AN
ACT Relating to motor vehicle licensing subagents; and amending RCW 46.01.140.
BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
46.01.140 and 1996 c 315 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 ((advertise a request
for proposals and use the process for soliciting vendors under RCW
39.04.190(2), except that the provision requiring the contract to be awarded to
the lowest responsible bidder shall not apply)) 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 ((request
for proposal)) 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 fifty cents, which must be collected and
remitted to the state treasurer for deposit into the department of licensing
services account of the motor vehicle fund. Revenue deposited into this
account 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.
(5)
A subagent shall collect a service fee of (a) ((seven)) eight
dollars and fifty cents 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) three dollars and fifty cents 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.
