H-2272              _______________________________________________

 

                                           SUBSTITUTE HOUSE BILL NO. 585

                        _______________________________________________

 

                                                                            C 142 L 87

 

 

State of Washington                              50th Legislature                              1987 Regular Session

 

By House Committee on Transportation (originally sponsored by Representatives Nutley, Peery, Sutherland, Cooper, L. Smith, Walk and P. King)

 

 

Read first time 3/6/87 and passed to Committee on Rules.

 

 


AN ACT Relating to motor vehicle registration requirements; amending RCW 46.16.028, 46.16.240, and 46.85.060; and adding a new section to chapter 46.16 RCW.

 

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

 

        Sec. 1.  Section 1, chapter 353, Laws of 1985 as amended by section 2, chapter 186, Laws of 1986 and RCW 46.16.028 are each amended to read as follows:

          (1) For the purposes of vehicle license registration, a resident is a person who manifests an intent to live or be located in this state on more than a temporary or transient basis.  Evidence of residency includes but is not limited to:

          (a) ((Owns a vehicle that is licensable under this chapter and that is physically present in the state of Washington more than six months in any continuous twelve-month period; or

          (b) Resides in this state more than six months in any continuous twelve-month period; or

          (c) Becomes)) Becoming a registered voter in this state; or

          (((d) Receives)) (b) Receiving benefits under one of the Washington public assistance programs; or

          (((e) Declares himself to be)) (c) Declaring that he or she is a resident for the purpose of obtaining a state license or tuition fees at resident rates.

          (2) The term "Washington public assistance programs" referred to in subsection (1)(b) of this section includes only public assistance programs for which more than fifty percent of the combined costs of benefits and administration are paid from state funds.  Programs which are not included within the term "Washington public assistance programs" pursuant to the above criteria include, but are not limited to the food stamp program under the federal food stamp act of 1964; programs under the child nutrition act of 1966, 42 U.S.C. Secs. 1771 through 1788; and aid to families with dependent children, 42 U.S.C. Secs. 601 through 606.

          (3) A resident of the state shall register under chapters 46.12 and 46.16 RCW a vehicle to be operated on the highways of the state.  New Washington residents shall be allowed thirty days from the date they become residents as defined in this section to procure Washington registration for their vehicles.  This thirty-day period shall not be combined with any other period of reciprocity provided for in this chapter or chapter 46.85 RCW.

 

          NEW SECTION.  Sec. 2.  A new section is added to chapter 46.16 RCW to read as follows:

          It is unlawful to purchase a vehicle bearing foreign license plates without removing and destroying the plates unless (1) the out-of-state vehicle is sold to a Washington resident by a resident of a jurisdiction where the license plates follow the owner or (2) the out-of-state plates may be returned to the jurisdiction of issuance by the owner for refund purposes or (3) for such other reasons as the department may deem appropriate by rule.

 

        Sec. 3.  Section 46.16.240, chapter 12, Laws of 1961 as last amended by section 10, chapter 170, Laws of 1969 ex. sess. and RCW 46.16.240 are each amended to read as follows:

          The vehicle license number plates shall be attached conspicuously at the front and rear of each vehicle for which the same are issued and in such a manner that they can be plainly seen and read at all times:  PROVIDED, That if only one license number plate is legally issued for any vehicle such plate shall be conspicuously attached to the rear of such vehicle.  Each vehicle license number plate shall be placed or hung in a horizontal position at a distance of not less than one foot nor more than four feet from the ground and shall be kept clean so as to be plainly seen and read at all times:  PROVIDED, HOWEVER, That in cases where the body construction of the vehicle is such that compliance with this section is impossible, permission to deviate therefrom may be granted by the state commission on equipment.  It shall be unlawful to display upon the front or rear of any vehicle, vehicle license number plate or plates other than those furnished by the director for such vehicle or to display upon any vehicle any vehicle license number plate or plates which have been in any manner changed, altered, disfigured or have become illegible.  License plate frames may be used on vehicle license number plates only if the frames do not obscure license tabs or identifying letters or numbers on the plates and the plates can be plainly seen and read at all times.  It is unlawful to use any holders, frames, or any materials that in any manner change, alter, or make the vehicle license number plates illegible.  It shall be unlawful for any person to operate any vehicle unless there shall be displayed thereon valid vehicle license number plates attached as herein provided.

 

        Sec. 4.  Section 6, chapter 106, Laws of 1963 as last amended by section 3, chapter 353, Laws of 1985 and RCW 46.85.060 are each amended to read as follows:

          In the absence of an agreement or arrangement with another jurisdiction, the department may examine the laws and requirements of such jurisdiction and declare the extent and nature of exemptions, benefits and privileges to be extended to vehicles properly registered or licensed in such other jurisdiction, or to the owners of such vehicles, which shall, in the judgment of the department, be in the best interest of this state and the citizens thereof and which shall be fair and equitable to this state and the citizens thereof, and all of the same shall be determined on the basis and recognition of the benefits which accrue to the economy of this state from the uninterrupted flow of commerce.  Declarations of exemptions, benefits, and privileges issued by the department shall include at least the following exemptions:

          (1) Nonresident persons not employed in this state may operate a vehicle in this state that is currently licensed in another jurisdiction for a period not to exceed ((one hundred eighty days in a calendar year, but a nonresident person employed in Washington for more than one hundred eighty days may operate a vehicle licensed in another jurisdiction as long as no permanent, temporary, or part-time residence is maintained in this state)) six months in any continuous twelve-month period.

          (2) Nonresident ((salespersons based at a location outside Washington are permitted to)) persons employed in this state may operate vehicles not to exceed twelve thousand pounds registered gross vehicle weight that are currently licensed in another jurisdiction if no permanent, temporary, or part-time residence is maintained in this state ((without registration)) for a period greater than six months in any continuous twelve-month period.

          (3) A vehicle or a combination of vehicles, not exceeding a registered gross or combined gross vehicle weight of twelve thousand pounds, which is properly base licensed in another jurisdiction((,)) and ((used for business purposes in this state)) registered to a bona fide business in that jurisdiction is not required to obtain Washington vehicle license registration except when such vehicle is owned or operated by a business or branch office of a business located in Washington.

          (4) The department of licensing, after consultation with the department of revenue, shall adopt such rules as it deems necessary for the administration of these exemptions, benefits, and privileges.


                                                                                                                          Passed the House March 12, 1987.

 

                                                                                                                                         Speaker of the House.

 

                                                                                                                             Passed the Senate April 8, 1987.

 

                                                                                                                                       President of the Senate.