AN
ACT Relating to correction of outdated references and double amendments in the
Revised Code of Washington; amending RCW 29.24.035, 34.05.660, 42.17.316,
46.16.065, 46.16.374, 46.61.524, 46.70.029, 46.70.180, 46.79.010, 46.79.020,
46.79.110, 46.80.030, 47.46.040, and 82.80.020; and reenacting RCW 46.20.285.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
29.24.035 and 1989 c 215 s 5 are each amended to read as follows:
A
nominating petition submitted under this chapter shall clearly identify the
name of the minor party or independent candidate convention as it appears on
the certificate of nomination as required by RCW ((29.24.030(3))) 29.24.040(3).
The petition shall also contain a statement that the person signing the
petition is a registered voter of the state of Washington and shall have a
space for the voter to sign his or her name and to print his or her name and
address. No person may sign more than one nominating petition under this
chapter for an office for a primary or election.
EXPLANATORY NOTE
The
reference to RCW 29.24.030(3) appears to be erroneous. The section governing
the certificate of nomination is RCW 29.24.040(3).
Sec.
2. RCW
34.05.660 and 1988 c 288 s 606 are each amended to read as follows:
It
is the express policy of the legislature that establishment of procedures for
review of administrative rules by the legislature and the notice of objection
required by RCW 34.05.630(((2))) (3) and 34.05.640(2) in no way
serves to establish a presumption as to the legality or constitutionality of a
rule in any subsequent judicial proceedings interpreting such rules.
EXPLANATORY
NOTE
RCW
34.05.630 was amended by 1987 c 451 s 2, changing subsection (2) to subsection
(3).
Sec.
3. RCW
42.17.316 and 1994 sp.s. c 9 s 726 are each amended to read as follows:
The
disclosure requirements of this chapter shall not apply to records of the ((committee))
entity obtained in an action under RCW 18.71.300 through 18.71.340.
EXPLANATORY
NOTE
RCW
18.71.300 was amended by 1998 c 132 s 3, changing the definition of
"committee" to "entity."
Sec.
4. RCW
46.16.065 and 1975 1st ex.s. c 118 s 4 are each amended to read as follows:
In
lieu of the fees provided in RCW ((46.16.060)) 46.16.0621,
private passenger car one or two-wheel trailers of two thousand pounds gross
weight or less, may be licensed upon the payment of a license fee in the sum of
four dollars and fifty cents or, if the vehicle was previously licensed in this
state and has not been registered in another jurisdiction in the intervening
period, a renewal license fee in the sum of three dollars and twenty-five
cents, but only if such trailers are to be operated upon the public highway by
the owners thereof. It is the intention of the legislature that this reduced
license shall be issued only as to trailers operated for personal use of the owners
and not trailers held for rental to the public.
EXPLANATORY
NOTE
RCW
46.16.060 was repealed by 2000 1st sp.s. c 1 s 2. For later enactment, see RCW
46.16.0621.
Sec.
5. RCW
46.16.374 and 1996 c 139 s 1 are each amended to read as follows:
(1)
If the eligible applicant bears the entire cost of plate production, the
department shall provide for the issuance of special license plates, in lieu of
regular motor vehicle license plates, for passenger vehicles having manufacturers'
rated carrying capacities of one ton or less that are owned or leased by an
officer of the Taipei Economic and Cultural Office. The department shall issue
the special license plates in a distinguishing color, running in a separate
numerical series, and bearing the words "Foreign Organization." A
vehicle for which special license plates are issued under this section is
exempt from regular license fees under RCW ((46.16.060, excise tax under RCW
82.44.020,)) 46.16.0621 and any additional vehicle license fees
imposed under RCW 82.80.020.
(2)
Whenever the owner or lessee as provided in subsection (1) of this section
transfers or assigns the interest or title in the motor vehicle for which the
special plates were issued, the plates must be removed from the motor vehicle,
and if another qualified vehicle is acquired, attached to that vehicle, and the
director must be immediately notified of the transfer of the plates; otherwise
the removed plates must be immediately forwarded to the director to be
destroyed. Whenever the owner or lessee as provided in subsection (1) of this
section is for any reason relieved of his or her duties as a representative of
a recognized foreign organization, he or she shall immediately forward the
special plates to the director, who shall upon receipt dispose of the plates as
otherwise provided by law.
EXPLANATORY
NOTE
RCW
46.16.060 and 82.44.020 were repealed by 2000 1st sp.s. c 1 s 2. For later
enactment of RCW 46.16.060, see RCW 46.16.0621.
Sec.
6. RCW
46.20.285 and 1998 c 207 s 4 and 1998 c 41 s 3 are each reenacted to read as
follows:
The
department shall forthwith revoke the license of any driver for the period of
one calendar year unless otherwise provided in this section, upon receiving a
record of the driver's conviction of any of the following offenses, when the
conviction has become final:
(1)
For vehicular homicide the period of revocation shall be two years. The
revocation period shall be tolled during any period of total confinement for
the offense;
(2)
Vehicular assault. The revocation period shall be tolled during any period of
total confinement for the offense;
(3)
Driving a motor vehicle while under the influence of intoxicating liquor or a
narcotic drug, or under the influence of any other drug to a degree which
renders the driver incapable of safely driving a motor vehicle, for the period
prescribed in RCW 46.61.5055;
(4)
Any felony in the commission of which a motor vehicle is used;
(5)
Failure to stop and give information or render aid as required under the laws
of this state in the event of a motor vehicle accident resulting in the death
or personal injury of another or resulting in damage to a vehicle that is
driven or attended by another;
(6)
Perjury or the making of a false affidavit or statement under oath to the
department under Title 46 RCW or under any other law relating to the ownership
or operation of motor vehicles;
(7)
Reckless driving upon a showing by the department's records that the conviction
is the third such conviction for the driver within a period of two years.
EXPLANATORY
NOTE
RCW
46.20.285 was amended twice during the 1998 legislative session, each without
reference to the other. This reenactment merges the two versions to carry out
the policy of the later, more inclusive amendment.
Sec.
7. RCW
46.61.524 and 2000 c 28 s 40 are each amended to read as follows:
(1)
A person convicted under RCW 46.61.520(1)(a) or 46.61.522(1)(b) shall, as a
condition of community ((supervision)) custody imposed under RCW
9.94A.383 or community placement imposed under RCW 9.94A.660, complete a
diagnostic evaluation by an alcohol or drug dependency agency approved by the
department of social and health services or a qualified probation department,
as defined under RCW 46.61.516 that has been approved by the department of
social and health services. This report shall be forwarded to the department
of licensing. If the person is found to have an alcohol or drug problem that
requires treatment, the person shall complete treatment in a program approved
by the department of social and health services under chapter 70.96A RCW. If
the person is found not to have an alcohol or drug problem that requires treatment,
he or she shall complete a course in an information school approved by the
department of social and health services under chapter 70.96A RCW. The
convicted person shall pay all costs for any evaluation, education, or
treatment required by this section, unless the person is eligible for an
existing program offered or approved by the department of social and health
services. Nothing in chapter 348, Laws of 1991 requires the addition of new
treatment or assessment facilities nor affects the department of social and
health services use of existing programs and facilities authorized by law.
(2)
As provided for under RCW 46.20.285, the department shall revoke the license,
permit to drive, or a nonresident privilege of a person convicted of vehicular
homicide under RCW 46.61.520 or vehicular assault under RCW 46.61.522. The
department shall determine the eligibility of a person convicted of vehicular
homicide under RCW 46.61.520(1)(a) or vehicular assault under RCW
46.61.522(1)(b) to receive a license based upon the report provided by the
designated alcoholism treatment facility or probation department, and shall
deny reinstatement until satisfactory progress in an approved program has been
established and the person is otherwise qualified.
EXPLANATORY
NOTE
RCW
9.94A.383 was amended by 1999 c 196 s 10, changing the term "community
supervision" to "community custody."
Sec.
8. RCW
46.70.029 and 1990 c 250 s 63 are each amended to read as follows:
Listing
dealers shall transact dealer business by obtaining a listing agreement for
sale, and the buyer's purchase of the mobile home shall be handled as dealer
inventory. All funds from the purchaser shall be placed in a trust account
until the sale is completed, except that the dealer shall pay any outstanding
liens against the mobile home from these funds. Where title has been delivered
to the purchaser, the listing dealer shall pay the amount due a seller within
ten days after the sale of a listed mobile home. A complete account of all
funds received and disbursed shall be given to the seller or consignor after
the sale is completed. The sale of listed mobile homes imposes the same duty
under RCW ((46.12.120)) 46.70.122 on the listing dealer as any
other sale.
EXPLANATORY
NOTE
RCW
46.12.120 was recodified as RCW 46.70.122 pursuant to 1993 c 307 s 18.
Sec.
9. RCW
46.70.180 and 1999 c 398 s 10 are each amended to read as follows:
Each
of the following acts or practices is unlawful:
(1)
To cause or permit to be advertised, printed, displayed, published,
distributed, broadcasted, televised, or disseminated in any manner whatsoever,
any statement or representation with regard to the sale or financing of a
vehicle which is false, deceptive, or misleading, including but not limited to
the following:
(a)
That no down payment is required in connection with the sale of a vehicle when
a down payment is in fact required, or that a vehicle may be purchased for a
smaller down payment than is actually required;
(b)
That a certain percentage of the sale price of a vehicle may be financed when such
financing is not offered in a single document evidencing the entire security
transaction;
(c)
That a certain percentage is the amount of the service charge to be charged for
financing, without stating whether this percentage charge is a monthly amount
or an amount to be charged per year;
(d)
That a new vehicle will be sold for a certain amount above or below cost
without computing cost as the exact amount of the factory invoice on the
specific vehicle to be sold;
(e)
That a vehicle will be sold upon a monthly payment of a certain amount, without
including in the statement the number of payments of that same amount which are
required to liquidate the unpaid purchase price.
(2)
To incorporate within the terms of any purchase and sale agreement any statement
or representation with regard to the sale or financing of a vehicle which is
false, deceptive, or misleading, including but not limited to terms that
include as an added cost to the selling price of a vehicle an amount for
licensing or transfer of title of that vehicle which is not actually due to the
state, unless such amount has in fact been paid by the dealer prior to such
sale.
(3)
To set up, promote, or aid in the promotion of a plan by which vehicles are to
be sold to a person for a consideration and upon further consideration that the
purchaser agrees to secure one or more persons to participate in the plan by
respectively making a similar purchase and in turn agreeing to secure one or
more persons likewise to join in said plan, each purchaser being given the
right to secure money, credits, goods, or something of value, depending upon
the number of persons joining the plan.
(4)
To commit, allow, or ratify any act of "bushing" which is defined as
follows: Taking from a prospective buyer of a vehicle a written order or offer
to purchase, or a contract document signed by the buyer, which:
(a)
Is subject to the dealer's, or his or her authorized representative's future
acceptance, and the dealer fails or refuses within three calendar days, exclusive
of Saturday, Sunday, or legal holiday, and prior to any further negotiations
with said buyer, either (i) to deliver to the buyer the dealer's signed
acceptance, or (ii) to void the order, offer, or contract document and tender
the return of any initial payment or security made or given by the buyer,
including but not limited to money, check, promissory note, vehicle keys, a
trade-in, or certificate of title to a trade-in; or
(b)
Permits the dealer to renegotiate a dollar amount specified as trade-in allowance
on a vehicle delivered or to be delivered by the buyer as part of the purchase
price, for any reason except:
(i)
Failure to disclose that the vehicle's certificate of ownership has been
branded for any reason, including, but not limited to, status as a rebuilt
vehicle as provided in RCW 46.12.050 and 46.12.075; or
(ii)
Substantial physical damage or latent mechanical defect occurring before the
dealer took possession of the vehicle and which could not have been reasonably
discoverable at the time of the taking of the order, offer, or contract; or
(iii)
Excessive additional miles or a discrepancy in the mileage. "Excessive
additional miles" means the addition of five hundred miles or more, as
reflected on the vehicle's odometer, between the time the vehicle was first
valued by the dealer for purposes of determining its trade-in value and the
time of actual delivery of the vehicle to the dealer. "A discrepancy in
the mileage" means (A) a discrepancy between the mileage reflected on the
vehicle's odometer and the stated mileage on the signed odometer statement; or
(B) a discrepancy between the mileage stated on the signed odometer statement
and the actual mileage on the vehicle; or
(c)
Fails to comply with the obligation of any written warranty or guarantee given
by the dealer requiring the furnishing of services or repairs within a
reasonable time.
(5)
To commit any offense relating to odometers, as such offenses are defined in
RCW 46.37.540, 46.37.550, 46.37.560, and 46.37.570. A violation of this
subsection is a class C felony punishable under chapter 9A.20 RCW.
(6)
For any vehicle dealer or vehicle salesperson to refuse to furnish, upon
request of a prospective purchaser, for vehicles previously registered to a
business or governmental entity, the name and address of the business or
governmental entity.
(7)
To commit any other offense under RCW 46.37.423, 46.37.424, or 46.37.425.
(8)
To commit any offense relating to a dealer's temporary license permit,
including but not limited to failure to properly complete each such permit, or
the issuance of more than one such permit on any one vehicle. However, a
dealer may issue a second temporary permit on a vehicle if the following
conditions are met:
(a)
The lienholder fails to deliver the vehicle title to the dealer within the
required time period;
(b)
The dealer has satisfied the lien; and
(c)
The dealer has proof that payment of the lien was made within two calendar
days, exclusive of Saturday, Sunday, or a legal holiday, after the sales
contract has been executed by all parties and all conditions and contingencies
in the sales contract have been met or otherwise satisfied.
(9)
For a dealer, salesman, or mobile home manufacturer, having taken an instrument
or cash "on deposit" from a purchaser prior to the delivery of the
bargained-for vehicle, to commingle the "on deposit" funds with
assets of the dealer, salesman, or mobile home manufacturer instead of holding
the "on deposit" funds as trustee in a separate trust account until
the purchaser has taken delivery of the bargained-for vehicle. Delivery of a
manufactured home shall be deemed to occur in accordance with RCW
46.70.135(5). Failure, immediately upon receipt, to endorse "on
deposit" instruments to such a trust account, or to set aside "on
deposit" cash for deposit in such trust account, and failure to deposit
such instruments or cash in such trust account by the close of banking hours on
the day following receipt thereof, shall be evidence of intent to commit this
unlawful practice: PROVIDED, HOWEVER, That a motor vehicle dealer may keep a
separate trust account which equals his or her customary total customer
deposits for vehicles for future delivery. For purposes of this section,
"on deposit" funds received from a purchaser of a manufactured home
means those funds that a seller requires a purchaser to advance before ordering
the manufactured home, but does not include any loan proceeds or moneys that
might have been paid on an installment contract.
(10)
For a dealer or manufacturer to fail to comply with the obligations of any
written warranty or guarantee given by the dealer or manufacturer requiring the
furnishing of goods and services or repairs within a reasonable period of time,
or to fail to furnish to a purchaser, all parts which attach to the
manufactured unit including but not limited to the undercarriage, and all items
specified in the terms of a sales agreement signed by the seller and buyer.
(11)
For a vehicle dealer to pay to or receive from any person, firm, partnership,
association, or corporation acting, either directly or through a subsidiary, as
a buyer's agent for consumers, any compensation, fee, purchase moneys or funds
that have been deposited into or withdrawn out of any account controlled or
used by any buyer's agent, gratuity, or reward in connection with the purchase
or sale of a new motor vehicle.
(12)
For a buyer's agent, acting directly or through a subsidiary, to pay to or to
receive from any motor vehicle dealer any compensation, fee, gratuity, or
reward in connection with the purchase or sale of a new motor vehicle. In addition,
it is unlawful for any buyer's agent to engage in any of the following acts on
behalf of or in the name of the consumer:
(a)
Receiving or paying any purchase moneys or funds into or out of any account
controlled or used by any buyer's agent;
(b)
Signing any vehicle purchase orders, sales contract, odometer statements, or
title documents, or having the name of the buyer's agent appear on the vehicle
purchase order, sales contract, or title; or
(c)
Signing any other documentation relating to the purchase, sale, or transfer of
any new motor vehicle.
It
is unlawful for a buyer's agent to use a power of attorney obtained from the
consumer to accomplish or effect the purchase, sale, or transfer of ownership
documents of any new motor vehicle by any means which would otherwise be
prohibited under (a) through (c) of this subsection. However, the buyer's
agent may use a power of attorney for physical delivery of motor vehicle
license plates to the consumer.
Further,
it is unlawful for a buyer's agent to engage in any false, deceptive, or
misleading advertising, disseminated in any manner whatsoever, including but
not limited to making any claim or statement that the buyer's agent offers,
obtains, or guarantees the lowest price on any motor vehicle or words to
similar effect.
(13)
For a buyer's agent to arrange for or to negotiate the purchase, or both, of a
new motor vehicle through an out-of-state dealer without disclosing in writing
to the customer that the new vehicle would not be subject to chapter 19.118
RCW. In addition, it is unlawful for any buyer's agent to fail to have a
written agreement with the customer that: (a) Sets forth the terms of the
parties' agreement; (b) discloses to the customer the total amount of any fees
or other compensation being paid by the customer to the buyer's agent for the
agent's services; and (c) further discloses whether the fee or any portion of
the fee is refundable. The department of licensing shall by December 31, 1996,
in rule, adopt standard disclosure language for buyer's agent agreements under
RCW 46.70.011, 46.70.070, and this section.
(14)
Being a manufacturer, other than a motorcycle manufacturer governed by chapter
46.94 RCW, to:
(a)
Coerce or attempt to coerce any vehicle dealer to order or accept delivery of
any vehicle or vehicles, parts or accessories, or any other commodities which
have not been voluntarily ordered by the vehicle dealer: PROVIDED, That
recommendation, endorsement, exposition, persuasion, urging, or argument are
not deemed to constitute coercion;
(b)
Cancel or fail to renew the franchise or selling agreement of any vehicle
dealer doing business in this state without fairly compensating the dealer at a
fair going business value for his or her capital investment which shall include
but not be limited to tools, equipment, and parts inventory possessed by the
dealer on the day he or she is notified of such cancellation or termination and
which are still within the dealer's possession on the day the cancellation or
termination is effective, if: (i) The capital investment has been entered into
with reasonable and prudent business judgment for the purpose of fulfilling the
franchise; and (ii) the cancellation or nonrenewal was not done in good faith.
Good faith is defined as the duty of each party to any franchise to act in a
fair and equitable manner towards each other, so as to guarantee one party
freedom from coercion, intimidation, or threats of coercion or intimidation
from the other party: PROVIDED, That recommendation, endorsement, exposition,
persuasion, urging, or argument are not deemed to constitute a lack of good
faith.
(c)
Encourage, aid, abet, or teach a vehicle dealer to sell vehicles through any
false, deceptive, or misleading sales or financing practices including but not
limited to those practices declared unlawful in this section;
(d)
Coerce or attempt to coerce a vehicle dealer to engage in any practice
forbidden in this section by either threats of actual cancellation or failure
to renew the dealer's franchise agreement;
(e)
Refuse to deliver any vehicle publicly advertised for immediate delivery to any
duly licensed vehicle dealer having a franchise or contractual agreement for
the retail sale of new and unused vehicles sold or distributed by such
manufacturer within sixty days after such dealer's order has been received in
writing unless caused by inability to deliver because of shortage or
curtailment of material, labor, transportation, or utility services, or by any
labor or production difficulty, or by any cause beyond the reasonable control
of the manufacturer;
(f)
To provide under the terms of any warranty that a purchaser of any new or
unused vehicle that has been sold, distributed for sale, or transferred into
this state for resale by the vehicle manufacturer may only make any warranty
claim on any item included as an integral part of the vehicle against the
manufacturer of that item.
Nothing
in this section may be construed to impair the obligations of a contract or to
prevent a manufacturer, distributor, representative, or any other person,
whether or not licensed under this chapter, from requiring performance of a
written contract entered into with any licensee hereunder, nor does the
requirement of such performance constitute a violation of any of the provisions
of this section if any such contract or the terms thereof requiring
performance, have been freely entered into and executed between the contracting
parties. This paragraph and subsection (14)(b) of this section do not apply to
new motor vehicle manufacturers governed by chapter 46.96 RCW.
(15)
Unlawful transfer of an ownership interest in a motor vehicle as defined in RCW
19.116.050.
(16)
To knowingly and intentionally engage in collusion with a registered owner of a
vehicle to repossess and return or resell the vehicle to the registered owner
in an attempt to avoid a suspended license impound under chapter 46.55 RCW.
However, compliance with chapter ((62A.9)) 62A.9A RCW in
repossessing, selling, leasing, or otherwise disposing of the vehicle, including
providing redemption rights to the debtor, is not a violation of this section.
EXPLANATORY
NOTE
Chapter
62A.9 RCW was repealed in its entirety by 2000 c 250 s 9A-901, effective July
1, 2001. For later enactment, see chapter 62A.9A RCW.
Sec.
10. RCW
46.79.010 and 1990 c 250 s 69 are each amended to read as follows:
The
definitions set forth in this section apply throughout this chapter unless the
context indicates otherwise.
(1)
"Junk vehicle" means a motor vehicle certified under RCW 46.55.230 as
meeting all the following requirements:
(a)
Is three years old or older;
(b)
Is extensively damaged, such damage including but not limited to any of the
following: A broken window or windshield or missing wheels, tires, motor, or
transmission;
(c)
Is apparently inoperable;
(d)
Is without a valid, current registration plate;
(e)
Has a fair market value equal only to the value of the scrap in it.
(2)
"Scrap processor" means a licensed establishment that maintains a
hydraulic baler and shears, or a shredder for recycling salvage.
(3)
"Demolish" means to destroy completely by use of a hydraulic baler
and shears, or a shredder.
(4)
"Hulk hauler" means any person who deals in vehicles for the sole
purpose of transporting and/or selling them to a licensed ((motor))
vehicle wrecker or scrap processor in substantially the same form in which they
are obtained. A hulk hauler may not sell second-hand motor vehicle parts to
anyone other than a licensed vehicle wrecker or scrap processor, except for
those parts specifically enumerated in RCW 46.79.020(2), as now or hereafter
amended, which may be sold to a licensed ((motor)) vehicle wrecker or
disposed of at a public facility for waste disposal.
(5)
"Director" means the director of licensing.
(6)
"Major component parts" include engines and short blocks, frames,
transmissions or transfer cases, cabs, doors, front or rear differentials,
front or rear clips, quarter panels or fenders, bumpers, truck beds or boxes,
seats, and hoods.
EXPLANATORY
NOTE
"Motor
vehicle wrecker" was redesignated as "vehicle wrecker" by 1995 c
256.
Sec.
11. RCW
46.79.020 and 1990 c 250 s 70 are each amended to read as follows:
Any
hulk hauler or scrap processor licensed under the provisions of this chapter
may:
(1)
Notwithstanding any other provision of law, transport any flattened or junk
vehicle whether such vehicle is from in state or out of state, to a scrap
processor upon obtaining the certificate of title or release of interest from
the owner or an affidavit of sale from the landowner who has complied with RCW
46.55.230. The scrap processor shall forward such document(s) to the
department, together with a monthly report of all vehicles acquired from other
than a licensed automobile wrecker, and no further identification shall be
necessary.
(2)
Prepare vehicles and vehicle salvage for transportation and delivery to a scrap
processor or vehicle wrecker only by removing the following vehicle parts:
(a)
Gas tanks;
(b)
Vehicle seats containing springs;
(c)
Tires;
(d)
Wheels;
(e)
Scrap batteries;
(f)
Scrap radiators.
Such
parts may not be removed if they will be accepted by a scrap processor or
wrecker. Such parts may be removed only at a properly zoned location, and all
preparation activity, vehicles, and vehicle parts shall be obscured from public
view. Storage is limited to two vehicles or the parts thereof which are
authorized by this subsection, and any such storage may take place only at a
properly zoned location. Any vehicle parts removed under the authority of this
subsection shall be lawfully disposed of at or through a public facility or
service for waste disposal or by sale to a licensed ((motor)) vehicle
wrecker.
EXPLANATORY
NOTE
"Motor
vehicle wrecker" was redesignated as "vehicle wrecker" by 1995 c
256.
Sec.
12. RCW
46.79.110 and 1983 c 142 s 7 are each amended to read as follows:
Nothing
contained in this chapter shall be construed to prohibit any individual not
engaged in business as a hulk hauler or scrap processor from towing any vehicle
owned by him or her to any ((motor)) vehicle wrecker or scrap processor.
EXPLANATORY
NOTE
"Motor
vehicle wrecker" was redesignated as "vehicle wrecker" by 1995 c
256.
Sec.
13. RCW
46.80.030 and 1990 c 250 s 72 are each amended to read as follows:
Application
for a ((motor)) vehicle wrecker's license or renewal of a vehicle
wrecker's license shall be made on a form for this purpose, furnished by the
department of licensing, and shall be signed by the ((motor)) vehicle
wrecker or his authorized agent and shall include the following information:
(1)
Name and address of the person, firm, partnership, association, or
corporation under which name the business is to be conducted;
(2)
Names and residence address of all persons having an interest in the business
or, if the owner is a corporation, the names and addresses of the officers
thereof;
(3)
Certificate of approval of the chief of police of any city or town having a
population of over five thousand persons and in all other instances a member of
the Washington state patrol certifying that:
(a)
The applicant has an established place of business at the address shown on the
application, and;
(b)
In the case of a renewal of a vehicle wrecker's license, the applicant is in
compliance with this chapter and the provisions of Title 46 RCW, relating to
registration and certificates of title: PROVIDED, That the above
certifications in any instance can be made by an authorized representative of
the department of licensing;
(4)
Any other information that the department may require.
EXPLANATORY
NOTE
"Motor
vehicle wrecker" was redesignated as "vehicle wrecker" by 1995 c
256.
Sec.
14. RCW
47.46.040 and 1995 2nd sp.s. c 19 s 3 are each amended to read as follows:
(1)
All projects designed, constructed, and operated under this authority must
comply with all applicable rules and statutes in existence at the time the
agreement is executed, including but not limited to the following provisions:
Chapter 39.12 RCW, this title, RCW 41.06.380, chapter 47.64 RCW, RCW 49.60.180,
and 49 C.F.R. Part 21.
(2)
The secretary or a designee shall consult with legal, financial, and other
experts within and outside state government in the negotiation and development
of the agreements.
(3)
Agreements shall provide for private ownership of the projects during the
construction period. After completion and final acceptance of each project or
discrete segment thereof, the agreement shall provide for state ownership of
the transportation systems and facilities and lease to the private entity
unless the state elects to provide for ownership of the facility by the private
entity during the term of the agreement.
The
state shall lease each of the demonstration projects, or applicable project
segments, to the private entities for operating purposes for up to fifty years.
(4)
The department may exercise any power possessed by it to facilitate the
development, construction, financing operation, and maintenance of
transportation projects under this chapter. Agreements for maintenance
services entered into under this section shall provide for full reimbursement
for services rendered by the department or other state agencies. Agreements
for police services for projects, involving state highway routes, developed
under agreements shall be entered into with the Washington state patrol. The
agreement for police services shall provide that the state patrol will be reimbursed
for costs on a comparable basis with the costs incurred for comparable service
on other state highway routes. The department may provide services for which
it is reimbursed, including but not limited to preliminary planning,
environmental certification, and preliminary design of the demonstration
projects.
(5)
The plans and specifications for each project constructed under this section
shall comply with the department's standards for state projects. A facility
constructed by and leased to a private entity is deemed to be a part of the
state highway system for purposes of identification, maintenance, and
enforcement of traffic laws and for the purposes of applicable sections of this
title. Upon reversion of the facility to the state, the project must meet all
applicable state standards. Agreements shall address responsibility for
reconstruction or renovations that are required in order for a facility to meet
all applicable state standards upon reversion of the facility to the state.
(6)
For the purpose of facilitating these projects and to assist the private entity
in the financing, development, construction, and operation of the
transportation systems and facilities, the agreements may include provisions
for the department to exercise its authority, including the lease of
facilities, rights of way, and airspace, exercise of the power of eminent
domain, granting of development rights and opportunities, granting of necessary
easements and rights of access, issuance of permits and other authorizations, protection
from competition, remedies in the event of default of either of the parties,
granting of contractual and real property rights, liability during construction
and the term of the lease, authority to negotiate acquisition of rights of way
in excess of appraised value, and any other provision deemed necessary by the
secretary.
(7)
The agreements entered into under this section may include provisions
authorizing the state to grant necessary easements and lease to a private
entity existing rights of way or rights of way subsequently acquired with
public or private financing. The agreements may also include provisions to
lease to the entity airspace above or below the right of way associated or to
be associated with the private entity's transportation facility. In
consideration for the reversion rights in these privately constructed
facilities, the department may negotiate a charge for the lease of airspace
rights during the term of the agreement for a period not to exceed fifty
years. If, after the expiration of this period, the department continues to
lease these airspace rights to the private entity, it shall do so only at fair
market value. The agreement may also provide the private entity the right of
first refusal to undertake projects utilizing airspace owned by the state in
the vicinity of the public-private project.
(8)
Agreements under this section may include any contractual provision that is
necessary to protect the project revenues required to repay the costs incurred
to study, plan, design, finance, acquire, build, install, operate, enforce
laws, and maintain toll highways, bridges, and tunnels and which will not
unreasonably inhibit or prohibit the development of additional public
transportation systems and facilities. Agreements under this section must
secure and maintain liability insurance coverage in amounts appropriate to
protect the project's viability and may address state indemnification of the
private entity for design and construction liability where the state has
approved relevant design and construction plans.
(9)
Agreements shall include a process that provides for public involvement in
decision making with respect to the development of the projects.
(10)(a)
In carrying out the public involvement process required in subsection (9) of
this section, the private entity shall proactively seek public participation
through a process appropriate to the characteristics of the project that
assesses and demonstrates public support among: Users of the project,
residents of communities in the vicinity of the project, and residents of
communities impacted by the project.
(b)
The private entity shall conduct a comprehensive public involvement process
that provides, periodically throughout the development and implementation of
the project, users and residents of communities in the affected project area an
opportunity to comment upon key issues regarding the project including, but not
limited to: (i) Alternative sizes and scopes; (ii) design; (iii) environmental
assessment; (iv) right of way and access plans; (v) traffic impacts; (vi)
tolling or user fee strategies and tolling or user fee ranges; (vii) project
cost; (viii) construction impacts; (ix) facility operation; and (x) any other
salient characteristics.
(c)
If the affected project area has not been defined, the private entity shall
define the affected project area by conducting, at a minimum: (i) A comparison
of the estimated percentage of residents of communities in the vicinity of the
project and in other communities impacted by the project who could be subject
to tolls or user fees and the estimated percentage of other users and transient
traffic that could be subject to tolls or user fees; (ii) an analysis of the
anticipated traffic diversion patterns; (iii) an analysis of the potential
economic impact resulting from proposed toll rates or user fee rates imposed on
residents, commercial traffic, and commercial entities in communities in the
vicinity of and impacted by the project; (iv) an analysis of the economic
impact of tolls or user fees on the price of goods and services generally; and
(v) an analysis of the relationship of the project to state transportation
needs and benefits.
The
agreement may require an advisory vote by users of and residents in the
affected project area.
(d)
In seeking public participation, the private entity shall establish a local
involvement committee or committees comprised of residents of the affected project
area, individuals who represent cities and counties in the affected project
area, organizations formed to support or oppose the project, if such
organizations exist, and users of the project. The private entity shall, at a
minimum, establish a committee as required under the specifications of RCW
47.46.030(((5))) (6)(b) (ii) and (iii) and appointments to such
committee shall be made no later than thirty days after the project area is
defined.
(e)
Local involvement committees shall act in an advisory capacity to the
department and the private entity on all issues related to the development and
implementation of the public involvement process established under this
section.
(f)
The department and the private entity shall provide the legislative transportation
committee and local involvement committees with progress reports on the status
of the public involvement process including the results of an advisory vote, if
any occurs.
(11)
Nothing in this chapter limits the right of the secretary and his or her agents
to render such advice and to make such recommendations as they deem to be in
the best interests of the state and the public.
EXPLANATORY
NOTE
RCW
47.46.030 was amended by 1996 c 280 s 1, changing subsection (5)(b)(ii) and
(iii) to subsection (6)(b)(ii) and (iii).
Sec.
15. RCW
82.80.020 and 2000 c 103 s 20 are each amended to read as follows:
(1)
The legislative authority of a county, or subject to subsection (7) of this
section, a qualifying city or town located in a county that has not imposed a
fifteen-dollar fee under this section, may fix and impose an additional fee,
not to exceed fifteen dollars per vehicle, for each vehicle that is subject to
license fees under RCW ((46.16.060)) 46.16.0621 and for each
vehicle that is subject to RCW 46.16.070 with an unladen weight of six thousand
pounds or less, and that is determined by the department of licensing to be
registered within the boundaries of the county.
(2)
The department of licensing shall administer and collect the fee. The
department shall deduct a percentage amount, as provided by contract, not to
exceed two percent of the taxes collected, for administration and collection
expenses incurred by it. The remaining proceeds shall be remitted to the
custody of the state treasurer for monthly distribution under RCW 82.80.080.
(3)
The proceeds of this fee shall be used strictly for transportation purposes in
accordance with RCW 82.80.070.
(4)
A county or qualifying city or town imposing this fee or initiating an
exemption process shall delay the effective date at least six months from the
date the ordinance is enacted to allow the department of licensing to implement
administration and collection of or exemption from the fee.
(5)
The legislative authority of a county or qualifying city or town may develop
and initiate an exemption process of the fifteen dollar fee for the registered
owners of vehicles residing within the boundaries of the county or qualifying
city or town: (a) Who are sixty-one years old or older at the time payment of
the fee is due and whose household income for the previous calendar year is
less than an amount prescribed by the county or qualifying city or town
legislative authority; or (b) who have a physical disability.
(6)
The legislative authority of a county or qualifying city or town shall develop
and initiate an exemption process of the fifteen-dollar fee for vehicles
registered within the boundaries of the county that are licensed under RCW
46.16.374.
(7)
For purposes of this section, a "qualifying city or town" means a
city or town residing within a county having a population of greater than
seventy-five thousand in which is located all or part of a national monument.
A qualifying city or town may impose the fee authorized in subsection (1) of
this section subject to the following conditions and limitations:
(a)
The city or town may impose the fee only if authorized to do so by a majority
of voters voting at a general or special election on a proposition for that
purpose. At a minimum, the ballot measure shall contain: (i) A description of
the transportation project proposed for funding, properly identified by
mileposts or other designations that specify the project parameters; (ii) the
proposed number of months or years necessary to fund the city or town's share
of the project cost; and (iii) the amount of fee to be imposed for the project.
(b)
The city or town may not impose a fee that, if combined with the county fee,
exceeds fifteen dollars. If a county imposes or increases a fee under this
section that, if combined with the fee imposed by a city or town, exceeds
fifteen dollars, the city or town fee shall be reduced or eliminated as needed
so that in no city or town does the combined fee exceed fifteen dollars. All
revenues from county-imposed fees shall be distributed as called for in RCW
82.80.080.
(c)
Any fee imposed by a city or town under this section shall expire at the end of
the term of months or years provided in the ballot measure, or when the city or
town's bonded indebtedness on the project is retired, whichever is sooner.
(8)
The fee imposed under subsection (7) of this section shall apply only to
renewals and shall not apply to ownership transfer transactions.
EXPLANATORY
NOTE
RCW
46.16.060 was repealed by 2000 1st sp.s. c 1 s 2. For later enactment, see RCW
46.16.0621.
