BILL REQ. #:  S-3889.5 

READ FIRST TIME 02/02/12.   

     AN ACT Relating to regulating the use of off-road vehicles in certain areas; amending RCW 46.09.360, 46.17.200, 46.17.350, 46.16A.080, 79A.80.010, 46.09.490, and 46.37.010; reenacting and amending RCW 46.09.470, 46.63.020, and 43.84.092; adding a new section to chapter 46.04 RCW; adding a new section to chapter 46.61 RCW; adding a new section to chapter 46.09 RCW; adding a new section to chapter 46.68 RCW; prescribing penalties; 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 46.04 RCW to read as follows:
     "Four-wheel all-terrain vehicle" means any motorized nonhighway vehicle with handlebars that is fifty inches or less in width, has a seat height of at least twenty inches, weighs less than one thousand five hundred pounds, and has tires having a diameter of thirty inches or less.

NEW SECTION.  Sec. 2   A new section is added to chapter 46.61 RCW to read as follows:
     (1) A person may operate a four-wheel all-terrain vehicle as defined in section 1 of this act upon any roadway of this state having a speed limit of thirty-five miles per hour or less subject to the following restrictions and requirements:
     (a) A person may not operate a four-wheel all-terrain vehicle upon state highways that are listed in chapter 47.17 RCW; however, a person may operate a four-wheel all-terrain vehicle upon a segment of a state highway listed in chapter 47.17 RCW if the segment is within the limits of a city and the speed limit on the segment is thirty-five miles per hour or less;
     (b) A person may not operate a four-wheel all-terrain vehicle upon a roadway of this state without first having obtained and having in full force and effect a current and proper vehicle registration, and a license plate in compliance with chapter 46.16A RCW. The license plate must be displayed in compliance with chapter 46.16A RCW. A four-wheel all-terrain vehicle may not be registered for commercial use;
     (c) A person may not operate a four-wheel all-terrain vehicle upon a roadway of this state without (i) first obtaining a valid driver's license issued to Washington residents in compliance with chapter 46.20 RCW, or (ii) possessing a valid driver's license issued by the state of the person's residence if the person is a nonresident;
     (d) A person may not operate a four-wheel all-terrain vehicle subject to registration under chapter 46.16A RCW on a roadway of this state unless the person is insured under a motor vehicle liability policy in compliance with chapter 46.30 RCW;
     (e) A person operating a four-wheel all-terrain vehicle may not cross a roadway with a speed limit in excess of thirty-five miles per hour, unless the crossing begins and ends on a roadway, or an ORV trail as defined in RCW 46.09.310, with a speed limit of thirty-five miles per hour or less and occurs at an intersection of approximately ninety degrees, except that the operator of a four-wheel all-terrain vehicle may not cross at an uncontrolled intersection of a public highway listed under chapter 47.17 RCW; and
     (f)(i) A person may not operate a four-wheel all-terrain vehicle on the roadways within the boundaries of a city with a population of fifteen thousand or more unless the city by ordinance has approved the operation of four-wheel all-terrain vehicles on city roadways.
     (ii) The legislative body of a city with a population of less than fifteen thousand may, by ordinance, designate a road or highway within its boundaries to be unsuitable for use by four-wheel all-terrain vehicles.
     (iii) Any roadways authorized by a legislative body of a city under (f)(i) of this subsection or designated as unsuitable under (f)(ii) of this subsection must be listed publicly and made accessible from the main page of the city web site.
     (2) A person who operates a four-wheel all-terrain vehicle under this section must pay the annual vehicle license fee required in RCW 46.17.350(1)(e) for the four-wheel all-terrain vehicle.
     (3) Any four-wheel all-terrain vehicle operated under this section must have:
     (a) Headlights meeting the requirements of RCW 46.37.030 and 46.37.040 and used at all times when the vehicle is in motion upon a highway;
     (b) Tail lamps meeting the requirements of RCW 46.37.050 and used at all times when the vehicle is in motion upon a highway;
     (c) A stop lamp meeting the requirements of RCW 46.37.200;
     (d) Reflectors meeting the requirements of RCW 46.37.060;
     (e) Turn signals meeting the requirements of RCW 46.37.200;
     (f) A mirror on both the left and right handlebar which must be located to give the operator a complete view of the highway for a distance of at least two hundred feet to the rear of the vehicle;
     (g) A windshield, unless the operator wears glasses, goggles, or a face shield while operating the vehicle, of a type conforming to rules adopted by the Washington state patrol;
     (h) A horn or warning device meeting the requirements of RCW 46.37.380;
     (i) Brakes in working order;
     (j) A spark arrester and muffling device meeting the requirements of RCW 46.09.470; and
     (k) Fenders adequate for minimizing the spray or splash of water, rocks, or mud from the roadway. Fenders must be as wide as the tires behind which they are mounted and extend downward at least half way to the center of the axle.
     (4) A person must certify under oath, on a form provided by the department, that the equipment listed in subsection (3) of this section has been installed on the four-wheel all-terrain vehicle and that the equipment is operable. A person who makes a false statement regarding the installation of the equipment listed in subsection (3) of this section is guilty of false swearing, a gross misdemeanor, under RCW 9A.72.040.
     (5) Every person operating a four-wheel all-terrain vehicle under this section is granted all rights and is subject to all duties applicable to the operator of a motorcycle under RCW 46.37.530 and chapter 46.61 RCW, except that four-wheel all-terrain vehicles may not be operated side-by-side in a single lane of traffic. Four-wheel all-terrain vehicles are subject to chapter 46.55 RCW.
     (6) Any person who violates this section commits a traffic infraction.
     (7) Accidents must be recorded and tracked in compliance with chapter 46.52 RCW. An accident report must indicate and be tracked separately when any of the vehicles involved are a four-wheel all-terrain vehicle.
     (8) Local authorities may not establish requirements for the registration of four-wheel all-terrain vehicles.

Sec. 3   RCW 46.09.360 and 2006 c 212 s 4 are each amended to read as follows:
     (1) Notwithstanding any of the provisions of this chapter, any city, county, or other political subdivision of this state, or any state agency, may regulate the operation of nonhighway vehicles on public lands, waters, and other properties under its jurisdiction, and on streets, roads, or highways within its boundaries as outlined in this section, by adopting regulations or ordinances of its governing body, provided such regulations are not less stringent than the provisions of this chapter. However, the legislative body of a:
     (a) City with a population of ((less)) fewer than three thousand persons, or of a county with a population of no more than five thousand persons, may, by ordinance, designate a street, road, or highway within its boundaries to be suitable for use by off-road vehicles((. The legislative body of a)); and
     (b) County with a population of more than five thousand persons may, by ordinance, designate a road or highway within its boundaries to be suitable for use by off-road vehicles if the road or highway is a direct connection between a city with a population of ((less)) fewer than three thousand persons and an off-road vehicle recreation facility.
     (2) For purposes of subsection (1)(a) and (b) of this section, "off-road vehicles" does not include four-wheel all-terrain vehicles as defined in section 1 of this act.

Sec. 4   RCW 46.17.200 and 2011 c 171 s 56 are each amended to read as follows:
     (1) In addition to all other fees and taxes required by law, the department, county auditor or other agent, or subagent appointed by the director shall charge:
     (a) The following license plate fees for each license plate, unless the owner or type of vehicle is exempt from payment:

Sec. 5   RCW 46.17.350 and 2010 c 161 s 531 are each amended to read as follows:
     (1) Before accepting an application for a vehicle registration, the department, county auditor or other agent, or subagent appointed by the director shall require the applicant, unless specifically exempt, to pay the following vehicle license fee by vehicle type:

Sec. 6   RCW 46.16A.080 and 2011 c 171 s 45 are each amended to read as follows:
     The following vehicles are not required to be registered under this chapter:
     (1) Converter gears 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;
     (2) Electric-assisted bicycles;
     (3)(a) Farm implements, tractors, trailers, and other farm vehicles (i) operated within a radius of fifteen miles of the farm where it is principally used or garaged, including trailers designed as cook or bunk houses, (ii) used exclusively for animal herding, and (iii) temporarily operating or drawn upon the public highways, and (b) trailers used exclusively to transport farm implements from one farm to another during daylight hours or at night when the trailer is equipped with lights that comply with applicable law;
     (4) Forklifts operated during daylight hours on public highways adjacent to and within five hundred feet of the warehouses they serve;
     (5) Golf carts, as defined in RCW 46.04.1945, operating within a designated golf cart zone as described in RCW 46.08.175;
     (6) Motor vehicles operated solely within a national recreation area that is not accessible by a state highway, including motorcycles, motor homes, passenger cars, and sport utility vehicles. This exemption applies only after initial registration;
     (7) Motorized foot scooters;
     (8) Nurse rigs or equipment auxiliary for 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;
     (9) Off-road vehicles operated on a street, road, or highway as authorized under RCW 46.09.360, or nonhighway roads under RCW 46.09.450. For purposes of this subsection "off-road vehicles" does not include four-wheel all-terrain vehicles registered for use under section 2 of this act;
     (10) Special highway construction equipment;
     (11) Dump trucks and tractor-dump trailer combinations that are:
     (a) Designed and used primarily for construction work on highways;
     (b) Not designed or used primarily for the transportation of persons or property on a public highway; and
     (c) Only incidentally operated or moved over the highways;
     (12) 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;
     (13) Tow dollies;
     (14) 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 average daily traffic of not more than fifteen thousand 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; and
     (15) Vehicles used by the state parks and recreation commission exclusively for park maintenance and operations upon public highways within state parks.

Sec. 7   RCW 79A.80.010 and 2011 c 320 s 2 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Agency" or "agencies" means the department of fish and wildlife, the department of natural resources, and the parks and recreation commission.
     (2) "Annual natural investment permit" means the annual permit issued by the parks and recreation commission for the purpose of launching boats from the designated state parks boat launch sites.
     (3) "Camper registration" means proof of payment of a camping fee on recreational lands managed by the parks and recreation commission.
     (4) "Day-use permit" means the permit created in RCW 79A.80.030.
     (5) "Discover pass" means the annual pass created in RCW 79A.80.020.
     (6) "Motor vehicle" has the same meaning as defined in RCW 46.04.320 and which are required to be registered under chapter 46.16A RCW. "Motor vehicle" does not include those motor vehicles exempt from registration under RCW 46.16A.080, four-wheel all-terrain vehicles registered for use under section 2 of this act, and state and publicly owned motor vehicles as provided in RCW 46.16A.170.
     (7) "Recreation site or lands" means a state park or fish and wildlife conservation sites including water access areas, boat ramps, wildlife areas, parking areas, roads, and trailheads, or department of natural resources developed or designated recreation areas, sites, trailheads, and parking areas.
     (8) "Sno-park seasonal permit" means the seasonal permit issued by the parks and recreation commission for providing access to winter recreational facilities for the period of November 1st through March 31st.
     (9) "Vehicle access pass" means the pass created in RCW 79A.80.040.

NEW SECTION.  Sec. 8   A new section is added to chapter 46.09 RCW to read as follows:
     (1) A person may not operate a nonhighway vehicle on public lands unless the area is designated by the land manager as open for nonhighway vehicle use.
     (2) A violation of this section is a misdemeanor with a penalty of five hundred dollars.

Sec. 9   RCW 46.09.470 and 2011 c 171 s 28 and 2011 c 121 s 4 are each reenacted and amended to read as follows:
     (1) Except as provided in subsection (4) of this section, it is a traffic infraction for any person to operate any nonhighway vehicle:
     (a) In such a manner as to endanger the property of another;
     (b) On lands not owned by the operator or owner of the nonhighway vehicle without a lighted headlight and taillight between the hours of dusk and dawn, or when otherwise required for the safety of others regardless of ownership;
     (c) On lands not owned by the operator or owner of the nonhighway vehicle without an adequate braking device or when otherwise required for the safety of others regardless of ownership;
     (d) Without a spark arrester approved by the department of natural resources;
     (e) Without an adequate, and operating, muffling device which effectively limits vehicle noise to no more than eighty-six decibels on the "A" scale at fifty feet as measured by the Society of Automotive Engineers (SAE) test procedure J 331a, except that a maximum noise level of one hundred and five decibels on the "A" scale at a distance of twenty inches from the exhaust outlet shall be an acceptable substitute in lieu of the Society of Automotive Engineers test procedure J 331a when measured:
     (i) At a forty-five degree angle at a distance of twenty inches from the exhaust outlet;
     (ii) With the vehicle stationary and the engine running at a steady speed equal to one-half of the manufacturer's maximum allowable ("red line") engine speed or where the manufacturer's maximum allowable engine speed is not known the test speed in revolutions per minute calculated as sixty percent of the speed at which maximum horsepower is developed; and
     (iii) With the microphone placed ten inches from the side of the vehicle, one-half way between the lowest part of the vehicle body and the ground plane, and in the same lateral plane as the rearmost exhaust outlet where the outlet of the exhaust pipe is under the vehicle;
     (f) On lands not owned by the operator or owner of the nonhighway vehicle upon the shoulder or inside bank or slope of any nonhighway road or highway, or upon the median of any divided highway;
     (g) On lands not owned by the operator or owner of the nonhighway vehicle in any area or in such a manner so as to unreasonably expose the underlying soil, or to create an erosion condition, or to injure, damage, or destroy trees, growing crops, or other vegetation;
     (h) On lands not owned by the operator or owner of the nonhighway vehicle or on any nonhighway road or trail, when these are restricted to pedestrian or animal travel; and
     (i) ((On any public lands in violation of rules and regulations of the agency administering such lands; and
     (j))) On a private nonhighway road in violation of RCW 46.09.450(3).
     (2) It is a misdemeanor for any person to operate any nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance.
     (3)(a) Except for an off-road vehicle equipped with seat belts and roll bars or an enclosed passenger compartment, it is a traffic infraction for any person to operate or ride an off-road vehicle on a nonhighway road without wearing upon his or her head a motorcycle helmet fastened securely while in motion. For purposes of this section, "motorcycle helmet" has the same meaning as provided in RCW 46.37.530.
     (b) Subsection (3)(a) of this section does not apply to an off-road vehicle operator operating on his or her own land.
     (c) Subsection (3)(a) of this section does not apply to an off-road vehicle operator operating on agricultural lands owned or leased by the off-road vehicle operator or the operator's employer.
     (4) It is not a traffic infraction to operate an off-road vehicle on a street, road, or highway as authorized under RCW 46.09.360 ((or)), 46.61.705, or section 2 of this act.

Sec. 10   RCW 46.09.490 and 2011 c 171 s 29 are each amended to read as follows:
     (1) Except as provided in RCW 46.09.470(2) ((and)), 46.09.480, and section 8 of this act as now or hereafter amended, violation of the provisions of this chapter is a traffic infraction for which a penalty of not less than twenty-five dollars may be imposed.
     (2) In addition to the penalties provided in subsection (1) of this section, the owner and/or the operator of any nonhighway vehicle shall be liable for any damage to property including damage to trees, shrubs, or growing crops injured as the result of travel by the nonhighway vehicle. The owner of such property may recover from the person responsible three times the amount of damage.

Sec. 11   RCW 46.63.020 and 2010 c 252 s 3, 2010 c 161 s 1125, and 2010 c 8 s 9077 are each reenacted and amended to read as follows:
     Failure to perform any act required or the performance of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to traffic including parking, standing, stopping, and pedestrian offenses, is designated as a traffic infraction and may not be classified as a criminal offense, except for an offense contained in the following provisions of this title or a violation of an equivalent administrative regulation or local law, ordinance, regulation, or resolution:
     (1) RCW 46.09.470(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance;
     (2) RCW 46.09.480 relating to operation of nonhighway vehicles;
     (3) Section 8 of this act relating to the operation of nonhighway vehicles on public lands;
     (4) RCW 46.10.490(2) relating to the operation of a snowmobile while under the influence of intoxicating liquor or narcotics or habit-forming drugs or in a manner endangering the person of another;
     (((4))) (5) RCW 46.10.495 relating to the operation of snowmobiles;
     (((5))) (6) Chapter 46.12 RCW relating to certificates of title, registration certificates, and markings indicating that a vehicle has been destroyed or declared a total loss;
     (((6))) (7) RCW 46.16A.030 and 46.16A.050(3) relating to the nonpayment of taxes and fees by failure to register a vehicle and falsifying residency when registering a motor vehicle;
     (((7))) (8) RCW 46.16A.520 relating to permitting unauthorized persons to drive;
     (((8))) (9) RCW 46.16A.320 relating to vehicle trip permits;
     (((9))) (10) RCW 46.19.050 relating to knowingly providing false information in conjunction with an application for a special placard or license plate for disabled persons' parking;
     (((10))) (11) RCW 46.20.005 relating to driving without a valid driver's license;
     (((11))) (12) RCW 46.20.091 relating to false statements regarding a driver's license or instruction permit;
     (((12))) (13) RCW 46.20.0921 relating to the unlawful possession and use of a driver's license;
     (((13))) (14) RCW 46.20.342 relating to driving with a suspended or revoked license or status;
     (((14))) (15) RCW 46.20.345 relating to the operation of a motor vehicle with a suspended or revoked license;
     (((15))) (16) RCW 46.20.410 relating to the violation of restrictions of an occupational driver's license, temporary restricted driver's license, or ignition interlock driver's license;
     (((16))) (17) RCW 46.20.740 relating to operation of a motor vehicle without an ignition interlock device in violation of a license notation that the device is required;
     (((17))) (18) RCW 46.20.750 relating to circumventing an ignition interlock device;
     (((18))) (19) RCW 46.25.170 relating to commercial driver's licenses;
     (((19))) (20) Chapter 46.29 RCW relating to financial responsibility;
     (((20))) (21) RCW 46.30.040 relating to providing false evidence of financial responsibility;
     (((21))) (22) RCW 46.35.030 relating to recording device information;
     (((22))) (23) RCW 46.37.435 relating to wrongful installation of sunscreening material;
     (((23))) (24) RCW 46.37.650 relating to the sale, resale, distribution, or installation of a previously deployed air bag;
     (((24))) (25) RCW 46.37.671 through 46.37.675 relating to signal preemption devices;
     (((25))) (26) RCW 46.44.180 relating to operation of mobile home pilot vehicles;
     (((26))) (27) RCW 46.48.175 relating to the transportation of dangerous articles;
     (((27))) (28) RCW 46.52.010 relating to duty on striking an unattended car or other property;
     (((28))) (29) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;
     (((29))) (30) RCW 46.52.090 relating to reports by repairers, storage persons, and appraisers;
     (((30))) (31) RCW 46.52.130 relating to confidentiality of the driving record to be furnished to an insurance company, an employer, and an alcohol/drug assessment or treatment agency;
     (((31))) (32) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate;
     (((32))) (33) RCW 46.55.035 relating to prohibited practices by tow truck operators;
     (((33))) (34) RCW 46.55.300 relating to vehicle immobilization;
     (((34))) (35) RCW 46.61.015 relating to obedience to police officers, flaggers, or firefighters;
     (((35))) (36) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;
     (((36))) (37) RCW 46.61.022 relating to failure to stop and give identification to an officer;
     (((37))) (38) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;
     (((38))) (39) RCW 46.61.212(4) relating to reckless endangerment of emergency zone workers;
     (((39))) (40) RCW 46.61.500 relating to reckless driving;
     (((40))) (41) RCW 46.61.502 and 46.61.504 relating to persons under the influence of intoxicating liquor or drugs;
     (((41))) (42) RCW 46.61.503 relating to a person under age twenty-one driving a motor vehicle after consuming alcohol;
     (((42))) (43) RCW 46.61.520 relating to vehicular homicide by motor vehicle;
     (((43))) (44) RCW 46.61.522 relating to vehicular assault;
     (((44))) (45) RCW 46.61.5249 relating to first degree negligent driving;
     (((45))) (46) RCW 46.61.527(4) relating to reckless endangerment of roadway workers;
     (((46))) (47) RCW 46.61.530 relating to racing of vehicles on highways;
     (((47))) (48) RCW 46.61.655(7) (a) and (b) relating to failure to secure a load;
     (((48))) (49) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;
     (((49))) (50) Section 2(4) of this act relating to a false statement regarding the installation of equipment on four-wheel all-terrain vehicles;
     (51) RCW 46.61.740 relating to theft of motor vehicle fuel;
     (((50))) (52) RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic citation;
     (((51))) (53) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;
     (((52))) (54) Chapter 46.65 RCW relating to habitual traffic offenders;
     (((53))) (55) RCW 46.68.010 relating to false statements made to obtain a refund;
     (((54))) (56) Chapter 46.70 RCW relating to unfair motor vehicle business practices, except where that chapter provides for the assessment of monetary penalties of a civil nature;
     (((55))) (57) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles;
     (((56))) (58) RCW 46.72A.060 relating to limousine carrier insurance;
     (((57))) (59) RCW 46.72A.070 relating to operation of a limousine without a vehicle certificate;
     (((58))) (60) RCW 46.72A.080 relating to false advertising by a limousine carrier;
     (((59))) (61) Chapter 46.80 RCW relating to motor vehicle wreckers;
     (((60))) (62) Chapter 46.82 RCW relating to driver's training schools;
     (((61))) (63) RCW 46.87.260 relating to alteration or forgery of a cab card, letter of authority, or other temporary authority issued under chapter 46.87 RCW;
     (((62))) (64) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW.

NEW SECTION.  Sec. 12   A new section is added to chapter 46.68 RCW to read as follows:
     The multiuse roadway safety account is created in the motor vehicle fund. All receipts from vehicle license fees under RCW 46.17.350(1)(e) and replacement license plate fees for four-wheel all-terrain vehicles under RCW 46.17.200(1) must be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for grants administered by the department of transportation to: (1) Counties to perform safety engineering analysis of mixed vehicle use on any road within a county; and (2) local governments to provide funding to erect signs providing notice to the motoring public that four-wheel all-terrain vehicles are present.

Sec. 13   RCW 46.37.010 and 2011 c 171 s 79 are each amended to read as follows:
     (1) It is a traffic infraction for any person to drive or move, or for a vehicle owner to cause or knowingly permit to be driven or moved, on any highway any vehicle or combination of vehicles that:
     (a) Is in such unsafe condition as to endanger any person;
     (b) Is not at all times equipped with such lamps and other equipment in proper working condition and adjustment as required by this chapter or by rules issued by the Washington state patrol;
     (c) Contains any parts in violation of this chapter or rules issued by the Washington state patrol.
     (2) It is a traffic infraction for any person to do any act forbidden or fail to perform any act required under this chapter or rules issued by the Washington state patrol.
     (3) Nothing contained in this chapter or the state patrol's regulations shall be construed to prohibit the use of additional parts and accessories on any vehicle not inconsistent with the provisions of this chapter or the state patrol's regulations.
     (4) The provisions of the chapter and the state patrol's regulations with respect to equipment on vehicles shall not apply to implements of husbandry, road machinery, road rollers, or farm tractors except as herein made applicable.
     (5) No owner or operator of a farm tractor, self-propelled unit of farm equipment, or implement of husbandry shall be guilty of a crime or subject to penalty for violation of RCW 46.37.160 as now or hereafter amended unless such violation occurs on a public highway.
     (6) It is a traffic infraction for any person to sell or offer for sale vehicle equipment which is required to be approved by the state patrol as prescribed in RCW 46.37.005 unless it has been approved by the state patrol.
     (7) The provisions of this chapter with respect to equipment required on vehicles shall not apply to:
     (a) Motorcycles or motor-driven cycles except as herein made applicable;
     (b) Golf carts, as defined in RCW 46.04.1945, operating within a designated golf cart zone as described in RCW 46.08.175, except as provided in RCW 46.08.175(8); and
     (c) Four-wheel all-terrain vehicles that are registered for use under section 2 of this act.
     (8) This chapter does not apply to off-road vehicles used on nonhighway roads or used on streets, roads, or highways as authorized under RCW 46.09.360.
     (9) This chapter does not apply to vehicles used by the state parks and recreation commission exclusively for park maintenance and operations upon public highways within state parks.
     (10) Notices of traffic infraction issued to commercial drivers under the provisions of this chapter with respect to equipment required on commercial motor vehicles shall not be considered for driver improvement purposes under chapter 46.20 RCW.
     (11) Whenever a traffic infraction is chargeable to the owner or lessee of a vehicle under subsection (1) of this section, the driver shall not be arrested or issued a notice of traffic infraction unless the vehicle is registered in a jurisdiction other than Washington state, or unless the infraction is for an offense that is clearly within the responsibility of the driver.
     (12) Whenever the owner or lessee is issued a notice of traffic infraction under this section the court may, on the request of the owner or lessee, take appropriate steps to make the driver of the vehicle, or any other person who directs the loading, maintenance, or operation of the vehicle, a codefendant. If the codefendant is held solely responsible and is found to have committed the traffic infraction, the court may dismiss the notice against the owner or lessee.

Sec. 14   RCW 43.84.092 and 2011 1st sp.s. c 16 s 6, 2011 1st sp.s. c 7 s 22, 2011 c 369 s 6, 2011 c 339 s 1, 2011 c 311 s 9, 2011 c 272 s 3, 2011 c 120 s 3, and 2011 c 83 s 7 are each reenacted and amended to read as follows:
     (1) All earnings of investments of surplus balances in the state treasury shall be deposited to the treasury income account, which account is hereby established in the state treasury.
     (2) The treasury income account shall be utilized to pay or receive funds associated with federal programs as required by the federal cash management improvement act of 1990. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for refunds or allocations of interest earnings required by the cash management improvement act. Refunds of interest to the federal treasury required under the cash management improvement act fall under RCW 43.88.180 and shall not require appropriation. The office of financial management shall determine the amounts due to or from the federal government pursuant to the cash management improvement act. The office of financial management may direct transfers of funds between accounts as deemed necessary to implement the provisions of the cash management improvement act, and this subsection. Refunds or allocations shall occur prior to the distributions of earnings set forth in subsection (4) of this section.
     (3) Except for the provisions of RCW 43.84.160, the treasury income account may be utilized for the payment of purchased banking services on behalf of treasury funds including, but not limited to, depository, safekeeping, and disbursement functions for the state treasury and affected state agencies. The treasury income account is subject in all respects to chapter 43.88 RCW, but no appropriation is required for payments to financial institutions. Payments shall occur prior to distribution of earnings set forth in subsection (4) of this section.
     (4) Monthly, the state treasurer shall distribute the earnings credited to the treasury income account. The state treasurer shall credit the general fund with all the earnings credited to the treasury income account except:
     (a) The following accounts and funds shall receive their proportionate share of earnings based upon each account's and fund's average daily balance for the period: The aeronautics account, the aircraft search and rescue account, the budget stabilization account, the capital vessel replacement account, the capitol building construction account, the Cedar River channel construction and operation account, the Central Washington University capital projects account, the charitable, educational, penal and reformatory institutions account, the cleanup settlement account, the Columbia river basin water supply development account, the Columbia river basin taxable bond water supply development account, the Columbia river basin water supply revenue recovery account, the common school construction fund, the county arterial preservation account, the county criminal justice assistance account, the county sales and use tax equalization account, the deferred compensation administrative account, the deferred compensation principal account, the department of licensing services account, the department of retirement systems expense account, the developmental disabilities community trust account, the drinking water assistance account, the drinking water assistance administrative account, the drinking water assistance repayment account, the Eastern Washington University capital projects account, the Interstate 405 express toll lanes operations account, the education construction fund, the education legacy trust account, the election account, the energy freedom account, the energy recovery act account, the essential rail assistance account, The Evergreen State College capital projects account, the federal forest revolving account, the ferry bond retirement fund, the freight congestion relief account, the freight mobility investment account, the freight mobility multimodal account, the grade crossing protective fund, the public health services account, the health system capacity account, the high capacity transportation account, the state higher education construction account, the higher education construction account, the highway bond retirement fund, the highway infrastructure account, the highway safety account, the high occupancy toll lanes operations account, the hospital safety net assessment fund, the industrial insurance premium refund account, the judges' retirement account, the judicial retirement administrative account, the judicial retirement principal account, the local leasehold excise tax account, the local real estate excise tax account, the local sales and use tax account, the marine resources stewardship trust account, the medical aid account, the mobile home park relocation fund, the motor vehicle fund, the motorcycle safety education account, the multiagency permitting team account, the multimodal transportation account, the multiuse roadway safety account, the municipal criminal justice assistance account, the municipal sales and use tax equalization account, the natural resources deposit account, the oyster reserve land account, the pension funding stabilization account, the perpetual surveillance and maintenance account, the public employees' retirement system plan 1 account, the public employees' retirement system combined plan 2 and plan 3 account, the public facilities construction loan revolving account beginning July 1, 2004, the public health supplemental account, the public transportation systems account, the public works assistance account, the Puget Sound capital construction account, the Puget Sound ferry operations account, the Puyallup tribal settlement account, the real estate appraiser commission account, the recreational vehicle account, the regional mobility grant program account, the resource management cost account, the rural arterial trust account, the rural mobility grant program account, the rural Washington loan fund, the site closure account, the skilled nursing facility safety net trust fund, the small city pavement and sidewalk account, the special category C account, the special wildlife account, the state employees' insurance account, the state employees' insurance reserve account, the state investment board expense account, the state investment board commingled trust fund accounts, the state patrol highway account, the state route number 520 civil penalties account, the state route number 520 corridor account, the state wildlife account, the supplemental pension account, the Tacoma Narrows toll bridge account, the teachers' retirement system plan 1 account, the teachers' retirement system combined plan 2 and plan 3 account, the tobacco prevention and control account, the tobacco settlement account, the transportation 2003 account (nickel account), the transportation equipment fund, the transportation fund, the transportation improvement account, the transportation improvement board bond retirement account, the transportation infrastructure account, the transportation partnership account, the traumatic brain injury account, the tuition recovery trust fund, the University of Washington bond retirement fund, the University of Washington building account, the volunteer firefighters' and reserve officers' relief and pension principal fund, the volunteer firefighters' and reserve officers' administrative fund, the Washington judicial retirement system account, the Washington law enforcement officers' and firefighters' system plan 1 retirement account, the Washington law enforcement officers' and firefighters' system plan 2 retirement account, the Washington public safety employees' plan 2 retirement account, the Washington school employees' retirement system combined plan 2 and 3 account, the Washington state economic development commission account, the Washington state health insurance pool account, the Washington state patrol retirement account, the Washington State University building account, the Washington State University bond retirement fund, the water pollution control revolving fund, and the Western Washington University capital projects account. Earnings derived from investing balances of the agricultural permanent fund, the normal school permanent fund, the permanent common school fund, the scientific permanent fund, and the state university permanent fund shall be allocated to their respective beneficiary accounts.
     (b) Any state agency that has independent authority over accounts or funds not statutorily required to be held in the state treasury that deposits funds into a fund or account in the state treasury pursuant to an agreement with the office of the state treasurer shall receive its proportionate share of earnings based upon each account's or fund's average daily balance for the period.
     (5) In conformance with Article II, section 37 of the state Constitution, no treasury accounts or funds shall be allocated earnings without the specific affirmative directive of this section.

NEW SECTION.  Sec. 15   This act takes effect March 1, 2013.