S-405                 _______________________________________________

                                                   SENATE BILL NO. 3068

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Senators Thompson, Barr and Peterson

Read first time 1/16/85 and referred to Committee on Transportation.

AN ACT Relating to mobile homes; amending  RCW 46.44.170 and 46.44.175; and prescribing penalties.

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

        Sec. 1.  Section 2, chapter 22, Laws of 1977 ex. sess. as amended by section 1, chapter 152, Laws of 1980 and RCW 46.44.170 are each amended to read as follows:

          (1) Any person moving a mobile home as defined in RCW 46.04.302 upon  public highways of the state must obtain a special permit from the department of transportation and local authorities pursuant to RCW 46.44.090 and 46.44.093 and shall pay the proper fee as prescribed by RCW 46.44.0941 and 46.44.096.

          (2) A special permit issued as provided in subsection (1) of this section for the movement of any mobile home shall not be valid until the county treasurer of the county in which the mobile home is located shall endorse or attach thereto his certificate that all property taxes due upon the mobile home being moved have been satisfied.  Further, any mobile home required to have a special movement permit under this section shall display an easily recognizable decal:  PROVIDED, That endorsement or certification by the county treasurer and the display of said decal is not required when a mobile home is to enter the state or is being moved from a manufacturer or distributor to a retail sales outlet or directly to the purchaser's designated location or between retail and sales outlets.  It shall be the responsibility of the owner of the mobile home or his agent to obtain such endorsement from the county treasurer and said decal.

          (3) Nothing herein should be construed as prohibiting the issuance of vehicle license plates for a mobile home, but no such plates shall be issued unless the mobile home for which such plates are sought has been listed for property tax purposes in the county in which it is principally located and the appropriate fee for such license has been paid.

          (4) The department of transportation and local authorities are authorized to adopt reasonable rules for implementing the provisions of this section.  The department of transportation shall adopt rules specifying the design, annual coloration, and for the uniform implementation of the decal required by this act.

        Sec. 2.  Section 4, chapter 22, Laws of 1977 ex. sess. as amended by section 78, chapter 136, Laws of 1979 ex. sess.  and RCW 46.44.175 are each amended to read as follows:

          Failure of any person or agent acting for a person who causes to be moved or moves a mobile home as defined in RCW 46.04.302 upon public highways of this state and failure to comply with any of the provisions of RCW 46.44.170 and 46.44.173 is a traffic infraction for which a penalty of not less than ((fifty)) one hundred dollars or more than ((one)) five hundred dollars shall be assessed.  In addition to the above penalty, the department of transportation or local authority may withhold issuance of a special permit or suspend a continuous special permit as provided by RCW 46.44.090 and 46.44.093 for a period of not less than thirty days.

A penalty of five hundred dollars shall be assessed for failure to acquire and display the decal specified in section 1 of this 1985 act, and a penalty of twenty-five hundred dollars shall be assessed against any person displaying an invalid decal.  Such penalties, after subtraction of any court costs, shall be credited to the general fund of the public body which apprehends the violator.

          Any person or agent who is denied a special permit or whose special permit is suspended may upon request receive a hearing before the department of transportation or the local authority having jurisdiction.  The department or the local authority after such hearing may revise its previous action.