SHB 1242 -
By Committee on Transportation
ADOPTED 04/11/2013
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 46.01.140 and 2012 c 261 s 10 are each amended to
read as follows:
(1) County auditor/agent duties. A county auditor or other agent
appointed by the director must:
(a) Enter into a standard contract provided by the director;
(b) Provide all services authorized by the director for vehicle
certificates of title and vehicle registration applications and
issuance under the direction and supervision of the director including,
but not limited to:
(i) Processing reports of sale;
(ii) Processing transitional ownership transactions;
(iii) Processing mail-in vehicle registration renewals until
directed otherwise by legislative authority;
(iv) Issuing registrations and temporary ORV use permits for
off-road vehicles as required under chapter 46.09 RCW;
(v) Issuing registrations for snowmobiles as required under chapter
46.10 RCW; and
(vi) Collecting fees and taxes as required;
(c) If authorized by the director, offer for sale discover passes
as provided in chapter 79A.80 RCW.
(2) County auditor/agent assistants and subagents. A county
auditor or other agent appointed by the director may, with approval of
the director:
(a) Appoint assistants as special deputies to accept applications
for vehicle certificates of title and to issue vehicle registrations;
and
(b) Recommend and request that the director appoint subagencies
within the county to accept applications for vehicle certificates of
title and vehicle registration application issuance.
(3) Appointing subagents. A county auditor or other agent
appointed by the director who requests a subagency must, with approval
of the director:
(a) 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; and
(b) Submit all proposals to the director with a recommendation for
appointment of one or more subagents who have applied through the open
competitive process. If a qualified successor who is an existing
subagent's sibling, spouse, or child, or a subagency employee has
applied, the county auditor must provide the name of the qualified
successor and the name of one other applicant who is qualified and was
chosen through the open competitive process.
(4) Subagent duties. A subagent appointed by the director must:
(a) Enter into a standard contract with the county auditor or agent
provided by the director;
(b) Provide all services authorized by the director for vehicle
certificates of title and vehicle registration applications and
issuance under the direction and supervision of the county auditor or
agent and the director including, but not limited to:
(i) Processing reports of sale;
(ii) Processing transitional ownership transactions;
(iii) Mailing out vehicle registrations and replacement plates to
internet payment option customers until directed otherwise by
legislative authority;
(iv) Issuing registrations and temporary ORV use permits for
off-road vehicles as required under chapter 46.09 RCW;
(v) Issuing registrations for snowmobiles as required under chapter
46.10 RCW; and
(vi) Collecting fees and taxes as required; and
(c) If authorized by the director, offer for sale discover passes
as provided in chapter 79A.80 RCW.
(5) Subagent successorship. A subagent appointed by the director
who no longer wants his or her appointment may recommend a successor
who is the subagent's sibling, spouse, or child, or a subagency
employee. The recommended successor must participate in the open
competitive process used to select an applicant. In making successor
recommendations and appointment determinations, the following
provisions apply:
(a) 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;
(b) A subagent may not 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; ((and))
(c) The appointment of a successor is intended to assist in the
efficient transfer of appointments to minimize public inconvenience.
The appointment of a successor does not create a proprietary or
property interest in the appointment;
(d) A subagent appointee who is planning to retire within twelve
months may recommend a successor without resigning his or her
appointment by submitting a letter of intent to retire with a successor
recommendation to the county auditor or other agent appointed by the
director. The county auditor or other agent appointed by the director
shall, within sixty days, respond in writing to the subagent appointee
indicating if the recommended successor would be considered in the open
competitive process. If there are negative factors or deficiencies
pertaining to the subagency operation or the recommended successor, the
county auditor or other agent appointed by the director must state
these factors in writing to the subagent appointee. The subagent
appointee may withdraw the letter of intent to retire any time prior to
the start of the open competitive process by writing to the county
auditor or other agent appointed by the director and filing a copy with
the director;
(e) A subagent appointee may name a recommended successor at any
time during his or her appointment by notifying the county auditor or
other agent appointed by the director in writing and filing a copy with
the director. The purpose of this recommendation is for the county
auditor or other agent appointed by the director to know the wishes of
the subagent appointee in the event of the death or incapacitation of
a sole subagent appointee or last remaining subagent appointee that
could lead to the inability of the subagent to continue to fulfill the
obligations of the appointment; and
(f) If the county auditor or other agent appointed by the director
does not select the recommended successor for appointment as a result
of the open competitive process, the county auditor or other agent
appointed by the director must contact the subagent appointee by letter
and explain the decision. The subagent appointee must be provided an
opportunity to respond in writing. Any response by the subagent
appointee must be included in the open competitive process materials
submitted to the department.
(6) Standard contracts. The standard contracts provided by the
director in this section may include provisions that the director deems
necessary to ensure that readily accessible and acceptable service is
provided to the citizens of the state, including the full collection of
fees and taxes. The standard contracts must include provisions that:
(a) Describe responsibilities and liabilities of each party related
to service expectations and levels;
(b) Describe the equipment to be supplied by the department and
equipment maintenance;
(c) Require specific types of insurance or bonds, or both, to
protect the state against any loss of collected revenue or loss of
equipment;
(d) Specify the amount of training that will be provided by each of
the parties;
(e) Describe allowable costs that may be charged for vehicle
registration activities as described in subsection (7) of this section;
and
(f) Describe causes and procedures for termination of the contract,
which may include mediation and binding arbitration.
(7) County auditor/agent cost reimbursement. A county auditor or
other agent appointed by the director who does not cover expenses for
services provided by the standard contract 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 must develop
procedures to standardize and identify allowable costs and to verify
whether a request is reasonable. Payment must be made on those
requests found to be allowable from the licensing services account.
(8) County auditor/agent revenue disbursement. County revenues
that exceed the cost of providing services described in the standard
contract, calculated in accordance with the procedures in subsection
(7) of this section, must be expended as determined by the county
legislative authority during the process established by law for
adoption of county budgets.
(9) Appointment authority. The director has final appointment
authority for county auditors or other agents or subagents.
(10) Rules. The director may adopt rules to implement this
section."
SHB 1242 -
By Committee on Transportation
ADOPTED 04/11/2013
On page 1, line 1 of the title, after "subagents;" strike the remainder of the title and insert "and amending RCW 46.01.140."
EFFECT: Clarifies that the provisions related to a county auditor also apply to other agents appointed by the director of licensing.