2224-S AMH .... H4183.1

SHB 2224 - H AMD 1037 ADOPTED 2-14-94

By Representative R. Fisher

    On page 1, after line 8, insert the following:

    "Sec. 1.  RCW 46.01.230 and 1992 c 216 s 2 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.  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."

    Renumber the sections following consecutively, and correct internal references accordingly.

SHB 2224 - H AMD

By Representative

    On page 2, after line 24, insert the following:

    "Sec. 4.  RCW 46.12.160 and 1975 c 25 s 12 are each amended to read as follows:

    If the ((director)) department determines at any time that an applicant for certificate of ownership or for a certificate of license registration for a vehicle is not entitled thereto, ((he)) the department may refuse to issue such certificate or to license the vehicle and ((he)) may, for like reason, after notice, and in the exercise of discretion, cancel license registration already acquired or any outstanding certificate of ownership.  ((The notice shall be served personally or sent by certified mail return receipt requested.)) 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 an affidavit of first class mail.  It shall then be unlawful for any person to remove, drive, or operate the vehicle until a proper certificate of ownership or license registration has been issued, and any person removing, driving, or operating such vehicle after the refusal of the ((director)) department to issue certificates or the revocation thereof shall be guilty of a gross misdemeanor."

    Renumber the sections following consecutively, and correct internal references accordingly.

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