BILL REQ. #:  H-5064.1 

READ FIRST TIME 02/09/10.   

     AN ACT Relating to vehicle license fraud; amending RCW 46.16.010 and 46.68.250; and providing an effective date.

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

Sec. 1   RCW 46.16.010 and 2007 c 242 s 2 are each amended to read as follows:
     (1) It is unlawful for a person to operate any vehicle over and along a public highway of this state without first having obtained and having in full force and effect a current and proper vehicle license and display vehicle license number plates therefor as by this chapter provided.
     (2) Failure to make initial registration before operation on the highways of this state is a traffic infraction, and any person committing this infraction ((shall)) must pay a penalty of five hundred twenty-nine dollars, no part of which may be suspended or deferred.
     (3) Failure to renew an expired registration before operation on the highways of this state is a traffic infraction.
     (4) The licensing of a vehicle in another state by a resident of this state, as defined in RCW 46.16.028, evading the payment of any tax or license fee imposed in connection with registration, is a gross misdemeanor punishable as follows:
     (a) For a first offense, up to one year in the county jail and payment of a fine of five hundred twenty-nine dollars plus twice the amount of delinquent taxes and fees, no part of which may be suspended or deferred;
     (b) For a second or subsequent offense, up to one year in the county jail and payment of a fine of five hundred twenty-nine dollars plus four times the amount of delinquent taxes and fees, no part of which may be suspended or deferred;
     (c) For fines levied under (a) or (b) of this subsection, an amount equal to the ((avoided)) delinquent taxes and fees owed will be deposited in the vehicle licensing fraud account created in the state treasury under RCW 46.68.250;
     (d) The avoided taxes and fees shall be deposited and distributed in the same manner as if the taxes and fees were properly paid in a timely fashion.
     (5) These provisions ((shall)) do not apply to the following vehicles:
     (a) Motorized foot scooters;
     (b) Electric-assisted bicycles;
     (c) Off-road vehicles operating on nonhighway roads under RCW 46.09.115;
     (d) Farm vehicles if operated within a radius of fifteen miles of the farm where principally used or garaged, farm tractors and farm implements including trailers designed as cook or bunk houses used exclusively for animal herding temporarily operating or drawn upon the public highways, and trailers used exclusively to transport farm implements from one farm to another during the daylight hours or at night when such equipment has lights that comply with the law;
     (e) Spray or fertilizer applicator rigs designed and used exclusively for spraying or fertilization in the conduct of agricultural operations and not primarily for the purpose of transportation, and nurse rigs or equipment auxiliary to the use of and designed or modified for the fueling, repairing, or loading of spray and fertilizer applicator rigs and not used, designed, or modified primarily for the purpose of transportation;
     (f) Fork lifts operated during daylight hours on public highways adjacent to and within five hundred feet of the warehouses which they serve((: PROVIDED FURTHER, That)). However, these provisions ((shall)) do not apply to vehicles used by the state parks and recreation commission exclusively for park maintenance and operations upon public highways within state parks;
     (g) "Trams" used for transporting persons to and from facilities related to the horse racing industry as regulated in chapter 67.16 RCW, as long as the public right-of-way routes over which the trams operate are not more than one mile from end to end, the public rights-of-way over which the tram operates have an average daily traffic of not more than 15,000 vehicles per day, and the activity is in conformity with federal law. The operator must be a licensed driver and at least eighteen years old. For the purposes of this section, "tram" also means a vehicle, or combination of vehicles linked together with a single mode of propulsion, used to transport persons from one location to another;
     (h) "Special highway construction equipment" defined as follows: Any vehicle which is designed and used primarily for grading of highways, paving of highways, earth moving, and other construction work on highways and which is not designed or used primarily for the transportation of persons or property on a public highway and which is only incidentally operated or moved over the highway. It includes, but is not limited to, road construction and maintenance machinery so designed and used such as portable air compressors, air drills, asphalt spreaders, bituminous mixers, bucket loaders, track laying tractors, ditchers, leveling graders, finishing machines, motor graders, paving mixers, road rollers, scarifiers, earth moving scrapers and carryalls, lighting plants, welders, pumps, power shovels and draglines, self-propelled and tractor-drawn earth moving equipment and machinery, including dump trucks and tractor-dump trailer combinations which either (i) are in excess of the legal width, or (ii) which, because of their length, height, or unladen weight, may not be moved on a public highway without the permit specified in RCW 46.44.090 and which are not operated laden except within the boundaries of the project limits as defined by the contract, and other similar types of construction equipment, or (iii) which are driven or moved upon a public highway only for the purpose of crossing such highway from one property to another, provided such movement does not exceed five hundred feet and the vehicle is equipped with wheels or pads which will not damage the roadway surface.
     Exclusions:
     "Special highway construction equipment" does not include any of the following:
     Dump trucks originally designed to comply with the legal size and weight provisions of this code notwithstanding any subsequent modification which would require a permit, as specified in RCW 46.44.090, to operate such vehicles on a public highway, including trailers, truck-mounted transit mixers, cranes and shovels, or other vehicles designed for the transportation of persons or property to which machinery has been attached.
     (6) The following vehicles, whether operated solo or in combination, are exempt from license registration and displaying license plates as required by this chapter:
     (a) A converter gear used to convert a semitrailer into a trailer or a two-axle truck or tractor into a three or more axle truck or tractor or used in any other manner to increase the number of axles of a vehicle. Converter gear includes an auxiliary axle, booster axle, dolly, and jeep axle.
     (b) A tow dolly that is used for towing a motor vehicle behind another motor vehicle. The front or rear wheels of the towed vehicle are secured to and rest on the tow dolly that is attached to the towing vehicle by a tow bar.
     (c) An off-road vehicle operated on a street, road, or highway as authorized under RCW 46.09.180.
     (7)(a) A motor vehicle subject to initial or renewal registration under this section shall not be registered to a natural person unless the person at time of application:
     (i) Presents an unexpired Washington state driver's license; or
     (ii) Certifies that he or she is:
     (A) A Washington resident who does not operate a motor vehicle on public roads; or
     (B) Exempt from the requirement to obtain a Washington state driver's license under RCW 46.20.025.
     (b) For shared or joint ownership, the department will set up procedures to verify that all owners meet the requirements of this subsection.
     (c) A person falsifying residency is guilty of a gross misdemeanor punishable only by a fine of five hundred twenty-nine dollars.
     (d) The department may adopt rules necessary to implement this subsection, including rules under which a natural person applying for registration may be exempt from the requirements of this subsection where the person provides evidence satisfactory to the department that he or she has a valid and compelling reason for not being able to meet the requirements of this subsection.
     (8) A vehicle with an expired registration of more than forty-five days parked on a public street may be impounded by a police officer under RCW 46.55.113(2).

Sec. 2   RCW 46.68.250 and 1996 c 184 s 6 are each amended to read as follows:
     (1) The vehicle licensing fraud account is created in the state treasury. From penalties and fines imposed under RCW 46.16.010, 47.68.255, and 88.02.118, an amount equal to the taxes and fees owed shall be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for vehicle license fraud enforcement and collections by the Washington state patrol and the department of revenue.
     (2) On July 1st of odd-numbered years, the state treasurer must transfer any cash balance in excess of six hundred fifty thousand dollars from the license fraud account created under subsection (1) of this section to the state general fund.

NEW SECTION.  Sec. 3   This act takes effect July 1, 2010.