H-1768.1

SUBSTITUTE HOUSE BILL 1436

ByHouse Transportation (originally sponsored by Representatives Mosbrucker, Wylie, Orcutt, Pettigrew, Goodman, Irwin, and Griffey)

AN ACT Relating to snow bikes; amending RCW 82.80.140; reenacting and amending RCW 46.10.300; adding a new section to chapter 46.16A RCW; adding a new section to chapter 46.10 RCW; adding a new section to chapter 46.61 RCW; adding a new section to chapter 46.04 RCW; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1. A new section is added to chapter 46.16A RCW to read as follows:

(1) It is the intent of the legislature to create a single vehicle license that allows for the operation of a motorcycle as either a motorcycle or as a snow bike.

(2) The department shall allow the owner of a motorcycle to register the vehicle, or to renew the vehicle registration, for use both as a motorcycle and as a snow bike. The terms of the registration are those under this chapter that apply to motorcycles and under chapter 46.10 RCW that apply to snowmobiles, except that the registration period must be the same as that for snowmobiles. Registration fees are equal to, and must be distributed in the same manner as, those for snowmobiles under RCW 46.17.350(1)(l).

(3) The department shall establish a declaration subject to the requirements of RCW 9A.72.085, which must be submitted by the motorcycle owner when initially applying for a snowmobile registration under chapter 46.10 RCW for the use of the converted motorcycle as a snow bike. The declaration must include a statement signed by the owner that a motorcycle that had been previously converted to a snow bike must conform with all applicable federal motor vehicle safety standards and state standards while in use as a motorcycle upon public roads, streets, or highways. Once submitted by the motorcycle owner, the declaration is valid until the vehicle is sold or the title is otherwise transferred.

(4) The department may adopt rules to implement this section.

NEW SECTION.  Sec. 2. A new section is added to chapter 46.10 RCW to read as follows:

The owner of a motorcycle may apply for a snowmobile registration as provided in section 1 of this act and under the terms of this chapter to use the motorcycle, when properly converted, as a snow bike for the purposes of this chapter.

NEW SECTION.  Sec. 3. A new section is added to chapter 46.61 RCW to read as follows:

A person may operate a motorcycle, that previously had been converted to a snow bike, upon a public road, street, or highway of this state if:

(1) The person files a motorcycle highway use declaration, as provided under section 1 of this act, with the department certifying conformance with all applicable federal motor vehicle safety standards and state standards while in use as a motorcycle upon public roads, streets, or highways;

(2) The person obtains a valid driver's license and motorcycle endorsement issued to Washington residents in compliance with chapter 46.20 RCW for a motorcycle; and

(3) The motorcycle conforms to all applicable federal motor vehicle safety standards and state standards.

NEW SECTION.  Sec. 4. A new section is added to chapter 46.04 RCW to read as follows:

"Snow bike" means a motorcycle or off-road motorcycle that has been modified with a conversion kit to include (1) an endless belt tread or cleats or similar means for the purposes of propulsion on snow and (2) a ski or sled type runner for the purposes of steering.

Sec. 5. RCW 46.10.300 and 2010 c 161 s 225 are each reenacted and amended to read as follows:

The following definitions apply throughout this chapter unless the context clearly requires otherwise.

(1) "All terrain vehicle" means any self-propelled vehicle other than a snowmobile, capable of cross-country travel on or immediately over land, water, snow, ice, marsh, swampland, and other natural terrain, including, but not limited to, four-wheel vehicles, amphibious vehicles, ground effect or air cushion vehicles, and any other means of land transportation deriving motive power from any source other than muscle or wind; except any vehicle designed primarily for travel on, over, or in the water, farm vehicles, or any military or law enforcement vehicles.

(2) "Commission" means the Washington state parks and recreation commission.

(3) "Committee" means the Washington state parks and recreation commission snowmobile advisory committee.

(4) "Dealer" means a person, partnership, association, or corporation engaged in the business of selling snowmobiles or all terrain vehicles at wholesale or retail in this state.

(5) "Highway" means the entire width of the right-of-way of a primary and secondary state highway, including any portion of the interstate highway system.

(6) "Hunt" means any effort to kill, injure, capture, or disturb a wild animal or wild bird.

(7) "Public roadway" means the entire width of the right-of-way of any road or street designed and ordinarily used for travel or parking of motor vehicles, which is controlled by a public authority other than the Washington state department of transportation, and which is open as a matter of right to the general public for ordinary vehicular traffic.

Sec. 6. RCW 82.80.140 and 2015 3rd sp.s. c 44 s 310 are each amended to read as follows:

(1) Subject to the provisions of RCW 36.73.065, a transportation benefit district under chapter 36.73 RCW may fix and impose an annual vehicle fee, not to exceed one hundred dollars per vehicle registered in the district, for each vehicle subject to vehicle license fees under RCW 46.17.350(1) (a), (c), (d), (e), (g), (h), (j), or (n) through (q) ((and)), for each vehicle subject to gross weight license fees under RCW 46.17.355 with a scale weight of six thousand pounds or less, and for each on-road motorcycle that registers under section 1 of this act as both a motorcycle and a snow bike.

(2)(a) A district that includes all the territory within the boundaries of the jurisdiction, or jurisdictions, establishing the district may impose by a majority vote of the governing board of the district up to: (i) Twenty dollars of the vehicle fee authorized in subsection (1) of this section, (ii) forty dollars of the vehicle fee authorized in subsection (1) of this section if a twenty dollar vehicle fee has been imposed for at least twenty-four months, or (iii) fifty dollars of the vehicle fee authorized in subsection (1) of this section if a vehicle fee of forty dollars has been imposed for at least twenty-four months and a district has met the requirements of RCW 36.73.065(6).

If the district is countywide, the revenues of the fee must be distributed to each city within the district by interlocal agreement. The interlocal agreement is effective when approved by the district and sixty percent of the cities representing seventy-five percent of the population of the cities within the district in which the countywide fee is collected.

(b) A district may not impose a fee under this subsection (2):

(i) For a passenger-only ferry transportation improvement unless the vehicle fee is first approved by a majority of the voters within the jurisdiction of the district; or

(ii) That, if combined with the fees previously imposed by another district within its boundaries under RCW 36.73.065(4)(a)(i), exceeds fifty dollars.

If a district imposes or increases a fee under this subsection (2) that, if combined with the fees previously imposed by another district within its boundaries, exceeds fifty dollars, the district shall provide a credit for the previously imposed fees so that the combined vehicle fee does not exceed fifty dollars.

(3) The department of licensing shall administer and collect the fee. The department shall deduct a percentage amount, as provided by contract, not to exceed one percent of the fees collected, for administration and collection expenses incurred by it. The department shall remit remaining proceeds to the custody of the state treasurer. The state treasurer shall distribute the proceeds to the district on a monthly basis.

(4) No fee under this section may be collected until six months after approval under RCW 36.73.065.

(5) The vehicle fee under this section applies only when renewing a vehicle registration, and is effective upon the registration renewal date as provided by the department of licensing.

(6) The following vehicles are exempt from the fee under this section:

(a) Campers, as defined in RCW 46.04.085;

(b) Farm tractors or farm vehicles, as defined in RCW 46.04.180 and 46.04.181;

(c) Mopeds, as defined in RCW 46.04.304;

(d) Off-road and nonhighway vehicles, as defined in RCW 46.04.365;

(e) Private use single-axle trailer, as defined in RCW 46.04.422;

(f) Snowmobiles, as defined in RCW 46.04.546; and

(g) Vehicles registered under chapter 46.87 RCW and the international registration plan.

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