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WSIADA
Legislative Report
2007
Session
Written by TK Bentler & Theresa Gamble
ATTENTION
WSIADA MEMBERS: AS A MEMBER YOU SHOULD BE RECEIVING THIS REPORT
VIA FAX IMMEDIATELY AFTER THE LEGISLATURE ADJOURNS. IF YOU ARE
A WSIADA MEMBER AND DID NOT RECEIVE THIS REPORT VIA FAX, CALL
THE ASSOCIATION OFFICE TO BE SURE WE HAVE YOUR CORRECT INFORMATION.
E3SHB
1001
Declares an intent
to deter motor vehicle theft
through a statewide cooperative
effort by combating motor vehicle
theft through tough laws, supporting
law enforcement activities,
improving enforcement and administration,
effective prosecution, public
awareness, and meaningful treatment
for first time offenders where
appropriate. It is also the
intent of the legislature to
ensure that adequate funding
is provided to implement this
act in order for real, observable
reductions in the number of
auto thefts in Washington State.
Creates stiffer penalties for
auto theft and creates the
Washington Auto Theft Prevention
Authority. The bill increases
traffic infractions by $10
in order to pay for the additional
enforcement and WATPA. WATPA
includes members from the law
enforcement community, insurance
industry, general public and
a representative from the automobile
industry.
WSIADA Position: Support.
Status: Governor Signed.
HB 1270
Modifying provisions of
the consumer loan act with respect
to loan restrictions. The limitation
on the number of years the repayment
period for all loans can extend,
except open-end loans and loans
secured by a lien or real estate,
is removed. A licensee may make
a loan with a repayment period
greater than six years and 15 days
after the loan origination date
for all types of loans under the
Consumer Loan Act.
WSIADA Position: Monitored.
Status: Governor
Signed.
ESHB 1094
Makes transportation appropriations
for 2007-2009.
The Department of Licensing shall
develop a proposal to streamline
title and registration statutes
to specifically address apparent
conflicts, fee distribution, and
other recommendations by the department
that are revenue neutral and don’t
change legislative policy.
WSIADA Position: Monitored.
Status: Passed
the Legislature and delivered
to the Governor for signature.
E2SHB 1303
Provides that, to reduce
fossil fuel dependence and build
our clean energy economy, the state
should develop policies and incentives
that help businesses, consumers,
and farmers gain greater access
to affordable clean fuels and vehicles
and to produce clean fuels in the
state. These policies and incentives
should include: (1) Incentives
for replacement of the most polluting
diesel engines, especially in school
buses; (2) Transitional incentives
for development of the most promising
in-state clean fuels and fuel feedstocks,
including biodiesel crops and ethanol
from plant waste; (3) Reduced fossil
fuel consumption by state fleets;
(4) Development of promising new
technologies for displacing petroleum
with electricity, such as "plug-in
hybrids"; and (5) Impact analysis
and emission accounting procedures
that prepare Washington to respond
and prosper as global warming impacts
occur and as policies and markets
to reduce global warming pollution
are developed.
WSIADA Position: Monitored.
Status: Passed
the Legislature and delivered
to the Governor for signature.
HB 1343
Increases the physical
examination inspection fee from
$50.00 to $65.00. In addition it
eliminates the requirement of a
physical examination for those
vehicles that are declared a total
loss by an insurance company and
retained by the registered owner.
WSIADA Position: Monitored.
Status: Governor
signed, takes effect July 22,
2007.
HB 1820
Encourages reducing air pollution through the licensing and use
of medium-speed electric vehicles.
WSIADA Position: Monitored.
Status: Legislature
passed and delivered to the Governor
for signature.
ESHB 1858
IIf a Transportation Benefit
District includes all the territory
within the boundaries of the establishing
jurisdictions, then the TBD may
impose, by a majority vote of the
governing body and WITHOUT VOTER
APPROVAL, the transportation impact
fees or up to $20 of the local
option vehicle fee. However, a
TBD comprised of a city or cities
may not impose these fees or charges
within 180 days after the effective
date of this act, unless the county
in which the city or cities reside
declares it will not impose the
fees or charges itself. Additionally,
language is included prohibiting
the non-voter approved local option
vehicle fee from exceeding $20
in any given TBD area.
WSIADA Position: Monitored.
Status: Legislature
passed and delivered to the Governor
for signature.
HB 2034
A victim of one of the car theft statutes may civilly sue the
perpetrator. Recovery of actual damages is limited to the value
of any damage to the vehicle and any property stolen from the
vehicle; the costs of the suit, including reasonable attorneys'
fees; and civil damages of up to $5,000.
WSIADA Position: Monitored.
Status: Legislature
passed and delivered to the Governor
for signature.
HB 2135
The Lemon Law applies to
vehicles purchased or leased in
Washington regardless of what state
the vehicle is initially registered
in. Out-of-state purchasers are
not required to pay the $3 lemon
law arbitration fee.
WSIADA Position: Monitored.
Status: Legislature
passed and delivered to the Governor
for signature.
SHB
2158
Sellers of motor vehicles,
trailers, or campers are not required
to collect retail sales tax from
nonresidents. Sellers cannot be
found liable for the retail sales
tax, if the seller retains copies
of the following: (1) a currently
valid out-of-state driver's license;
(2) a copy of a rental agreement,
a property tax statement from the
previous year, a utility bill that
is dated within the last two months,
a state income tax return from
the previous year, a voter registration
card, a current credit report,
or any other document determined
by the Director of the Department
of Revenue to be acceptable; (3)
witnessed declaration; and (4)
a certification from the seller
that either a vehicle trip permit
was issued or the vehicle was immediately
registered and licensed in another
state. Sellers who fail to retain
these documents are personally
liable for the amount of tax due.
WSIADA Position: Monitored.
Status: Governor
signed and it will become
effective 7/22/2007.
WSIADA MEMBERS WILL BE
NOTIFIED VIA FAX IF AND
WHEN THE DEPARTMENT OF
REVENUE CHANGES ANY OF
THE FORMS YOU CURRENTLY
USE AT THE TIME YOU SELL
AN AUTOMOBILE TO AN OUT
OF STATE RESIDENT.
SHB
2275
Requires the department
to provide an opportunity for owners
of vehicles registered under RCW
46.16.070 with a declared gross
weight of ten thousand pounds or
less to make a voluntary donation
of five dollars at the time of
initial or renewal registration.
The donation must be deposited
in the state parks renewal and
stewardship account established
in RCW 79A.05.215 to be used for
the operation and maintenance of
state parks. Applies to registrations
due or become due on or after January
1, 2008.
WSIADA Position: Monitored.
Status: Governor
signed with a partial veto.
SSB 5050
Modifying the mileage tolling
calculation in the motor vehicle
lemon law. When the consumer is
the original owner and the vehicle
is a lemon because the manufacturer
has failed to repair its defect,
the mileage used for the offset
is limited to the number of miles
the consumer drove the vehicle
between the original date of purchase
and the date of the first attempt
to repair the defect. Also contains
other clarifications.
WSIADA Position: Monitored.
Status: Legislature
passed and delivered to the Governor
for signature.
SSB 5089
Conforms Washington's tax
structure to the streamlined sales
and use tax agreement.
WSIADA Position: Monitored.
Status: Governor
signed and it will become effective
7/01/2007.
SB 5134
Special driver’s
license endorsements are required
to lawfully operate certain motor
vehicles, including commercial
vehicles and motorcycles. The list
of circumstances under which a
police officer may take custody
of a motor vehicle and have it
impounded is expanded and authorizes
police officers to impound vehicles
operated by drivers without specially
endorsed licenses when required.
WSIADA Position: Monitored.
Status: Governor
signed and it will become effective
7/22/2007.
SSB 5250
Brief Description: Requires
that, by January 1, 2008, the department
shall create a document that allows
the seller of a vehicle to release
his or her interest in a vehicle
at the same time a bank, as defined
in RCW 30.04.010, notifies the
department that a lien against
a vehicle has been released. The
department shall incorporate both
the seller's release of interest
and the bank's notice of lien release
into this document. The document
must require the seller to acknowledge
that the lien release has been
accompanied by a subsequent sale
of the vehicle to a third party
and must include the seller's name,
address, driver's license number,
and signature as well as the transferee's
name, address, driver's license
number, and signature. Provides
that properly submitting this document
transfers a vehicle's title, provided
that the seller's release of interest
becomes valid when the transferee
applies for a certificate of ownership.
Does not affect the validity or
legal effect of a seller's report
of sale.
WSIADA Position: Support.
Status: Governor
signed and it will become effective
7/22/2007.
SB 5273
The $5 special endorsement
fee is directed to the Motorcycle
Safety Education Account. The information
on motorcycle awareness required
to be provided in driver training
courses must be approved by the
Department of Licensing Director,
rather than the Motorcycle Safety
Foundation. The requirement that
the DOL motorcycle safety education
class encourage the use of radio
or intercom-equipped helmets is
removed. The maximum fee that may
be charged to persons taking the
motorcycle safety education class
is increased to $125.
WSIADA Position: Monitored
Status: Governor
signed and it will become effective
7/22/2007.
SSB 5336
Protecting individuals
in domestic partnerships by granting
certain rights and benefits. A
certificate of domestic partnership
issued by the OSOS fulfills eligibility
requirements for the partner of
the public employee to receive
benefits.
WSIADA Position: Monitored
Status: Governor
signed and it will become effective
7/22/2007.
SSB 5443
Employers are prohibited
from engaging in claim suppression. "Claim
suppression" is defined as
intentionally inducing employees
to fail to report injuries; inducing
employees to treat injuries in
the course of employment as off-the-job
injuries; or otherwise acting to
suppress legitimate workers' compensation
insurance claims.
WSIADA Position: Monitored
Status: Governor
signed and it will become effective
7/22/2007.
E2SSB 5659
Establishing family and medical
leave insurance. Provides for but narrows
paid family leave with initial “borrowed” funding
from the Supplemental Pension Fund.
Creates a task force to study the following:
- Future financing for benefits and administrative
costs
- Program implementation and administration
- Government efficiencies that improve program administration
and reduce program costs
- Program impacts, if any, the unemployment compensation
system, and options for mitigating such impacts.
Requires the task force to report its findings and recommendations,
including proposed legislation, to the Legislature by January
1, 2008. (This recommendation will include an implementation
date likely to be sometime in the late fall of 2009.)
WSIADA
Position: Monitoring
Status: Bill passed
Legislature and delivered to the
Governor for signature.
ESSB 5726
Insurers may not unreasonably
deny insurance coverage of payment
of benefits.
First party claimants to an insurance
policy may sue insurers for unreasonable
denials of
coverage or payments of benefits.
WSIADA Position: Monitoring
Status: Bill
passed Legislature and delivered
to the Governor for signature.
SSB 5826
Revises consumer credit report
provisions. Any consumer who is a resident
of Washington may place a security
freeze on his or her credit report.
WSIADA Position: Monitoring
Status: Bill passed
Legislature and delivered to the
Governor for signature.
ESSB 5915
When an employer registers
to pay unemployment taxes, the ESD
is required to send to the employer
any printed material the department
requires the employer to post. When
an employer registers to pay industrial
insurance taxes, L&I is required
to send to the employer any printed
material the department requires the
employer to post. Both L&I and
ESD are required to send a copy to
each employer anytime the printed material
has substantive changes in the information.
WSIADA Position: Monitoring
Status: Bill passed
Legislature and delivered to the
Governor for signature.
E2SSB 5930
Implements the recommendations
of the Blue Ribbon Commission on Health
Care Cost and Access, included vital
reforms to the small group market that
would have allowed lower cost and more
flexible health plans for small businesses
when it unanimously passed the Senate.
Unfortunately, the House Health Care & Wellness
Committee stripped those reforms from
the bill when they moved it out of
committee.
NWFPA Position: Opposed House & Final
Version
Status: Bill passed
Legislature and delivered to the
Governor for signature.
ESSB 6001
Mitigating the impacts of
climate change. Finds that: (1) Washington
is especially vulnerable to climate
change because of the state's dependence
on snow pack for summer stream flows
and because the expected rise in sea
levels threatens our coastal communities;
(2) Washington's greenhouse gas emissions
are continuing to increase; (3) Washington
has been a leader in actions to reduce
the increase of emissions, including
the adoption of clean car standards,
stronger appliance energy efficiency
standards, increased production and
use of renewable liquid fuels, and
increased renewable energy sources
by electrical utilities; (4) Washington
has participated with other Western
states in designing regional approaches
to reduce greenhouse gas emissions;
(5) There is a need to assess the trend
of emissions statewide over the next
several decades, and to take sufficient
actions so that Washington meets its
responsibility to contribute to the
global actions needed to reduce the
impacts and the pace of global warming;
(6) Actions to reduce greenhouse gas
emissions will spur technology development
and increase efficiency; and (7) Numerous
states and nations have adopted emission
reduction goals to assist emission
sources with planning for changes in
practices and technologies. Recognizes
that companies that generate greenhouse
gas emissions or manufacture products
that generate such emissions are purchasing
carbon credits from landowners and
from other companies in order to provide
carbon credits. Intends to establish
goals for the statewide reduction in
greenhouse gas emissions and reduction
in petroleum use, and to adopt the
governor's mechanism in Executive Order
No. 07-02 to design and recommend a
comprehensive set of measures to accomplish
the goals. Declares that immediate
actions be authorized in the electric
power generation sector for the reduction
of greenhouse gas emissions and to
accelerate efficiency in the transportation
sector.
WSIADA Position: Monitoring
Status: Governor
signed.
SB 6129
Provides additional funding
for the state patrol highway account.
The fee for a temporary permit issued
by automobile dealers is raised to
$15 from $5.00 and the documentary
service fee is raised to $50 per vehicle
sale or lease from $35.00.
WSIADA Position: Monitored
Status: Legislature
passed, Governor signed and it will
become effective 8/01/2007.
BILLS THAT DIED:
SHB 1046
Requires that, when the department
sends a vehicle license renewal notice,
it shall also provide notice of the
requirement for proof of meeting the
financial responsibility requirements
in order to renew the license. Provides
that the department shall not renew
a vehicle license due for renewal January
1, 2008, or after unless the applicant
provides proof of meeting the financial
responsibility requirements for operating
a motor vehicle as provided in RCW
46.30.020. Provides that every applicant
for renewal of a vehicle license due
for renewal January 1, 2008, or after
shall provide current proof of financial
responsibility to operate a vehicle
as required in RCW 46.30.020. The department
may adopt rules regarding valid proof
of financial responsibility for persons
renewing a vehicle license. The department
shall reimburse its agents, including
county auditors, for the mailing costs
of returning license renewal applications
that are submitted without proof of
financial responsibility. Declares
that any person who knowingly provides
false evidence of financial responsibility
to a law enforcement officer, to a
court, or to the department of licensing
on an application for renewal of a
vehicle license, including an expired
or canceled insurance policy, bond,
or certificate of deposit is guilty
of a misdemeanor.
WSIADA Position: Neutral
Status: DIED.
HB 1112
Provides
that an automotive repair
facility may not use
nonoriginal equipment
manufacturer crash parts
in the repair of a motor
vehicle for a period
of five years running
from the production month
and year the motor vehicle
was manufactured or while
the vehicle is under
manufacturer's warranty
unless the customer or
customer's designee consents
in writing at the time
of the repair.
WSIADA Position: Monitored
Status: DIED.
HB 1113
Declares that an insuring entity
may not have any ownership interest
in an automotive repair facility. An
insuring entity that has an ownership
interest in an automotive repair facility
shall fully divest itself of ownership
interest by July 1, 2008.
WSIADA Position: Support
Status: DIED.
HB 1769
Providing retailers with an
allowance for collecting sales and
use tax.
WSIADA Position: Support
Status: DIED.
HB 1924
Amends RCW 46.55.140 relating
to deficiency claim limits for impoundment
services provided by registered tow
truck operators.
WSIADA Position: Concerns/Opposed
Status: DIED.
HB 2048
Provides that if the purchaser
or transferee is a dealer he or she
shall, on selling, leasing, or otherwise
disposing of the vehicle, promptly
execute the assignment and warranty
of title, in such form as the director
shall prescribe, unless the dealer
has rejected a contract subject to
future acceptance under RCW 46.70.180(4).
If the dealer has rejected a contract
subject to future acceptance under
RCW 46.70.180(4), the dealer is not
required to execute an assignment and
warranty of title.
WSIADA Position: Support
Status: DIED.
SB 5797
WSIADA originally opposed ESSB
5797, prime sponsored by Senator Clements
(R-Yakima). The bill would have required
at the time of purchasing a motorcycle
that the dealer or DOL would have to
verify that a purchaser had a motorcycle
endorsement. This would have set a
bad precedent for auto dealers. ESSB
5797 now requires DOL to verify at
the time of renewal, that all registered
owners of motorcycles have an endorsement
or permit effective on or after March
1, 2008. A $10 surcharge is added to
all original and renewed motorcycle
endorsements between March 1, 2008
and March 1, 2010.
WSIADA Position: Opposed
Status: DIED.
SB 5840
Providing temporary permits
for salvage vehicles awaiting inspection.
WSIADA Position: Monitored
Status: DIED.
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