SENATE BILL REPORT

SB 5586

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As Reported by Senate Committee On:

Government Operations, Tribal Relations & Elections, February 21, 2011

Title: An act relating to the effect of zoning ordinances on motor vehicle collection and restoration.

Brief Description: Concerning the effect of zoning ordinances on motor vehicle collection and restoration.

Sponsors: Senators Carrell and Becker.

Brief History:

Committee Activity: Government Operations, Tribal Relations & Elections: 2/15/11, 2/21/11 [DPS].

SENATE COMMITTEE ON GOVERNMENT OPERATIONS, TRIBAL RELATIONS & ELECTIONS

Majority Report: That Substitute Senate Bill No. 5586 be substituted therefor, and the substitute bill do pass.

Signed by Senators Pridemore, Chair; Prentice, Vice Chair; Swecker, Ranking Minority Member; Chase, Nelson and Roach.

Staff: Sharon Swanson (786-7447)

Background: Residential zoning regulations are promulgated by local governments such as counties, cities, and towns to encourage patterns of residential development that serve community goals with respect to population density, neighborhood development, environmental quality, transportation, land use, and utility systems, among other goals.

Summary of Bill (Recommended Substitute): Hobby Vehicle Restoration is defined as the restoration of four or fewer vehicles that are 30 years or older of which the person restoring the vehicle has title and is actively restoring. An additional car may be utilized for parts salvage only. To qualify as hobby vehicle restoration, the restoration of the vehicle must be an ancillary use of the property upon which the restoration takes place. Nothing in the Act is intended to limit a city or town from regulating hobby vehicle restoration.

EFFECT OF CHANGES MADE BY GOVERNMENT OPERATIONS, TRIBAL RELATIONS & ELECTIONS COMMITTEE (Recommended Substitute): Hobby Vehicle Restoration is defined as the restoration of four or fewer vehicles that are 30 years or older of which the person restoring the vehicle has title and is actively restoring. An additional car may be utilized for parts salvage only. To qualify as hobby vehicle restoration, the restoration of the vehicle must be an ancillary use of the property upon which the restoration takes place. Nothing in the Act is intended to limit a city or town from regulating hobby vehicle restoration.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony on Original Bill: PRO: As a homeowner and a person who restores vehicles, the law should allow me to pursue my hobbies without being ticketed by the county. I don't restore vehicles as a commercial business but as a hobby. I have spent thousands of dollars fighting the county in court to allow me to pursue my hobby. The law needs to be changed to be clear to allow people to have a small number of vehicles on their property for restoration purposes. The current system does not allow for common sense.

CON: This bill blurs the regulation of junk yards. If the landowner or tenant claimed they were engaging in the hobby of collecting motor vehicles, the county would be prohibited from enforcing development regulations adopted by the county council to implement the county's comprehensive plan and citizen developed community plans. County's have the authority to set and enforce their own regulations. This bill does not establish a clear linkage between the hobby and the underlying principal land use.

Persons Testifying: PRO: Frank Ham, Auto Business Home Owner.

CON: Scott Merriman, Association of Washington Counties.