 12, chapter 380, Laws of 1985 as last amended by section 1, chapter 12, Laws of 1988 and RCW 46.01.140 are each amended to read as follows:

          ((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 to accept applications and collect fees for vehicle licenses and transfers and to deliver vehicle license number plates.))

          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 upon the public highways 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 two dollars for each application in addition to any other fees required by law.  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 three dollars in addition to any other fees required by law.  ((These additional fees, if paid to the county auditor as agent of the director, or if paid to an agent 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 expenses in handling the application:  PROVIDED, That an agent of the county auditor is entitled to an additional service charge of two dollars:  PROVIDED FURTHER, That)).  If the fee is collected by the state patrol or the department of transportation, as agent for the director, the fee so collected shall be certified to the state treasurer and deposited to the credit of the motor vehicle fund.  All such filing 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.

 

        Sec. 3.  Section 44, chapter 170, Laws of 1965 ex. sess. as last amended by section 2, chapter 302, Laws of 1987 and RCW 46.01.230 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 by certified mail that such certificate, license, or permit has been canceled pursuant to this section.

          (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.

 

        Sec. 4.  Section 8, chapter 47, Laws of 1971 ex. sess. as last amended by section 2, chapter 206, Laws of 1986 and RCW 46.09.030 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 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.

 

        Sec. 5.  Section 12, chapter 47, Laws of 1971 ex. sess. as last amended by section 4, chapter 206, Laws of 1986 and RCW 46.09.070 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 five 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 five 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 one dollar.

          (3) A temporary use permit is valid for sixty days.  Application for a temporary permit shall be accompanied by a fee of two 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.

 

        Sec. 6.  Section 4, chapter 181, Laws of 1975 1st ex. sess. as last amended by section 3, chapter 17, Laws of 1982 and RCW 46.10.043 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.

 

        Sec. 7.  Section 46.16.060, chapter 12, Laws of 1961 as last amended by section 3, chapter 9, Laws of 1987 1st ex. sess. and RCW 46.16.060 are each amended to read as follows:

          (1) Except for vehicles already so taxed in RCW 46.16.070 and 46.16.085 or as otherwise specifically provided by law for the licensing of vehicles, there shall be paid and collected annually for each registration year or fractional part thereof and upon each vehicle a license fee of ((twenty-three dollars, but effective with initial motor vehicle registrations that expire in January, 1989, and thereafter, the license fee shall be)) twenty-seven dollars and seventy-five cents; however, if the vehicle was previously licensed in this state and has not been registered in another jurisdiction in the intervening period, the renewal license fee shall be ((nineteen dollars, but effective with vehicle license renewals that expire in January, 1989, and thereafter, the renewal license fee shall be)) twenty-three dollars and seventy-five cents.  The proceeds of such fees shall be distributed in accordance with RCW 46.68.030.  The fee for licensing each  house-moving dolly which is used exclusively for moving buildings or homes on the highway under special permit as provided for in chapter 46.44 RCW shall be ((twenty-five dollars, but effective with licenses that expire in January, 1989, and thereafter, the fee shall be)) twenty-nine dollars and seventy-five cents, and no other fee shall be charged for the load carried thereon.

          (2) The department of licensing((, county auditors, and other authorized agents)) shall collect for any registration year any increase in the fees authorized by this section for the months of that registration year in which any such increase is effective in the same manner and at the same time as such fees for that registration year would otherwise be collected as provided by law.

 

        Sec. 8.  Section 46.16.160, chapter 12, Laws of 1961 as last amended by section 6, chapter 244, Laws of 1987 and RCW 46.16.160 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.  Trip permits may also be issued for movement of mobile homes pursuant to RCW 46.44.170.  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.  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) Blank trip permits may be obtained from field offices of the department of transportation, the Washington state patrol, and the department of licensing((, or other agents appointed by the department)).  For each permit issued, there shall be collected a filing fee as provided by RCW 46.01.140, an administrative fee of eight dollars, and an excise tax of one dollar.  If the filing fee amount of one dollar prescribed by RCW 46.01.140 is increased or decreased after January 1, 1981, the administrative fee shall be adjusted to compensate for such change to insure that the total amount collected for the filing fee, administrative fee, and excise tax remain at ten dollars.  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))) A violation of or a failure to comply with any provision of this section is a gross misdemeanor.

          (((8))) (7) The department of licensing may adopt rules as it deems necessary to administer this section.

          (((9))) (8) All 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.

 

        Sec. 9.  Section 1, chapter 8, Laws of 1977 and RCW 46.16.210 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 certificate of registration for the last registration period in which the vehicle was registered in Washington unless the applicant submits a preprinted application mailed from Olympia, and 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))) (2) Persons expecting to be out of the state during the normal forty-five day renewal period of a vehicle license may secure renewal of such vehicle license for a period of thirty days prior thereto 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 the certificate of registration for the last registration period in which the vehicle was registered in Washington and be accompanied by such license fees, including a special handling fee of two dollars((; one dollar to be retained by the issuing agency, and one dollar)) to be deposited in the highway safety fund, and excise tax as may be required by law.

          (((4))) (3) Application for the annual renewal of a vehicle license number plate to the director ((or his 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.

 

        Sec. 10.  Section 5, chapter 213, Laws of 1979 ex. sess. and RCW 46.16.630 are each amended to read as follows:

          Application for registration of a moped shall be made to the department of licensing in such manner and upon such forms as the department shall prescribe, and shall state the name and address of each owner of the moped to be registered, the vehicle identification number, and such other information as the department may require, and shall be accompanied by a registration fee of three dollars.  Upon receipt of the application and the application fee, the moped shall be registered and a registration number assigned, which shall be affixed to the moped in the manner as provided by rules adopted by the department.  The registration provided in this section shall be valid for a period of twelve months.

          Every owner of a moped in this state shall renew the registration, in such manner as the department shall prescribe, for an additional period of twelve months, upon payment of a renewal fee of three dollars.

          Any person acquiring a moped already validly registered must, within fifteen days of the acquisition or purchase of the moped, make application to the department for transfer of the registration, and the application shall be accompanied by a transfer fee of one dollar.

          The registration fees provided in this section shall be in lieu of any personal property tax or the vehicle excise tax imposed by chapter 82.44 RCW.

          The department shall, at the time the registration number is assigned, make available a decal or other identifying device to be displayed on the moped.  A fee of one dollar and fifty cents shall be charged for the decal or other identifying device.

          The provisions of RCW 46.01.130 and 46.01.140 shall apply to applications for the issuance of registration numbers or renewals or transfers thereof for mopeds as they do to the issuance of vehicle licenses((, the appointment of agents,)) and the collection of application fees.  Except for the fee collected pursuant to RCW 46.01.140, all fees collected under this section shall be deposited in the motor vehicle fund.

 

        Sec. 11.  Section 21, chapter 380, Laws of 1985 and RCW 46.68.035 are each amended to read as follows:

          All proceeds from combined vehicle licensing fees received by the director for vehicles licensed under RCW 46.16.070 and 46.16.085 shall be forwarded to the state treasurer to be distributed into accounts according to the following method:

          (1) 34.644 percent, representing the vehicle licensing fee, shall be distributed according to the following formula:

          (a) 76.772 percent shall be deposited into the state patrol highway account of the motor vehicle fund;

          (b) 6.348 percent shall be deposited into the Puget Sound ferry operations account of the motor vehicle fund;

          (c) 16.880 percent shall be deposited into the motor vehicle fund.

          (2) The sum of one dollar for each vehicle shall be deposited into the highway safety fund((, 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 one dollar shall be credited to the current county expense fund)).

          (3) The remaining proceeds, representing the gross vehicle weight fee, identification fee, special fee, minimum fee, and application fee, shall be deposited into the motor vehicle fund.

 

        Sec. 12.  Section 1, chapter 89, Laws of 1987 and RCW 82.08.065 are each amended to read as follows:

          ((In the collection of the sales tax on mobile homes, 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 the mobile home dealer or selling agent applies for a new certificate of ownership for such mobile home in the instance where transfer of ownership was from a mobile home dealer or person deemed a selling agent under RCW 82.04.480, except where the applicant presents a written statement signed by the department of revenue or its duly authorized agent showing that no retail sales tax or use tax is legally due.))  The term "mobile home" as used in this section means a mobile home as defined in RCW 46.04.302.  It shall be the duty of every mobile home dealer or selling agent to declare upon the application for a new certificate of ownership the selling price paid for the mobile home.  Any person willfully misrepresenting, or failing or refusing to declare upon the application, such selling price shall be guilty of a gross misdemeanor.

          ((Each county auditor who acts as agent of the department of revenue shall at the time of remitting license fee receipts on motor vehicles subject to the provisions of RCW 82.12.045 pay over and account to the state treasurer for all sales tax revenue collected under this section, after first deducting as his or her collection fee the sum of two dollars for each mobile home upon which the tax has been collected.))

          Any applicant who has paid sales tax ((to a county auditor)) under this section may apply to the department of revenue for refund thereof if he has reason to believe that such tax was not legally due and owing.  No refund is allowed unless application therefor is received by the department of revenue within four years after payment of the tax.  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.

          The provisions of this section shall be construed as cumulative of other methods prescribed in chapters 82.04 to 82.32 RCW, inclusive, for the collection of the tax imposed by this chapter.  The department of revenue shall have power to adopt 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 the director of licensing in remitting sales tax revenue to the state treasurer.))

 

        Sec. 13.  Section 82.12.045, chapter 15, Laws of 1961 as last amended by section 2, chapter 77, Laws of 1983 and RCW 82.12.045 are each amended to read as follows:

          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)) department of licensing as its collecting agent((s)).  Upon such designation, ((it shall be the duty of each county auditor to)) the department of licensing shall collect the tax at the time an applicant applies for the registration of, and transfer of title to, the motor vehicle, except in the following instances:  (1) Where the applicant exhibits a dealer's report of sale showing that the retail sales tax has been collected by the dealer; (2) where the application is for the renewal of registration; (3) where the applicant presents a written statement signed by the department of revenue, or its duly authorized agent showing that no use tax is legally due; or (4) where the applicant presents satisfactory evidence showing that the retail sales tax or the use tax has been paid by him on the vehicle in question.  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.  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 his application the value of the vehicle for which application is made, which shall consist of the consideration paid or contracted to be paid therefor.  Any person willfully misrepresenting, or failing or refusing to declare upon his application, such value shall be guilty of a gross misdemeanor.

          ((Each county auditor who acts)) The department of licensing, acting as an agent of the department of revenue, shall at the time of remitting 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 ((his)) 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.))

          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 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 two years after payment of the tax.  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.

          The provisions of this section shall be construed as cumulative of other methods prescribed in chapters 82.04 to 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 and regulations 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.))

 

        Sec. 14.  Section 82.44.040, chapter 15, Laws of 1961 as last amended by section 231, chapter 158, Laws of 1979 and RCW 82.44.040 are each amended to read as follows:

          The department of revenue, in consultation with the department of licensing, shall prepare at least once each year a schedule for use in the collection of the excise tax imposed by this chapter.  Such schedule shall be based upon such information as may be available to them pertaining to the fair market value of motor vehicles.  Such vehicles shall be classified into a convenient number of classes on the basis of price, make, type, year of manufacture, or any other reasonable basis, and to the value of vehicles within the classes as thus determined shall be applied the rate of tax prescribed in RCW 82.44.020.  In determining fair market value, the  department of revenue may use any guidebook, report, or compendium of recognized standing in the automotive industry.  The schedule shall show, so far as possible, the amount of excise tax for vehicles within each class and shall sufficiently describe the various motor vehicles included within each classification to enable the  department of licensing ((and its agents)) to ascertain readily the amount of tax applicable to any particular motor vehicle.

 

        Sec. 15.  Section 82.44.060, chapter 15, Laws of 1961 as last amended by section 12, chapter 222, Laws of 1981 and RCW 82.44.060 are each amended to read as follows:

          The excise tax hereby imposed shall be due and payable to the  department of licensing ((or its agents)) at the time of registration of a motor vehicle.  Whenever an application is made to the department of licensing ((or its agents)) for a license for a motor vehicle  there shall  be collected, in addition to the amount of the license fee or renewal license fee, the amount of the excise tax imposed by this chapter prorated to comply with the effective date of the annual schedule prepared pursuant to RCW 82.44.040, 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.  The excise tax hereby imposed shall be collected for each  registration year:  PROVIDED, That the excise tax upon a motor vehicle licensed for the first time in this state after the last day of any registration month shall only be levied for the remaining months of the  registration year including the month in which the motor vehicle is being licensed:  PROVIDED FURTHER, That the tax shall in no case be less than two dollars except for proportionally registered vehicles.

          A motor vehicle shall be deemed licensed for the first time in this state when such vehicle was not previously licensed by this state for the registration year immediately preceding the registration year in which the application for license is made  or when the vehicle has  been registered in another jurisdiction subsequent to any prior registration in this state.

          No additional tax shall be imposed under this chapter upon any vehicle upon the transfer of ownership thereof 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. 16.  Section 82.44.090, chapter 15, Laws of 1961 and RCW 82.44.090 are each amended to read as follows:

          It shall be unlawful ((for the county auditor or any other person)) to issue a dealer's license or dealer's license plates or a license or identification plates with respect to any motor vehicle without collecting, with the required license fee, the amount of the excise tax due thereon under the provisions of this chapter.  Any violation of this section shall constitute a gross misdemeanor.

 

        Sec. 17.  Section 82.44.110, chapter 15, Laws of 1961 as last amended by section 7, chapter 9, Laws of 1987 1st ex. sess. and RCW 82.44.110 are each amended to read as follows:

          ((The county auditor shall regularly, when remitting license fee receipts, pay over and account to the director of licensing for the excise taxes collected under the provisions of this chapter.))  The director of licensing shall forthwith transmit the excise taxes to the state treasurer, ninety-eight percent of which excise tax revenue shall upon receipt thereof be credited by the state treasurer to the general fund, and two percent of which excise tax revenue shall be credited by the state treasurer to the motor  vehicle fund to defray administrative and other expenses incurred by the state department of licensing in the collection of the excise tax:  PROVIDED, That:

          (1) One hundred percent of the proceeds of the additional tax imposed by RCW 82.44.020(2) shall be credited by the state treasurer to the Puget Sound capital construction account in the motor vehicle fund;

          (2) One hundred percent of the proceeds of the additional tax imposed by RCW 82.44.020(3) shall be credited by the state treasurer to the Puget Sound ferry operations account in the motor vehicle fund; and

          (3) All revenues collected under RCW 82.44.020(6) shall be credited by the state treasurer to the general fund.

 

        Sec. 18.  Section 55, chapter 299, Laws of 1971 ex. sess. as last amended by section 1, chapter 123, Laws of 1979 and RCW 82.50.400 are each amended to read as follows:

          An annual excise tax is imposed on the owner of any travel trailer or camper for the privilege of using such travel trailer or camper in this state.  The excise tax hereby imposed shall be due and payable to the department of licensing ((or its agents)) at the time of registration of a travel trailer or camper.  Whenever an application is made to the department of licensing ((or its agents)) for a license for a travel trailer or camper there shall be collected, in addition to the amount of the license fee or renewal license fee, the amount of the excise tax imposed by this chapter prorated to comply with the effective date of the annual schedule prepared pursuant to RCW 82.44.040, and no dealer's license or license plates, and no license or license plates for a travel trailer or camper may be issued unless such tax is paid in full.  No additional tax shall be imposed under this chapter upon any travel trailer or camper upon the transfer of ownership thereof, if the tax imposed by this chapter with respect to such travel trailer or camper has already been paid for the  registration year or fractional part thereof in which such transfer occurs.

 

        Sec. 19.  Section 17, chapter 7, Laws of 1983 and RCW 88.02.040 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.  Fees for vessel registrations collected by the director shall be deposited in the general fund.

 

        Sec. 20.  Section 18, chapter 7, Laws of 1983 as amended by section 45, chapter 3, Laws of 1983 2nd ex. sess. and RCW 88.02.050 are each amended to read as follows:

          Application for a vessel registration shall be made to the department ((or its authorized agent)) in the manner and upon forms prescribed by the department.  The application shall state the name and address of each owner of the vessel and such other information as may be required by the department, shall be signed by at least one owner, and shall be accompanied by a vessel registration fee of six dollars per year and the excise tax imposed under chapter 82.49 RCW.  Any fees required ((for licensing agents)) under RCW 46.01.140 shall be in addition to the six-dollar annual registration fee.

          Upon receipt of the application and the registration fee, the department shall assign a registration number and issue a decal for each vessel.  The registration number and decal shall 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.  A valid decal affixed as prescribed shall indicate compliance with the annual registration requirements of this chapter.

          The 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 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.  Vessel registrations are renewable every year in a manner prescribed by the department upon payment of the vessel registration fee and excise tax.  Upon renewing a vessel registration, the department shall issue a new decal to be affixed as prescribed by the department.

          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)) for transfer of the vessel registration, and the application shall be accompanied by a transfer fee of one dollar.

 

          NEW SECTION.  Sec. 21.  The following acts or parts of acts are each repealed:

                   (1) Section 46.08.130, chapter 12, Laws of 1961, section 4, chapter 32, Laws of 1967 and RCW 46.01.270;

          (2) Section 46.16.200, chapter 12, Laws of 1961 and RCW 46.16.200;

          (3) Section 82.44.050, chapter 15, Laws of 1961, section 3, chapter 199, Laws of 1963, section 11, chapter 222, Laws of 1981 and RCW 82.44.050; and

          (4) Section 82.44.100, chapter 15, Laws of 1961 and RCW 82.44.100.