BILL REQ. #: S-0030.3
| State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/12/11. Referred to Committee on Transportation.
AN ACT Relating to reconciling changes made to vehicle and vessel registration and title provisions during the 2010 legislative sessions; amending RCW 4.24.210, 7.68.035, 18.27.100, 19.116.020, 19.118.170, 43.21A.667, 43.43.400, 43.121.100, 46.01.040, 46.04.1945, 46.04.1951, 46.04.249, 46.04.265, 46.04.3815, 46.04.429, 46.04.62260, 46.04.671, 46.04.691, 46.04.692, 46.04.705, 46.09.320, 46.09.400, 46.09.420, 46.09.450, 46.09.470, 46.09.490, 46.10.440, 46.10.470, 46.10.490, 46.10.500, 46.10.510, 46.12.550, 46.12.600, 46.12.630, 46.12.700, 46.12.730, 46.12.735, 46.12.740, 46.12.745, 46.16A.070, 46.16A.080, 46.16A.200, 46.16A.210, 46.16A.215, 46.16A.455, 46.16A.510, 46.16A.530, 46.16A.540, 46.16A.545, 46.17.040, 46.17.210, 46.17.220, 46.17.230, 46.17.355, 46.17.400, 46.18.010, 46.18.020, 46.18.200, 46.18.220, 46.18.255, 46.18.285, 46.18.295, 46.19.050, 46.19.060, 46.30.020, 46.32.080, 46.32.120, 46.37.010, 46.61.582, 46.61.710, 46.61.723, 46.61.725, 46.68.020, 46.68.030, 46.68.380, 46.68.420, 46.68.425, 46.68.455, 46.70.027, 46.70.101, 46.71.011, 46.71.080, 46.85.100, 46.87.010, 46.87.023, 46.87.080, 46.87.140, 46.87.230, 46.87.294, 46.87.296, 46.93.020, 47.01.440, 50.40.071, 64.44.050, 70.107.030, 70.120.010, 70.120.160, 70.120.170, 70.285.020, 77.12.170, 77.12.879, 79A.05.020, 79A.05.065, 79A.05.225, 79A.60.510, 79A.60.630, 79A.60.670, 82.08.020, 82.12.800, 82.12.801, 82.14.430, 82.50.250, 82.80.100, 84.36.080, 88.02.530, 88.02.560, 88.02.560, 88.02.590, 88.02.595, 88.02.610, 88.02.620, 88.02.640, and 88.02.650; amending 2010 c 161 s 438 (uncodified); reenacting and amending RCW 46.01.140, 46.04.670, 46.16A.030, 46.18.050, 46.18.060, 46.18.110, 46.18.130, and 48.110.020; creating a new section; recodifying RCW 46.04.391 and 46.16.900; repealing RCW 46.04.1961, 46.04.7051, 46.10.405, 46.16.30922, 46.18.030, and 88.02.655; providing effective dates; providing an expiration date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 This act is intended to reconcile and
conform amendments made in chapter 161, Laws of 2010 with other
legislation passed during the 2010 legislative sessions, as well as
provide technical amendments to codified sections affected by chapter
161, Laws of 2010. Any statutory changes made by this act should be
interpreted as technical in nature and not be interpreted to have any
substantive policy or legal implications.
Sec. 2 RCW 4.24.210 and 2006 c 212 s 6 are each amended to read
as follows:
(1) Except as otherwise provided in subsection (3) or (4) of this
section, any public or private landowners or others in lawful
possession and control of any lands whether designated resource, rural,
or urban, or water areas or channels and lands adjacent to such areas
or channels, who allow members of the public to use them for the
purposes of outdoor recreation, which term includes, but is not limited
to, the cutting, gathering, and removing of firewood by private persons
for their personal use without purchasing the firewood from the
landowner, hunting, fishing, camping, picnicking, swimming, hiking,
bicycling, skateboarding or other nonmotorized wheel-based activities,
hanggliding, paragliding, rock climbing, the riding of horses or other
animals, clam digging, pleasure driving of off-road vehicles,
snowmobiles, and other vehicles, boating, nature study, winter or water
sports, viewing or enjoying historical, archaeological, scenic, or
scientific sites, without charging a fee of any kind therefor, shall
not be liable for unintentional injuries to such users.
(2) Except as otherwise provided in subsection (3) or (4) of this
section, any public or private landowner or others in lawful possession
and control of any lands whether rural or urban, or water areas or
channels and lands adjacent to such areas or channels, who offer or
allow such land to be used for purposes of a fish or wildlife
cooperative project, or allow access to such land for cleanup of litter
or other solid waste, shall not be liable for unintentional injuries to
any volunteer group or to any other users.
(3) Any public or private landowner, or others in lawful possession
and control of the land, may charge an administrative fee of up to
twenty-five dollars for the cutting, gathering, and removing of
firewood from the land.
(4) Nothing in this section shall prevent the liability of a
landowner or others in lawful possession and control for injuries
sustained to users by reason of a known dangerous artificial latent
condition for which warning signs have not been conspicuously posted.
A fixed anchor used in rock climbing and put in place by someone other
than a landowner is not a known dangerous artificial latent condition
and a landowner under subsection (1) of this section shall not be
liable for unintentional injuries resulting from the condition or use
of such an anchor. Nothing in RCW 4.24.200 and this section limits or
expands in any way the doctrine of attractive nuisance. Usage by
members of the public, volunteer groups, or other users is permissive
and does not support any claim of adverse possession.
(5) For purposes of this section, the following are not fees:
(a) A license or permit issued for statewide use under authority of
chapter 79A.05 RCW or Title 77 RCW; and
(b) A daily charge not to exceed twenty dollars per person, per
day, for access to a publicly owned ORV sports park, as defined in RCW
((46.09.020)) 46.09.310, or other public facility accessed by a
highway, street, or nonhighway road for the purposes of off-road
vehicle use.
Sec. 3 RCW 7.68.035 and 2009 c 479 s 8 are each amended to read
as follows:
(1)(a) When any person is found guilty in any superior court of
having committed a crime, except as provided in subsection (2) of this
section, there shall be imposed by the court upon such convicted person
a penalty assessment. The assessment shall be in addition to any other
penalty or fine imposed by law and shall be five hundred dollars for
each case or cause of action that includes one or more convictions of
a felony or gross misdemeanor and two hundred fifty dollars for any
case or cause of action that includes convictions of only one or more
misdemeanors.
(b) When any juvenile is adjudicated of any offense in any juvenile
offense disposition under Title 13 RCW, except as provided in
subsection (2) of this section, there shall be imposed upon the
juvenile offender a penalty assessment. The assessment shall be in
addition to any other penalty or fine imposed by law and shall be one
hundred dollars for each case or cause of action that includes one or
more adjudications for a felony or gross misdemeanor and seventy-five
dollars for each case or cause of action that includes adjudications of
only one or more misdemeanors.
(2) The assessment imposed by subsection (1) of this section shall
not apply to motor vehicle crimes defined in Title 46 RCW except those
defined in the following sections: RCW 46.61.520, 46.61.522,
46.61.024, 46.52.090, 46.70.140, 46.61.502, 46.61.504, 46.52.101,
46.20.410, 46.52.020, ((46.10.130, 46.09.130,)) 46.10.495, 46.09.480,
46.61.5249, 46.61.525, 46.61.685, 46.61.530, 46.61.500, 46.61.015,
46.52.010, 46.44.180, ((46.10.090(2))) 46.10.490(2), and
((46.09.120(2))) 46.09.470(2).
(3) When any person accused of having committed a crime posts bail
in superior court pursuant to the provisions of chapter 10.19 RCW and
such bail is forfeited, there shall be deducted from the proceeds of
such forfeited bail a penalty assessment, in addition to any other
penalty or fine imposed by law, equal to the assessment which would be
applicable under subsection (1) of this section if the person had been
convicted of the crime.
(4) Such penalty assessments shall be paid by the clerk of the
superior court to the county treasurer who shall monthly transmit the
money as provided in RCW 10.82.070. Each county shall deposit fifty
percent of the money it receives per case or cause of action under
subsection (1) of this section and retains under RCW 10.82.070, not
less than one and seventy-five one-hundredths percent of the remaining
money it retains under RCW 10.82.070 and the money it retains under
chapter 3.62 RCW, and all money it receives under subsection (7) of
this section into a fund maintained exclusively for the support of
comprehensive programs to encourage and facilitate testimony by the
victims of crimes and witnesses to crimes. A program shall be
considered "comprehensive" only after approval of the department upon
application by the county prosecuting attorney. The department shall
approve as comprehensive only programs which:
(a) Provide comprehensive services to victims and witnesses of all
types of crime with particular emphasis on serious crimes against
persons and property. It is the intent of the legislature to make
funds available only to programs which do not restrict services to
victims or witnesses of a particular type or types of crime and that
such funds supplement, not supplant, existing local funding levels;
(b) Are administered by the county prosecuting attorney either
directly through the prosecuting attorney's office or by contract
between the county and agencies providing services to victims of crime;
(c) Make a reasonable effort to inform the known victim or his or
her surviving dependents of the existence of this chapter and the
procedure for making application for benefits;
(d) Assist victims in the restitution and adjudication process; and
(e) Assist victims of violent crimes in the preparation and
presentation of their claims to the department of labor and industries
under this chapter.
Before a program in any county west of the Cascade mountains is
submitted to the department for approval, it shall be submitted for
review and comment to each city within the county with a population of
more than one hundred fifty thousand. The department will consider if
the county's proposed comprehensive plan meets the needs of crime
victims in cases adjudicated in municipal, district or superior courts
and of crime victims located within the city and county.
(5) Upon submission to the department of a letter of intent to
adopt a comprehensive program, the prosecuting attorney shall retain
the money deposited by the county under subsection (4) of this section
until such time as the county prosecuting attorney has obtained
approval of a program from the department. Approval of the
comprehensive plan by the department must be obtained within one year
of the date of the letter of intent to adopt a comprehensive program.
The county prosecuting attorney shall not make any expenditures from
the money deposited under subsection (4) of this section until approval
of a comprehensive plan by the department. If a county prosecuting
attorney has failed to obtain approval of a program from the department
under subsection (4) of this section or failed to obtain approval of a
comprehensive program within one year after submission of a letter of
intent under this section, the county treasurer shall monthly transmit
one hundred percent of the money deposited by the county under
subsection (4) of this section to the state treasurer for deposit in
the state general fund.
(6) County prosecuting attorneys are responsible to make every
reasonable effort to insure that the penalty assessments of this
chapter are imposed and collected.
(7) Every city and town shall transmit monthly one and seventy-five
one-hundredths percent of all money, other than money received for
parking infractions, retained under RCW 3.50.100 and 35.20.220 to the
county treasurer for deposit as provided in subsection (4) of this
section.
Sec. 4 RCW 18.27.100 and 2008 c 120 s 2 are each amended to read
as follows:
(1) Except as provided in RCW 18.27.065 for partnerships and joint
ventures, no person who has registered under one name as provided in
this chapter shall engage in the business, or act in the capacity, of
a contractor under any other name unless such name also is registered
under this chapter.
(2) All advertising and all contracts, correspondence, cards,
signs, posters, papers, and documents which show a contractor's name or
address shall show the contractor's name or address as registered under
this chapter.
(3)(a) All advertising that shows the contractor's name or address
shall show the contractor's current registration number. The
registration number may be omitted in an alphabetized listing of
registered contractors stating only the name, address, and telephone
number: PROVIDED, That signs on motor vehicles subject to RCW
((46.16.010)) 46.16A.030 and on-premise signs shall not constitute
advertising as provided in this section. All materials used to
directly solicit business from retail customers who are not businesses
shall show the contractor's current registration number. A contractor
shall not use a false or expired registration number in purchasing or
offering to purchase an advertisement for which a contractor
registration number is required. Advertising by airwave transmission
shall not be subject to this subsection (3)(a).
(b) The director may issue a subpoena to any person or entity
selling any advertising subject to this section for the name, address,
and telephone number provided to the seller of the advertising by the
purchaser of the advertising. The subpoena must have enclosed a
stamped, self-addressed envelope and blank form to be filled out by the
seller of the advertising. If the seller of the advertising has the
information on file, the seller shall, within a reasonable time, return
the completed form to the department. The subpoena must be issued no
more than two days after the expiration of the issue or publication
containing the advertising or after the broadcast of the advertising.
The good-faith compliance by a seller of advertising with a written
request of the department for information concerning the purchaser of
advertising shall constitute a complete defense to any civil or
criminal action brought against the seller of advertising arising from
such compliance. Advertising by airwave or electronic transmission is
subject to this subsection (3)(b).
(4) No contractor shall advertise that he or she is bonded and
insured because of the bond required to be filed and sufficiency of
insurance as provided in this chapter.
(5) A contractor shall not falsify a registration number and use
it, or use an expired registration number, in connection with any
solicitation or identification as a contractor. All individual
contractors and all partners, associates, agents, salesmen, solicitors,
officers, and employees of contractors shall use their true names and
addresses at all times while engaged in the business or capacity of a
contractor or activities related thereto.
(6) Any advertising by a person, firm, or corporation soliciting
work as a contractor when that person, firm, or corporation is not
registered pursuant to this chapter is a violation of this chapter.
(7) An applicant or registrant who falsifies information on an
application for registration commits a violation under this section.
(8)(a) The finding of a violation of this section by the director
at a hearing held in accordance with the Administrative Procedure Act,
chapter 34.05 RCW, shall subject the person committing the violation to
a penalty of not more than ten thousand dollars as determined by the
director.
(b) Penalties under this section shall not apply to a violation
determined to be an inadvertent error.
Sec. 5 RCW 19.116.020 and 1990 c 44 s 3 are each amended to read
as follows:
The definitions set forth in this section apply throughout this
chapter, unless the context requires otherwise:
(1) "Debtor" has the meaning set forth in RCW ((62A.9-105(1)(d)))
62A.9A-102.
(2) "Motor vehicle" means a vehicle required to be registered under
chapter ((46.16)) 46.16A RCW.
(3) "Person" means an individual, company, firm, association,
partnership, trust, corporation, or other legal entity.
(4) "Security agreement" has the meaning set forth in RCW ((62A.9-105(1)(l))) 62A.9A-102.
(5) "Security interest" has the meaning set forth in RCW 62A.1-201(37).
(6) "Secured party" has the meaning set forth in RCW ((62A.9-105(1)(m))) 62A.9A-102.
Sec. 6 RCW 19.118.170 and 1995 c 254 s 9 are each amended to read
as follows:
Notwithstanding RCW ((46.12.380)) 46.12.635, the department of
licensing shall make available to the registered owner all title
history information regarding the vehicle upon request of the
registered owner and receipt of a statement that he or she is
investigating or pursuing rights under this chapter.
Sec. 7 RCW 43.21A.667 and 2009 c 564 s 933 are each amended to
read as follows:
(1) The freshwater aquatic algae control account is created in the
state treasury. Moneys directed to the account from RCW ((88.02.050))
88.02.640 must be deposited in the account. Expenditures from the
account may only be used as provided in this section. Moneys in the
account may be spent only after appropriation.
(2) Funds in the freshwater aquatic algae control account may be
appropriated to the department to develop a freshwater aquatic algae
control program. Funds must be expended as follows:
(a) As grants to cities, counties, tribes, special purpose
districts, and state agencies to manage excessive freshwater algae,
with priority for the treatment of lakes in which harmful algal blooms
have occurred within the past three years; and during the 2009-2011
fiscal biennium to provide grants for sea lettuce research and removal
to assist Puget Sound communities that are impacted by hyperblooms of
sea lettuce; and
(b) To provide technical assistance to applicants and the public
about aquatic algae control.
(3) The department shall submit a biennial report to the
appropriate legislative committees describing the actions taken to
implement this section along with suggestions on how to better fulfill
the intent of chapter 464, Laws of 2005. The first report is due
December 1, 2007.
Sec. 8 RCW 43.43.400 and 2007 c 350 s 1 are each amended to read
as follows:
(1) The definitions in this subsection apply throughout this
section unless the context clearly requires otherwise:
(a) "Aquatic invasive species" means any invasive, prohibited,
regulated, unregulated, or unlisted aquatic animal or plant species as
defined under RCW 77.08.010 (((49) through (54))) (28), (40), (44),
(58), and (59), aquatic noxious weeds as defined under RCW
17.26.020(5)(c), and aquatic nuisance species as defined under RCW
77.60.130(1).
(b) "Recreational and commercial watercraft" includes the boat, as
well as equipment used to transport the boat, and any auxiliary
equipment such as attached or detached outboard motors.
(2) The aquatic invasive species enforcement account is created in
the state treasury. Moneys directed to the account from RCW
((88.02.050)) 88.02.640 must be deposited in the account. Expenditures
from the account may only be used as provided in this section. Moneys
in the account may be spent only after appropriation.
(3) Funds in the aquatic invasive species enforcement account may
be appropriated to the Washington state patrol and the department of
fish and wildlife to develop an aquatic invasive species enforcement
program for recreational and commercial watercraft, which includes
equipment used to transport the watercraft and auxiliary equipment such
as attached or detached outboard motors. Funds must be expended as
follows:
(a) By the Washington state patrol, to inspect recreational and
commercial watercraft that are required to stop at port of entry weigh
stations managed by the Washington state patrol. The watercraft must
be inspected for the presence of aquatic invasive species; and
(b) By the department of fish and wildlife to:
(i) Establish random check stations, to inspect recreational and
commercial watercraft as provided for in RCW 77.12.879(3);
(ii) Inspect or delegate inspection of recreational and commercial
watercraft. If the department conducts the inspection, there will be
no cost to the person requesting the inspection;
(iii) Provide training to all department employees that are
deployed in the field to inspect recreational and commercial
watercraft; and
(iv) Provide an inspection receipt verifying that the watercraft is
not contaminated after the watercraft has been inspected at a check
station or has been inspected at the request of the owner of the
recreational or commercial watercraft. The inspection receipt is valid
until the watercraft is used again.
(4) The Washington state patrol and the department of fish and
wildlife shall submit a biennial report to the appropriate legislative
committees describing the actions taken to implement this section along
with suggestions on how to better fulfill the intent of chapter 464,
Laws of 2005. The first report is due December 1, 2007.
Sec. 9 RCW 43.121.100 and 2005 c 53 s 4 are each amended to read
as follows:
The council may accept contributions, grants, or gifts in cash or
otherwise, including funds generated by the sale of "heirloom" birth
certificates under chapter 70.58 RCW from persons, associations, or
corporations and funds generated through the issuance of the "Keep Kids
Safe" license plate under chapter ((46.16)) 46.18 RCW. All moneys
received by the council or any employee thereof from contributions,
grants, or gifts and not through appropriation by the legislature shall
be deposited in a depository approved by the state treasurer to be
known as the children's trust fund. Disbursements of such funds shall
be on the authorization of the council or a duly authorized
representative thereof and only for the purposes stated in RCW
43.121.050. In order to maintain an effective expenditure and revenue
control, such funds shall be subject in all respects to chapter 43.88
RCW, but no appropriation shall be required to permit expenditure of
such funds.
Sec. 10 RCW 46.01.040 and 2010 c 161 s 1108 are each amended to
read as follows:
The department is vested with all powers, functions, and duties
with respect to and including the following:
(1) The motor vehicle fuel excise tax as provided in chapter 82.36
RCW;
(2) The special fuel tax as provided in chapter 82.38 RCW;
(3) The motor vehicle excise tax as provided in chapter 82.44 RCW;
(4) The travel trailers and campers excise tax as provided in
chapter 82.50 RCW;
(5) All general powers and duties relating to motor vehicles as
provided in chapter 46.08 RCW;
(6) Certificates of title and registration certificates as provided
in chapters 46.12 and ((46.16)) 46.16A RCW;
(7) The registration of motor vehicles as provided in chapter
((46.16)) 46.16A RCW;
(8) Dealers' licenses as provided in chapter 46.70 RCW;
(9) The licensing of motor vehicle transporters as provided in
chapter 46.76 RCW;
(10) The licensing of vehicle wreckers as provided in chapter 46.80
RCW;
(11) The administration of the laws relating to reciprocal or
proportional registration of motor vehicles as provided in chapter
46.85 RCW;
(12) The licensing of passenger vehicles for hire as provided in
chapter 46.72 RCW;
(13) Drivers' licenses as provided in chapter 46.20 RCW;
(14) Commercial driver training schools as provided in chapter
46.82 RCW;
(15) Financial responsibility as provided in chapter 46.29 RCW;
(16) Accident reporting as provided in chapter 46.52 RCW;
(17) Disposition of revenues as provided in chapter 46.68 RCW; and
(18) The administration of all other laws relating to motor
vehicles vested in the director of licenses on June 30, 1965.
Sec. 11 RCW 46.01.140 and 2010 1st sp.s. c 7 s 139, 2010 c 221 s
1, and 2010 c 161 s 204 are each reenacted and amended to read as
follows:
(1) County auditor/agent duties. A county auditor or other agent
appointed by the director shall:
(a) Enter into a standard contract provided by the director((, as
developed in consultation with the advice of the title and registration
advisory committee));
(b) Provide all services authorized by the director for vehicle
certificates of title and vehicle registration applications and
issuance under the direction and supervision of the director including,
but not limited to:
(i) Processing reports of sale;
(ii) Processing transitional ownership transactions;
(iii) Processing mail-in vehicle registration renewals until
directed otherwise by legislative authority;
(iv) Issuing registrations and temporary ORV use permits for
off-road vehicles as required under chapter 46.09 RCW;
(v) Issuing registrations for snowmobiles as required under chapter
46.10 RCW; and
(vi) Collecting fees and taxes as required.
(2) County auditor/agent assistants and subagents. A county
auditor or other agent appointed by the director may, with approval of
the director:
(a) Appoint assistants as special deputies to accept applications
for vehicle certificates of title and to issue vehicle registrations;
and
(b) Recommend and request that the director appoint subagencies
within the county to accept applications for vehicle certificates of
title and vehicle registration application issuance.
(3) Appointing subagents. A county auditor or other agent
appointed by the director who requests a subagency shall, with approval
of the director:
(a) Use an open competitive process including, but not limited to,
a written business proposal and oral interview to determine the
qualifications of all interested applicants; and
(b) Submit all proposals to the director with a recommendation for
appointment of one or more subagents who have applied through the open
competitive process. If a qualified successor who is an existing
subagent's sibling, spouse, or child, or a subagency employee has
applied, the county auditor shall provide the name of the qualified
successor and the name of one other applicant who is qualified and was
chosen through the open competitive process.
(4) Subagent duties. A subagent appointed by the director shall:
(a) Enter into a standard contract with the county auditor or agent
provided by the director((, as developed in consultation with the title
and registration advisory committee)); and
(b) Provide all services authorized by the director for vehicle
certificates of title and vehicle registration applications and
issuance under the direction and supervision of the county auditor or
agent and the director including, but not limited to:
(i) Processing reports of sale;
(ii) Processing transitional ownership transactions;
(iii) Mailing out vehicle registrations and replacement plates to
internet payment option customers until directed otherwise by
legislative authority;
(iv) Issuing registrations and temporary ORV use permits for
off-road vehicles as required under chapter 46.09 RCW;
(v) Issuing registrations for snowmobiles as required under chapter
46.10 RCW; and
(vi) Collecting fees and taxes as required.
(5) Subagent successorship. A subagent appointed by the director
who no longer wants his or her appointment may recommend a successor
who is the subagent's sibling, spouse, or child, or a subagency
employee. The recommended successor must participate in the open
competitive process used to select an applicant. In making successor
recommendations and appointment determinations, the following
provisions apply:
(a) If a subagency is held by a partnership or corporate entity,
the nomination must be submitted on behalf of, and agreed to by, all
partners or corporate officers;
(b) A subagent may not receive any direct or indirect compensation
or remuneration from any party or entity in recognition of a successor
nomination. A subagent may not receive any financial benefit from the
transfer or termination of an appointment; and
(c) The appointment of a successor is intended to assist in the
efficient transfer of appointments to minimize public inconvenience.
The appointment of a successor does not create a proprietary or
property interest in the appointment.
(6) Standard contracts. The standard contracts provided by the
director in this section may include provisions that the director deems
necessary to ensure that readily accessible and acceptable service is
provided to the citizens of the state, including the full collection of
fees and taxes. The standard contracts must include provisions that:
(a) Describe responsibilities and liabilities of each party related
to service expectations and levels;
(b) Describe the equipment to be supplied by the department and
equipment maintenance;
(c) Require specific types of insurance or bonds, or both, to
protect the state against any loss of collected revenue or loss of
equipment;
(d) Specify the amount of training that will be provided by each of
the parties;
(e) Describe allowable costs that may be charged for vehicle
registration activities as described in subsection (7) of this section;
and
(f) Describe causes and procedures for termination of the contract,
which may include mediation and binding arbitration.
(7) County auditor/agent cost reimbursement. A county auditor or
other agent appointed by the director who does not cover expenses for
services provided by the standard contract may submit to the department
a request for cost-coverage moneys. The request must be submitted on
a form developed by the department. The department shall develop
procedures to standardize and identify allowable costs and to verify
whether a request is reasonable. Payment must be made on those
requests found to be allowable from the licensing services account.
(8) County auditor/agent revenue disbursement. County revenues
that exceed the cost of providing services described in the standard
contract, calculated in accordance with the procedures in subsection
(7) of this section, must be expended as determined by the county
legislative authority during the process established by law for
adoption of county budgets.
(9) Appointment authority. The director has final appointment
authority for county auditors or other agents or subagents.
(10) Rules. The director may adopt rules to implement this
section.
Sec. 12 RCW 46.04.1945 and 2010 c 217 s 3 are each amended to
read as follows:
"Golf cart" means a gas-powered or electric-powered four-wheeled
vehicle originally designed and manufactured for operation on a golf
course for sporting purposes and has a speed attainable in one mile of
not more than twenty miles per hour. A golf cart is not a nonhighway
vehicle or off-road vehicle as defined in RCW ((46.09.020)) 46.04.365.
Sec. 13 RCW 46.04.1951 and 2005 c 85 s 2 are each amended to read
as follows:
"Gonzaga University alumni association license plates" means
license plates issued under RCW ((46.16.30916)) 46.18.200 that display
a symbol or artwork recognizing the efforts of the Gonzaga University
alumni association in Washington state.
Sec. 14 RCW 46.04.249 and 2005 c 53 s 2 are each amended to read
as follows:
"Keep Kids Safe license plates" means license plates issued under
RCW ((46.16.30913)) 46.18.200 that display artwork recognizing efforts
to prevent child abuse and neglect in Washington state.
Sec. 15 RCW 46.04.265 and 2004 c 221 s 2 are each amended to read
as follows:
"Law enforcement memorial license plates" means license plates
issued under RCW ((46.16.30905)) 46.18.200 that display a symbol
honoring law enforcement officers in Washington killed in the line of
duty.
Sec. 16 RCW 46.04.3815 and 2010 c 161 s 130 are each amended to
read as follows:
"Parts car" means a motor vehicle that is owned by a collector to
furnish parts for restoration or maintenance of a vehicle described in
RCW 46.18.220(1) and 46.18.255, thus enabling a collector to preserve,
restore, and maintain such a vehicle.
Sec. 17 RCW 46.04.429 and 2004 c 35 s 2 are each amended to read
as follows:
"Professional firefighters and paramedics license plates" means
license plates issued under RCW ((46.16.30901)) 46.18.200 that display
a symbol denoting professional firefighters and paramedics.
Sec. 18 RCW 46.04.62260 and 2005 c 220 s 2 are each amended to
read as follows:
"Ski & Ride Washington license plates" means license plates issued
under RCW ((46.16.30922)) 46.18.200 that display a symbol or artwork
recognizing the efforts of the Washington snowsports industry in this
state.
Sec. 19 RCW 46.04.670 and 2010 c 217 s 2 and 2010 c 161 s 155 are
each reenacted and amended to read as follows:
"Vehicle" includes every device capable of being moved upon a
public highway and in, upon, or by which any persons or property is or
may be transported or drawn upon a public highway, including bicycles.
"Vehicle" does not include power wheelchairs or devices other than
bicycles moved by human or animal power or used exclusively upon
stationary rails or tracks. Mopeds are not considered vehicles or
motor vehicles for the purposes of chapter 46.70 RCW. Bicycles are not
considered vehicles for the purposes of chapter 46.12, ((46.16))
46.16A, or 46.70 RCW or RCW 82.12.045. Electric personal assistive
mobility devices are not considered vehicles or motor vehicles for the
purposes of chapter 46.12, ((46.16)) 46.16A, 46.29, 46.37, or 46.70
RCW. A golf cart is not considered a vehicle, except for the purposes
of chapter 46.61 RCW.
Sec. 20 RCW 46.04.671 and 2010 c 161 s 156 are each amended to
read as follows:
"Vehicle license fee" means a fee collected by the state of
Washington as a license fee, as that term is construed in Article II,
section 40 of the state Constitution, for the act of registering a
vehicle under chapter ((46.16)) 46.16A RCW. "Vehicle license fee" does
not include license plate fees, or taxes and fees collected by the
department for other jurisdictions.
Sec. 21 RCW 46.04.691 and 2005 c 48 s 2 are each amended to read
as follows:
"Washington Lighthouses license plates" means license plates issued
under RCW ((46.16.30911)) 46.18.200 that display a symbol or artwork
recognizing the efforts of lighthouse environmental programs in
Washington state.
Sec. 22 RCW 46.04.692 and 2005 c 177 s 2 are each amended to read
as follows:
"Washington's National Park Fund license plates" means license
plates issued under RCW ((46.16.30918)) 46.18.200 that display a symbol
or artwork recognizing the efforts of Washington's National Park Fund
in preserving Washington's national parks for future generations in
Washington state.
Sec. 23 RCW 46.04.705 and 2005 c 71 s 2 are each amended to read
as follows:
"We love our pets license plates" means license plates issued under
RCW ((46.16.30914)) 46.18.200 that display a symbol or artwork
recognizing the efforts of the Washington state federation of animal
care and control agencies in Washington state that assists local member
agencies of the federation to promote and perform spay/neuter surgery
of Washington state pets, in order to reduce pet overpopulation.
Sec. 24 RCW 46.09.320 and 2010 c 161 s 214 are each amended to
read as follows:
The department shall issue a certificate of title to the owner of
an off-road vehicle. The owner shall pay the fee established under RCW
46.17.100. Issuance of the certificate of title does not qualify the
vehicle for registration under chapter ((46.16)) 46.16A RCW.
Sec. 25 RCW 46.09.400 and 2010 c 161 s 215 are each amended to
read as follows:
The department shall:
(1) Issue registrations and temporary ORV use permits for off-road
vehicles;
(2) Issue decals for off-road vehicles. The decals serve the same
function as license plates for vehicles registered under chapter
((46.16)) 46.16A RCW; and
(3) Charge a fee for each decal covering the actual cost of the
decal.
Sec. 26 RCW 46.09.420 and 2010 c 161 s 217 are each amended to
read as follows:
ORV registrations and decals are required under this chapter except
for the following:
(1) Off-road vehicles owned and operated by the United States,
another state, or a political subdivision of the United States or
another state.
(2) Off-road vehicles owned and operated by this state, a
municipality, or a political subdivision of this state or the
municipality.
(3) Off-road vehicles operated on agricultural lands owned or
leased by the off-road vehicle owner or operator.
(4) Off-road vehicles owned by a resident of another state that
have a valid ORV use permit or vehicle registration issued in
accordance with the laws of the other state. This exemption applies
only to the extent that a similar exemption or privilege is granted
under the laws of that state.
(5) Off-road vehicles while being used for search and rescue
purposes under the authority or direction of an appropriate search and
rescue or law enforcement agency.
(6) Vehicles registered under chapter ((46.16)) 46.16A RCW or, in
the case of nonresidents, vehicles validly registered for operation
over public highways in the jurisdiction of the owner's residence.
Sec. 27 RCW 46.09.450 and 2010 c 161 s 221 are each amended to
read as follows:
(1) Except as otherwise provided in this section, it is lawful to
operate an off-road vehicle upon:
(a) A nonhighway road and in parking areas serving designated off-road vehicle areas if the state, federal, local, or private authority
responsible for the management of the nonhighway road authorizes the
use of off-road vehicles; and
(b) A street, road, or highway as authorized under RCW 46.09.360.
(2) Operations of an off-road vehicle on a nonhighway road, or on
a street, road, or highway as authorized under RCW 46.09.360, under
this section is exempt from registration requirements of chapter
((46.16)) 46.16A RCW and vehicle lighting and equipment requirements of
chapter 46.37 RCW.
(3) It is unlawful to operate an off-road vehicle upon a private
nonhighway road if the road owner has not authorized the use of off-road vehicles.
(4) Nothing in this section authorizes trespass on private
property.
(5) The provisions of RCW 4.24.210(5) shall apply to public
landowners who allow members of the public to use public facilities
accessed by a highway, street, or nonhighway road for recreational off-road vehicle use.
Sec. 28 RCW 46.09.470 and 2006 c 212 s 3 are each 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;
(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
((46.09.115(3))) 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 ((46.09.180))
46.09.360.
Sec. 29 RCW 46.09.490 and 1979 ex.s. c 136 s 42 are each amended
to read as follows:
(1) Except as provided in RCW ((46.09.120(2))) 46.09.470(2) and
((46.09.130)) 46.09.480 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. 30 RCW 46.10.440 and 2010 c 161 s 234 are each amended to
read as follows:
(1) Snowmobile decals assigned to each snowmobile must be:
(a) Permanently affixed to and displayed upon each snowmobile as
provided by rules adopted by the department; and
(b) Maintained in a legible condition.
(2) Dealer ((number)) license plates as provided for in RCW
46.10.420 may be temporarily affixed.
(3) The department shall make available a pair of identical
snowmobile decals consistent with subsection (1) of this section. The
decals serve the same function as license plates for vehicles
registered under chapter ((46.16)) 46.16A RCW. The department shall
charge each applicant for an original registration the actual cost of
the snowmobile decal. The department shall make available replacement
snowmobile decals for a fee equivalent to the actual cost of the
snowmobile decals.
Sec. 31 RCW 46.10.470 and 1972 ex.s. c 153 s 23 are each amended
to read as follows:
Notwithstanding the provisions of RCW ((46.10.100)) 46.10.460, it
shall be lawful to operate a snowmobile upon a public roadway or
highway:
Where such roadway or highway is completely covered with snow or
ice and has been closed by the responsible governing body to motor
vehicle traffic during the winter months; or
When the responsible governing body gives notice that such roadway
or highway is open to snowmobiles or all-terrain vehicle use; or
In an emergency during the period of time when and at locations
where snow upon the roadway or highway renders such impassible to
travel by automobile; or
When traveling along a designated snowmobile trail.
Sec. 32 RCW 46.10.490 and 1980 c 148 s 1 are each amended to read
as follows:
(1) It is a traffic infraction for any person to operate any
snowmobile:
(a) At a rate of speed greater than reasonable and prudent under
the existing conditions.
(b) In a manner so as to endanger the property of another.
(c) Without a lighted headlight and taillight between the hours of
dusk and dawn, or when otherwise required for the safety of others.
(d) Without an adequate braking device which may be operated either
by hand or foot.
(e) Without an adequate and operating muffling device which shall
effectively blend the exhaust and motor noise in such a manner so as to
preclude excessive or unusual noise, and, (i) on snowmobiles
manufactured on or before January 4, 1973, which shall effectively
limit such noise at a level of eighty-six decibels, or below, on the
"A" scale at fifty feet, and (ii) on snowmobiles manufactured after
January 4, 1973, which shall effectively limit such noise at a level of
eighty-two decibels, or below, on the "A" scale at fifty feet, and
(iii) on snowmobiles manufactured after January 1, 1975, which shall
effectively limit such noise at a level of seventy-eight decibels, or
below, as measured on the "A" scale at a distance of fifty feet, under
testing procedures as established by the department of ecology; except
snowmobiles used in organized racing events in an area designated for
that purpose may use a bypass or cutout device. This section shall not
affect the power of the department of ecology to adopt noise
performance standards for snowmobiles. Noise performance standards
adopted or to be adopted by the department of ecology shall be in
addition to the standards contained in this section, but the
department's standards shall supersede this section to the extent of
any inconsistency.
(f) Upon the paved portion or upon the shoulder or inside bank or
slope of any public roadway or highway, or upon the median of any
divided highway, except as provided in RCW ((46.10.100)) 46.10.460 and
((46.10.110)) 46.10.470.
(g) In any area or in such a manner so as to expose the underlying
soil or vegetation, or to injure, damage, or destroy trees or growing
crops.
(h) Without a current registration decal affixed thereon, if not
exempted under RCW ((46.10.030)) 46.10.410 as now or hereafter amended.
(2) It is a misdemeanor for any person to operate any snowmobile so
as to endanger the person of another or while under the influence of
intoxicating liquor or narcotics or habit-forming drugs.
Sec. 33 RCW 46.10.500 and 1982 c 17 s 8 are each amended to read
as follows:
(1) Except as provided in RCW ((46.10.090(2), 46.10.055, and
46.10.130)) 46.10.490(2), 46.10.485, and 46.10.495, any violation of
the provisions of this chapter is a traffic infraction: PROVIDED, That
the penalty for failing to display a valid registration decal under RCW
((46.10.090)) 46.10.490 as now or hereafter amended shall be a fine of
forty dollars and such fine shall be remitted to the general fund of
the governmental unit, which personnel issued the citation, for
expenditure solely for snowmobile law enforcement.
(2) In addition to the penalties provided in RCW ((46.10.090))
46.10.490 and subsection (1) of this section, the operator and/or the
owner of any snowmobile used with the permission of the owner shall be
liable for three times the amount of any damage to trees, shrubs,
growing crops, or other property injured as the result of travel by
such snowmobile over the property involved.
Sec. 34 RCW 46.10.510 and 1994 c 262 s 3 are each amended to read
as follows:
From time to time, but at least once each biennium, the director
shall request the state treasurer to refund from the motor vehicle fund
amounts which have been determined to be a tax on snowmobile fuel, and
the treasurer shall refund such amounts determined under RCW
((46.10.170)) 46.10.530, and place them in the snowmobile account in
the general fund.
Sec. 35 RCW 46.12.550 and 2010 c 161 s 315 are each amended to
read as follows:
(1) The department may refuse to issue or may cancel a certificate
of title at any time if the department determines that an applicant for
a certificate of title is not entitled to a certificate of title.
Notice of cancellation may be accomplished by sending a notice by
first-class mail using the last known address in department records for
the registered or legal owner or owners, and completing an affidavit of
first-class mail. It is unlawful for any person to remove, drive, or
operate the vehicle until a proper certificate of title has been
issued. Any person removing, driving, or operating a vehicle after the
refusal to issue or cancellation of the certificate of title is guilty
of a gross misdemeanor.
(2)(a) The suspension of, revocation of, cancellation of, or
refusal to issue a certificate of title or vehicle registration
provided for in chapters 46.12 and ((46.16)) 46.16A RCW by the director
is conclusive unless the person whose registration or certificate is
suspended, revoked, canceled, or refused appeals to the superior court
of Thurston county or the person's county of residence.
(b) Notice of appeal must be filed within ten days after receipt of
the notice of suspension, revocation, cancellation, or refusal. Upon
the filing of the notice of appeal, the court shall issue an order to
the director to show cause why the registration should not be granted
or reinstated and return the order not less than ten days after the
date of service of the notice to the director. Service must be in the
manner as prescribed for the service of a summons and complaint in
other civil actions.
(c) Upon the hearing on the order to show cause, the court shall
hear evidence concerning matters with reference to the suspension,
revocation, cancellation, or refusal of the registration or certificate
and enter judgment either affirming or setting aside the suspension,
revocation, cancellation, or refusal.
Sec. 36 RCW 46.12.600 and 2010 c 161 s 306 are each amended to
read as follows:
(1)(a) The registered owner or legal owner shall:
(i) Report the destruction of the vehicle issued a certificate of
title or registration certificate to the department within fifteen days
of its destruction; and
(ii) Submit the certificate of title or affidavit in lieu of title
marked "DESTROYED." The registered owner's name, address, and the date
of destruction must be clearly shown on the certificate of title or
affidavit in lieu of title.
(b) It is a gross misdemeanor to fail to notify the department and
be in possession of a certificate of title of a destroyed vehicle on
the sixteenth day after the vehicle is destroyed and each day
thereafter.
(2) The insurance company or self-insurer shall report the
destruction or total loss of vehicles issued a certificate of title or
registration certificate to the department within fifteen days after
the settlement claim. The report must be submitted regardless of where
or in what jurisdiction the total loss occurred. An insurer shall
report total loss vehicles to the department in any of the following
manners:
(a) Electronically through the department's online reporting
system. An insurer choosing this option must immediately destroy
ownership documents after filing the electronic report;
(b) Submitting the certificate of title or affidavit in lieu of
title marked "DESTROYED." The insurer's name, address, and the date of
loss must be clearly shown on the certificate of title or affidavit in
lieu of title; or
(c) Submitting a properly completed total loss claim settlement
form provided by the department.
(3) The registered owner, legal owner, or insurer reporting the
destruction or total loss of a motor vehicle six years old or older
must include a statement on whether the fair market value of the motor
vehicle immediately before its destruction was at least equal to the
market value threshold. The age of the motor vehicle is determined by
subtracting the model year from the current calendar year.
(4) ((Beginning January 1, 2011,)) The market value threshold is
six thousand seven hundred ninety dollars or a greater amount as set by
rule of the department. The department shall:
(a) Increase the market value threshold amount:
(i) When the consumer price index for all urban consumers, compiled
by the bureau of labor statistics, United States department of labor,
or its successor, for the west region, in the expenditure category
"used cars and trucks," shows an annual average increase over the
previous year;
(ii) By the same percentage increase of the annual average shown in
the consumer price index; and
(iii) On July 1st of the year immediately following the year with
the increase of the annual average;
(b) Round each increase of the market value threshold to the
nearest ten dollars;
(c) Not increase the market value threshold amount if the amount of
the increase would be less than fifty dollars; and
(d) Carry forward any unmade increases to succeeding years until
the cumulative increase is at least fifty dollars.
Sec. 37 RCW 46.12.630 and 2005 c 340 s 1 are each amended to read
as follows:
In addition to any other authority which it may have, the
department of licensing may furnish lists of registered and legal
owners of motor vehicles only for the purposes specified in this
section to:
(1) The manufacturers of motor vehicles, or their authorized
agents, to be used to enable those manufacturers to carry out the
provisions of the National Traffic and Motor Vehicle Safety Act of 1966
(15 U.S.C. sec. 1382-1418), including amendments or additions thereto,
respecting safety-related defects in motor vehicles;
(2) Any governmental agency of the United States or Canada, or
political subdivisions thereof, to be used by it or by its authorized
commercial agents or contractors only in connection with the
enforcement of motor vehicle or traffic laws by, or programs related to
traffic safety of, that government agency. Only such parts of the list
as are required for completion of the work required of the agent or
contractor shall be provided to such agent or contractor;
(3) A commercial parking company requiring the names and addresses
of registered owners to notify them of outstanding parking violations.
Subject to the disclosure agreement provisions of RCW ((46.12.380))
46.12.635 and the requirements of Executive Order 97-01, the department
may provide only the parts of the list that are required for completion
of the work required of the company;
(4) An authorized agent or contractor of the department, to be used
only in connection with providing motor vehicle excise tax, licensing,
title, and registration information to motor vehicle dealers;
(5) Any business regularly making loans to other persons to finance
the purchase of motor vehicles, to be used to assist the person
requesting the list to determine ownership of specific vehicles for the
purpose of determining whether or not to provide such financing; or
(6) A company or its agents operating a toll facility under chapter
47.46 RCW or other applicable authority requiring the names, addresses,
and vehicle information of motor vehicle registered owners to identify
toll violators.
Where both a mailing address and residence address are recorded on
the vehicle record and are different, only the mailing address will be
disclosed. Both addresses will be disclosed in response to requests
for disclosure from courts, law enforcement agencies, or government
entities with enforcement, investigative, or taxing authority and only
for use in the normal course of conducting their business.
If a list of registered and legal owners of motor vehicles is used
for any purpose other than that authorized in this section, the
manufacturer, governmental agency, commercial parking company,
authorized agent, contractor, financial institution, toll facility
operator, or their authorized agents or contractors responsible for the
unauthorized disclosure or use will be denied further access to such
information by the department of licensing.
Sec. 38 RCW 46.12.700 and 2010 c 161 s 322 are each amended to
read as follows:
(1) Titling options. An owner of a manufactured home shall
establish ownership in the manufactured home by either:
(a) Applying for a certificate of title as required under this
chapter; or
(b) Eliminating the certificate of title under chapter 65.20 RCW.
(2) Exemption. This section does not apply to a manufactured home
held for resale by a dealer or manufacturer.
(3) Transferring ownership. A registered owner of record must sign
the certificate of title releasing the owner's interest when
transferring ownership of a manufactured home. If the ((mobile))
manufactured home was manufactured before June 15, 1976, the registered
owner must sign an affidavit on a form approved by the department. The
affidavit must state that the purchaser was notified that failure of
the ((mobile)) manufactured home to meet federal housing and urban
development standards or failure of the ((mobile)) manufactured home to
meet a fire and safety inspection by the department of labor and
industries may result in denial by a local jurisdiction of a permit to
site the ((mobile)) manufactured home.
(4) Evidence of taxes paid. Before accepting an application for a
certificate of title for a manufactured home, the department, county
auditor or other agent, or subagent appointed by the director shall
require the applicant to provide evidence that any taxes due on the
sale of the manufactured home under chapters 82.45 and 84.52 RCW have
been paid. Acceptable evidence includes a copy of:
(a) The real estate excise tax affidavit that has been stamped by
the county treasurer; or
(b) A treasurer certificate that is prepared by the treasurer of
the county in which a used manufactured home is located and that states
that all property taxes due upon the used manufactured home being sold
have been satisfied.
(5) County assessor notification. The department shall notify the
county assessor of the county where the manufactured home is located
when ownership of a manufactured home is transferred. The notification
must include the name and address of the former owner and the new
owner.
(6) Title elimination. The certificate of title for a manufactured
home may be eliminated or not issued when the manufactured home is
registered under chapter 65.20 RCW. If the certificate of title is
eliminated or not issued, the application must be recorded in the
county property records of the county where the real property to which
the home is affixed is located. All vehicle license fees and taxes
applicable to manufactured homes under this chapter are due and must be
collected before recording the ownership with the county auditor.
(7) Rules. The department may adopt rules as necessary to
implement this section.
Sec. 39 RCW 46.12.730 and 2010 c 8 s 9009 are each amended to
read as follows:
Unless a claim of ownership to the article or articles is
established pursuant to RCW ((46.12.330)) 46.12.735, the law
enforcement agency seizing the vehicle, watercraft, camper, or
component part thereof may dispose of them by destruction, by selling
at public auction to the highest bidder, or by holding the article or
articles for the official use of the agency, when:
(1) The true identity of the article or articles cannot be
established by restoring the original manufacturer's serial number or
other distinguishing numbers or identification marks or by any other
means;
(2) After the true identity of the article or articles has been
established, the seizing law enforcement agency cannot locate the
person who is the lawful owner or if such lawful owner or his or her
successor in interest fails to claim the article or articles within
forty-five days after receiving notice from the seizing law enforcement
agency that the article or articles is in its possession.
No disposition of the article or articles pursuant to this section
shall be undertaken until at least sixty days have elapsed from the
date of seizure and written notice of the right to a hearing to
establish a claim of ownership pursuant to RCW ((46.12.330)) 46.12.735
and of the potential disposition of the article or articles shall have
first been served upon the person who held possession or custody of the
article when it was impounded and upon any other person who, prior to
the final disposition of the article, has notified the seizing law
enforcement agency in writing of a claim to ownership or lawful right
to possession thereof.
Sec. 40 RCW 46.12.735 and 1981 c 67 s 27 are each amended to read
as follows:
(1) Any person may submit a written request for a hearing to
establish a claim of ownership or right to lawful possession of the
vehicle, watercraft, camper, or component part thereof seized pursuant
to this section.
(2) Upon receipt of a request for hearing, one shall be held before
the chief law enforcement officer of the seizing agency or an
administrative law judge appointed under chapter 34.12 RCW.
(3) Such hearing shall be held within a reasonable time after
receipt of a request therefor. Reasonable investigative activities,
including efforts to establish the identity of the article or articles
and the identity of the person entitled to the lawful possession or
custody of the article or articles shall be considered in determining
the reasonableness of the time within which a hearing must be held.
(4) The hearing and any appeal therefrom shall be conducted in
accordance with Title 34 RCW.
(5) The burden of producing evidence shall be upon the person
claiming to be the lawful owner or to have the lawful right of
possession to the article or articles.
(6) Any person claiming ownership or right to possession of an
article or articles subject to disposition under RCW ((46.12.310))
46.12.725 through ((46.12.340)) 46.12.740 may remove the matter to a
court of competent jurisdiction if the aggregate value of the article
or articles involved is two hundred dollars or more. In a court
hearing between two or more claimants to the article or articles
involved, the prevailing party shall be entitled to judgment for costs
and reasonable attorney's fees. For purposes of this section the
seizing law enforcement agency shall not be considered a claimant.
(7) The seizing law enforcement agency shall promptly release the
article or articles to the claimant upon a determination by the
administrative law judge or court that the claimant is the present
lawful owner or is lawfully entitled to possession thereof.
Sec. 41 RCW 46.12.740 and 1975-'76 2nd ex.s. c 91 s 5 are each
amended to read as follows:
The seizing law enforcement agency may release the article or
articles impounded pursuant to this section to the person claiming
ownership without a hearing pursuant to RCW ((46.12.330)) 46.12.735
when such law enforcement agency is satisfied after an appropriate
investigation as to the claimant's right to lawful possession. If no
hearing is contemplated as provided for in RCW ((46.12.330)) 46.12.735
such release shall be within a reasonable time following seizure.
Reasonable investigative activity, including efforts to establish the
identity of the article or articles and the identity of the person
entitled to lawful possession or custody of the article or articles
shall be considered in determining the reasonableness of the time in
which release must be made.
Sec. 42 RCW 46.12.745 and 1979 c 158 s 138 are each amended to
read as follows:
An identification number shall be assigned to any article impounded
pursuant to RCW ((46.12.310)) 46.12.725 in accordance with the rules
promulgated by the department of licensing prior to:
(1) The release of the article from the custody of the seizing
agency; or
(2) The use of the article by the seizing agency.
Sec. 43 RCW 46.16A.030 and 2010 c 270 s 1, 2010 c 217 s 5, and
2010 c 161 s 403 are each reenacted and amended to read as follows:
(1) Vehicles must be registered as required by this chapter and
must display license plates or decals assigned by the department.
(2) It is unlawful for a person to operate any vehicle on a public
highway of this state without having in full force and effect a current
and proper vehicle registration and displaying license plates on the
vehicle.
(3) Vehicle license plates or registration certificates, whether
original issues or duplicates, may not be issued or furnished by the
department until the applicant makes satisfactory application for a
certificate of title or presents satisfactory evidence that a
certificate of title covering the vehicle has been previously issued.
(4) Failure to make initial registration before operating a vehicle
on the public highways of this state is a traffic infraction. A person
committing this infraction ((shall)) must pay a ((penalty)) fine of
five hundred twenty-nine dollars, which may not be suspended, deferred,
or reduced. This fine is in addition to any delinquent taxes and fees
that must be deposited and distributed in the same manner as if the
taxes and fees were properly paid in a timely fashion. The five
hundred twenty-nine dollar fine must be deposited into the vehicle
licensing fraud account created in the state treasury in RCW 46.68.250.
(5) Failure to renew an expired registration before operating a
vehicle on the public highways of this state is a traffic infraction.
(6) It is a gross misdemeanor for a resident, as identified in RCW
46.16A.140, to register a vehicle in another state, evading the payment
of any tax or vehicle license fee imposed in connection with
registration. It is punishable, in lieu of the fine in subsection (4)
of this section, as follows:
(a) For a first offense((,)):
(i) Up to one year in the county jail ((and));
(ii) Payment of a fine of five hundred twenty-nine dollars plus
((twice the amount of delinquent taxes and fees, no part of)) any
applicable assessments, which may not be suspended, deferred, or
reduced. The fine of five hundred twenty-nine dollars must be
deposited into the vehicle licensing fraud account created in the state
treasury in RCW 46.68.250;
(iii) A fine of one thousand dollars to be deposited into the
vehicle licensing fraud account created in the state treasury in RCW
46.68.250, which may not be suspended, deferred, or reduced; and
(iv) The delinquent taxes and fees, which must be deposited and
distributed in the same manner as if the taxes and fees were properly
paid in a timely fashion, and which may not be suspended ((or)),
deferred, or reduced;
(b) For a second or subsequent offense((,)):
(i) Up to one year in the county jail ((and));
(ii) Payment of a fine of five hundred twenty-nine dollars plus
((four times the amount of delinquent taxes and fees, no part of)) any
applicable assessments, which may not be suspended, deferred, or
reduced. The fine of five hundred twenty-nine dollars must be
deposited into the vehicle licensing fraud account created in the state
treasury in RCW 46.68.250;
(iii) A fine of five thousand dollars to be deposited into the
vehicle licensing fraud account created in the state treasury in RCW
46.68.250, which may not be suspended ((or)), deferred, or reduced;
(((c) For fines levied under (b) of this subsection, an amount
equal to the avoided taxes and fees owed will be deposited in the
vehicle licensing fraud account created in the state treasury;)) and
(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
(iv) The amount of delinquent taxes and fees, which must be
deposited and distributed in the same manner as if the taxes and fees
were properly paid in a timely fashion, and which may not be suspended,
deferred, or reduced.
(7) 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. 44 RCW 46.16A.070 and 2010 c 161 s 414 are each amended to
read as follows:
(1) The department may refuse to issue or may cancel a registration
certificate at any time when the department determines that an
applicant for registration is not entitled to ((one)) a registration
certificate. Notice of cancellation may be accomplished by sending a
notice by first-class mail using the last known address in department
records for the registered or legal owner or owners, and completing an
affidavit of first-class mail. It is unlawful for any person to
remove, drive, or operate the vehicle until a proper registration
certificate has been issued. A person removing, driving, or operating
a vehicle after the refusal to issue or cancellation of the
registration is guilty of a gross misdemeanor.
(2)(a) The suspension, revocation, cancellation, or refusal by the
director of a registration certificate provided under this chapter is
conclusive unless the person whose registration or certificate is
suspended, revoked, canceled, or refused appeals to the superior court
of Thurston county or the person's county of residence.
(((a))) (b) Notice of appeal must be filed within ten days after
receipt of the notice of suspension, revocation, cancellation, or
refusal. Upon the filing of the notice of appeal, the court shall
issue an order to the director to show cause why the registration
should not be granted or reinstated and return the order not less than
ten days after the date of service to the director. Service must be in
the same manner as prescribed for the service of a summons and
complaint in other civil actions.
(((b))) (c) Upon the hearing on the order to show cause, the court
shall hear evidence concerning matters with reference to the
suspension, revocation, cancellation, or refusal of the registration
and shall enter judgment either affirming or setting aside the
suspension, revocation, cancellation, or refusal.
Sec. 45 RCW 46.16A.080 and 2010 c 161 s 404 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;
(((6))) (7) Motorized foot scooters;
(((7))) (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;
(((8))) (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;
(((9))) (10) Special highway construction equipment;
(((10))) (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;
(((11))) (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;
(((12))) (13) Tow dollies;
(((13))) (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
(((14))) (15) Vehicles used by the state parks and recreation
commission exclusively for park maintenance and operations upon public
highways within state parks.
Sec. 46 RCW 46.16A.200 and 2010 c 161 s 422 are each amended to
read as follows:
(1) Design. All license plates may be obtained by the director
from the metal working plant of a state correctional facility or from
any source in accordance with existing state of Washington purchasing
procedures. License plates:
(a) May vary in background, color, and design;
(b) Must be legible and clearly identifiable as a Washington state
license plate;
(c) Must designate the name of the state of Washington without
abbreviation;
(d) Must be treated with fully reflectorized materials designed to
increase visibility and legibility at night;
(e) Must be of a size and color and show the registration period as
determined by the director; and
(f) Before July 1, 2010, may display a symbol or artwork approved
by the former special license plate review board and the legislature.
Beginning July 1, 2010, special license plate series approved by the
department and enacted into law by the legislature may display a symbol
or artwork approved by the department.
(2) Exceptions to reflectorized materials. License plates issued
before January 1, 1968, are not required to be treated with
reflectorized materials.
(3) Dealer license plates. License plates issued to a dealer must
contain an indication that the license plates have been issued to a
vehicle dealer.
(4)(a) Furnished. The director shall furnish to all persons making
satisfactory application for a vehicle registration:
(i) Two identical license plates each containing the license plate
number; or
(ii) One license plate if the vehicle is a trailer, semitrailer,
camper, moped, collector vehicle, horseless carriage, or motorcycle.
(b) The director may adopt types of license plates to be used as
long as the license plates are legible.
(5)(a) Display. License plates must be:
(i) Attached conspicuously at the front and rear of each vehicle if
two license plates have been issued;
(ii) Attached to the rear of the vehicle if one license plate has
been issued;
(iii) Kept clean and be able to be plainly seen and read at all
times; and
(iv) Attached in a horizontal position at a distance of not more
than four feet from the ground.
(b) The Washington state patrol may grant exceptions to this
subsection if the body construction of the vehicle makes compliance
with this section impossible.
(6) Change of license classification. A person who has altered a
vehicle that makes the current license plate or plates invalid for the
vehicle's use shall:
(a) Surrender the current license plate or plates to the
department, county auditor or other agent, or subagent appointed by the
director;
(b) Apply for a new license plate or plates; and
(c) Pay a change of classification fee required under RCW
46.17.310.
(7) Unlawful acts. It is unlawful to:
(a) Display a license plate or plates on the front or rear of any
vehicle that were not issued by the director for the vehicle;
(b) Display a license plate or plates on any vehicle that have been
changed, altered, or disfigured, or have become illegible;
(c) Use holders, frames, or other materials that change, alter, or
make a license plate or plates illegible. License plate frames may be
used on license plates only if the frames do not obscure license tabs
or identifying letters or numbers on the plates and the license plates
can be plainly seen and read at all times;
(d) Operate a vehicle unless a valid license plate or plates are
attached as required under this section;
(e) Transfer a license plate or plates issued under this chapter
between two or more vehicles without first making application to
transfer the license plates. A violation of this subsection (7)(e) is
a traffic infraction subject to a fine not to exceed five hundred
dollars. Any law enforcement agency that determines that a license
plate or plates have been transferred between two or more vehicles
shall confiscate the license plate or plates and return them to the
department for nullification along with full details of the reasons for
confiscation. Each vehicle identified in the transfer will be issued
a new license plate or plates upon application by the owner or owners
and the payment of full fees and taxes; or
(f) Fail, neglect, or refuse to endorse the registration
certificate and deliver the license plate or plates to the purchaser or
transferee of the vehicle, except as authorized under this section.
(8) Transfer. (a) Standard issue license plates follow the vehicle
when ownership of the vehicle changes unless the registered owner
wishes to retain the license plates and transfer them to a replacement
vehicle of the same use. A registered owner wishing to keep standard
issue license plates shall pay the license plate transfer fee required
under RCW 46.17.200(1)(c) when applying for license plate transfer.
(b) Special license plates and personalized license plates may be
treated in the same manner as described in (a) of this subsection
unless otherwise limited by law.
(c) License plates issued to the state or any county, city, town,
school district, or other political subdivision entitled to exemption
as provided by law may be treated in the same manner as described in
(a) of this subsection.
(9) Replacement. (a) An owner or the owner's authorized
representative shall apply for a replacement license plate or plates if
the current license plate or plates assigned to the vehicle have been
lost, defaced, or destroyed, or if one or both plates have become so
illegible or are in such a condition as to be difficult to distinguish.
An owner or the owner's authorized representative may apply for a
replacement license plate or plates at any time the owner chooses.
(b) The application for a replacement license plate or plates must:
(i) Be on a form furnished or approved by the director; and
(ii) Be accompanied by the fee required under RCW 46.17.200(1)(a).
(c) The department shall not require the payment of any fee to
replace a license plate or plates for vehicles owned, rented, or leased
by foreign countries or international bodies to which the United States
government is a signatory by treaty.
(10)(((a))) Periodic replacement. License plates must be replaced
periodically to ensure maximum legibility and reflectivity. The
department shall:
(((i))) (a) Use empirical studies documenting the longevity of the
reflective materials used to make license plates;
(((ii))) (b) Determine how frequently license plates must be
replaced; and
(((iii))) (c) Offer to owners the option of retaining the current
license plate number when obtaining replacement license plates for the
fee required in RCW 46.17.200(1)(b).
(((b) Commercial motor vehicles with a gross weight in excess of
twenty-six thousand pounds are exempt from periodic license plate
replacement.))
(11) Periodic replacement -- Exceptions. The following license
plates are not required to be periodically replaced as required in
subsection (10) of this section:
(a) Horseless carriage license plates issued under RCW 46.18.255
before January 1, 1987;
(b) Congressional Medal of Honor license plates issued under RCW
46.18.230;
(c) License plates for commercial motor vehicles with a gross
weight greater than twenty-six thousand pounds.
(12) Rules. The department may adopt rules to implement this
section.
(13) Tabs or emblems. The director may issue tabs or emblems to be
attached to license plates or elsewhere on the vehicle to signify
initial registration and renewals. Renewals become effective when tabs
or emblems have been issued and properly displayed on license plates.
Sec. 47 RCW 46.16A.210 and 1990 c 250 s 8 are each amended to
read as follows:
((Vehicle)) License plate emblems and veteran remembrance emblems
((shall)) must use fully reflectorized materials designed to provide
visibility at night. Emblems ((shall)) must be designed to be affixed
to a ((vehicle)) license ((number)) plate by pressure-sensitive
adhesive so as not to obscure the plate identification numbers or
letters.
Emblems ((will)) must be issued for display on the front and rear
license ((number)) plates. Single emblems ((will)) must be issued for
vehicles authorized to display one license ((number)) plate.
Sec. 48 RCW 46.16A.215 and 1994 c 194 s 5 are each amended to
read as follows:
(1) The director may adopt fees to be charged by the department for
emblems issued by the department under RCW ((46.16.319)) 46.18.295.
(2) The fee for each remembrance emblem issued under RCW
((46.16.319)) 46.18.295 shall be in an amount sufficient to offset the
costs of production of remembrance emblems and the administration of
that program by the department plus an amount for use by the department
of veterans affairs, not to exceed a total fee of twenty-five dollars
per emblem.
(3) The veterans' emblem account is created in the custody of the
state treasurer. All receipts by the department from the issuance of
remembrance emblems under RCW ((46.16.319)) 46.18.295 shall be
deposited into this fund. Expenditures from the fund may be used only
for the costs of production of remembrance emblems and administration
of the program by the department of licensing, with the balance used
only by the department of veterans affairs for projects that pay
tribute to those living veterans and to those who have died defending
freedom in our nation's wars and conflicts and for the upkeep and
operations of existing memorials, as well as for planning, acquiring
land for, and constructing future memorials. Only the director of
licensing, the director of veterans affairs, or their designees may
authorize expenditures from the fund. The fund is subject to allotment
procedures under chapter 43.88 RCW, but no appropriation is required
for expenditures.
Sec. 49 RCW 46.16A.455 and 2010 c 161 s 419 are each amended to
read as follows:
(1) Auto stage, bus, for hire vehicle - more than six seats. The
declared gross weight for an auto stage, bus, or for hire vehicle,
except taxicabs, with a seating capacity of more than six is determined
by:
(a) Multiplying the number of seats, including the driver, times
one hundred fifty pounds per seat;
(b) Adding the scale weight to the product derived in (a) of this
subsection; and
(c) Locating the sum derived in (b) of this subsection in the
registration fee based on declared gross weight table provided in RCW
46.17.355 and rounding up to the next greater weight.
(2) Motor truck, road tractor, truck, truck tractor -sufficient
declared gross weight required. The declared gross weight for a motor
truck, road tractor, truck, or truck tractor must have a sufficient
declared gross weight, as required under chapter 46.44 RCW, to cover:
(a) Its empty scale weight plus the maximum load it will carry; and
(b) The empty scale weight of any trailer it will tow and the
maximum load that the trailer will carry. The declared gross weight of
the motor vehicle does not need to include the trailer if:
(i) The empty scale weight of the trailer and the maximum load the
trailer will carry does not exceed four thousand pounds; or
(ii) The trailer is for personal use, such as a horse trailer,
travel trailer, or utility trailer.
(3) Motor truck, road tractor, truck, and truck tractor -exceeding
six thousand pounds empty scale weight. Every truck, motor truck,
truck tractor, and tractor exceeding six thousand pounds empty scale
weight registered under this chapter ((46.16)) or chapter 46.87 RCW
must be licensed for not less than one hundred fifty percent of its
empty weight unless:
(a) The amount would exceed the legal limits described in RCW
46.44.041 or 46.44.042, in which event the vehicle must be licensed for
the maximum weight authorized for the vehicle; or
(b) The vehicle is a fixed load vehicle.
(4) Increasing declared gross weight. The following provisions
apply when increasing declared gross weight for a motor vehicle
licensed under this section:
(a) The declared gross weight must be increased to the end of the
current registration year when the declared gross weight remains at
12,000 pounds or less.
(b) For motor vehicles increasing to a declared gross weight of
14,000 pounds or more, the declared gross weight must be increased, at
a minimum, to the expiration of the current declared gross weight
license.
(c) The new license fee is one-twelfth of the annual license fee
listed in RCW 46.17.355 for each of the number of months remaining in
the registration period. The department shall:
(i) Apply credit to any gross weight license fees already paid for
the full months remaining in the registration period;
(ii) Charge the monthly declared gross weight license fee required
under RCW 46.17.360, in addition to any other fees or taxes due; and
(iii) Not apply credit to monthly declared gross weight license
fees already used.
(d) (c) of this subsection does not apply to motor vehicles
described in (a) of this subsection.
(e) Upon surrender of the current registration certificate or cab
card, credit must be applied as described in (c) of this subsection.
(5) Monthly license -- Authorized. The annual license fees required
in RCW 46.17.355 for any motor vehicle or combination of vehicles
having a declared gross weight of twelve thousand one pounds or more
may be paid for any full registration month or months at one-twelfth of
the annual license fee plus the monthly declared gross weight license
fee required in RCW 46.17.360. This sum must be multiplied by the
number of full months for which the fees are paid if for less than a
full year.
(6) Monthly license -- Penalty. Operation of a vehicle registered
under subsection (5) of this section by any person upon the public
highways after the expiration of the monthly license is a traffic
infraction. The person shall pay a license fee for the vehicle
involved covering an entire registration year's operation, less the
fees for any registration month or months of the registration year
already paid. If, within five days, a license fee for a full
registration year has not been paid as required, the Washington state
patrol, county sheriff, or city police shall impound the vehicle until
the fees have been paid.
(7) Camper, school bus -- Exemptions. (a) The weight of a camper
must not be included when determining declared gross weight.
(b) Motor vehicles used for the transportation of school children
or teachers to and from school and other school activities are exempt
from subsection (1) of this section and the seating capacity fee
provided in RCW 46.17.340. If the motor vehicle is used for any other
purpose, it must be appropriately registered as required under this
chapter.
(8) Credit for unused license fee. A registered owner of a motor
vehicle with a declared gross weight of more than twelve thousand
pounds may obtain credit for the unused portion of the license fee paid
or transfer the credit to a new owner under the following conditions:
(a) The motor vehicle must have been recently sold or transferred
to another owner, is no longer in the possession of the owner, or is
reported destroyed under RCW 46.12.600;
(b) The available credit must be fifteen dollars or more;
(c) Credit will be given for any unused months of the declared
gross weight license already purchased at the rate of one-twelfth for
each full or partial month of registration;
(d) Credit only applies to license fees due under RCW 46.17.355 for
the registration year for which it was purchased;
(e) Credit as used in this section may not be refunded.
Sec. 50 RCW 46.16A.510 and 1986 c 186 s 5 are each amended to
read as follows:
The director, the state of Washington, and its political
subdivisions ((shall be)) are immune from civil liability arising from
the issuance of a vehicle ((license)) registration or license plates to
a nonroadworthy vehicle.
Sec. 51 RCW 46.16A.530 and 1961 c 12 s 46.16.180 are each amended
to read as follows:
It ((shall be)) is unlawful for the owner or operator of any
vehicle not ((licensed)) registered annually for hire or as an auto
stage and for which additional seating capacity fee as required by this
chapter has not been paid, to carry passengers therein for hire.
Sec. 52 RCW 46.16A.540 and 1986 c 18 s 13 are each amended to
read as follows:
It is a traffic infraction for any person to operate, or cause,
permit, or suffer to be operated upon a public highway of this state
any bus, auto stage, motor truck, truck tractor, or tractor, with
passengers, or with a maximum gross weight, in excess of that for which
the motor vehicle or combination is ((licensed)) registered.
Any person who operates or causes to be operated upon a public
highway of this state any motor truck, truck tractor, or tractor with
a maximum gross weight in excess of the maximum gross weight for which
the vehicle is ((licensed)) registered shall be deemed to have set a
new maximum gross weight and shall, in addition to any penalties
otherwise provided, be required to purchase a new ((license))
registration covering the new maximum gross weight, and any failure to
secure such new ((license)) registration is a traffic infraction. No
such person may be permitted or required to purchase the new
((license)) registration for a gross weight or combined gross weight
which would exceed the maximum gross weight or combined gross weight
allowed by law. This section does not apply to for hire vehicles,
buses, or auto stages operating principally within cities and towns.
Sec. 53 RCW 46.16A.545 and 1979 ex.s. c 136 s 48 are each amended
to read as follows:
Any person violating any of the provisions of RCW ((46.16.140))
46.16A.540 shall, upon a first offense, pay a penalty of not less than
twenty-five dollars nor more than fifty dollars; upon a second offense
pay a penalty of not less than fifty dollars nor more than one hundred
dollars, and in addition the court may suspend the registration
certificate ((of license registration)) of the vehicle for not more
than thirty days; upon a third and subsequent offense pay a penalty of
not less than one hundred dollars nor more than two hundred dollars,
and in addition the court shall suspend the registration certificate
((of license registration)) of the vehicle for not less than thirty
days nor more than ninety days.
Upon ordering the suspension of any registration certificate ((of
license registration)), the court or judge shall forthwith secure
((such)) the registration certificate and mail it to the director.
Sec. 54 RCW 46.17.040 and 2010 c 161 s 506 are each amended to
read as follows:
A subagent appointed by the director shall collect a service fee
of:
(1) ((Ten)) Twelve dollars for changes in a certificate of title,
with or without registration renewal, or for verification of record and
preparation of an affidavit of lost title other than at the time of the
certificate of title application or transfer; and
(2) ((Four)) Five dollars for a registration renewal, issuing a
transit permit, or any other service under this section.
Sec. 55 RCW 46.17.210 and 2010 c 161 s 520 are each amended to
read as follows:
In addition to all fees and taxes required to be paid upon
application for a vehicle registration under chapter ((46.16)) 46.16A
RCW, the holder of a personalized license plate shall pay an initial
fee of forty-two dollars and thirty-two dollars for each renewal. The
personalized license plate fee must be distributed as provided in RCW
46.68.435.
Sec. 56 RCW 46.17.220 and 2010 c 161 s 521 are each amended to
read as follows:
(1) In addition to all fees and taxes required to be paid upon
application for a vehicle registration in chapter ((46.16)) 46.16A RCW,
the holder of a special license plate shall pay the appropriate special
license plate fee as listed in this section.
| PLATE TYPE | INITIAL FEE | RENEWAL FEE | DISTRIBUTED UNDER |
| $ 5.00 | N/A | RCW 46.68.070 | |
| (b) Armed forces | $ 40.00 | $ 30.00 | RCW 46.68.425 |
| (c) Baseball stadium | $ 40.00 | $ 30.00 | Subsection (2) of this section |
| (d) Collector vehicle | $ 35.00 | N/A | RCW 46.68.030 |
| (e) Collegiate | $ 40.00 | $ 30.00 | RCW 46.68.430 |
| (f) Endangered wildlife | $ 40.00 | $ 30.00 | RCW 46.68.425 |
| $ 40.00 | $ 30.00 | RCW 46.68.420 | |
| (h) Helping kids speak | $ 40.00 | $ 30.00 | RCW 46.68.420 |
| (i) Horseless carriage | $ 35.00 | N/A | RCW 46.68.030 |
| (j) Keep kids safe | $ 45.00 | $ 30.00 | RCW 46.68.425 |
| $ 40.00 | $ 30.00 | RCW 46.68.420 | |
| $ 5.00 | N/A | RCW 46.68.070 | |
| $ 40.00 | $ 30.00 | RCW 46.68.420 | |
| (n) Ride share | $ 25.00 | N/A | RCW 46.68.030 |
| (o) Share the road | $ 40.00 | $ 30.00 | RCW 46.68.420 |
| $ 40.00 | $ 30.00 | RCW 46.68.420 | |
| (q) Square dancer | $ 40.00 | N/A | RCW 46.68.070 |
| $ 40.00 | $ 30.00 | RCW 46.68.420 | |
| (s) Washington state parks | $ 40.00 | $ 30.00 | RCW 46.68.425 |
| $ 40.00 | $ 30.00 | RCW 46.68.420 | |
| $ 40.00 | $ 30.00 | RCW 46.68.425 | |
| (v) We love our pets | $ 40.00 | $ 30.00 | RCW 46.68.420 |
| (w) Wild on Washington | $ 40.00 | $ 30.00 | RCW 46.68.425 |
Sec. 57 RCW 46.17.230 and 2010 c 161 s 519 are each amended to
read as follows:
Before accepting an application for a replacement license tab or
windshield emblem, the department, county auditor or other agent, or
subagent appointed by the director shall charge a one dollar fee for
each pair of tabs or windshield emblem. The license tab or windshield
emblem replacement fee must be deposited in the motor vehicle fund
created in RCW 46.68.070.
Sec. 58 RCW 46.17.355 and 2010 c 161 s 530 are each amended to
read as follows:
(1) In lieu of the vehicle license fee required under RCW 46.17.350
and before accepting an application for a vehicle registration for
motor vehicles described in RCW 46.16A.455, the department, county
auditor or other agent, or subagent appointed by the director shall
require the applicant, unless specifically exempt, to pay the following
license fee by weight:
| WEIGHT | SCHEDULE A | SCHEDULE B |
| 4,000 pounds | $ 38.00 | $ 38.00 |
| 6,000 pounds | $ 48.00 | $ 48.00 |
| 8,000 pounds | $ 58.00 | $ 58.00 |
| 10,000 pounds | $ 60.00 | $ 60.00 |
| 12,000 pounds | $ 77.00 | $ 77.00 |
| 14,000 pounds | $ 88.00 | $ 88.00 |
| 16,000 pounds | $ 100.00 | $ 100.00 |
| 18,000 pounds | $ 152.00 | $ 152.00 |
| 20,000 pounds | $ 169.00 | $ 169.00 |
| 22,000 pounds | $ 183.00 | $ 183.00 |
| 24,000 pounds | $ 198.00 | $ 198.00 |
| 26,000 pounds | $ 209.00 | $ 209.00 |
| 28,000 pounds | $ 247.00 | $ 247.00 |
| 30,000 pounds | $ 285.00 | $ 285.00 |
| 32,000 pounds | $ 344.00 | $ 344.00 |
| 34,000 pounds | $ 366.00 | $ 366.00 |
| 36,000 pounds | $ 397.00 | $ 397.00 |
| 38,000 pounds | $436.00 | $436.00 |
| 40,000 pounds | $ 499.00 | $ 499.00 |
| 42,000 pounds | $ 519.00 | $ 609.00 |
| 44,000 pounds | $ 530.00 | $ 620.00 |
| 46,000 pounds | $ 570.00 | $ 660.00 |
| 48,000 pounds | $ 594.00 | $ 684.00 |
| 50,000 pounds | $ 645.00 | $ 735.00 |
| 52,000 pounds | $ 678.00 | $ 768.00 |
| 54,000 pounds | $ 732.00 | $ 822.00 |
| 56,000 pounds | $ 773.00 | $ 863.00 |
| 58,000 pounds | $ 804.00 | $ 894.00 |
| 60,000 pounds | $ 857.00 | $ 947.00 |
| 62,000 pounds | $ 919.00 | $ 1,009.00 |
| 64,000 pounds | $ 939.00 | $ 1,029.00 |
| 66,000 pounds | $ 1,046.00 | $ 1,136.00 |
| 68,000 pounds | $ 1,091.00 | $ 1,181.00 |
| 70,000 pounds | $ 1,175.00 | $ 1,265.00 |
| 72,000 pounds | $ 1,257.00 | $ 1,347.00 |
| 74,000 pounds | $ 1,366.00 | $ 1,456.00 |
| 76,000 pounds | $ 1,476.00 | $ 1,566.00 |
| 78,000 pounds | $ 1,612.00 | $ 1,702.00 |
| 80,000 pounds | $ 1,740.00 | $ 1,830.00 |
| 82,000 pounds | $ 1,861.00 | $ 1,951.00 |
| 84,000 pounds | $ 1,981.00 | $ 2,071.00 |
| 86,000 pounds | $ 2,102.00 | $ 2,192.00 |
| 88,000 pounds | $ 2,223.00 | $ 2,313.00 |
| 90,000 pounds | $ 2,344.00 | $ 2,434.00 |
| 92,000 pounds | $ 2,464.00 | $ 2,554.00 |
| 94,000 pounds | $ 2,585.00 | $ 2,675.00 |
| 96,000 pounds | $ 2,706.00 | $ 2,796.00 |
| 98,000 pounds | $ 2,827.00 | $ 2,917.00 |
| 100,000 pounds | $ 2,947.00 | $ 3,037.00 |
| 102,000 pounds | $ 3,068.00 | $ 3,158.00 |
| 104,000 pounds | $ 3,189.00 | $ 3,279.00 |
| 105,500 pounds | $ 3,310.00 | $ 3,400.00 |
Sec. 59 RCW 46.17.400 and 2010 c 161 s 535 are each amended to
read as follows:
(1) Before accepting an application for one of the following
permits, the department, county auditor or other agent, or subagent
appointed by the director shall require the applicant to pay the
following permit fee by permit type in addition to any other fee or tax
required by law:
| PERMIT TYPE | FEE | AUTHORITY | DISTRIBUTION |
| (a) Dealer temporary | $15.00 | RCW 46.16A.300 | RCW 46.68.030 |
| (b) Department temporary | $.50 | RCW 46.16A.305 | RCW 46.68.450 |
| (c) Farm vehicle trip | $6.25 | RCW 46.16A.330 | RCW 46.68.035 |
| (d) Nonresident military | $10.00 | RCW 46.16A.340 | RCW 46.68.070 |
| (e) Nonresident temporary snowmobile | $5.00 | RCW 46.10.450 | RCW 46.68.350 |
| (f) Special fuel trip | $(( | RCW 82.38.100 | RCW 46.68.460 |
| (g) Temporary ORV use | $7.00 | RCW 46.09.430 | RCW 46.68.045 |
| (h) Vehicle trip | $(( | RCW 46.16A.320 | RCW 46.68.455 |
Sec. 60 RCW 46.18.010 and 1997 c 291 s 7 are each amended to read
as follows:
Persons applying to the department for special license plates shall
apply on forms obtained from the department and in accordance with RCW
((46.16.040)) 46.16A.040. The applicant shall provide all information
as is required by the department in order to determine the applicant's
eligibility for the special license plates.
Sec. 61 RCW 46.18.020 and 2010 c 161 s 631 are each amended to
read as follows:
The director shall adopt rules to implement this chapter ((46.18
RCW)), including the setting of fees.
Sec. 62 RCW 46.18.050 and 2010 1st sp.s. c 7 s 93 and 2010 c 161
s 603 are each reenacted and amended to read as follows:
(((1) The board shall meet periodically at the call of the chair,
but must meet at least once each year within ninety days before an
upcoming regular session of the legislature. The board may adopt its
own rules and may establish its own procedures. It shall act
collectively in harmony with recorded resolutions or motions adopted by
a majority vote of the members, and it must have a quorum present to
take a vote on a special license plate application.)) The department shall:
(2) The board will be compensated from the general appropriation
for the department in accordance with RCW 43.03.250. Each board member
will be compensated in accordance with RCW 43.03.250 and reimbursed for
actual necessary traveling and other expenses in going to, attending,
and returning from meetings of the board or that are incurred in the
discharge of duties requested by the chair. However, a board member
may not be compensated in any year for more than one hundred twenty
days, except the chair may be compensated for not more than one hundred
fifty days. Service on the board does not qualify as a service credit
for the purposes of a public retirement system.
(3) The board shall keep proper records and is subject to audit by
the state auditor or other auditing entities.
(4) The department shall provide administrative support to the
board, which must include at least the following:
(a) Provide general staffing to meet the administrative needs of
the board;
(b) Report to the board on the reimbursement status of any new
special license plate series for which the state had to pay the start-up costs;
(c)
(1) Process special license plate applications and confirm that the
sponsoring organization has submitted all required documentation. If
an incomplete application is received, the department must return it to
the sponsoring organization; and
(((d))) (2) Compile the annual financial reports submitted by
sponsoring organizations with active special license plate series ((and
present those reports to the board for review and approval)).
Sec. 63 RCW 46.18.060 and 2010 1st sp.s. c 7 s 94 and 2010 c 161
s 604 are each reenacted and amended to read as follows:
(1) ((The creation of the board does not in any way preclude the
authority of the legislature to independently propose and enact special
license plate legislation.)) The ((
(2)board)) department must review and either approve or
reject special license plate applications submitted by sponsoring
organizations.
(((3))) (2) Duties of the ((board)) department include, but are not
limited to, the following:
(a) Review and approve the annual financial reports submitted by
sponsoring organizations with active special license plate series and
present those annual financial reports to the senate and house
transportation committees;
(b) Report annually to the senate and house of representatives
transportation committees on the special license plate applications
that were considered by the ((board)) department;
(c) Issue approval and rejection notification letters to sponsoring
organizations, the department, the chairs of the senate and house of
representatives transportation committees, and the legislative sponsors
identified in each application. The letters must be issued within
seven days of making a determination on the status of an application;
and
(d) Review annually the number of plates sold for each special
license plate series created after January 1, 2003. The ((board))
department may submit a recommendation to discontinue a special plate
series to the chairs of the senate and house of representatives
transportation committees((; and)).
(e) Provide policy guidance and directions to the department
concerning the adoption of rules necessary to limit the number of
special license plates for which an organization or a governmental
entity may apply
(((4))) (3) Except as provided in RCW 46.18.245, in order to assess
the effects and impact of the proliferation of special license plates,
the legislature declares a temporary moratorium on the issuance of any
additional plates until July 1, 2011. During this period of time,
((the special license plate review board created in RCW 46.16.705 and))
the department ((are)) is prohibited from accepting, reviewing,
processing, or approving any applications. Additionally, a special
license plate may not be enacted by the legislature during the
moratorium, unless the proposed license plate has been approved by the
former special license plate review board before February 15, 2005.
Sec. 64 RCW 46.18.110 and 2010 1st sp.s. c 7 s 95 and 2010 c 161
s 606 are each reenacted and amended to read as follows:
(1) A sponsoring organization meeting the requirements of RCW
46.18.100, applying for the creation of a special license plate ((to
the special license plate review board)) must, on an application
supplied by the department, provide the minimum application
requirements in subsection (2) of this section.
(2) The sponsoring organization shall:
(a) Submit prepayment of all start-up costs associated with the
creation and implementation of the special license plate in an amount
determined by the department. The department shall place this money
into the special license plate applicant trust account created under
RCW 46.68.380;
(b) Provide a proposed license plate design;
(c) Provide a marketing strategy outlining short and long-term
marketing plans for each special license plate and a financial analysis
outlining the anticipated revenue and the planned expenditures of the
revenues derived from the sale of the special license plate;
(d) Provide a signature of a legislative sponsor and proposed
legislation creating the special license plate;
(e) Provide proof of organizational qualifications as determined by
the department as provided for in RCW 46.18.100;
(f) Provide signature sheets that include signatures from
individuals who intend to purchase the special license plate and the
number of plates each individual intends to purchase. The sheets must
reflect a minimum of three thousand five hundred intended purchases of
the special license plate.
(3) After an application is approved by the ((special license plate
review board)) department, the application need not be reviewed again
((by the board)) for a period of three years.
Sec. 65 RCW 46.18.130 and 2010 1st sp.s. c 7 s 96 and 2010 c 161
s 607 are each reenacted and amended to read as follows:
(1) Revenues generated from the sale of special license plates for
those sponsoring organizations who used the application process in RCW
46.68.110 must be deposited into the motor vehicle fund created in RCW
46.68.070 until the department determines that the state's
implementation costs have been fully reimbursed.
(2) When it is determined that the state has been fully reimbursed
the department must notify the house of representatives and senate
transportation committees, the sponsoring organization, and the state
treasurer, and begin distributing the revenue as otherwise provided by
law.
(3) If reimbursement does not occur within two years from the date
the special license plate is first offered for sale to the public, the
special license plate series must be placed in probationary status for
a period of one year from that date. If the state is still not fully
reimbursed for its implementation costs after the one-year probation,
the special license plate series must be discontinued immediately.
Special license plates issued before discontinuation are valid until
replaced under RCW 46.16A.200(10).
(4) ((The special license plate applicant trust account is created
in the custody of the state treasurer. All receipts from special
license plate applicants must be deposited into the account. Only the
director of the department or the director's designee may authorize
disbursements from the account. The account is not subject to the
allotment procedures under chapter 43.88 RCW, nor is an appropriation
required for disbursements.)) The department shall:
(5)
(a) Provide the special license plate applicant with a written
receipt for the payment; and
(b) Maintain a record of each special license plate applicant trust
account deposit including, but not limited to, the name and address of
each special license plate applicant whose funds are being deposited,
the amount paid, and the date of the deposit.
(((6))) (5) After the department receives written notice that the
special license plate applicant's application has been approved by the
legislature, the director shall request that the money be transferred
to the motor vehicle fund created in RCW 46.68.070.
(((7))) (6) After the department receives written notice that the
special license plate applicant's application has been denied by the
department or the legislature, the director shall provide a refund to
the applicant within thirty days.
(((8))) (7) After the department receives written notice that the
special license plate applicant's application has been withdrawn by the
special license plate applicant, the director shall provide a refund to
the applicant within thirty days.
Sec. 66 RCW 46.18.200 and 2010 c 161 s 611 are each amended to
read as follows:
(1) ((The legislature recognizes that the special license plate
review board established in RCW 46.16.705 reviews and approves
applications for special license plate series.)) Special license plate series reviewed and approved by the
((
(2)special license plate review board)) department:
(a) May be issued in lieu of standard issue or personalized license
plates for vehicles required to display one and two license plates
unless otherwise specified;
(b) Must be issued under terms and conditions established by the
department;
(c) Must not be issued for vehicles registered under chapter 46.87
RCW; and
(d) Must display a symbol or artwork approved by the ((special
license plate review board)) department.
(((3) The special license plate review board approves, and)) (2)
The department approves and shall issue((,)) the following special
license plates:
| LICENSE PLATE | DESCRIPTION, SYMBOL, OR ARTWORK |
| Armed forces collection | Recognizes the contribution of veterans, active duty military personnel, reservists, and members of the national guard, and includes six separate designs, each containing a symbol representing a different branch of the armed forces to include army, navy, air force, marine corps, coast guard, and national guard. |
| Endangered wildlife | Displays a symbol or artwork, approved by the special license plate review board and the legislature. |
| Gonzaga University alumni association | Recognizes the Gonzaga University alumni association. |
| Helping kids speak | Recognizes an organization that supports programs that provide no-cost speech pathology programs to children. |
| Keep kids safe | Recognizes efforts to prevent child abuse and neglect. |
| Law enforcement memorial | Honors law enforcement officers in Washington killed in the line of duty. |
| Professional firefighters and paramedics | Recognizes professional firefighters and paramedics who are members of the Washington state council of firefighters. |
| Share the road | Recognizes an organization that promotes bicycle safety and awareness education. |
| Ski & ride Washington | Recognizes the Washington snowsports industry. |
| Washington lighthouses | Recognizes an organization that supports selected Washington state lighthouses and provides environmental education programs. |
| Washington state parks | Recognizes Washington state parks as premier destinations of uncommon quality that preserve significant natural, cultural, historical, and recreational resources. |
| Washington's national park fund | Builds awareness of Washington's national parks and supports priority park programs and projects in Washington's national parks, such as enhancing visitor experience, promoting volunteerism, engaging communities, and providing educational opportunities related to Washington's national parks. |
| Washington's wildlife collection | Recognizes Washington's wildlife. |
| We love our pets | Recognizes an organization that assists local member agencies of the federation of animal welfare and control agencies to promote and perform spay/neuter surgery on Washington state pets to reduce pet overpopulation. |
| Wild on Washington | Symbolizes wildlife viewing in Washington state. |
Sec. 67 RCW 46.18.220 and 2010 c 161 s 617 are each amended to
read as follows:
(1) A registered owner may apply to the department, county auditor
or other agent, or subagent appointed by the director for a collector
vehicle license plate for a motor vehicle that is at least thirty years
old. The motor vehicle must be operated primarily as a collector
vehicle and be in good running order. The applicant for the collector
vehicle license plate shall:
(a) Purchase a registration for the motor vehicle as required under
chapters ((46.16)) 46.16A and 46.17 RCW; and
(b) Pay the special license plate fee established under RCW
46.17.220(1)(d), in addition to any other fees or taxes required by
law.
(2) A person applying for a collector vehicle license plate may:
(a) Receive a collector vehicle license plate assigned by the
department; or
(b) Provide a Washington state issued license plate designated for
general use in the year of the vehicle's manufacture.
(3) Collector vehicle license plates:
(a) Are valid for the life of the motor vehicle;
(b) Are not required to be renewed; and
(c) Must be displayed on the rear of the motor vehicle.
(4) A collector vehicle registered under this section may only be
used for participation in club activities, exhibitions, tours, parades,
and occasional pleasure driving.
(5) Collector vehicle license plates may be transferred from one
motor vehicle to another motor vehicle described in subsection (1) of
this section upon application to the department, county auditor or
other agent, or subagent appointed by the director.
Sec. 68 RCW 46.18.255 and 2010 c 161 s 623 are each amended to
read as follows:
(1) A registered owner may apply to the department, county auditor
or other agent, or subagent appointed by the director for a horseless
carriage license plate for a motor vehicle that is at least forty years
old. The motor vehicle must be operated primarily as a collector
vehicle and be in good running order. The applicant for the horseless
carriage license plate shall:
(a) Purchase a registration for the motor vehicle as required under
chapters ((46.16)) 46.16A and 46.17 RCW; and
(b) Pay the special license plate fee established under RCW
46.17.220(1)(i), in addition to any other fees or taxes required by
law.
(2) Horseless carriage license plates:
(a) Are valid for the life of the motor vehicle;
(b) Are not required to be renewed;
(c) Are not transferrable to any other motor vehicle; and
(d) Must be displayed on the rear of the motor vehicle.
Sec. 69 RCW 46.18.285 and 2010 c 161 s 629 are each amended to
read as follows:
(([(1)])) (1) A registered owner who uses a passenger motor vehicle
for commuter ride sharing or ride sharing for persons with special
transportation needs, as defined in RCW 46.74.010, shall apply to the
((director)) department, county auditor or other agent, or subagent
appointed by the director for special ride share license plates. The
registered owner must qualify for the tax exemptions provided in RCW
82.08.0287, 82.12.0282, or 82.44.015, and pay the special ride share
license plate fee required under RCW 46.17.220(1)(n) when the special
ride share license plates are initially issued.
(2) The special ride share license plates:
(a) Must be of a distinguishing separate numerical series or design
as defined by the department;
(b) Must be returned to the department when no longer in use or
when the registered owner no longer qualifies for the tax exemptions
provided in subsection (1) of this section; and
(c) Are not required to be renewed annually for motor vehicles
described in RCW 46.16A.170.
(3) Special ride share license plates may be transferred from one
motor vehicle to another motor vehicle as described in subsection (1)
of this section upon application to the department, county auditor or
other agent, or subagent appointed by the director.
(4) Any person who knowingly makes a false statement of a material
fact in the application for a special license plate under subsection
(1) of this section is guilty of a gross misdemeanor.
Sec. 70 RCW 46.18.295 and 1997 c 234 s 1 are each amended to read
as follows:
(1) Veterans discharged under honorable conditions (veterans) and
individuals serving on active duty in the United States armed forces
(active duty military personnel) may purchase a veterans remembrance
emblem or campaign medal emblem. The emblem is to be displayed on
((vehicle)) license plates in the manner described by the department,
existing vehicular ((licensing)) registration procedures, and current
laws.
(2) Veterans and active duty military personnel who served during
periods of war or armed conflict may purchase a remembrance emblem
depicting campaign ribbons which they were awarded.
(3) The following campaign ribbon remembrance emblems are
available:
(a) World War I victory medal;
(b) World War II Asiatic-Pacific campaign medal;
(c) World War II European-African Middle East campaign medal;
(d) World War II American campaign medal;
(e) Korean service medal;
(f) Vietnam service medal;
(g) Armed forces expeditionary medal awarded after 1958; and
(h) Southwest Asia medal.
The director may issue additional campaign ribbon emblems by rule
as authorized decorations by the United States department of defense.
(4) Veterans or active duty military personnel requesting a veteran
remembrance emblem or campaign medal emblem or emblems must:
(a) Pay a prescribed fee set by the department; and
(b) Show proof of eligibility through:
(i) Providing a DD-214 or discharge papers if a veteran;
(ii) Providing a copy of orders awarding a campaign ribbon if an
individual serving on military active duty; or
(iii) Attesting in a notarized affidavit of their eligibility as
required under this section.
(5) Veterans or active duty military personnel who purchase a
veteran remembrance emblem or a campaign medal emblem must be the legal
or registered owner of the vehicle on which the emblem is to be
displayed.
Sec. 71 RCW 46.19.050 and 2010 c 161 s 706 are each amended to
read as follows:
(1) False information. Knowingly providing false information in
conjunction with the application for special parking privileges for
persons with disabilities is a gross misdemeanor punishable under
chapter 9A.20 RCW.
(2) Unauthorized use. Any unauthorized use of the special placard,
special license, or identification card issued under this chapter is a
((traffic)) parking infraction with a monetary penalty of two hundred
fifty dollars. In addition to any penalty or fine imposed under this
subsection, two hundred dollars must be assessed.
(3) Inaccessible access. It is a parking infraction, with a
monetary penalty of two hundred fifty dollars, for a person to park in,
block, or otherwise make inaccessible the access aisle located next to
a space reserved for persons with physical disabilities. In addition
to any penalty or fine imposed under this subsection, two hundred
dollars must be assessed. The clerk of the court shall report all
violations related to this subsection to the department.
(4) Parking without placard/plate. It is a parking infraction,
with a monetary penalty of two hundred fifty dollars, for any person to
park a vehicle in a parking place provided on private property without
charge or on public property reserved for persons with physical
disabilities without a placard or special license plate issued under
this chapter. In addition to any penalty or fine imposed under this
subsection, two hundred dollars must be assessed. If a person is
charged with a violation, the person will not be determined to have
committed an infraction if the person produces in court or before the
court appearance the placard or special license plate issued under this
chapter as required under this chapter. A local jurisdiction providing
nonmetered, on-street parking places reserved for persons with physical
disabilities may impose by ordinance time restrictions of no less than
four hours on the use of these parking places.
(5) Time restrictions. A local jurisdiction may impose by
ordinance time restrictions of no less than four hours on the use of
nonreserved, on-street parking spaces by vehicles displaying the
special parking placards or special license plates issued under this
chapter. All time restrictions must be clearly posted.
(6) Allocation and use of funds - reimbursement. ((Funds from the
penalties)) (a) The assessment imposed under subsections (2), (3), and
(4) of this section must be allocated as follows:
(i) One hundred dollars must be deposited in the accessible
communities account created in RCW 50.40.071; and
(ii) One hundred dollars must be deposited in the multimodal
transportation account under RCW 47.66.070 for the sole purpose of
supplementing a grant program for special needs transportation provided
by transit agencies and nonprofit providers of transportation that is
administered by the department of transportation.
(b) Any reduction in any penalty or fine and assessment imposed
under subsections (2), (3), and (4) of this section must be applied
proportionally between the penalty or fine and the assessment. When a
reduced penalty is imposed under subsection (2), (3), or (4) of this
section, the amount deposited in the accounts identified in (a) of this
subsection must be reduced equally and proportionally.
(c) The penalty or fine amounts must be used by that local
jurisdiction exclusively for law enforcement. The court may also
impose an additional penalty sufficient to reimburse the local
jurisdiction for any costs that it may have incurred in the removal and
storage of the improperly parked vehicle.
(7) Illegal obtainment. Except as provided in subsection (1) of
this section, it is a traffic infraction with a monetary penalty of two
hundred fifty dollars for any person willfully to obtain a special
license plate, placard, or identification card issued under this
chapter in a manner other than that established under this chapter.
(8) Volunteer appointment. A law enforcement agency authorized to
enforce parking laws may appoint volunteers, with a limited commission,
to issue notices of infractions for violations of RCW 46.19.010 and
46.19.030 or 46.61.581. Volunteers must be at least twenty-one years
of age. The law enforcement agency appointing volunteers may establish
any other qualifications that the agency deems desirable.
(a) An agency appointing volunteers under this section must provide
training to the volunteers before authorizing them to issue notices of
infractions.
(b) A notice of infraction issued by a volunteer appointed under
this subsection has the same force and effect as a notice of infraction
issued by a police officer for the same offense.
(c) A police officer or a volunteer may request a person to show
the person's identification card or special parking placard when
investigating the possibility of a violation of this section. If the
request is refused, the person in charge of the vehicle may be issued
a notice of infraction for a violation of this section.
(9) Community restitution. For second or subsequent violations of
this section, in addition to a monetary penalty, the violator must
complete a minimum of forty hours of:
(a) Community restitution for a nonprofit organization that serves
persons with disabilities or disabling diseases; or
(b) Any other community restitution that may sensitize the violator
to the needs and obstacles faced by persons with disabilities.
(10) Fine suspension. The court may not suspend more than one-half
of any fine imposed under subsection (2), (3), (4), or (7) of this
section.
Sec. 72 RCW 46.19.060 and 2010 c 161 s 705 are each amended to
read as follows:
(1) An additional fee may not be charged for special license plates
for persons with disabilities except for any other fees and taxes
required to be paid upon registration of a motor vehicle.
(2) A registered owner who qualifies for special parking privileges
as described in RCW 46.19.010 may apply to the department for special
license plates for persons with disabilities or special license plates
with a special year tab for persons with disabilities. Special license
plates with a special year tab for persons with disabilities are
available on the following special license plate designs:
| PLATE TYPE | ISSUED UNDER |
| Armed forces collection | RCW 46.18.210 |
| Baseball stadium | RCW 46.18.215 |
| Collegiate | RCW 46.18.225 |
| Disabled American veteran | RCW 46.18.235 |
| Endangered wildlife | RCW 46.18.200 |
| Former prisoner of war | RCW 46.18.235 |
| Helping kids speak | RCW 46.18.200 |
| Keep kids safe | RCW 46.18.200 |
| Law enforcement memorial | RCW 46.18.200 |
| Pearl Harbor survivor | RCW 46.18.270 |
| Personalized | RCW 46.18.275 |
| Professional firefighters and paramedics | RCW 46.18.200 |
| Purple Heart | RCW 46.18.280 |
| Share the road | RCW 46.18.200 |
| Ski & ride Washington | RCW 46.18.200 |
| Square dancer | RCW 46.18.290 |
| Washington lighthouses | RCW 46.18.200 |
| Washington's national park fund | RCW 46.18.200 |
| Washington state parks | RCW 46.18.200 |
| Washington's wildlife collection | RCW 46.18.200 |
| We love our pets | RCW 46.18.200 |
| Wild on Washington | RCW 46.18.200 |
Sec. 73 RCW 46.30.020 and 2010 c 161 s 1115 are each amended to
read as follows:
(1)(a) No person may operate a motor vehicle subject to
registration under chapter ((46.16)) 46.16A RCW in this state unless
the person is insured under a motor vehicle liability policy with
liability limits of at least the amounts provided in RCW 46.29.090, is
self-insured as provided in RCW 46.29.630, is covered by a certificate
of deposit in conformance with RCW 46.29.550, or is covered by a
liability bond of at least the amounts provided in RCW 46.29.090.
Written proof of financial responsibility for motor vehicle operation
must be provided on the request of a law enforcement officer in the
format specified under RCW 46.30.030.
(b) A person who drives a motor vehicle that is required to be
registered in another state that requires drivers and owners of
vehicles in that state to maintain insurance or financial
responsibility shall, when requested by a law enforcement officer,
provide evidence of financial responsibility or insurance as is
required by the laws of the state in which the vehicle is registered.
(c) When asked to do so by a law enforcement officer, failure to
display an insurance identification card as specified under RCW
46.30.030 creates a presumption that the person does not have motor
vehicle insurance.
(d) Failure to provide proof of motor vehicle insurance is a
traffic infraction and is subject to penalties as set by the supreme
court under RCW 46.63.110 or community restitution.
(2) If a person cited for a violation of subsection (1) of this
section appears in person before the court or a violations bureau and
provides written evidence that at the time the person was cited, he or
she was in compliance with the financial responsibility requirements of
subsection (1) of this section, the citation shall be dismissed and the
court or violations bureau may assess court administrative costs of
twenty-five dollars at the time of dismissal. In lieu of personal
appearance, a person cited for a violation of subsection (1) of this
section may, before the date scheduled for the person's appearance
before the court or violations bureau, submit by mail to the court or
violations bureau written evidence that at the time the person was
cited, he or she was in compliance with the financial responsibility
requirements of subsection (1) of this section, in which case the
citation shall be dismissed without cost, except that the court or
violations bureau may assess court administrative costs of twenty-five
dollars at the time of dismissal.
(3) The provisions of this chapter shall not govern:
(a) The operation of a motor vehicle registered under RCW
46.18.255, governed by RCW 46.16A.170, or registered with the
Washington utilities and transportation commission as common or
contract carriers; or
(b) The operation of a motorcycle as defined in RCW 46.04.330, a
motor-driven cycle as defined in RCW 46.04.332, or a moped as defined
in RCW 46.04.304.
(4) RCW 46.29.490 shall not be deemed to govern all motor vehicle
liability policies required by this chapter but only those certified
for the purposes stated in chapter 46.29 RCW.
Sec. 74 RCW 46.32.080 and 2009 c 46 s 1 are each amended to read
as follows:
(1) The Washington state patrol is responsible for enforcement of
safety requirements for commercial motor vehicles including, but not
limited to, safety audits and compliance reviews. Those motor carriers
that have operations in this state are subject to the patrol's safety
audits and compliance review programs. Compliance reviews may result
in the initiation of an enforcement action, which may include monetary
penalties. The utilities and transportation commission is responsible
for adoption and enforcement of safety requirements for vehicles
operated by entities holding authority under chapters 81.66, 81.68,
81.70, and 81.77 RCW, and by household goods carriers holding authority
under chapter 81.80 RCW.
(2) Motor vehicles owned and operated by farmers in the
transportation of their own farm, orchard, or dairy products, including
livestock and plant or animal wastes, from point of production to
market or disposal, or supplies or commodities to be used on the farm,
orchard, or dairy, must have a department of transportation number, as
defined in RCW ((46.16.004)) 46.16A.010, but are exempt from safety
audits and compliance reviews.
(3) All records and documents required of motor carriers with
operations in this state must be available for review and inspection
during normal business hours. Duly authorized agents of the state
patrol conducting safety audits and compliance reviews may enter the
motor carrier's place of business, or any location where records or
equipment are located, at reasonable times and without advanced notice.
Motor carriers who do not permit duly authorized agents to enter their
place of business, or any location where records or equipment are
located, for safety audits and compliance reviews are subject to
enforcement action, including a monetary penalty.
(4)(a) All motor carriers with a commercial motor vehicle, as
defined in RCW ((46.16.004)) 46.16A.010, that operate in this state
must apply for a department of transportation number, as defined in RCW
((46.16.004)) 46.16A.010, by January 1, 2008. All entities with
authority under chapters 81.66, 81.68, 81.70, and 81.77 RCW, and all
household goods carriers with authority under chapter 81.80 RCW, must
apply for a department of transportation number by January 1, 2010.
(b) All motor carriers operating in this state who (i) have not
applied under (a) of this subsection for a department of transportation
number, as defined in RCW ((46.16.004)) 46.16A.010, and (ii) have a
commercial motor vehicle that has a gross vehicle weight rating of
7,258 kilograms (16,001 pounds) or more, must apply for a department of
transportation number by January 1, 2011.
(c) The state patrol may deny an application if the applicant does
not meet the requirements and standards under this chapter. The state
patrol shall not issue a department of transportation number to an
applicant who at the time of application has been placed out of service
by the federal motor carrier safety administration. Commercial motor
vehicles must be marked as prescribed by the state patrol. Those
applicants with a current United States department of transportation
number are exempt from applying for a department of transportation
number.
(d) The state patrol may (i) place a motor carrier out of service
or (ii) refuse to issue or recognize as valid a department of
transportation number to an applicant who: (A) Formerly held a
department of transportation number that was placed out of service for
cause, and where cause has not been removed; (B) is a subterfuge for
the real party in interest whose department of transportation number
was placed out of service for cause, and where cause has not been
removed; (C) as an individual licensee, or officer, director, owner, or
managing employee of a nonindividual licensee, had a department of
transportation number and was placed out of service for cause, and
where cause has not been removed; or (D) has an unsatisfied debt to the
state assessed under this chapter.
(e) Upon a finding by the chief of the state patrol or the chief's
designee that a motor carrier is an imminent hazard or danger to the
public health, safety, or welfare, the state patrol shall notify the
department, and the department shall revoke the registrations for all
commercial motor vehicles that are owned by the motor carrier subject
to RCW 46.32.080. In determining whether a motor carrier is an
imminent hazard or danger to the public health, safety, or welfare, the
chief or the chief's designee shall consider safety factors.
Sec. 75 RCW 46.32.120 and 2009 c 46 s 7 are each amended to read
as follows:
This chapter does not apply to vehicles exempted from registration
by RCW ((46.16.020)) 46.16A.170.
Sec. 76 RCW 46.37.010 and 2010 c 217 s 6 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).
(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 ((46.09.180)) 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. 77 RCW 46.61.582 and 2010 c 161 s 1124 are each amended to
read as follows:
Any person who meets the criteria for special parking privileges
under RCW 46.19.010 shall be allowed free of charge to park a vehicle
being used to transport that person for unlimited periods of time in
parking zones or areas including zones or areas with parking meters
which are otherwise restricted as to the length of time parking is
permitted. This section does not apply to those zones or areas in
which the stopping, parking, or standing of all vehicles is prohibited
or which are reserved for special types of vehicles. The person shall
obtain and display a special placard or license plate under RCW
46.19.010 and 46.19.030 to be eligible for the privileges under this
section.
Sec. 78 RCW 46.61.710 and 2009 c 275 s 9 are each amended to read
as follows:
(1) No person shall operate a moped upon the highways of this state
unless the moped has been assigned a moped registration number and
displays a moped permit in accordance with ((the provisions of RCW
46.16.630)) RCW 46.16A.405(2).
(2) Notwithstanding any other provision of law, a moped may not be
operated on a bicycle path or trail, bikeway, equestrian trail, or
hiking or recreational trail.
(3) Operation of a moped, electric personal assistive mobility
device, motorized foot scooter, or an electric-assisted bicycle on a
fully controlled limited access highway is unlawful. Operation of a
moped, motorized foot scooter, or an electric-assisted bicycle on a
sidewalk is unlawful.
(4) Removal of any muffling device or pollution control device from
a moped is unlawful.
(5) Subsections (1), (2), and (4) of this section do not apply to
electric-assisted bicycles. Electric-assisted bicycles and motorized
foot scooters may have access to highways, other than limited access
highways, of the state to the same extent as bicycles. Subject to
subsection (6) of this section, electric-assisted bicycles and
motorized foot scooters may be operated on a multipurpose trail or
bicycle lane, but local jurisdictions may restrict or otherwise limit
the access of electric-assisted bicycles and motorized foot scooters,
and state agencies may regulate the use of motorized foot scooters on
facilities and properties under their jurisdiction and control.
(6) Subsections (1) and (4) of this section do not apply to
motorized foot scooters. Subsection (2) of this section applies to
motorized foot scooters when the bicycle path, trail, bikeway,
equestrian trail, or hiking or recreational trail was built or is
maintained with federal highway transportation funds. Additionally,
any new trail or bicycle path or readily identifiable existing trail or
bicycle path not built or maintained with federal highway
transportation funds may be used by persons operating motorized foot
scooters only when appropriately signed.
(7) A person operating an electric personal assistive mobility
device (EPAMD) shall obey all speed limits and shall yield the right-of-way to pedestrians and human-powered devices at all times. An
operator must also give an audible signal before overtaking and passing
a pedestrian. Except for the limitations of this subsection, persons
operating an EPAMD have all the rights and duties of a pedestrian.
(8) The use of an EPAMD may be regulated in the following
circumstances:
(a) A municipality and the department of transportation may
prohibit the operation of an EPAMD on public highways within their
respective jurisdictions where the speed limit is greater than twenty-five miles per hour;
(b) A municipality may restrict the speed of an EPAMD in locations
with congested pedestrian or nonmotorized traffic and where there is
significant speed differential between pedestrians or nonmotorized
traffic and EPAMD operators. The areas in this subsection must be
designated by the city engineer or designee of the municipality.
Municipalities shall not restrict the speed of an EPAMD in the entire
community or in areas in which there is infrequent pedestrian traffic;
(c) A state agency or local government may regulate the operation
of an EPAMD within the boundaries of any area used for recreation, open
space, habitat, trails, or conservation purposes.
Sec. 79 RCW 46.61.723 and 2010 c 144 s 2 are each amended to read
as follows:
(1) Except as provided in subsection (3) of this section, a person
may operate a medium-speed electric vehicle upon a highway of this
state having a speed limit of thirty-five miles per hour or less, or
forty-five miles per hour or less as provided in subsection (4) of this
section, if:
(a) The person does not operate a medium-speed electric vehicle
upon state highways that are listed in chapter 47.17 RCW;
(b) The person does not operate a medium-speed electric vehicle
upon a 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 in compliance with chapter
((46.16)) 46.16A RCW. The department must track medium-speed electric
vehicles in a separate registration category for reporting purposes;
(c) The person does not operate a medium-speed electric vehicle
upon a highway of this state without first obtaining a valid driver's
license issued to Washington residents in compliance with chapter 46.20
RCW;
(d) The person does not operate a medium-speed electric vehicle
subject to registration under chapter ((46.16)) 46.16A RCW on a highway
of this state unless the person is insured under a motor vehicle
liability policy in compliance with chapter 46.30 RCW; and
(e) The person operating a medium-speed electric vehicle does not
cross a roadway with a speed limit in excess of thirty-five miles per
hour, or forty-five miles per hour as provided in subsection (4) of
this section, unless the crossing begins and ends on a roadway with a
speed limit of thirty-five miles per hour or less, or forty-five miles
per hour or less as provided in subsection (4) of this section, and
occurs at an intersection of approximately ninety degrees, except that
the operator of a medium-speed electric vehicle must not cross an
uncontrolled intersection of streets and highways that are part of the
state highway system subject to Title 47 RCW unless that intersection
has been authorized by local authorities under subsection (3) of this
section.
(2) Any person who violates this section commits a traffic
infraction.
(3) This section does not prevent local authorities, with respect
to streets and highways under their jurisdiction and within the
reasonable exercise of their police power, from regulating the
operation of medium-speed electric vehicles on streets and highways
under their jurisdiction by resolution or ordinance of the governing
body, if the regulation is consistent with this title, except that:
(a) Local authorities may not authorize the operation of medium-speed electric vehicles on streets and highways that are part of the
state highway system subject to Title 47 RCW;
(b) Local authorities may not prohibit the operation of medium-speed electric vehicles upon highways of this state having a speed
limit of thirty-five miles per hour or less; and
(c) Local authorities may not establish requirements for the
registration and licensing of medium-speed electric vehicles.
(4) In counties consisting of islands whose only connection to the
mainland are ferry routes, a person may operate a medium-speed electric
vehicle upon a highway of this state having a speed limit of forty-five
miles per hour or less. A person operating a medium-speed electric
vehicle as authorized under this subsection must not cross a roadway
with a speed limit in excess of forty-five miles per hour, unless the
crossing begins and ends on a roadway with a speed limit of forty-five
miles per hour or less and occurs at an intersection of approximately
ninety degrees, except that the operator of a medium-speed electric
vehicle must not cross an uncontrolled intersection of streets and
highways that are part of the state highway system subject to Title 47
RCW unless that intersection has been authorized by local authorities
under subsection (3) of this section.
(5) 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 medium-speed
electric vehicle.
Sec. 80 RCW 46.61.725 and 2010 c 144 s 3 are each amended to read
as follows:
(1) Absent prohibition by local authorities authorized under this
section and except as prohibited elsewhere in this section, a person
may operate a neighborhood electric vehicle upon a highway of this
state having a speed limit of thirty-five miles per hour or less, or
forty-five miles per hour or less as provided in subsection (4) of this
section, if:
(a) The person does not operate a neighborhood electric vehicle
upon state highways that are listed in chapter 47.17 RCW;
(b) The person does not operate a neighborhood electric vehicle
upon a 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 in compliance with chapter
((46.16)) 46.16A RCW. The department must track neighborhood electric
vehicles in a separate registration category for reporting purposes;
(c) The person does not operate a neighborhood electric vehicle
upon a highway of this state without first obtaining a valid driver's
license issued to Washington residents in compliance with chapter 46.20
RCW;
(d) The person does not operate a neighborhood electric vehicle
subject to registration under chapter ((46.16)) 46.16A RCW on a highway
of this state unless the person is insured under a motor vehicle
liability policy in compliance with chapter 46.30 RCW; and
(e) The person operating a neighborhood electric vehicle does not
cross a roadway with a speed limit in excess of thirty-five miles per
hour, or forty-five miles per hour as provided in subsection (4) of
this section, unless the crossing begins and ends on a roadway with a
speed limit of thirty-five miles per hour or less, or forty-five miles
per hour or less as provided in subsection (4) of this section, and
occurs at an intersection of approximately ninety degrees, except that
the operator of a neighborhood electric vehicle must not cross an
uncontrolled intersection of streets and highways that are part of the
state highway system subject to Title 47 RCW unless that intersection
has been authorized by local authorities provided elsewhere in this
section.
(2) Any person who violates this section commits a traffic
infraction.
(3) This section does not prevent local authorities, with respect
to streets and highways under their jurisdiction and within the
reasonable exercise of their police power, from regulating the
operation of neighborhood electric vehicles on streets and highways
under their jurisdiction by resolution or ordinance of the governing
body, if the regulation is consistent with the provisions of this
title, except that:
(a) Local authorities may not authorize the operation of
neighborhood electric vehicles on streets and highways that are part of
the state highway system subject to the provisions of Title 47 RCW;
(b) Local authorities may not prohibit the operation of
neighborhood electric vehicles upon highways of this state having a
speed limit of twenty-five miles per hour or less; and
(c) Local authorities are prohibited from establishing any
requirements for the registration and licensing of neighborhood
electric vehicles.
(4) In counties consisting of islands whose only connection to the
mainland are ferry routes, a person may operate a neighborhood electric
vehicle upon a highway of this state having a speed limit of forty-five
miles per hour or less. A person operating a neighborhood electric
vehicle as authorized under this subsection must not cross a roadway
with a speed limit in excess of forty-five miles per hour, unless the
crossing begins and ends on a roadway with a speed limit of forty-five
miles per hour or less and occurs at an intersection of approximately
ninety degrees, except that the operator of a neighborhood electric
vehicle must not cross an uncontrolled intersection of streets and
highways that are part of the state highway system subject to Title 47
RCW unless that intersection has been authorized by local authorities
under subsection (3) of this section.
(5) 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 neighborhood
electric vehicle.
Sec. 81 RCW 46.68.020 and 2010 c 161 s 802 are each amended to
read as follows:
(1) The director shall forward all fees for certificates of title
or other moneys accruing under chapters 46.12 and 46.17 RCW to the
state treasurer, together with a proper identifying detailed report.
The state treasurer shall credit these moneys as follows:
| FEE | REQUIRED IN | ESTABLISHED IN | DISTRIBUTION |
| ORV (( | RCW 46.09.320 | RCW 46.17.100 | RCW 47.66.070 |
| Original certificate of title | RCW 46.12.530 | RCW 46.17.100 | RCW 47.66.070 |
| Penalty for late transfer | RCW 46.12.650 | RCW 46.17.140 | RCW 47.66.070 |
| Motor change | RCW 46.12.590 | RCW 46.17.100 | RCW 46.68.280 |
| Transfer certificate of title | RCW 46.12.650 | RCW 46.17.100 | RCW 46.68.280 |
| Security interest changes | RCW 46.12.675 | RCW 46.17.100 | RCW 46.68.280 |
| Duplicate certificate of title | RCW 46.12.580 | RCW 46.17.100 | RCW 46.68.280 |
| Stolen vehicle check | RCW 46.12.570 | RCW 46.17.120 | RCW 46.68.070 |
| Vehicle identification number assignment | RCW 46.12.560 | RCW 46.17.135 | RCW 46.68.070 |
Sec. 82 RCW 46.68.030 and 2010 c 161 s 803 are each amended to
read as follows:
(1) The director shall forward all fees for vehicle registrations
under chapters ((46.16)) 46.16A and 46.17 RCW, unless otherwise
specified by law, to the state treasurer with a proper identifying
detailed report. The state treasurer shall credit these moneys to the
motor vehicle fund created in RCW 46.68.070.
(2) Proceeds from vehicle license fees and renewal vehicle license
fees must be deposited by the state treasurer as follows:
(a) $20.35 of each initial or renewal vehicle license fee must be
deposited in the state patrol highway account in the motor vehicle
fund, hereby created. Vehicle license fees, renewal vehicle license
fees, and all other funds in the state patrol highway account must be
for the sole use of the Washington state patrol for highway activities
of the Washington state patrol, subject to proper appropriations and
reappropriations.
(b) $2.02 of each initial vehicle license fee and $0.93 of each
renewal vehicle license fee must be deposited each biennium in the
Puget Sound ferry operations account.
(c) Any remaining amounts of vehicle license fees and renewal
vehicle license fees that are not distributed otherwise under this
section must be deposited in the motor vehicle fund.
Sec. 83 RCW 46.68.380 and 2010 c 161 s 808 are each amended to
read as follows:
(((1))) The special license plate applicant trust account is
created in the custody of the state treasurer. All receipts from
special license plate applicants must be deposited into the account.
Only the director or the director's designee may authorize
disbursements from the account. The account is not subject to the
allotment procedures under chapter 43.88 RCW, and an appropriation is
not required for disbursements.
(((2)(a) Revenues generated from the sale of special license plates
for those sponsoring organizations that used the application process in
RCW 46.18.110 must be deposited into the motor vehicle fund until the
department determines that the state's implementation costs have been
fully reimbursed.))
(b) When it is determined that the state has been fully reimbursed,
the department must notify the house of representatives and senate
transportation committees, the sponsoring organization, and the state
treasurer, and commence the distribution of the revenue as otherwise
provided by law.
(3) If reimbursement does not occur within two years from the date
the plate is first offered for sale to the public, the special license
plate series must be placed in probationary status for a period of one
year from that date. If the state is still not fully reimbursed for
its implementation costs after the one-year probation, the plate series
must be discontinued immediately. Special license plates issued before
discontinuation are valid until replaced under RCW 46.16A.200(10).
Sec. 84 RCW 46.68.420 and 2010 c 161 s 809 are each amended to
read as follows:
(1) The department shall:
(a) Collect special license plate fees established under RCW
46.17.220 ((that were approved by the special license plate review
board under RCW 46.18.200));
(b) Deduct an amount not to exceed twelve dollars for initial issue
and two dollars for renewal issue for administration and collection
expenses incurred by it; and
(c) Remit the remaining proceeds to the custody of the state
treasurer with a proper identifying detailed report.
(2) The state treasurer shall credit the proceeds to the motor
vehicle account until the department determines that the state has been
reimbursed for the cost of implementing the special license plate.
Upon determination by the department that the state has been
reimbursed, the state treasurer shall credit the remaining special
license plate fee amounts for each special license plate to the
following appropriate account as created in this section:
| ACCOUNT | CONDITIONS FOR USE OF FUNDS |
| Gonzaga University alumni association | Scholarship funds to needy and qualified students attending or planning to attend Gonzaga University |
| Helping kids speak | Provide free diagnostic and therapeutic services to families of children who suffer from a delay in language or speech development |
| Law enforcement memorial | Provide support and assistance to survivors and families of law enforcement officers in Washington killed in the line of duty and to organize, finance, fund, construct, utilize, and maintain a memorial on the state capitol grounds to honor those fallen officers |
| Lighthouse environmental programs | Support selected Washington state lighthouses that are accessible to the public and staffed by volunteers; provide environmental education programs; provide grants for other Washington lighthouses to assist in funding infrastructure preservation and restoration; encourage and support interpretive programs by lighthouse docents |
| Share the road | Promote bicycle safety and awareness education in communities throughout Washington |
| Ski & ride Washington | Promote winter snowsports, such as skiing and snowboarding, and related programs, such as ski and ride safety programs, underprivileged youth ski and ride programs, and active, healthy lifestyle programs |
| Washington state council of firefighters benevolent fund | Receive and disseminate funds for charitable purposes on behalf of members of the Washington state council of firefighters, their families, and others deemed in need |
| Washington's national park fund | Build awareness of Washington's national parks and support priority park programs and projects in Washington's national parks, such as enhancing visitor experience, promoting volunteerism, engaging communities, and providing educational opportunities related to Washington's national parks |
| We love our pets | Support and enable the Washington federation of animal welfare and control agencies to promote and perform spay/neuter surgery of Washington state pets in order to reduce pet population |
Sec. 85 RCW 46.68.425 and 2010 c 161 s 810 are each amended to
read as follows:
(1) The department shall:
(a) Collect special license plate fees established under RCW
46.17.220 ((that were approved by the special license plate review
board under RCW 46.18.200));
(b) Deduct an amount not to exceed twelve dollars for initial issue
and two dollars for renewal issue for administration and collection
expenses incurred by it; and
(c) Remit the remaining proceeds to the custody of the state
treasurer with a proper identifying detailed report.
(2) The state treasurer shall credit the proceeds to the motor
vehicle fund until the department determines that the state has been
reimbursed for the cost of implementing the special license plate.
Upon determination by the department that the state has been
reimbursed, the state treasurer shall credit the remaining special
license plate fees to the following accounts by special license plate
type:
| SPECIAL LICENSE PLATE TYPE | ACCOUNT | CONDITIONS FOR USE OF FUNDS |
| Armed forces | RCW 43.60A.140 | N/A |
| Endangered wildlife | RCW 77.12.170 | Must be used only for the department of fish and wildlife's endangered wildlife program activities |
| Keep kids safe | RCW 43.121.100 | As specified in RCW 43.121.050 |
| Washington state parks | RCW 79A.05.059 | Provide public educational opportunities and enhancement of Washington state parks |
| Washington's wildlife collection | RCW 77.12.170 | Only for the department of fish and wildlife's game species management activities |
| Wild on Washington | RCW 77.12.170 | Dedicated to the department of fish and wildlife's watchable wildlife activities, as defined in RCW 77.32.560 |
Sec. 86 RCW 46.68.455 and 2010 c 161 s 815 are each amended to
read as follows:
(((1))) The vehicle trip permit fee imposed under RCW
46.17.400(1)(h) must be distributed as follows:
(((a))) (1) Five dollars to the state patrol highway account for
commercial motor vehicle inspections;
(((b))) (2) Five dollars to the motor vehicle fund created in RCW
46.68.070 to be distributed as follows:
(a) If paid by motor carriers, to be used for supporting vehicle
weigh stations, weigh-in-motion programs, and the commercial vehicle
information systems and networks programs; and
(b) If paid by a person other than a motor carrier, to be used for
supporting congestion relief programs.
(3) A one dollar excise tax to the state general fund;
(((c))) (4) The amount of the filing fee imposed under RCW
46.17.005(1)(((a))) to be credited as required under RCW 46.68.400; and
(((d))) (5) The remainder to the credit of the motor vehicle fund
created in RCW 46.68.070 as an administrative fee.
(((2))) The administrative fee ((under subsection (1)(d) of this
section)) must be increased or decreased in an equal amount if the
amount of the filing fee imposed under RCW 46.17.005(1)(((a)))
increases or decreases, so that the total trip permit fee is adjusted
equally to compensate.
(((3) The vehicle trip permit surcharge imposed under RCW
46.17.400(4) must be distributed as follows:))
(a) The portion of the surcharge paid by motor carriers to the
motor vehicle fund created in RCW 46.68.070 for the purpose of
supporting vehicle weigh stations, weigh-in-motion programs, and the
commercial vehicle information systems and networks program; and
(b) The remainder to the motor vehicle fund created in RCW
46.68.070 for the purpose of supporting congestion relief programs.
Sec. 87 RCW 46.70.027 and 1989 c 337 s 12 are each amended to
read as follows:
A vehicle dealer is accountable for the dealer's employees, sales
personnel, and managerial personnel while in the performance of their
official duties. Any violations of this chapter or applicable
provisions of chapter 46.12 or ((46.16)) 46.16A RCW committed by any of
these employees subjects the dealer to license penalties prescribed
under RCW 46.70.101. A retail purchaser, consignor who is not a motor
vehicle dealer, or a motor vehicle dealer who has purchased from a
wholesale dealer, who has suffered a loss or damage by reason of any
act by a dealer, salesperson, managerial person, or other employee of
a dealership, that constitutes a violation of this chapter or
applicable provisions of chapter 46.12 or ((46.16)) 46.16A RCW may
institute an action for recovery against the dealer and the surety bond
as set forth in RCW 46.70.070. However, under this section, motor
vehicle dealers who have purchased from wholesale dealers may only
institute actions against wholesale dealers and their surety bonds.
Sec. 88 RCW 46.70.101 and 2010 c 161 s 1132 are each amended to
read as follows:
The director may by order deny, suspend, or revoke the license of
any vehicle dealer or vehicle manufacturer or, in lieu thereof or in
addition thereto, may by order assess monetary penalties of a civil
nature not to exceed one thousand dollars per violation, if the
director finds that the order is in the public interest and that the
applicant or licensee:
(1) In the case of a vehicle dealer:
(a) The applicant or licensee, or any partner, officer, director,
owner of ten percent or more of the assets of the firm, or managing
employee:
(i) Was the holder of a license issued pursuant to this chapter,
which was revoked for cause and never reissued by the department, or
which license was suspended for cause and the terms of the suspension
have not been fulfilled or which license was assessed a civil penalty
and the assessed amount has not been paid;
(ii) Has been adjudged guilty of a crime which directly relates to
the business of a vehicle dealer and the time elapsed since the
adjudication is less than ten years, or suffering any judgment within
the preceding five years in any civil action involving fraud,
misrepresentation, or conversion. For the purposes of this section,
"adjudged guilty" means in addition to a final conviction in either a
state or municipal court, an unvacated forfeiture of bail or collateral
deposited to secure a defendant's appearance in court, the payment of
a fine, a plea of guilty, or a finding of guilt regardless of whether
the sentence is deferred or the penalty is suspended;
(iii) Has knowingly or with reason to know made a false statement
of a material fact in his or her application for license or any data
attached thereto, or in any matter under investigation by the
department;
(iv) Has knowingly, or with reason to know, provided the department
with false information relating to the number of vehicle sales
transacted during the past one year in order to obtain a vehicle dealer
license plate;
(v) Does not have an established place of business as required in
this chapter;
(vi) Refuses to allow representatives or agents of the department
to inspect during normal business hours all books, records, and files
maintained within this state;
(vii) Sells, exchanges, offers, brokers, auctions, solicits, or
advertises a new or current model vehicle to which a factory new
vehicle warranty attaches and fails to have a valid, written service
agreement as required by this chapter, or having such agreement refuses
to honor the terms of such agreement within a reasonable time or
repudiates the same, except for sales by wholesale motor vehicle
auction dealers to franchise motor vehicle dealers of the same make
licensed under this title or franchise motor vehicle dealers of the
same make licensed by any other state;
(viii) Is insolvent, either in the sense that their liabilities
exceed their assets, or in the sense that they cannot meet their
obligations as they mature;
(ix) Fails to pay any civil monetary penalty assessed by the
director pursuant to this section within ten days after such assessment
becomes final;
(x) Fails to notify the department of bankruptcy proceedings in the
manner required by RCW 46.70.183;
(xi) Knowingly, or with reason to know, allows a salesperson
employed by the dealer, or acting as their agent, to commit any of the
prohibited practices set forth in subsection (1)(a) of this section and
RCW 46.70.180;
(xii) Fails to have a current certificate or registration with the
department of revenue.
(b) The applicant or licensee, or any partner, officer, director,
owner of ten percent of the assets of the firm, or any employee or
agent:
(i) Has failed to comply with the applicable provisions of chapter
46.12 or ((46.16)) 46.16A RCW or this chapter or any rules and
regulations adopted thereunder;
(ii) Has defrauded or attempted to defraud the state, or a
political subdivision thereof of any taxes or fees in connection with
the sale, lease, or transfer of a vehicle;
(iii) Has forged the signature of the registered or legal owner on
a certificate of title;
(iv) Has purchased, sold, disposed of, or has in his or her
possession any vehicle which he or she knows or has reason to know has
been stolen or appropriated without the consent of the owner;
(v) Has willfully failed to deliver to a purchaser or owner a
certificate of title to a vehicle which he or she has sold or leased;
(vi) Has committed any act in violation of RCW 46.70.090 relating
to vehicle dealer license plates or manufacturer license plates;
(vii) Has committed any act in violation of RCW 46.70.180 relating
to unlawful acts and practices;
(viii) Has engaged in practices inimical to the health or safety of
the citizens of the state of Washington including but not limited to
failure to comply with standards set by the state of Washington or the
federal government pertaining to the construction or safety of
vehicles, except for sales by wholesale motor vehicle auction dealers
to motor vehicle dealers and vehicle wreckers licensed under this title
or motor vehicle dealers licensed by any other state;
(ix) Has aided or assisted an unlicensed dealer or salesperson in
unlawful activity through active or passive participation in sales,
allowing use of facilities, dealer license number, or by any other
means;
(x) Converts or appropriates, whether temporarily or permanently,
property or funds belonging to a customer, dealer, or manufacturer,
without the consent of the owner of the property or funds; or
(xi) Has sold any vehicle with actual knowledge that:
(A) It has any of the following brands on the title:
"SALVAGE/REBUILT," "JUNK," or "DESTROYED"; or
(B) It has been declared totaled out by an insurance carrier and
then rebuilt; or
(C) The vehicle title contains the specific comment that the
vehicle is "rebuilt";
without clearly disclosing that brand or comment in writing.
(c) The licensee or any partner, officer, director, or owner of ten
percent or more of the assets of the firm holds or has held any such
position in any other vehicle dealership licensed pursuant to this
chapter which is subject to final proceedings under this section.
(2) In the case of a manufacturer, or any partner, officer,
director, or majority shareholder:
(a) Was or is the holder of a license issued pursuant to this
chapter which was revoked for cause and never reissued by the
department, or which license was suspended for cause and the terms of
the suspension have not been fulfilled, or which license was assessed
a civil penalty and the assessed amount has not been paid;
(b) Has knowingly or with reason to know, made a false statement of
a material fact in his or her application for license, or any data
attached thereto, or in any matter under investigation by the
department;
(c) Has failed to comply with the applicable provisions of chapter
46.12 or ((46.16)) 46.16A RCW or this chapter or any rules and
regulations adopted thereunder;
(d) Has defrauded or attempted to defraud the state or a political
subdivision thereof, of any taxes or fees in connection with the sale,
lease, or transfer of a vehicle;
(e) Has purchased, sold, leased, disposed of, or has in his or her
possession, any vehicle which he or she knows or has reason to know has
been stolen or appropriated without the consent of the owner;
(f) Has committed any act in violation of RCW 46.70.090 relating to
vehicle dealer license plates and manufacturer license plates;
(g) Has committed any act in violation of RCW 46.70.180 relating to
unlawful acts and practices;
(h) Sells or distributes in this state or transfers into this state
for resale or for lease, any new or unused vehicle to which a warranty
attaches or has attached and refuses to honor the terms of such
warranty within a reasonable time or repudiates the same;
(i) Fails to maintain one or more resident employees or agents to
provide service or repairs to vehicles located within the state of
Washington only under the terms of any warranty attached to new or
unused vehicles manufactured and which are or have been sold or
distributed in this state or transferred into this state for resale or
for lease unless such manufacturer requires warranty service to be
performed by all of its dealers pursuant to a current service agreement
on file with the department;
(j) Fails to reimburse within a reasonable time any vehicle dealer
within the state of Washington who in good faith incurs reasonable
obligations in giving effect to warranties that attach or have attached
to any new or unused vehicle sold, leased, or distributed in this state
or transferred into this state for resale or for lease by any such
manufacturer;
(k) Engaged in practices inimical to the health and safety of the
citizens of the state of Washington including, but not limited to,
failure to comply with standards set by the state of Washington or the
federal government pertaining to the construction and safety of
vehicles;
(l) Is insolvent either in the sense that his or her liabilities
exceed his or her assets or in the sense that he or she cannot meet his
or her obligations as they mature;
(m) Fails to notify the department of bankruptcy proceedings in the
manner required by RCW 46.70.183.
Sec. 89 RCW 46.71.011 and 1993 c 424 s 2 are each amended to read
as follows:
For purposes of this chapter:
(1) An "aftermarket body part" or "nonoriginal equipment
manufacturer body part" is an exterior body panel or nonstructural body
component manufactured by someone other than the original equipment
manufacturer and supplied through suppliers other than those in the
manufacturer's normal distribution channels.
(2) "Automotive repair" includes but is not limited to:
(a) All repairs to vehicles subject to chapter ((46.16)) 46.16A RCW
that are commonly performed in a repair facility by a motor vehicle
technician including the diagnosis, installation, exchange, or repair
of mechanical or electrical parts or units for any vehicle, the
performance of any electrical or mechanical adjustment to any vehicle,
or the performance of any service work required for routine maintenance
or repair of any vehicle. However, commercial fleet repair or
maintenance transactions involving two or more vehicles or ongoing
service or maintenance contracts involving vehicles used primarily for
business purposes are not included;
(b) All work in facilities that perform one or more specialties
within the automotive repair service industry including, but not
limited to, body collision repair, refinishing, brake, electrical,
exhaust repair or installation, frame, unibody, front-end, radiators,
tires, transmission, tune-up, and windshield; and
(c) The removal, replacement, or repair of exterior body panels,
the removal, replacement, or repair of structural and nonstructural
body components, the removal, replacement, or repair of collision
damaged suspension components, and the refinishing of automotive
components.
(3) "Automotive repair facility" or "repair facility" means any
person, firm, association, or corporation who for compensation engages
in the business of automotive repair or diagnosis, or both, of
malfunctions of motor vehicles subject to licensure under chapter
((46.16)) 46.16A RCW and repair and refinishing auto-body collision
damage as well as overall refinishing and cosmetic repairs.
(4) A "rebuilt" part consists of a used assembly that has been
dismantled and inspected with only the defective parts being replaced.
(5) A "remanufactured" part consists of a used assembly that has
been dismantled with the core parts being remachined and all other
parts replaced with new parts so as to provide performance comparable
to that found originally.
Sec. 90 RCW 46.71.080 and 1982 c 62 s 10 are each amended to read
as follows:
Whenever a vehicle license renewal form under RCW ((46.16.210))
46.16A.110 is given to the registered owner of any vehicle, the
department of licensing shall give to the owner written notice of the
provisions of this chapter in a manner prescribed by the director of
licensing.
Sec. 91 RCW 46.85.100 and 1987 c 244 s 13 are each amended to
read as follows:
All agreements, arrangements, or declarations or amendments thereto
shall be in writing and shall be filed with the department. Upon
becoming effective, they shall supersede the provisions of RCW
((46.16.030)) 46.16A.160, chapter 46.87 RCW, or this chapter to the
extent that they are inconsistent therewith. The department shall
provide copies for public distribution upon request.
Sec. 92 RCW 46.87.010 and 2010 c 161 s 1140 are each amended to
read as follows:
This chapter applies to proportional registration and reciprocity
granted under the provisions of the International Registration Plan
(IRP). This chapter shall become effective and be implemented
beginning with the 1988 registration year.
(1) Provisions and terms of the IRP prevail unless given a
different meaning in chapter 46.04 RCW, this chapter, or in rules
adopted under the authority of this chapter.
(2) The director may adopt and enforce rules deemed necessary to
implement and administer this chapter.
(3) Owners having a fleet of apportionable vehicles operating in
two or more IRP member jurisdictions may elect to proportionally
register the vehicles of the fleet under the provisions of the IRP and
this chapter in lieu of full or temporary registration as provided for
in chapter ((46.16)) 46.16A RCW.
(4) If a due date or an expiration date established under authority
of this chapter falls on a Saturday, Sunday, or a state legal holiday,
such period is automatically extended through the end of the next
business day.
Sec. 93 RCW 46.87.023 and 1994 c 227 s 2 are each amended to read
as follows:
(1) Rental car businesses must register with the department of
licensing. This registration must be renewed annually by the rental
car business.
(2) Rental cars must be titled and registered under the provisions
of chapters 46.12 and ((46.16)) 46.16A RCW. The vehicle must be
identified at the time of application with the rental car company
business number issued by the department.
(3) Use of rental cars is restricted to the rental customer unless
otherwise provided by rule.
(4) The department may suspend or cancel the exemptions, benefits,
or privileges granted under this section to a rental car business that
violates the laws of this state relating to the operation or
registration of vehicles or rules lawfully adopted thereunder. The
department may initiate and conduct audits, investigations, and
enforcement actions as may be reasonably necessary for administering
this section.
(5) The department shall adopt such rules as may be necessary to
administer and enforce the provisions of this section.
Sec. 94 RCW 46.87.080 and 2005 c 194 s 6 are each amended to read
as follows:
(1) Upon making satisfactory application and payment of applicable
fees and taxes for proportional registration under this chapter, the
department shall issue a cab card and validation tab for each vehicle,
and to vehicles of Washington-based fleets, two distinctive
apportionable license plates for each motor vehicle. License plates
shall be displayed on vehicles as required by RCW ((46.16.240))
46.16A.200(5). The number and plate shall be of a design, size, and
color determined by the department. The plates shall be treated with
reflectorized material and clearly marked with the words "WASHINGTON"
and "APPORTIONED," both words to appear in full and without
abbreviation.
(2) The cab card serves as the certificate of registration for a
proportionally registered vehicle. The face of the cab card shall
contain the name and address of the registrant as contained in the
records of the department, the license plate number assigned to the
vehicle by the base jurisdiction, the vehicle identification number,
and such other description of the vehicle and data as the department
may require. The cab card shall be signed by the registrant, or a
designated person if the registrant is a business firm, and shall at
all times be carried in or on the vehicle to which it was issued.
(3) The apportioned license plates are not transferrable from
vehicle to vehicle unless otherwise determined by rule and shall be
used only on the vehicle to which they are assigned by the department
for as long as they are legible or until such time as the department
requires them to be removed and returned to the department.
(4) Distinctive validation tab(s) of a design, size, and color
determined by the department shall be affixed to the apportioned
license plate(s) as prescribed by the department to indicate the month,
if necessary, and year for which the vehicle is registered.
(5) Renewals shall be effected by the issuance and display of such
tab(s) after making satisfactory application and payment of applicable
fees and taxes.
(6) Fleet vehicles so registered and identified shall be deemed to
be fully licensed and registered in this state for any type of movement
or operation. However, in those instances in which a grant of
authority is required for interstate or intrastate movement or
operation, no such vehicle may be operated in interstate or intrastate
commerce in this state unless the owner has been granted interstate
operating authority in the case of interstate operations or intrastate
operating authority by the Washington utility and transportation
commission in the case of intrastate operations and unless the vehicle
is being operated in conformity with that authority.
(7) The department may issue temporary authorization permits (TAPs)
to qualifying operators for the operation of vehicles pending issuance
of license identification. A fee of one dollar plus a one dollar
filing fee shall be collected for each permit issued. The permit fee
shall be deposited in the motor vehicle fund, and the filing fee shall
be deposited in the highway safety fund. The department may adopt
rules for use and issuance of the permits.
(8) The department may refuse to issue any license or permit
authorized by subsection (1) or (7) of this section to any person: (a)
Who formerly held any type of license or permit issued by the
department pursuant to chapter ((46.16)) 46.16A, 46.85, 46.87, 82.36,
or 82.38 RCW that has been revoked for cause, which cause has not been
removed; or (b) who is a subterfuge for the real party in interest
whose license or permit issued by the department pursuant to chapter
((46.16)) 46.16A, 46.85, 46.87, 82.36, or 82.38 RCW and has been
revoked for cause, which cause has not been removed; or (c) who, as an
individual licensee, or officer, director, owner, or managing employee
of a nonindividual licensee, has had a license or permit issued by the
department pursuant to chapter ((46.16)) 46.16A, 46.85, 46.87, 82.36,
or 82.38 RCW which has been revoked for cause, which cause has not been
removed; or (d) who has an unsatisfied debt to the state assessed under
either chapter ((46.16)) 46.16A, 46.85, 46.87, 82.36, 82.38, or 82.44
RCW.
(9) The department may revoke the license or permit authorized by
subsection (1) or (7) of this section issued to any person for any of
the grounds constituting cause for denial of licenses or permits set
forth in subsection (8) of this section.
(10) Before such refusal or revocation under subsection (8) or (9)
of this section, the department shall grant the applicant a hearing and
at least ten days written notice of the time and place of the hearing.
Sec. 95 RCW 46.87.140 and 2010 c 161 s 1143 are each amended to
read as follows:
(1) Any owner engaged in interstate operations of one or more
fleets of apportionable vehicles may, in lieu of registration of the
vehicles under chapter ((46.16)) 46.16A RCW, register and license the
vehicles of each fleet under this chapter by filing a proportional
registration application for each fleet with the department. The
application shall contain the following information and such other
information pertinent to vehicle registration as the department may
require:
(a) A description and identification of each vehicle of the fleet.
(b) The member jurisdictions in which registration is desired and
such other information as member jurisdictions require.
(c) An original or renewal application shall also be accompanied by
a mileage schedule for each fleet.
(d) The USDOT number issued to the registrant and the USDOT number
of the motor carrier responsible for the safety of the vehicle, if
different.
(e) A completed Motor Carrier Identification Report (MCS-150) at
the time of fleet renewal or at the time of vehicle registration, if
required by the department.
(f) The Taxpayer Identification Number of the registrant and the
motor carrier responsible for the safety of the vehicle, if different.
(2) Each application shall, at the time and in the manner required
by the department, be supported by payment of a fee computed as
follows:
(a) Divide the in-jurisdiction miles by the total miles and carry
the answer to the nearest thousandth of a percent (three places beyond
the decimal, e.g. 10.543%). This factor is known as the prorate
percentage.
(b) Determine the total proratable fees and taxes required for each
vehicle in the fleet for which registration is requested, based on the
regular annual fees and taxes or applicable fees and taxes for the
unexpired portion of the registration year under the laws of each
jurisdiction for which fees or taxes are to be calculated.
Applicable fees and taxes for vehicles of Washington-based fleets
are those prescribed under RCW 46.17.350(1)(c), 46.17.355, and
82.38.075, as applicable. If, during the registration period, the
lessor of an apportioned vehicle changes and the vehicle remains in the
fleet of the registrant, the department shall only charge those fees
prescribed for the issuance of new apportioned license plates,
validation tabs, and cab card.
(c) Multiply the total, proratable fees or taxes for each motor
vehicle by the prorate percentage applicable to the desired
jurisdiction and round the results to the nearest cent.
(d) Add the total fees and taxes determined in (c) of this
subsection for each vehicle to the nonproratable fees required under
the laws of the jurisdiction for which fees are being calculated.
Nonproratable fees required for vehicles of Washington-based fleets are
the administrative fee required by RCW 82.38.075, if applicable, and
the vehicle transaction fee pursuant to the provisions of RCW
46.87.130.
(e) The amount due and payable for the application is the sum of
the fees and taxes calculated for each member jurisdiction in which
registration of the fleet is desired.
(3) All assessments for proportional registration fees are due and
payable in United States funds on the date presented or mailed to the
registrant at the address listed in the proportional registration
records of the department. The registrant may petition for
reassessment of the fees or taxes due under this section within thirty
days of the date of original service as provided for in this chapter.
Sec. 96 RCW 46.87.230 and 1987 c 244 s 36 are each amended to
read as follows:
Whenever an act or omission is declared to be unlawful under
chapter 46.12, ((46.16)) 46.16A, or 46.44 RCW or this chapter, and if
the operator of the vehicle is not the owner or lessee of the vehicle
but is so operating or moving the vehicle with the express or implied
permission of the owner or lessee, then the operator and the owner or
lessee are both subject to this chapter, with the primary
responsibility to be that of the owner or lessee.
If the person operating the vehicle at the time of the unlawful act
or omission is not the owner or the lessee of the vehicle, that person
is fully authorized to accept the citation or notice of infraction and
execute the promise to appear on behalf of the owner or lessee.
Sec. 97 RCW 46.87.294 and 2007 c 419 s 15 are each amended to
read as follows:
The department shall refuse to register a vehicle under this
chapter if the registrant or motor carrier responsible for the safety
of the vehicle has been prohibited under federal law from operating by
the federal motor carrier safety administration. The department shall
not register a vehicle if the Washington state patrol has placed an
out-of-service order on the vehicle's department of transportation
number, as defined in RCW ((46.16.004)) 46.16A.010.
Sec. 98 RCW 46.87.296 and 2007 c 419 s 16 are each amended to
read as follows:
The department shall suspend or revoke the registration of a
vehicle registered under this chapter if the registrant or motor
carrier responsible for the safety of the vehicle has been prohibited
under federal law from operating by the federal motor carrier safety
administration. The department shall not register a vehicle if the
Washington state patrol has placed an out-of-service order on the
vehicle's department of transportation number, as defined in RCW
((46.16.004)) 46.16A.010.
Sec. 99 RCW 46.93.020 and 2003 c 354 s 2 are each amended to read
as follows:
The definitions in this section apply throughout this chapter.
(1) "Department" means the department of licensing.
(2) "Director" means the director of the department of licensing.
(3) "Franchise" means one or more agreements, whether oral or
written, between a manufacturer and a new motorsports vehicle dealer,
under which the new motorsports vehicle dealer is authorized to sell,
service, and repair new motorsports vehicles, parts, and accessories
under a common name, trade name, trademark, or service mark of the
manufacturer.
"Franchise" includes an oral or written contract and includes a
dealer agreement, either expressed or implied, between a manufacturer
and a new motorsports vehicle dealer that purports to fix the legal
rights and liabilities between the parties and under which (a) the
dealer is granted the right to purchase and resell motorsports vehicles
manufactured, distributed, or imported by the manufacturer; (b) the
dealer's business is associated with the trademark, trade name,
commercial symbol, or advertisement designating the franchisor or the
products distributed by the manufacturer; and (c) the dealer's business
relies on the manufacturer for a continued supply of motorsports
vehicles, parts, and accessories.
(4) "Good faith" means honesty in fact and fair dealing in the
trade as defined and interpreted in RCW 62A.2-103.
(5) "Designated successor" means:
(a) The spouse, biological or adopted child, grandchild, parent,
brother, or sister of the owner of a new motorsports vehicle dealership
who, in the case of the owner's death, is entitled to inherit the
ownership interest in the new motorsports vehicle dealership under the
terms of the owner's will or similar document, and if there is no such
will or similar document, then under applicable intestate laws;
(b) A qualified person experienced in the business of a new
motorsports vehicle dealer who has been nominated by the owner of a new
motorsports vehicle dealership as the successor in a written,
notarized, and witnessed instrument submitted to the manufacturer; or
(c) In the case of an incapacitated owner of a new motorsports
vehicle dealership, the person who has been appointed by a court as the
legal representative of the incapacitated owner's property.
(6) "Manufacturer" means a person, firm, association, corporation,
or trust, resident or nonresident, who manufactures or assembles new
and unused motorsports vehicles or remanufactures motorsports vehicles
in whole or in part and further includes the terms:
(a) "Distributor," which means a person, firm, association,
corporation, or trust, resident or nonresident, who in whole or in part
offers for sale, sells, or distributes new and unused motorsports
vehicles to vehicle dealers or who maintains factory representatives.
(b) "Factory branch," which means a branch office maintained by a
manufacturer for the purpose of selling or offering for sale,
motorsports vehicles to a distributor, wholesaler, or vehicle dealer,
or for directing or supervising in whole or in part factory or
distributor representatives, and further includes a sales promotion
organization, whether a person, firm, or corporation, that is engaged
in promoting the sale of new and unused motorsports vehicles in this
state of a particular brand or make to vehicle dealers.
(c) "Factory representative," which means a representative employed
by a manufacturer, distributor, or factory branch for the purpose of
making or promoting for the sale of their motorsports vehicles or for
supervising or contracting with their dealers or prospective dealers.
(7) "Motorsports vehicle" means a motorcycle as defined in RCW
46.04.330; a moped as defined in RCW 46.04.304; a motor-driven cycle as
defined in RCW 46.04.332; a personal watercraft as defined in RCW
79A.60.010; a snowmobile as defined in RCW ((46.10.010)) 46.04.546; a
four-wheel, all-terrain vehicle; and any other motorsports vehicle
defined under RCW 46.93.200 by the department that is otherwise not
subject to chapter 46.96 RCW.
(8) "New motorsports vehicle dealer" or "dealer" means a person
engaged in the business of buying, selling, exchanging, or otherwise
dealing in new motorsports vehicles or new and used motorsports
vehicles at an established place of business under a franchise, sales
and service agreement, or any other contract with a manufacturer of any
one or more types of new motorsports vehicles. The term does not
include a miscellaneous vehicle dealer as defined in RCW 46.70.011.
(9) "Owner" means a person holding an ownership interest in the
business entity operating as a new motorsports vehicle dealer and who
is the designated dealer in the new motorsports vehicle franchise
agreement.
(10) "Person" means a natural person, partnership, stock company,
corporation, trust, agency, or any other legal entity, as well as any
individual officers, directors, or other persons in active control of
the activities of the entity.
(11) "Place of business" means a permanent, enclosed commercial
building, situated within this state, and the real property on which it
is located, at which the business of a motorsports vehicle dealer,
including the display and repair of motorsports vehicles, may be
lawfully conducted in accordance with the terms of all applicable laws
and at which the public may contact the motorsports vehicle dealer and
employees at all reasonable times.
(12) "Relevant market area" is defined as follows:
(a) If the population in the county in which the existing, proposed
new, or relocated dealership is located or is to be located is four
hundred thousand or more, the relevant market area is the geographic
area within the radius of ten miles around the existing, proposed new,
or relocated place of business for the dealership;
(b) If the population in the county in which the existing, proposed
new, or relocated dealership is to be located is two hundred thousand
or more and less than four hundred thousand, the relevant market area
is the geographic area within a radius of twelve miles around the
existing, proposed new, or relocated place of business for the
dealership;
(c) If the population in the county in which the existing, proposed
new, or relocated dealership is to be located is less than two hundred
thousand, the relevant market area is the geographic area within a
radius of twenty miles around the existing, proposed new, or relocated
place of business for the dealership;
(d) In determining population for this definition, the most recent
census by the United States Bureau of Census or the most recent
population update, either from the National Planning Data Corporation
or other similar recognized source, will be accumulated for all census
tracts either wholly or partially within the relevant market area.
Sec. 100 RCW 47.01.440 and 2008 c 14 s 8 are each amended to read
as follows:
To support the implementation of RCW 47.04.280 and 47.01.078(4),
the department shall adopt broad statewide goals to reduce annual per
capita vehicle miles traveled by 2050 consistent with the stated goals
of executive order 07-02. Consistent with these goals, the department
shall:
(1) Establish the following benchmarks using a statewide baseline
of seventy-five billion vehicle miles traveled less the vehicle miles
traveled attributable to vehicles licensed under RCW ((46.16.070))
46.16A.455 and weighing ten thousand pounds or more, which are exempt
from this section:
(a) Decrease the annual per capita vehicle miles traveled by
eighteen percent by 2020;
(b) Decrease the annual per capita vehicle miles traveled by thirty
percent by 2035; and
(c) Decrease the annual per capita vehicle miles traveled by fifty
percent by 2050;
(2) By July 1, 2008, establish and convene a collaborative process
to develop a set of tools and best practices to assist state, regional,
and local entities in making progress towards the benchmarks
established in subsection (1) of this section. The collaborative
process must provide an opportunity for public review and comment and
must:
(a) Be jointly facilitated by the department, the department of
ecology, and the department of community, trade, and economic
development;
(b) Provide for participation from regional transportation planning
organizations, the Washington state transit association, the Puget
Sound clean air agency, a statewide business organization representing
the sale of motor vehicles, at least one major private employer that
participates in the commute trip reduction program, and other
interested parties, including but not limited to parties representing
diverse perspectives on issues relating to growth, development, and
transportation;
(c) Identify current strategies to reduce vehicle miles traveled in
the state as well as successful strategies in other jurisdictions that
may be applicable in the state;
(d) Identify potential new revenue options for local and regional
governments to authorize to finance vehicle miles traveled reduction
efforts;
(e) Provide for the development of measurement tools that can, with
a high level of confidence, measure annual progress toward the
benchmarks at the local, regional, and state levels, measure the
effects of strategies implemented to reduce vehicle miles traveled and
adequately distinguish between common travel purposes, such as moving
freight or commuting to work, and measure trends of vehicle miles
traveled per capita on a five-year basis;
(f) Establish a process for the department to periodically evaluate
progress toward the vehicle miles traveled benchmarks, measure achieved
and projected emissions reductions, and recommend whether the
benchmarks should be adjusted to meet the state's overall goals for the
reduction of greenhouse gas emissions;
(g) Estimate the projected reductions in greenhouse gas emissions
if the benchmarks are achieved, taking into account the expected
implementation of existing state and federal mandates for vehicle
technology and fuels, as well as expected growth in population and
vehicle travel;
(h) Examine access to public transportation for people living in
areas with affordable housing to and from employment centers, and make
recommendations for steps necessary to ensure that areas with
affordable housing are served by adequate levels of public
transportation; and
(i) By December 1, 2008, provide a report to the transportation
committees of the legislature on the collaborative process and
resulting recommended tools and best practices to achieve the reduction
in annual per capita vehicle miles traveled goals.
(3) Included in the December 1, 2008, report to the transportation
committees of the legislature, the department shall identify strategies
to reduce vehicle miles traveled in the state as well as successful
strategies in other jurisdictions that may be applicable in the state
that recognize the differing urban and rural transportation
requirements.
(4) Prior to implementation of the goals in this section, the
department, in consultation with the department of community, trade,
and economic development, cities, counties, local economic development
organizations, and local and regional chambers of commerce, shall
provide a report to the appropriate committees of the legislature on
the anticipated impacts of the goals established in this section on the
following:
(a) The economic hardship on small businesses as it relates to the
ability to hire and retain workers who do not reside in the county in
which they are employed;
(b) Impacts on low-income residents;
(c) Impacts on agricultural employers and their employees,
especially on the migrant farmworker community;
(d) Impacts on distressed rural counties; and
(e) Impacts in counties with more than fifty percent of the land
base of the county in public or tribal lands.
Sec. 101 RCW 48.110.020 and 2010 c 89 s 1 are each reenacted and
amended to read as follows:
The definitions in this section apply throughout this chapter.
(1) "Administrator" means the person who is responsible for the
administration of the service contracts, the service contracts plan, or
the protection product guarantees.
(2) "Commissioner" means the insurance commissioner of this state.
(3) "Consumer" means an individual who buys any tangible personal
property that is primarily for personal, family, or household use.
(4) "Home heating fuel service contract" means a contract or
agreement for a separately stated consideration for a specific duration
to perform the repair, replacement, or maintenance of a home heating
fuel supply system including the fuel tank and all visible pipes, caps,
lines, and associated parts or the indemnification for repair,
replacement, or maintenance for operational or structural failure due
to a defect in materials or workmanship, or normal wear and tear.
(5) "Incidental costs" means expenses specified in the guarantee
incurred by the protection product guarantee holder related to damages
to other property caused by the failure of the protection product to
perform as provided in the guarantee. "Incidental costs" may include,
without limitation, insurance policy deductibles, rental vehicle
charges, the difference between the actual value of the stolen vehicle
at the time of theft and the cost of a replacement vehicle, sales
taxes, registration fees, transaction fees, and mechanical inspection
fees. Incidental costs may be paid under the provisions of the
protection product guarantee in either a fixed amount specified in the
protection product guarantee or sales agreement, or by the use of a
formula itemizing specific incidental costs incurred by the protection
product guarantee holder to be paid.
(6) "Maintenance agreement" means a contract of limited duration
that provides for scheduled maintenance only.
(7) "Motor vehicle" means any vehicle subject to registration under
chapter ((46.16)) 46.16A RCW.
(8) "Person" means an individual, partnership, corporation,
incorporated or unincorporated association, joint stock company,
reciprocal insurer, syndicate, or any similar entity or combination of
entities acting in concert.
(9) "Premium" means the consideration paid to an insurer for a
reimbursement insurance policy.
(10) "Protection product" means any product offered or sold with a
guarantee to repair or replace another product or pay incidental costs
upon the failure of the product to perform pursuant to the terms of the
protection product guarantee.
(11) "Protection product guarantee" means a written agreement by a
protection product guarantee provider to repair or replace another
product or pay incidental costs upon the failure of the protection
product to perform pursuant to the terms of the protection product
guarantee.
(12) "Protection product guarantee holder" means a person who is
the purchaser or permitted transferee of a protection product
guarantee.
(13) "Protection product guarantee provider" means a person who is
contractually obligated to the protection product guarantee holder
under the terms of the protection product guarantee. Protection
product guarantee provider does not include an authorized insurer
providing a reimbursement insurance policy.
(14) "Protection product seller" means the person who sells the
protection product to the consumer.
(15) "Provider fee" means the consideration paid by a consumer for
a service contract.
(16) "Reimbursement insurance policy" means a policy of insurance
that is issued to a service contract provider or a protection product
guarantee provider to provide reimbursement to the service contract
provider or the protection product guarantee provider or to pay on
behalf of the service contract provider or the protection product
guarantee provider all contractual obligations incurred by the service
contract provider or the protection product guarantee provider under
the terms of the insured service contracts or protection product
guarantees issued or sold by the service contract provider or the
protection product guarantee provider.
(17)(a) "Service contract" means a contract or agreement for
consideration over and above the lease or purchase price of the
property for a specific duration to perform the repair, replacement, or
maintenance of property or the indemnification for repair, replacement,
or maintenance for operational or structural failure due to a defect in
materials or workmanship, or normal wear and tear. Service contracts
may provide for the repair, replacement, or maintenance of property for
damage resulting from power surges and accidental damage from handling,
with or without additional provision for incidental payment of
indemnity under limited circumstances, including towing, rental,
emergency road services, or other expenses relating to the failure of
the product or of a component part thereof.
(b) "Service contract" also includes a contract or agreement sold
for separately stated consideration for a specific duration to perform
the repair or replacement of tires and/or wheels damaged as a result of
coming into contact with road hazards including but not limited to
potholes, rocks, wood debris, metal parts, glass, plastic, curbs, or
composite scraps. However, a contract or agreement meeting the
definition under this subsection (17)(b) in which the party obligated
to perform is either a tire or wheel manufacturer or a motor vehicle
manufacturer is exempt from the requirements of this chapter.
(18) "Service contract holder" or "contract holder" means a person
who is the purchaser or holder of a service contract.
(19) "Service contract provider" means a person who is
contractually obligated to the service contract holder under the terms
of the service contract.
(20) "Service contract seller" means the person who sells the
service contract to the consumer.
(21) "Warranty" means a warranty made solely by the manufacturer,
importer, or seller of property or services without consideration; that
is not negotiated or separated from the sale of the product and is
incidental to the sale of the product; and that guarantees indemnity
for defective parts, mechanical or electrical breakdown, labor, or
other remedial measures, such as repair or replacement of the property
or repetition of services.
Sec. 102 RCW 50.40.071 and 2010 c 215 s 2 are each amended to
read as follows:
(1) The accessible communities account is created in the custody of
the state treasurer. One hundred dollars of the assessment imposed
under RCW ((46.16.381 (7), (8), and (9))) 46.19.050 (2), (3), and (4)
must be deposited into the account. Any reduction in the penalty or
fine and assessment imposed under section 6, chapter 215, Laws of 2010
shall be applied proportionally between the penalty or fine and the
assessment.
(2) The account is subject to the allotment procedures under
chapter 43.88 RCW, but an appropriation is not required for
expenditures. Only the commissioner may authorize expenditures from
the account.
(3) Expenditures from the account may be used for promoting greater
awareness of disability issues and improved access for and inclusion
and acceptance of persons with disabilities in communities in the state
of Washington, including:
(a) Reimbursing travel, per diem, and reasonable accommodation for
county accessible community advisory committee meetings and committee
sponsored activities including, but not limited to, supporting the
involvement of people with disabilities and disability
((organization[s])) organizations in emergency planning and emergency
preparedness activities;
(b) Establishing and maintaining an accessible communities web
site;
(c) Providing training or technical assistance for county
accessible community advisory committees;
(d) A grant program for funding proposals developed and submitted
by county accessible community advisory committees to promote greater
awareness of disability issues and acceptance, inclusion, and access
for persons with disabilities within the community;
(e) Reimbursing the state agency that provides administrative
support to the governor's committee on disability issues and employment
for costs associated with implementing chapter 215, Laws of 2010; and
(f) Programming changes to the judicial information system
accounting module required for disbursement of funds to this account.
Sec. 103 RCW 64.44.050 and 2008 c 201 s 1 are each amended to
read as follows:
(1) An owner of contaminated property who desires to have the
property decontaminated, demolished, or disposed of shall use the
services of an authorized contractor unless otherwise authorized by the
local health officer. The contractor and property owner shall prepare
and submit a written work plan for decontamination, demolition, or
disposal to the local health officer. The local health officer may
charge a reasonable fee for review of the work plan. If the work plan
is approved and the decontamination, demolition, or disposal is
completed and the property is retested according to the plan and
properly documented, then the health officer shall allow reuse of the
property. A release for reuse document shall be recorded in the real
property records indicating the property has been decontaminated,
demolished, or disposed of in accordance with rules of the state
department of health. The property owner is responsible for: (a) The
costs of any property testing which may be required to demonstrate the
presence or absence of hazardous chemicals; and (b) the costs of the
property's decontamination, demolition, and disposal expenses, as well
as costs incurred by the local health officer resulting from the
enforcement of this chapter.
(2)(a) In a case where the contaminated property is a motor vehicle
as defined in RCW 46.04.320, a vehicle as defined in RCW 46.04.670, or
a vessel as defined in RCW ((88.02.010)) 88.02.310, and the local
health officer has issued an order declaring the property unfit and
prohibiting its use, the city or county in which the property is
located shall take action to prohibit use, occupancy, or removal, and
shall require demolition, disposal, or decontamination of the property.
The city, county, or local law enforcement agency may impound the
vehicle or vessel to enforce this chapter.
(b) The property owner shall have the property demolished, disposed
of, or decontaminated by an authorized contractor, or under a written
work plan approved by the local health officer, within thirty days of
receiving the order declaring the property unfit and prohibited from
use. After all procedures granting the right of notice and the
opportunity to appeal in RCW 64.44.030 have been exhausted, if the
property owner has not demolished, disposed of, or decontaminated the
property using an authorized contractor, or under a written work plan
approved by the local health officer within thirty days, then the local
health officer or the local law enforcement agency may demolish,
dispose of, or decontaminate the property. The property owner is
responsible for the costs of the property's demolition, disposal, or
decontamination, as well as all costs incurred by the local health
officer or the local law enforcement agency resulting from the
enforcement of this chapter, except as otherwise provided under this
subsection.
(c) The legal owner of a motor vehicle as defined in RCW 46.04.320,
a vehicle as defined in RCW 46.04.670, or a vessel as defined in RCW
((88.02.010)) 88.02.310 whose sole basis of ownership is a bona fide
security interest is responsible for costs under this subsection if the
legal owner had knowledge of or consented to any act or omission that
caused contamination of the vehicle or vessel.
(d) If the vehicle or vessel has been stolen and the property owner
neither had knowledge of nor consented to any act or omission that
contributed to the theft and subsequent contamination of the vehicle or
vessel, the owner is not responsible for costs under this subsection.
However, if the registered owner is insured, the registered owner
shall, within fifteen calendar days of receiving an order declaring the
property unfit and prohibiting its use, submit a claim to his or her
insurer for reimbursement of costs of the property's demolition,
disposal, or decontamination, as well as all costs incurred by the
local health officer or the local law enforcement agency resulting from
the enforcement of this chapter, and shall provide proof of claim to
the local health officer or the local law enforcement agency.
(e) If the property owner has not acted to demolish, dispose of, or
decontaminate as set forth in this subsection regardless of
responsibility for costs, and the local health officer or local law
enforcement agency has taken responsibility for demolition, disposal,
or decontamination, including all associated costs, then all rights,
title, and interest in the property shall be deemed forfeited to the
local health jurisdiction or the local law enforcement agency.
(f) This subsection may not be construed to limit the authority of
a city, county, local law enforcement agency, or local health officer
to take action under this chapter to require the owner of the real
property upon which the contaminated vehicle or vessel is located to
comply with the requirements of this chapter, including provisions for
the right of notice and opportunity to appeal as provided in RCW
64.44.030.
(3) Except as provided in subsection (2) of this section, the local
health officer has thirty days from the issuance of an order declaring
a property unfit and prohibiting its use to establish a reasonable
timeline for decontamination. The department of health shall establish
the factors to be considered by the local health officer in
establishing the appropriate amount of time.
The local health officer shall notify the property owner of the
proposed time frame by United States mail to the last known address.
Notice shall be postmarked no later than the thirtieth day from the
issuance of the order. The property owner may request a modification
of the time frame by submitting a letter identifying the circumstances
which justify such an extension to the local health officer within
thirty-five days of the date of the postmark on the notification
regardless of when received.
Sec. 104 RCW 70.107.030 and 1974 ex.s. c 183 s 3 are each amended
to read as follows:
The department is empowered as follows:
(1) The department, after consultation with state agencies
expressing an interest therein, shall adopt, by rule, maximum noise
levels permissible in identified environments in order to protect
against adverse affects of noise on the health, safety and welfare of
the people, the value of property, and the quality of environment:
PROVIDED, That in so doing the department shall take also into account
the economic and practical benefits to be derived from the use of
various products in each such environment, whether the source of the
noise or the use of such products in each environment is permanent or
temporary in nature, and the state of technology relative to the
control of noise generated by all such sources of the noise or the
products.
(2) At any time after the adoption of maximum noise levels under
subsection (1) of this section the department shall, in consultation
with state agencies and local governments expressing an interest
therein, adopt rules, consistent with the Federal Noise Control Act of
1972 (86 Stat. 1234; 42 U.S.C. Sec. 4901-4918 and 49 U.S.C. Sec. 1431),
for noise abatement and control in the state designed to achieve
compliance with the noise level adopted in subsection (1) of this
section, including reasonable implementation schedules where
appropriate, to insure that the maximum noise levels are not exceeded
and that application of the best practicable noise control technology
and practice is provided. These rules may include, but shall not be
limited to:
(a) Performance standards setting allowable noise limits for the
operation of products which produce noise;
(b) Use standards regulating, as to time and place, the operation
of individual products which produce noise above specified levels
considering frequency spectrum and duration: PROVIDED, The rules shall
provide for temporarily exceeding those standards for stated purposes;
and
(c) Public information requirements dealing with disclosure of
levels and characteristics of noise produced by products.
(3) The department may, as desirable in the performance of its
duties under this chapter, conduct surveys, studies and public
education programs, and enter into contracts.
(4) The department is authorized to apply for and accept moneys
from the federal government and other sources to assist in the
implementation of this chapter.
(5) The legislature recognizes that the operation of motor vehicles
on public highways as defined in RCW ((46.09.020)) 46.09.310
contributes significantly to environmental noise levels and directs the
department, in exercising the rule-making authority under the
provisions of this section, to give first priority to the adoption of
motor vehicle noise performance standards.
(6) Noise levels and rules adopted by the department pursuant to
this chapter shall not be effective prior to March 31, 1975.
Sec. 105 RCW 70.120.010 and 1991 c 199 s 201 are each amended to
read as follows:
Unless the context clearly requires otherwise, the definitions in
this section apply throughout this chapter.
(1) "Department" means the department of ecology.
(2) "Director" means the director of the department of ecology.
(3) "Fleet" means a group of fifteen or more motor vehicles
registered in the same name and whose owner has been assigned a fleet
identifier code by the department of licensing.
(4) "Motor vehicle" means any self-propelled vehicle required to be
licensed pursuant to chapter ((46.16)) 46.16A RCW.
(5) "Motor vehicle dealer" means a motor vehicle dealer, as defined
in RCW 46.70.011, that is licensed pursuant to chapter 46.70 RCW.
(6) "Person" means an individual, firm, public or private
corporation, association, partnership, political subdivision of the
state, municipality, or governmental agency.
(7) The terms "air contaminant," "air pollution," "air quality
standard," "ambient air," "emission," and "emission standard" have the
meanings given them in RCW 70.94.030.
Sec. 106 RCW 70.120.160 and 1989 c 240 s 3 are each amended to
read as follows:
(1) The director shall review annually the air quality and
forecasted air quality of each area in the state designated as a
noncompliance area for motor vehicle emissions.
(2) An area shall no longer be designated as a noncompliance area
if the director determines that:
(a) Air quality standards for contaminants derived from motor
vehicle emissions are no longer being violated in the noncompliance
area; and
(b) The standards would not be violated if the emission inspection
system in the emission contributing area was discontinued and the
requirements of RCW ((46.16.015)) 46.16A.060 no longer applied.
Sec. 107 RCW 70.120.170 and 2005 c 295 s 6 are each amended to
read as follows:
(1) The department shall administer a system for emission
inspections of all motor vehicles, except those described in RCW
((46.16.015(2))) 46.16A.060(2), that are registered within the
boundaries of each emission contributing area. Under such system a
motor vehicle shall be inspected biennially except where an annual
program would be required to meet federal law and prevent federal
sanctions. In addition, motor vehicles shall be inspected at each
change of registered owner of a ((licensed)) registered vehicle as
provided under RCW ((46.16.015)) 46.16A.060.
(2) The director shall:
(a) Adopt procedures for conducting emission inspections of motor
vehicles. The inspections may include idle and high revolution per
minute emission tests. The emission test for diesel vehicles shall
consist solely of a smoke opacity test.
(b) Adopt criteria for calibrating emission testing equipment.
Electronic equipment used to test for emissions standards provided for
in this chapter shall be properly calibrated. The department shall
examine frequently the calibration of the emission testing equipment
used at the stations.
(c) Authorize, through contracts, the establishment and operation
of inspection stations for conducting vehicle emission inspections
authorized in this chapter. No person contracted to inspect motor
vehicles may perform for compensation repairs on any vehicles. No
public body may establish or operate contracted inspection stations.
Any contracts (([must])) must comply with the procedures established
for competitive bids in chapter 43.19 RCW.
(d) Beginning in 2012, authorize businesses other than those
contracted to operate inspection stations under (c) of this subsection
to conduct vehicle emission inspections. Businesses authorized under
this subsection may also inspect and perform, for compensation, repairs
on vehicles. The fee limitations under subsection (4) of this section
do not apply to the fee charged for a vehicle emissions inspection by
a business authorized to conduct vehicle emission inspections under
this subsection. The director may establish by rule a fee to be paid
to the department for the oversight costs for each vehicle emission
inspection performed by a business authorized under this subsection
(2)(d).
(3) Subsection (2)(c) of this section does not apply to volunteer
motor vehicle inspections under RCW 70.120.020(1) if the inspections
are conducted for the following purposes:
(a) Auditing;
(b) Contractor evaluation;
(c) Collection of data for establishing calibration and performance
standards; or
(d) Public information and education.
(4)(a) The director shall establish by rule the fee to be charged
for emission inspections. The inspection fee shall be a standard fee
applicable statewide or throughout an emission contributing area and
shall be no greater than fifteen dollars. Surplus moneys collected
from fees over the amount due the contractor shall be paid to the state
and deposited in the general fund. Fees shall be set at the minimum
whole dollar amount required to (i) compensate the contractor or
inspection facility owner, and (ii) offset the general fund
appropriation to the department to cover the administrative costs of
the motor vehicle emission inspection program.
(b) Before each inspection, a person whose motor vehicle is to be
inspected shall pay to the inspection station the fee established under
this section. The person whose motor vehicle is inspected shall
receive the results of the inspection. If the inspected vehicle
complies with the standards established by the director, the person
shall receive a dated certificate of compliance. If the inspected
vehicle does not comply with those standards, one reinspection of the
vehicle shall be afforded without charge.
(5) All units of local government and agencies of the state with
motor vehicles garaged or regularly operated in an emissions
contributing area shall test the emissions of those vehicles annually
to ensure that the vehicle's emissions comply with the emission
standards established by the director. All state agencies outside of
emission contributing areas with more than twenty motor vehicles housed
at a single facility or contiguous facilities shall test the emissions
of those vehicles annually to ensure that the vehicles' emissions
comply with standards established by the director. A report of the
results of the tests shall be submitted to the department.
(6) This section expires January 1, 2020.
Sec. 108 RCW 70.285.020 and 2010 c 147 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) "Accredited laboratory" means a laboratory that is:
(a) Qualified and equipped for testing of products, materials,
equipment, and installations in accordance with national or
international standards; and
(b) Accredited by a third-party organization approved by the
department to accredit laboratories for purposes of this chapter.
(2) "Alternative brake friction material" means brake friction
material that:
(a) Does not contain:
(i) More than 0.5 percent copper or its compounds by weight;
(ii) The constituents identified in RCW 70.285.030 at or above the
concentrations specified; and
(iii) Other materials determined by the department to be more
harmful to human health or the environment than existing brake friction
material;
(b) Enables motor vehicle brakes to meet applicable federal safety
standards, or if no federal safety standard exists, a widely accepted
industry standard;
(c) Is available at a cost and quantity that does not cause
significant financial hardship across the majority of brake friction
material and vehicle manufacturing industries; and
(d) Is available to enable brake friction material and vehicle
manufacturers to produce viable products meeting consumer expectations
regarding braking noise, shuddering, and durability.
(3) "Brake friction material" means that part of a motor vehicle
brake designed to retard or stop the movement of a motor vehicle
through friction against a rotor made of more durable material.
(4) "Committee" means the brake friction material advisory
committee.
(5) "Department" means the department of ecology.
(6)(a) "Motor vehicle" has the same meaning as defined in RCW
46.04.320 that are subject to ((licensing)) registration requirements
under RCW ((46.16.010)) 46.16A.030.
(b) "Motor vehicle" does not include:
(i) Motorcycles as defined in RCW 46.04.330;
(ii) Motor vehicles employing internal closed oil immersed motor
vehicle brakes or similar brake systems that are fully contained and
emit no debris or fluid under normal operating conditions;
(iii) Military combat vehicles;
(iv) Race cars, dual-sport vehicles, or track day vehicles, whose
primary use is for off-road purposes and are permitted under RCW
((46.16.160)) 46.16A.320; or
(v) Collector vehicles, as defined in RCW 46.04.126.
(7)(a) "Motor vehicle brake" means an energy conversion mechanism
used to retard or stop the movement of a motor vehicle.
(b) "Motor vehicle brake" does not include brakes designed
primarily to hold motor vehicles stationary and not for use while motor
vehicles are in motion.
(8) "Original equipment service" means brake friction material
provided as service parts originally designed for and using the same
brake friction material formulation sold with a new motor vehicle.
(9) "Small volume motor vehicle manufacturer" means a manufacturer
of motor vehicles with Washington annual sales of less than one
thousand new passenger cars, light-duty trucks, medium-duty vehicles,
heavy-duty vehicles, and heavy-duty engines based on the average number
of vehicles sold for the three previous consecutive model years.
Sec. 109 RCW 77.12.170 and 2009 c 333 s 13 are each amended to
read as follows:
(1) There is established in the state treasury the state wildlife
account which consists of moneys received from:
(a) Rentals or concessions of the department;
(b) The sale of real or personal property held for department
purposes, unless the property is seized or recovered through a fish,
shellfish, or wildlife enforcement action;
(c) The assessment of administrative penalties, and the sale of
licenses, permits, tags, and stamps required by chapter 77.32 RCW and
RCW 77.65.490, except annual resident adult saltwater and all annual
razor clam and shellfish licenses, which shall be deposited into the
state general fund;
(d) Fees for informational materials published by the department;
(e) Fees for personalized vehicle, Wild on Washington, and
Endangered Wildlife license plates and Washington's Wildlife license
plate collection as provided in chapter ((46.16)) 46.17 RCW;
(f) Articles or wildlife sold by the director under this title;
(g) Compensation for damage to department property or wildlife
losses or contributions, gifts, or grants received under RCW 77.12.320.
However, this excludes fish and shellfish overages, and court-ordered
restitution or donations associated with any fish, shellfish, or
wildlife enforcement action, as such moneys must be deposited pursuant
to RCW 77.15.425;
(h) Excise tax on anadromous game fish collected under chapter
82.27 RCW;
(i) The department's share of revenues from auctions and raffles
authorized by the commission; and
(j) The sale of watchable wildlife decals under RCW 77.32.560.
(2) State and county officers receiving any moneys listed in
subsection (1) of this section shall deposit them in the state treasury
to be credited to the state wildlife account.
Sec. 110 RCW 77.12.879 and 2009 c 333 s 22 are each amended to
read as follows:
(1) The aquatic invasive species prevention account is created in
the state treasury. Moneys directed to the account from RCW
((88.02.050)) 88.02.640(3)(a)(i) must be deposited in the account.
Expenditures from the account may only be used as provided in this
section. Moneys in the account may be spent only after appropriation.
(2) Funds in the aquatic invasive species prevention account may be
appropriated to the department to develop an aquatic invasive species
prevention program for recreational and commercial watercraft. Funds
must be expended as follows:
(a) To inspect recreational and commercial watercraft;
(b) To educate general law enforcement officers on how to enforce
state laws relating to preventing the spread of aquatic invasive
species;
(c) To evaluate and survey the risk posed by recreational and
commercial watercraft in spreading aquatic invasive species into
Washington state waters;
(d) To evaluate the risk posed by float planes in spreading aquatic
invasive species into Washington state waters; and
(e) To implement an aquatic invasive species early detection and
rapid response plan. The plan must address the treatment and immediate
response to the introduction to Washington waters of aquatic invasive
species. Agency and public review of the plan must be conducted under
chapter 43.21C RCW, the state environmental policy act. If the
implementation measures or actions would have a probable significant
adverse environmental impact, a detailed statement under chapter 43.21C
RCW must be prepared on the plan.
(3) Funds in the aquatic invasive species enforcement account
created in RCW 43.43.400 may be appropriated to the department and
Washington state patrol to develop an aquatic invasive species
enforcement program for recreational and commercial watercraft. The
department shall provide training to Washington state patrol employees
working at port of entry weigh stations, and other local law
enforcement employees, on how to inspect recreational and commercial
watercraft for the presence of aquatic invasive species. A person who
enters Washington by road transporting any commercial or recreational
watercraft that has been used in any designated aquatic invasive
species state or foreign country as defined by rule of the department
must have in his or her possession valid documentation that the
watercraft has been inspected and found free of aquatic invasive
species. The department is authorized to require persons transporting
recreational and commercial watercraft to stop at check stations.
Check stations must be plainly marked by signs, operated by at least
one uniformed fish and wildlife officer, and operated in a safe manner.
Any person stopped at a check station who possesses a recreational or
commercial watercraft that has been used in any designated aquatic
invasive species state or foreign country as defined by rule of the
department, or that is contaminated with aquatic invasive species, must
bear the expense for any necessary impoundment, transportation,
cleaning, and decontamination of the watercraft. Any person stopped at
a check station who possesses a recreational or commercial watercraft
that has been used in any designated aquatic invasive species state or
foreign country as defined by rule of the department, or that is
contaminated with aquatic invasive species, is exempt from the criminal
penalties found in RCW 77.15.253 and 77.15.290, and forfeiture under
RCW 77.15.070, if that person complies with all department directives
for the proper decontamination of the watercraft and equipment.
(4) The department shall submit a biennial report to the
appropriate legislative committees describing the actions taken to
implement this section along with suggestions on how to better fulfill
the intent of chapter 464, Laws of 2005.
Sec. 111 RCW 79A.05.020 and 1999 c 249 s 301 are each amended to
read as follows:
In addition to whatever other duties may exist in law or be imposed
in the future, it is the duty of the commission to:
(1) Implement integrated pest management practices and regulate
pests as required by RCW 17.15.020;
(2) Take steps necessary to control spartina and purple loosestrife
as required by RCW 17.26.020;
(3) Participate in the implementation of chapter 19.02 RCW;
(4) Coordinate planning and provide staffing and administrative
assistance to the Lewis and Clark trail committee as required by RCW
27.34.340;
(5) Administer those portions of chapter 46.10 RCW not dealing with
the registration ((and licensing)) of snowmobiles as required by RCW
((46.10.210)) 46.10.370;
(6) Consult and participate in the scenic and recreational highway
system as required by chapter 47.39 RCW; and
(7) Develop, prepare, and distribute information relating to marine
oil recycling tanks and sewage holding tank pumping stations, in
cooperation with other departments, as required by chapter 88.02 RCW.
The commission has the power reasonably necessary to carry out
these duties.
Sec. 112 RCW 79A.05.065 and 2010 c 161 s 1163 are each amended to
read as follows:
(1)(a) The commission shall grant to any person who meets the
eligibility requirements specified in this section a senior citizen's
pass which shall: (i) Entitle such a person, and members of his or her
camping unit, to a fifty percent reduction in the campsite rental fee
prescribed by the commission; and (ii) entitle such a person to free
admission to any state park.
(b) The commission shall grant a senior citizen's pass to any
person who applies for the senior citizen's pass and who meets the
following requirements:
(i) The person is at least sixty-two years of age;
(ii) The person is a domiciliary of the state of Washington and
meets reasonable residency requirements prescribed by the commission;
and
(iii) The person and his or her spouse have a combined income that
would qualify the person for a property tax exemption pursuant to RCW
84.36.381. The financial eligibility requirements of this subsection
(1)(b)(iii) apply regardless of whether the applicant for a senior
citizen's pass owns taxable property or has obtained or applied for
such property tax exemption.
(c) Each senior citizen's pass granted pursuant to this section is
valid as long as the senior citizen meets the requirements of (b)(ii)
of this subsection. A senior citizen meeting the eligibility
requirements of this section may make a voluntary donation for the
upkeep and maintenance of state parks.
(d) A holder of a senior citizen's pass shall surrender the pass
upon request of a commission employee when the employee has reason to
believe the holder fails to meet the criteria in (b) of this
subsection. The holder shall have the pass returned upon providing
proof to the satisfaction of the director that the holder meets the
eligibility criteria for obtaining the senior citizen's pass.
(2)(a) Any resident of Washington who is disabled as defined by the
social security administration and who receives social security
benefits for that disability, or any other benefits for that disability
from any other governmental or nongovernmental source, or who is
entitled to benefits for permanent disability under RCW 71A.10.020(3)
due to unemployability full time at the minimum wage, or who is legally
blind or profoundly deaf, or who has been issued a card, decal, or
special license plate for a permanent disability under RCW
((46.16.381)) 46.19.010 shall be entitled to receive, regardless of age
and upon making application therefor, a disability pass at no cost to
the holder. The pass shall: (i) Entitle such a person, and members of
his or her camping unit, to a fifty percent reduction in the campsite
rental fee prescribed by the commission; and (ii) entitle such a person
to free admission to any state park.
(b) A card, decal, or special license plate issued for a permanent
disability under RCW 46.19.010 may serve as a pass for the holder to
entitle that person and members of the person's camping unit to a fifty
percent reduction in the campsite rental fee prescribed by the
commission, and to allow the holder free admission to state parks.
(3) Any resident of Washington who is a veteran and has a service-connected disability of at least thirty percent shall be entitled to
receive a lifetime veteran's disability pass at no cost to the holder.
The pass shall: (a) Entitle such a person, and members of his or her
camping unit, to free use of any campsite within any state park; (b)
entitle such a person to free admission to any state park; and (c)
entitle such a person to an exemption from any reservation fees.
(4)(a) Any Washington state resident who provides out-of-home care
to a child, as either a licensed foster-family home or a person related
to the child, is entitled to a foster home pass.
(b) An applicant for a foster home pass must request a pass in the
manner required by the commission. Upon receipt of a properly
submitted request, the commission shall verify with the department of
social and health services that the applicant qualifies under (a) of
this subsection. Once issued, a foster home pass is valid for the
period, which may not be less than one year, designated by the
commission.
(c) When accompanied by a child receiving out-of-home care from the
pass holder, a foster home pass: (i) Entitles such a person, and
members of his or her camping unit, to free use of any campsite within
any state park; and (ii) entitles such a person to free admission to
any state park.
(d) For the purposes of this subsection (4):
(i) "Out-of-home care" means placement in a foster-family home or
with a person related to the child under the authority of chapter
13.32A, 13.34, or 74.13 RCW;
(ii) "Foster-family home" has the same meaning as defined in RCW
74.15.020; and
(iii) "Person related to the child" means those persons referred to
in RCW 74.15.020(2)(a) (i) through (vi).
(5) All passes issued pursuant to this section are valid at all
parks any time during the year. However, the pass is not valid for
admission to concessionaire operated facilities.
(6) The commission shall negotiate payment and costs, to allow
holders of a foster home pass free access and usage of park campsites,
with the following nonoperated, nonstate-owned parks: Central Ferry,
Chief Timothy, Crow Butte, and Lyons Ferry. The commission shall seek
state general fund reimbursement on a biennial basis.
(7) The commission may deny or revoke any Washington state park
pass issued under this section for cause, including but not limited to
the following:
(a) Residency outside the state of Washington;
(b) Violation of laws or state park rules resulting in eviction
from a state park;
(c) Intimidating, obstructing, or assaulting a park employee or
park volunteer who is engaged in the performance of official duties;
(d) Fraudulent use of a pass;
(e) Providing false information or documentation in the application
for a state parks pass;
(f) Refusing to display or show the pass to park employees when
requested; or
(g) Failing to provide current eligibility information upon request
by the agency or when eligibility ceases or changes.
(8) This section shall not affect or otherwise impair the power of
the commission to continue or discontinue any other programs it has
adopted for senior citizens.
(9) The commission may engage in a mutually agreed upon reciprocal
or discounted program for all or specific pass programs with other
outdoor recreation agencies.
(10) The commission shall adopt those rules as it finds appropriate
for the administration of this section. Among other things, the rules
shall prescribe a definition of "camping unit" which will authorize a
reasonable number of persons traveling with the person having a pass to
stay at the campsite rented by such a person, a minimum Washington
residency requirement for applicants for a senior citizen's pass, and
an application form to be completed by applicants for a senior
citizen's pass.
Sec. 113 RCW 79A.05.225 and 1999 c 249 s 1401 are each amended to
read as follows:
In addition to its other powers, duties, and functions the
commission may:
(1) Plan, construct, and maintain suitable facilities for winter
recreational activities on lands administered or acquired by the
commission or as authorized on lands administered by other public
agencies or private landowners by agreement;
(2) Provide and issue upon payment of the proper fee, under RCW
79A.05.230, 79A.05.240, and 46.61.585, with the assistance of such
authorized agents as may be necessary for the convenience of the
public, special permits to park in designated winter recreational area
parking spaces;
(3) Administer the snow removal operations for all designated
winter recreational area parking spaces; and
(4) Compile, publish, and distribute maps indicating such parking
spaces, adjacent trails, and areas and facilities suitable for winter
recreational activities.
The commission may contract with any public or private agency for
the actual conduct of such duties, but shall remain responsible for the
proper administration thereof. The commission is not liable for
unintentional injuries to users of lands administered for winter
recreation purposes under this section or under RCW ((46.10.210))
46.10.370, whether the lands are administered by the commission, by
other public agencies, or by private landowners through agreement with
the commission. Nothing in this section prevents the liability of the
commission for injuries sustained by a user by reason of a known
dangerous artificial latent condition for which warning signs have not
been conspicuously posted. A road covered with snow and groomed for
the purposes of winter recreation consistent with this chapter and
chapter 46.10 RCW shall not be presumed to be a known dangerous
artificial latent condition for the purposes of this chapter.
Sec. 114 RCW 79A.60.510 and 2007 c 341 s 57 are each amended to
read as follows:
The legislature finds that the waters of Washington state provide
a unique and valuable recreational resource to large and growing
numbers of boaters. Proper stewardship of, and respect for, these
waters requires that, while enjoying them for their scenic and
recreational benefits, boaters must exercise care to assure that such
activities do not contribute to the despoliation of these waters, and
that watercraft be operated in a safe and responsible manner. The
legislature has specifically addressed the topic of access to clean and
safe waterways by requiring the 1987 boating safety study and by
establishing the Puget Sound partnership.
The legislature finds that there is a need to educate Washington's
boating community about safe and responsible actions on our waters and
to increase the level and visibility of the enforcement of boating
laws. To address the incidence of fatalities and injuries due to
recreational boating on our state's waters, local and state efforts
directed towards safe boating must be stimulated. To provide for safe
waterways and public enjoyment, portions of the watercraft excise tax
and boat registration fees should be made available for boating safety
and other boating recreation purposes.
In recognition of the need for clean waterways, and in keeping with
the Puget Sound partnership's water quality work plan, the legislature
finds that adequate opportunities for responsible disposal of boat
sewage must be made available. There is hereby established a five-year
initiative to install sewage pumpout or sewage dump stations at
appropriate marinas.
To assure the use of these sewage facilities, a boater
environmental education program must accompany the five-year initiative
and continue to educate boaters about boat wastes and aquatic
resources.
The legislature also finds that, in light of the increasing numbers
of boaters utilizing state waterways, a program to acquire and develop
sufficient waterway access facilities for boaters must be undertaken.
To support boating safety, environmental protection and education,
and public access to our waterways, the legislature declares that a
portion of the income from boating-related activities, as specified in
RCW 82.49.030 and ((88.02.040)) 88.02.650, should support these
efforts.
Sec. 115 RCW 79A.60.630 and 2005 c 392 s 3 are each amended to
read as follows:
(1) The commission shall establish and implement by rule a program
to provide required boating safety education. The boating safety
education program shall include training on preventing the spread of
aquatic invasive species. The program shall be phased in so that all
boaters not exempted under RCW 79A.60.640(3) are required to obtain a
boater education card by January 1, 2016. To obtain a boater education
card, a boater shall provide a certificate of accomplishment issued by
a boating educator for taking and passing an accredited boating safety
education course, or pass an equivalency exam, or provide proof of
completion of a course that meets the standard adopted by the
commission.
(2) As part of the boating safety education program, the commission
shall:
(a) Establish a program to be phased over eleven years starting
July 1, 2005, with full implementation by January 1, 2016. The period
July 1, 2005, through December 31, 2007, will be program development,
boater notification of the new requirements for mandatory education,
and processing cards to be issued to individuals having taken an
accredited course prior to January 1, 2008. The schedule for phase-in
of the mandatory education requirement by age group is as follows:
January 1, 2008 - All boat operators twenty years old and younger;
January 1, 2009 - All boat operators twenty-five years old and younger;
January 1, 2010 - All boat operators thirty years old and younger;
January 1, 2011 - All boat operators thirty-five years old and younger;
January 1, 2012 - All boat operators forty years old and younger;
January 1, 2013 - All boat operators fifty years old and younger;
January 1, 2014 - All boat operators sixty years old and younger;
January 1, 2015 - All boat operators seventy years old and younger;
January 1, 2016 - All boat operators;
(b) Establish a minimum standard of boating safety education
accomplishment. The standard must be consistent with the applicable
standard established by the national association of state boating law
administrators;
(c) Adopt minimum standards for boating safety education course of
instruction and examination that ensures compliance with the national
association of state boating law administrators minimum standards;
(d) Approve and provide accreditation to boating safety education
courses operated by volunteers, or commercial or nonprofit
organizations, including, but not limited to, courses given by the
United States coast guard auxiliary and the United States power
squadrons;
(e) Develop an equivalency examination that may be taken as an
alternative to the boating safety education course;
(f) Establish a fee of ten dollars for the boater education card to
fund all commission activities related to the boating safety education
program created by chapter 392, Laws of 2005, including the initial
costs of developing the program. Any surplus funds resulting from the
fees received shall be distributed by the commission as grants to local
marine law enforcement programs approved by the commission as provided
in RCW ((88.02.040)) 88.02.650;
(g) Establish a fee for the replacement of the boater education
card that covers the cost of replacement;
(h) Consider and evaluate public agency and commercial
opportunities to assist in program administration with the intent to
keep administrative costs to a minimum;
(i) Approve and provide accreditation to boating safety education
courses offered online; and
(j) Provide a report to the legislature by January 1, 2008, on its
progress of implementation of the mandatory education program.
Sec. 116 RCW 79A.60.670 and 2007 c 311 s 2 are each amended to
read as follows:
(1) The boating activities program is created in the ((interagency
committee for outdoor recreation)) recreation and conservation funding
board.
(2) The ((interagency committee for outdoor recreation)) recreation
and conservation funding board shall distribute moneys appropriated
from the boating activities account created in RCW 79A.60.690 as
follows, or as otherwise appropriated by the legislature, after
deduction for the ((committee's)) board's expenses in administering the
boating activities ((grant)) program and for related studies:
(a) To the commission for boater safety, boater education, boating-related law enforcement activities, activities included in RCW
((88.02.040)) 88.02.650, related administrative expenses, and boating-related environmental programs, such as pumpout stations, to enhance
clean waters for boating;
(b) For grants to state agencies, counties, municipalities, port
districts, federal agencies, nonprofit organizations, and Indian tribes
to improve boating access to water and marine parks, enhance the boater
experience, boater safety, boater education, and boating-related law
enforcement activities, and to provide funds for boating-related
environmental programs, such as pumpout stations, to enhance clean
waters for boating; and
(c) If the amount available for distribution from the boating
activities account is equal to or less than two million five hundred
thousand dollars per fiscal year, then eighty percent of the amount
available must be distributed to the commission for the purposes of (a)
of this subsection and twenty percent for grants in (b) of this
subsection. Amounts available for distribution in excess of two
million five hundred thousand dollars per fiscal year shall be
distributed by the ((committee)) board for purposes of (a) and (b) of
this subsection.
(3) The ((interagency committee for outdoor recreation)) recreation
and conservation funding board shall establish an application process
for boating activities grants.
(4) Agencies receiving grants for capital purposes from the boating
activities account shall consider the possibility of contracting with
the commission, the department of natural resources, or other federal,
state, and local agencies to employ the youth development and
conservation corps or other youth crews in completing the project.
(5) To solicit input on the boating activities grant application
process, criteria for grant awards, and use of grant moneys, and to
determine the interests of the boating community, the ((interagency
committee for outdoor recreation)) recreation and conservation funding
board shall solicit input from a boating activities advisory committee.
The ((interagency committee for outdoor recreation)) recreation and
conservation funding board may utilize a currently established boating
issues committee that has similar responsibility for input on
recreational boating-related funding issues. Members of the boating
activities advisory committee are not eligible for compensation but may
be reimbursed for travel expenses as provided in RCW 43.03.050 and
43.03.060.
(6) The ((interagency committee for outdoor recreation)) recreation
and conservation funding board may adopt rules to implement this
section.
Sec. 117 RCW 82.08.020 and 2010 c 106 s 212 are each amended to
read as follows:
(1) There is levied and collected a tax equal to six and five-tenths percent of the selling price on each retail sale in this state
of:
(a) Tangible personal property, unless the sale is specifically
excluded from the RCW 82.04.050 definition of retail sale;
(b) Digital goods, digital codes, and digital automated services,
if the sale is included within the RCW 82.04.050 definition of retail
sale;
(c) Services, other than digital automated services, included
within the RCW 82.04.050 definition of retail sale;
(d) Extended warranties to consumers; and
(e) Anything else, the sale of which is included within the RCW
82.04.050 definition of retail sale.
(2) There is levied and collected an additional tax on each retail
car rental, regardless of whether the vehicle is licensed in this
state, equal to five and nine-tenths percent of the selling price. The
revenue collected under this subsection must be deposited in the
multimodal transportation account created in RCW 47.66.070.
(3) Beginning July 1, 2003, there is levied and collected an
additional tax of three-tenths of one percent of the selling price on
each retail sale of a motor vehicle in this state, other than retail
car rentals taxed under subsection (2) of this section. The revenue
collected under this subsection must be deposited in the multimodal
transportation account created in RCW 47.66.070.
(4) For purposes of subsection (3) of this section, "motor vehicle"
has the meaning provided in RCW 46.04.320, but does not include farm
tractors or farm vehicles as defined in RCW 46.04.180 and 46.04.181,
off-road ((and)) vehicles as defined in RCW 46.04.365, nonhighway
vehicles as defined in RCW ((46.09.020)) 46.09.310, and snowmobiles as
defined in RCW ((46.10.010)) 46.04.546.
(5) Beginning on December 8, 2005, 0.16 percent of the taxes
collected under subsection (1) of this section must be dedicated to
funding comprehensive performance audits required under RCW 43.09.470.
The revenue identified in this subsection must be deposited in the
performance audits of government account created in RCW 43.09.475.
(6) The taxes imposed under this chapter apply to successive retail
sales of the same property.
(7) The rates provided in this section apply to taxes imposed under
chapter 82.12 RCW as provided in RCW 82.12.020.
Sec. 118 RCW 82.12.800 and 1997 c 293 s 1 are each amended to
read as follows:
(1) The tax imposed under RCW 82.12.020 shall not apply to the
following uses of a vessel, as defined in RCW ((88.02.010)) 88.02.310,
by the manufacturer of the vessel:
(a) Activities to test, set-up, repair, remodel, evaluate, or
otherwise make a vessel seaworthy, to include performance, endurance,
and sink testing, if the vessel is to be held for sale;
(b) Training activities of a manufacturer's employees, agents, or
subcontractors involved in the development and manufacturing of the
manufacturer's vessels, if the vessel is to be held for sale;
(c) Activities to promote the sale of the manufacturer's vessels,
to include photography and video sessions to be used in promotional
materials; traveling directly to and from vessel promotional events for
the express purpose of displaying a manufacturer's vessels;
(d) Any vessels loaned or donated to a civic, religious, nonprofit,
or educational organization for continuous periods of use not exceeding
seventy-two hours, or longer if approved by the department; or to
vessels loaned or donated to governmental entities;
(e) Direct transporting, displaying, or demonstrating any vessel at
a wholesale or retail vessel show;
(f) Delivery of a vessel to a buyer, vessel manufacturer,
registered vessel dealer as defined in RCW ((88.02.010)) 88.02.310, or
to any other person involved in the manufacturing or sale of that
vessel for the purpose of the manufacturing or sale of that vessel; and
(g) Displaying, showing, and operating a vessel for sale to a
prospective buyer to include the short-term testing, operating, and
examining by a prospective buyer.
(2) Subsection (1) of this section shall apply to any trailer or
other similar apparatus used to transport, display, show, or operate a
vessel, if the trailer or other similar apparatus is held for sale.
Sec. 119 RCW 82.12.801 and 1997 c 293 s 2 are each amended to
read as follows:
(1) The tax imposed under RCW 82.12.020 shall not apply to the
following uses of a vessel, as defined in RCW ((88.02.010)) 88.02.310,
by a vessel dealer registered under chapter 88.02 RCW:
(a) Activities to test, set-up, repair, remodel, evaluate, or
otherwise make a vessel seaworthy, if the vessel is held for sale;
(b) Training activity of a dealer's employees, agents, or
subcontractors involved in the sale of the dealer's vessels, if the
vessel is held for sale;
(c) Activities to promote the sale of the dealer's vessels, to
include photography and video sessions to be used in promotional
materials; traveling directly to and from promotional vessel events for
the express purpose of displaying a dealer's vessels for sale, provided
it is displayed on the vessel that it is, in fact, for sale and the
identification of the registered vessel dealer offering the vessel for
sale is also displayed on the vessel;
(d) Any vessel loaned or donated to a civic, religious, nonprofit,
or educational organization for continuous periods of use not exceeding
seventy-two hours, or longer if approved by the department; or to
vessels loaned or donated to governmental entities;
(e) Direct transporting, displaying, or demonstrating any vessel at
a wholesale or retail vessel show;
(f) Delivery of a vessel to a buyer, vessel manufacturer,
registered vessel dealer as defined in RCW ((88.02.010)) 88.02.310, or
to any other person involved in the manufacturing or sale of that
vessel for the purpose of the manufacturing or sale of that vessel; and
(g) Displaying, showing, and operating a vessel for sale to a
prospective buyer to include the short-term testing, operating, and
examining by a prospective buyer.
(2) Subsection (1) of this section shall apply to any trailer or
other similar apparatus used to transport, display, show, or operate a
vessel, if the trailer or other similar apparatus is held for sale.
Sec. 120 RCW 82.14.430 and 2006 c 311 s 17 are each amended to
read as follows:
(1) If approved by the majority of the voters within its boundaries
voting on the ballot proposition, a regional transportation investment
district may impose a sales and use tax of up to 0.1 percent of the
selling price or value of the article used in the case of a use tax.
The tax authorized by this section is in addition to the tax authorized
by RCW 82.14.030 and must be collected from those persons who are
taxable by the state under chapters 82.08 and 82.12 RCW upon the
occurrence of any taxable event within the taxing district. Motor
vehicles are exempt from the sales and use tax imposed under this
subsection.
(2) If approved by the majority of the voters within its boundaries
voting on the ballot proposition, a regional transportation investment
district may impose a tax on the use of a motor vehicle within a
regional transportation investment district. The tax applies to those
persons who reside within the regional transportation investment
district. The rate of the tax may not exceed 0.1 percent of the value
of the motor vehicle. The tax authorized by this subsection is in
addition to the tax authorized under RCW 82.14.030 and must be imposed
and collected at the time a taxable event under RCW 82.08.020(1) or
82.12.020 takes place. All revenue received under this subsection must
be deposited in the local sales and use tax account and distributed to
the regional transportation investment district according to RCW
82.14.050. The following provisions apply to the use tax in this
subsection:
(a) Where persons are taxable under chapter 82.08 RCW, the seller
shall collect the use tax from the buyer using the collection
provisions of RCW 82.08.050.
(b) Where persons are taxable under chapter 82.12 RCW, the use tax
must be collected using the provisions of RCW 82.12.045.
(c) "Motor vehicle" has the meaning provided in RCW 46.04.320, but
does not include farm tractors or farm vehicles as defined in RCW
46.04.180 and 46.04.181, off-road ((and)) vehicles as defined in RCW
46.04.365, nonhighway vehicles as defined in RCW ((46.09.020))
46.09.310, and snowmobiles as defined in RCW ((46.10.010)) 46.04.546.
(d) "Person" has the meaning given in RCW 82.04.030.
(e) The value of a motor vehicle must be determined under RCW
82.12.010.
(f) Except as specifically stated in this subsection (2), chapters
82.12 and 82.32 RCW apply to the use tax. The use tax is a local tax
imposed under the authority of chapter 82.14 RCW, and chapter 82.14 RCW
applies fully to the use tax.
(3) In addition to fulfilling the notice requirements under RCW
82.14.055(1), and unless waived by the department, a regional
transportation investment district shall provide the department of
revenue with digital mapping and legal descriptions of areas in which
the tax will be collected.
Sec. 121 RCW 82.50.250 and 1967 ex.s. c 149 s 59 are each amended
to read as follows:
Whenever this chapter refers to chapter((s)) 46.12, ((46.16))
46.16A, or 82.44 RCW, with references to "house trailers", the term
"house trailer" as used in those chapters shall be construed to include
and embrace "mobile home and travel trailer" as used in chapter 149,
Laws of 1967 ex. sess.
Sec. 122 RCW 82.80.100 and 2002 c 56 s 408 are each amended to
read as follows:
(1) Upon approval of a majority of the voters within its boundaries
voting on the ballot proposition, a regional transportation investment
district may set and impose an annual local option vehicle license fee,
or a schedule of fees based upon the age of the vehicle, of up to one
hundred dollars per motor vehicle registered within the boundaries of
the region on every motor vehicle. As used in this section "motor
vehicle" has the meaning provided in RCW 46.04.320, but does not
include farm tractors or farm vehicles as defined in RCW 46.04.180 and
46.04.181, off-road ((and)) vehicles as defined in RCW 46.04.365,
nonhighway vehicles as defined in RCW ((46.09.020)) 46.09.310, and
snowmobiles as defined in RCW ((46.10.010)) 46.04.546. Vehicles
registered under chapter 46.87 RCW and the international registration
plan are exempt from the annual local option vehicle license fee set
forth in this section. The department of licensing shall administer
and collect this fee on behalf of regional transportation investment
districts and remit this fee to the custody of the state treasurer for
monthly distribution under RCW 82.80.080.
(2) The local option vehicle license fee applies only when renewing
a vehicle registration, and is effective upon the registration renewal
date as provided by the department of licensing.
(3) A regional transportation investment district imposing the
local option vehicle license fee or initiating an exemption process
shall enter into a contract with the department of licensing. The
contract must contain provisions that fully recover the costs to the
department of licensing for collection and administration of the fee.
(4) A regional transportation investment district imposing the
local option fee shall delay the effective date of the local option
vehicle license fee imposed by this section at least six months from
the date of the final certification of the approval election to allow
the department of licensing to implement the administration and
collection of or exemption from the fee.
Sec. 123 RCW 84.36.080 and 2000 c 103 s 24 are each amended to
read as follows:
(1) All ships and vessels which are exempt from excise tax under
RCW 82.49.020(2) and excepted from the registration requirements of RCW
((88.02.030(9))) 88.02.570(10) shall be and are hereby made exempt from
all ad valorem taxes, except taxes levied for any state purpose.
(2) All ships and vessels listed in the state or federal register
of historical places are exempt from all ad valorem taxes.
Sec. 124 RCW 88.02.530 and 2010 c 161 s 1015 are each amended to
read as follows:
(1) A legal owner or the legal owner's authorized representative
shall promptly apply for a duplicate certificate of title if a
certificate of title is lost, stolen, mutilated, or destroyed, or
becomes illegible. The application for a duplicate certificate of
title must:
(a) Include information required by the department;
(b) Be accompanied by an affidavit of loss or destruction;
(c) Be accompanied by the fee required in RCW 88.02.640(1)(((j)))
(k).
(2) The duplicate certificate of title must contain the word
"duplicate." It must be mailed to the first priority secured party
named in it or, if none, to the registered owner.
(3) A person recovering a certificate of title for which a
duplicate has been issued shall promptly return the certificate of
title that has been recovered to the department.
Sec. 125 RCW 88.02.560 and 2010 c 161 s 1019 are each amended to
read as follows:
(1) An application for vessel registration must be made by the
owner or the owner's authorized representative to the department,
county auditor or other agent, or subagent appointed by the director on
a form furnished or approved by the department. The application must
contain:
(a) The name and address of each owner of the vessel;
(b) Other information the department may require; and
(c) The signature of at least one owner.
(2) The application for vessel registration must be accompanied by
the:
(a) Vessel registration fee required under RCW 88.02.640(1)(((h)))
(i);
(b) Derelict vessel and invasive species removal fee under RCW
88.02.640(3)(a) and derelict vessel removal surcharge required under
RCW 88.02.640(((3)(a))) (4);
(c) Filing fee required under RCW 88.02.640(1)(((d))) (e);
(d) License plate technology fee required under RCW
88.02.640(1)(((e))) (f);
(e) License service fee required under RCW 88.02.640(1)(((f))) (g);
and
(f) Watercraft excise tax required under chapter 82.49 RCW.
(3) Upon receipt of an application for vessel registration and the
required fees and taxes, the department shall assign a registration
number and issue a decal for the vessel. The registration number and
decal must be issued and affixed to the vessel in a manner prescribed
by the department consistent with the standard numbering system for
vessels required in 33 C.F.R. Part 174. A valid decal affixed as
prescribed shall indicate compliance with the annual registration
requirements of this chapter.
(4) Vessel registrations and decals are valid for a period of one
year, except that the director may extend or diminish vessel
registration periods and vessel decals for the purpose of staggered
renewal periods. For registration periods of more or less than one
year, the department may collect prorated annual registration fees and
excise taxes based upon the number of months in the registration
period.
(5) Vessel registrations are renewable every year in a manner
prescribed by the department upon payment of the fees and taxes
described in subsection (2) of this section. Upon renewing a vessel
registration, the department shall issue a new decal to be affixed as
prescribed by the department.
(6) When the department issues either a notice to renew a vessel
registration or a decal for a new or renewed vessel registration, it
shall also provide information on the location of marine oil recycling
tanks and sewage holding tank pumping stations. This information will
be provided to the department by the state parks and recreation
commission in a form ready for distribution. The form must be
developed and prepared by the state parks and recreation commission
with the cooperation of the department of ecology. The department, the
state parks and recreation commission, and the department of ecology
shall enter into a memorandum of agreement to implement this process.
(7) A person acquiring a vessel from a dealer or a vessel already
validly registered under this chapter shall, within fifteen days of the
acquisition or purchase of the vessel, apply to the department, county
auditor or other agent, or subagent appointed by the director for
transfer of the vessel registration, and the application must be
accompanied by a transfer fee as required in RCW 88.02.640(1)(((k)))
(l).
Sec. 126 RCW 88.02.560 and 2010 c 161 s 1020 are each amended to
read as follows:
(1) An application for a vessel registration must be made by the
owner or the owner's authorized representative to the department,
county auditor or other agent, or subagent appointed by the director on
a form furnished or approved by the department. The application must
contain:
(a) The name and address of each owner of the vessel;
(b) Other information the department may require; and
(c) The signature of at least one owner.
(2) The application for vessel registration must be accompanied by
the:
(a) Vessel registration fee required under RCW 88.02.640(1)(((h)))
(i);
(b) Derelict vessel and invasive species removal fee under RCW
88.02.640(3)(b) and derelict vessel removal surcharge required under
RCW 88.02.640(((3)(b))) (4);
(c) Filing fee required under RCW 88.02.640(1)(((d))) (e);
(d) License plate technology fee required under RCW
88.02.640(1)(((e))) (f);
(e) License service fee required under RCW 88.02.640(1)(((f))) (g);
and
(f) Watercraft excise tax required under chapter 82.49 RCW.
(3) Upon receipt of an application for vessel registration and the
required fees and taxes, the department shall assign a registration
number and issue a decal for each vessel. The registration number and
decal must be issued and affixed to the vessel in a manner prescribed
by the department consistent with the standard numbering system for
vessels required in 33 C.F.R. Part 174. A valid decal affixed as
prescribed must indicate compliance with the annual registration
requirements of this chapter.
(4) Vessel registrations and decals are valid for a period of one
year, except that the director may extend or diminish vessel
registration periods and vessel decals for the purpose of staggered
renewal periods. For registration periods of more or less than one
year, the department may collect prorated annual registration fees and
excise taxes based upon the number of months in the registration
period.
(5) Vessel registrations are renewable every year in a manner
prescribed by the department upon payment of the fees and taxes
described in subsection (2) of this section. Upon renewing a vessel
registration, the department shall issue a new decal to be affixed as
prescribed by the department.
(6) When the department issues either a notice to renew a vessel
registration or a decal for a new or renewed vessel registration, it
shall also provide information on the location of marine oil recycling
tanks and sewage holding tank pumping stations. This information must
be provided to the department by the state parks and recreation
commission in a form ready for distribution. The form must be
developed and prepared by the state parks and recreation commission
with the cooperation of the department of ecology. The department, the
state parks and recreation commission, and the department of ecology
shall enter into a memorandum of agreement to implement this process.
(7) A person acquiring a vessel from a dealer or a vessel already
validly registered under this chapter shall, within fifteen days of the
acquisition or purchase of the vessel, apply to the department, county
auditor or other agent, or subagent appointed by the director for
transfer of the vessel registration, and the application must be
accompanied by a transfer fee as required in RCW 88.02.640(1)(((k)))
(l).
Sec. 127 RCW 88.02.590 and 2010 c 161 s 1021 are each amended to
read as follows:
(1) A registered owner or the registered owner's authorized
representative shall promptly apply for a duplicate registration
certificate when a registration certificate is lost, stolen, mutilated,
or destroyed, or becomes illegible. The application for a duplicate
registration certificate must:
(a) Be accompanied by an affidavit of loss or destruction;
(b) Include information required by the department; and
(c) Be accompanied by the fee required in RCW 88.02.640(1)(((c)))
(d), in addition to any other fees or taxes required for the
transaction.
(2) A person recovering a registration certificate for which a
duplicate has been issued shall promptly return the registration
certificate that has been recovered to the department.
Sec. 128 RCW 88.02.595 and 2010 c 161 s 1022 are each amended to
read as follows:
(1) A registered owner or the registered owner's authorized
representative shall promptly apply for a pair of replacement decals
when the decals are lost, stolen, mutilated, or destroyed, or become
illegible. The application for replacement decals must:
(a) Be accompanied by an affidavit of loss or destruction;
(b) Include information required by the department;
(c) Be accompanied by the fee required in RCW 88.02.640(1)(((i)))
(j), in addition to any other fees or taxes required for the
transaction.
(2) A person recovering decals for which a replacement has been
issued shall promptly return the decals that have been recovered to the
department.
Sec. 129 RCW 88.02.610 and 2010 c 161 s 1026 are each amended to
read as follows:
(1) A vessel owner shall apply for a vessel visitor permit if the
vessel is:
(a) Currently registered or numbered under the laws of a country
other than the United States or has a valid United States customs
service cruising license issued under 19 C.F.R. Sec. 4.94; and
(b) Being used on Washington state waters for the personal use of
the owner for more than sixty days.
(2) A vessel visitor permit:
(a) May be obtained from the department, county auditor or other
agent, or subagent appointed by the director;
(b) Must show the date the vessel first came into Washington state;
and
(c) Is valid as long as the vessel remains currently registered or
numbered under the laws of a country other than the United States or
the United States customs service cruising license remains valid.
(3) The department, county auditor or other agent, or subagent
appointed by the director shall collect the fee required in RCW
88.02.640(1)(((l))) (m) when issuing a vessel visitor permit.
(4) The department shall adopt rules to implement this section,
including rules on issuing and displaying the vessel visitor permit.
Sec. 130 RCW 88.02.620 and 2010 c 161 s 1027 are each amended to
read as follows:
(1) A vessel owner who is a nonresident natural person shall apply
for a nonresident vessel permit on or before the sixty-first day of use
in Washington state if the vessel:
(a) Is currently registered or numbered under the laws of the state
of principal operation or has been issued a valid number under federal
law; and
(b) Has been brought into Washington state for personal use for not
more than six months in any continuous twelve-month period.
(2) A nonresident vessel permit:
(a) May be obtained from the department, county auditor or other
agent, or subagent appointed by the director;
(b) Must show the date the vessel first came into Washington state;
and
(c) Is valid for two months.
(3) The department, county auditor or other agent, or subagent
appointed by the director shall collect the fee required in RCW
88.02.640(1)(((g))) (h) when issuing nonresident vessel permits.
(4) A nonresident vessel permit is not required under this section
if the vessel is used in conducting temporary business activity within
Washington state.
(5) The department shall adopt rules to implement this section,
including rules on issuing and displaying the nonresident vessel
permit.
Sec. 131 RCW 88.02.640 and 2010 c 161 s 1028 are each amended to
read as follows:
(1) In addition to any other fees and taxes required by law, the
department, county auditor or other agent, or subagent appointed by the
director shall charge the following vessel fees and surcharge:
| FEE | AMOUNT | AUTHORITY | DISTRIBUTION |
| (a) Dealer temporary permit | $5.00 | RCW 88.02.800(2) | General fund |
| (b) Derelict vessel and invasive species removal | Subsection (3) of this section | Subsections (3) and (4) of this section | Subsection (3) of this section |
| (c) Derelict vessel removal surcharge | $1.00 | Subsection (4) of this section | Subsection (4) of this section |
| (d) Duplicate registration | $1.25 | RCW 88.02.590(1)(c) | General fund |
| (( | RCW 46.17.005 | RCW 46.17.005 | RCW (( |
| (( | RCW 46.17.015 | RCW 46.17.015 | RCW (( |
| (( | RCW 46.17.025 | RCW 46.17.025 | RCW 46.68.220 |
| (( | $25.00 | RCW 88.02.620(3) | Subsection (6) of this section |
| (( | $10.50 | RCW 88.02.560(2) | General fund |
| (( | $1.25 | RCW 88.02.595(1)(c) | General fund |
| (( | $5.00 | RCW 88.02.515 | General fund |
| (( | $1.00 | RCW 88.02.560(7) | General fund |
| (( | $30.00 | RCW 88.02.610(3) | General fund |
Sec. 132 RCW 88.02.650 and 2010 c 161 s 1029 are each amended to
read as follows:
General fees for vessel registrations collected by the director
must be deposited in the general fund. Any amount above one million
one hundred thousand dollars per fiscal year must be allocated to
counties by the state treasurer for boating safety/education and law
enforcement programs. Eligibility for boating safety/education and law
enforcement program allocations is contingent upon approval of the
local boating safety program by the state parks and recreation
commission. Fund allocation must be based on the numbers of registered
vessels by county of moorage. Each benefitting county is responsible
for equitable distribution of such allocation to other jurisdictions
with approved boating safety programs within the county. Any fees not
allocated to counties due to the absence of an approved boating safety
program must be allocated to the state parks and recreation commission
for awards to local governments to offset law enforcement and boating
safety impacts of boaters recreating in jurisdictions other than where
registered. Jurisdictions receiving funds under this section shall
deposit the funds into an account dedicated solely for supporting the
jurisdiction's boating safety programs. These funds may not replace
existing local funds used for boating safety programs.
Sec. 133 2010 c 161 s 438 (uncodified) is amended to read as
follows:
The following acts or parts of acts are each repealed:
(1) RCW 46.16.0105 (Exemption--Vehicles in national recreation
areas) and 2005 c 79 s 1;
(2) RCW 46.16.016 (Emission control inspections -- Rules for
licensing requirements) and 1979 ex.s. c 163 s 15;
(3) RCW 46.16.017 (Emission standards--Compliance required to
register, lease, rent, or sell vehicles--Exemptions) and 2005 c 295 s
7;
(4) RCW 46.16.023 (Ride-sharing vehicles -- Special plates -- Gross
misdemeanor) and 2004 c 223 s 2, 1993 c 488 s 5, & 1987 c 175 s 2;
(5) RCW 46.16.035 (Exemptions -- Private school buses) and 1990 c 33
s 584 & 1980 c 88 s 1;
(6) RCW 46.16.0621 (License fee) and 2003 c 1 s 2, 2002 c 352 s 7,
& 2000 1st sp.s. c 1 s 1;
(7) RCW 46.16.063 (Additional fee for recreational vehicles) and
1996 c 237 s 1 & 1980 c 60 s 2;
(8) RCW 46.16.071 (Additional fees) and 1996 c 315 s 4;
(9) RCW 46.16.079 (Fixed load motor vehicle equipped for lifting or
towing -- Capacity fee in addition to and in lieu) and 1986 c 18 s 5,
1975 c 25 s 16, & 1963 c 18 s 1;
(10) RCW 46.16.085 (Commercial trailers, pole trailers -- Fee in
lieu) and 1991 c 163 s 3, 1989 c 156 s 2, 1987 c 244 s 4, 1986 c 18 s
8, & 1985 c 380 s 16;
(11) RCW 46.16.088 (Transfer of license plates -- Penalty) and 1986
c 18 s 9 & 1985 c 380 s 17;
(12) RCW 46.16.111 (Gross weight, how computed) and 1987 c 244 s 5,
1986 c 18 s 11, 1971 ex.s. c 231 s 1, 1969 ex.s. c 170 s 6, & 1967
ex.s. c 83 s 57;
(13) RCW 46.16.121 (Seating capacity fees on stages, for hire
vehicles) and 1967 ex.s. c 83 s 58;
(14) RCW 46.16.135 (Monthly license fee -- Penalty) and 1986 c 18 s
12, 1985 c 380 s 19, 1979 ex.s. c 136 s 46, 1979 c 134 s 1, 1975-'76
2nd ex.s. c 64 s 3, 1975 1st ex.s. c 118 s 6, 1969 ex.s. c 170 s 7, &
1961 c 12 s 46.16.135;
(15) RCW 46.16.150 (School buses exempt from load and seat capacity
fees) and 1961 c 12 s 46.16.150;
(16) RCW 46.16.200 (Applications to agents -- Transmittal to
director) and 1961 c 12 s 46.16.200;
(17) RCW 46.16.220 (Time of renewal of licenses -- Duration) and 1997
c 241 s 9, 1991 c 339 s 20, 1975 1st ex.s. c 118 s 9, 1969 ex.s. c 170
s 9, & 1961 c 12 s 46.16.220;
(18) RCW 46.16.230 (License plates furnished) and 1992 c 7 s 41,
1975 c 25 s 19, & 1961 c 12 s 46.16.230;
(19) RCW 46.16.233 (Standard background -- Periodic replacement -- Retention of current plate number) and 2003 c 361 s 501, 2003 c 196 s
401, 2000 c 37 s 1, & 1997 c 291 s 2;
(20) RCW 46.16.235 (State name not abbreviated) and 1965 ex.s. c 78
s 2;
(21) RCW 46.16.237 (Reflectorized materials -- Fee) and 2005 c 314 s
301, 1987 c 52 s 1, & 1967 ex.s. c 145 s 60;
(22) RCW 46.16.240 (Attachment of plates to vehicles -- Violations
enumerated) and 2006 c 326 s 1;
(23) RCW 46.16.270 (Replacement of plates -- Fee) and 2005 c 314 s
302, 1997 c 291 s 3, 1990 c 250 s 32, & 1987 c 178 s 2;
(24) RCW 46.16.280 (Sale, loss, or destruction of commercial
vehicle -- Credit for unused fee -- Change in license classification) and
1987 c 244 s 7, 1986 c 18 s 17, 1967 c 32 s 20, & 1961 c 12 s
46.16.280;
(25) RCW 46.16.290 (Disposition of license plates, certificate on
vehicle transfer) and 2004 c 223 s 3, 1997 c 291 s 4, 1986 c 18 s 18,
1983 c 27 s 2, & 1961 c 12 s 46.16.290;
(26) RCW 46.16.295 (Returned plates -- Reuse) and 2003 c 359 s 1;
(27) RCW 46.16.305 (Special license plates -- Continuance of earlier
issues -- Conditions for current issues) and 2008 c 72 s 1;
(28) RCW 46.16.307 (Collectors' vehicles -- Use restrictions) and
1996 c 225 s 11;
(29) RCW 46.16.30901 (Professional firefighters and paramedics
plate) and 2004 c 35 s 1;
(30) RCW 46.16.30902 (Washington State Council of Firefighters
benevolent fund) and 2004 c 35 s 4;
(31) RCW 46.16.30903 (Helping Kids Speak plate) and 2004 c 48 s 1;
(32) RCW 46.16.30904 ("Helping Kids Speak" account) and 2004 c 48
s 4;
(33) RCW 46.16.30905 (Law enforcement memorial plate) and 2004 c
221 s 1;
(34) RCW 46.16.30906 (Law enforcement memorial account) and 2004 c
221 s 4;
(35) RCW 46.16.30907 (Washington's Wildlife plate collection) and
2005 c 42 s 1;
(36) RCW 46.16.30908 (Washington's Wildlife license plate
collection--Definition) and 2005 c 42 s 2;
(37) RCW 46.16.30909 (Washington state parks and recreation
commission plate) and 2005 c 44 s 1;
(38) RCW 46.16.30910 (Washington state parks and recreation
commission special license plate--Definition) and 2005 c 44 s 2;
(39) RCW 46.16.30911 ("Washington Lighthouses" plate) and 2005 c 48
s 1;
(40) RCW 46.16.30912 (Lighthouse environmental programs account)
and 2005 c 48 s 4;
(41) RCW 46.16.30913 ("Keep Kids Safe" plate) and 2005 c 53 s 1;
(42) RCW 46.16.30914 ("We love our pets" plate) and 2005 c 71 s 1;
(43) RCW 46.16.30915 (We love our pets account) and 2005 c 71 s 4;
(44) RCW 46.16.30916 (Gonzaga University alumni association plate)
and 2005 c 85 s 1;
(45) RCW 46.16.30917 (Gonzaga University alumni association
account) and 2005 c 85 s 4;
(46) RCW 46.16.30918 ("Washington's National Park Fund" plate) and
2005 c 177 s 1;
(47) RCW 46.16.30919 ("Washington's National Park Fund" account)
and 2005 c 177 s 4;
(48) RCW 46.16.30920 (Armed forces plate collection) and 2008 c 183
s 1 & 2005 c 216 s 1;
(49) RCW 46.16.30921 (Armed forces license plate collection--Definition--No free issuance) and 2008 c 183 s 2 & 2005 c 216 s 2;
(50) RCW 46.16.30923 ("Ski & Ride Washington" account) and 2005 c
220 s 4;
(51) RCW 46.16.30924 (Wild On Washington plate) and 2005 c 224 s 1;
(52) RCW 46.16.30925 (Wild On Washington license plates--Definition) and 2005 c 224 s 2;
(53) RCW 46.16.30926 (Endangered Wildlife plate) and 2005 c 225 s
1;
(54) RCW 46.16.30927 (Endangered Wildlife license plates--Definition) and 2005 c 225 s 2;
(55) RCW 46.16.30928 ("Share the Road" plate) and 2005 c 426 s 1;
(56) RCW 46.16.30929 ("Share the Road" account) and 2005 c 426 s 4;
(57) RCW 46.16.313 (Special license plates -- Fees) and 2005 c 426 s
3, 2005 c 225 s 3, 2005 c 224 s 3, 2005 c 220 s 3, 2005 c 216 s 3, 2005
c 177 s 3, 2005 c 85 s 3, 2005 c 71 s 3, 2005 c 53 s 3, 2005 c 48 s 3,
2005 c 44 s 3, & 2005 c 42 s 3;
(58) RCW 46.16.316 (Special license plates -- Transfer of vehicle -- Replacement plates) and 2005 c 210 s 2;
(59) RCW 46.16.333 (Cooper Jones emblems) and 2005 c 426 s 5 & 2002
c 264 s 3;
(60) ((RCW 46.16.335 (Special license plates and emblems -- Rules)
and 1990 c 250 s 10;)) RCW 46.16.340 (Amateur radio operator plates -- Information
furnished to various agencies) and 1995 c 391 s 8, 1986 c 266 s 49,
1985 c 7 s 112, 1974 ex.s. c 171 s 43, 1967 c 32 s 23, & 1961 c 12 s
46.16.340;
(61)
(((62))) (61) RCW 46.16.350 (Amateur radio operator plates--Expiration or revocation of radio license -- Penalty) and 1997 c 291 s
11, 1990 c 250 s 11, 1979 ex.s. c 136 s 49, 1967 c 32 s 24, & 1961 c 12
s 46.16.350;
(((63))) (62) RCW 46.16.371 (Special plates for honorary consul,
foreign government representative) and 1987 c 237 s 1;
(((64))) (63) RCW 46.16.374 (Taipei Economic and Cultural Office--Special plates) and 2001 c 64 s 5 & 1996 c 139 s 1;
(((65))) (64) RCW 46.16.376 (Taipei Economic and Cultural Office--Fee exemption) and 1996 c 139 s 2;
(((66))) (65) RCW 46.16.381 (Special parking for persons with
disabilities -- Penalties -- Enforcement -- Definition) and 2007 c 262 s 1,
2007 c 44 s 1, 2006 c 357 s 2, 2005 c 390 s 2, 2004 c 222 s 2, 2003 c
371 s 1, 2002 c 175 s 33, 2001 c 67 s 1, 1999 c 136 s 1, 1998 c 294 s
1, 1995 c 384 s 1, 1994 c 194 s 6, 1993 c 106 s 1, 1992 c 148 s 1, 1991
c 339 s 21, 1990 c 24 s 1, 1986 c 96 s 1, & 1984 c 154 s 2;
(((67))) (66) RCW 46.16.385 (Versions of special plates for persons
with disabilities) and 2005 c 390 s 3, 2005 c 210 s 3, & 2004 c 222 s
1;
(((68))) (67) RCW 46.16.470 (Temporary license -- Display) and 1967
c 202 s 5;
(((69))) (68) RCW 46.16.480 (Nonresident members of armed forces--Exemption from sales, use, or motor vehicle excise taxes -- Extent of
exemption) and 1967 c 202 s 6;
(((70))) (69) RCW 46.16.490 (Nonresident members of armed forces--Rules and regulations -- Proof) and 1979 c 158 s 142 & 1967 c 202 s 7;
(((71))) (70) RCW 46.16.505 (Campers -- License and plates--Application -- Fee) and 1975 1st ex.s. c 118 s 11, 1975 c 41 s 1, & 1971
ex.s. c 231 s 7;
(((72))) (71) RCW 46.16.560 (Personalized license plates -- Defined)
and 1975 c 59 s 1 & 1973 1st ex.s. c 200 s 2;
(((73))) (72) RCW 46.16.565 (Personalized license plates--Application) and 1985 c 173 s 1, 1983 c 27 s 4, 1975 c 59 s 2, & 1973
1st ex.s. c 200 s 3;
(((74))) (73) RCW 46.16.570 (Personalized license plates -- Design)
and 2005 c 210 s 4, 1986 c 108 s 1, 1983 1st ex.s. c 24 s 1, 1975 c 59
s 3, & 1973 1st ex.s. c 200 s 4;
(((75))) (74) RCW 46.16.575 (Personalized license plates -- Issuance
to registered owner only) and 1973 1st ex.s. c 200 s 5;
(((76))) (75) RCW 46.16.580 (Personalized license plates--Application requirements) and 1973 1st ex.s. c 200 s 6;
(((77))) (76) RCW 46.16.585 (Personalized license plates -- Fees--Renewal -- Penalty) and 1979 ex.s. c 136 s 51, 1975 c 59 s 4, & 1973 1st
ex.s. c 200 s 7;
(((78))) (77) RCW 46.16.590 (Personalized license plates -- Transfer
fees) and 2004 c 223 s 5, 1975 c 59 s 5, & 1973 1st ex.s. c 200 s 8;
(((79))) (78) RCW 46.16.595 (Personalized license plates -- Transfer
or surrender upon sale or release of vehicle -- Penalty) and 1979 ex.s.
c 136 s 52, 1975 c 59 s 6, & 1973 1st ex.s. c 200 s 9;
(((80))) (79) RCW 46.16.600 (Personalized license plates -- Rules and
regulations) and 2005 c 210 s 5, 1979 c 158 s 143, & 1973 1st ex.s. c
200 s 10;
(((81))) (80) RCW 46.16.601 (Personalized special plates) and 2005
c 210 s 1;
(((82))) (81) RCW 46.16.605 (Personalized license plates--Disposition of fees -- Costs) and 1988 c 36 s 27, 1983 1st ex.s. c 24 s
2, 1983 c 3 s 118, 1979 c 158 s 144, & 1973 1st ex.s. c 200 s 11;
(((83))) (82) RCW 46.16.606 (Personalized license plates--Additional fee) and 2007 c 246 s 2 & 1991 sp.s. c 7 s 13;
(((84))) (83) RCW 46.16.630 (Moped registration) and 2002 c 352 s
9, 1997 c 241 s 11, & 1979 ex.s. c 213 s 5;
(((85))) (84) RCW 46.16.640 (Wheelchair conveyances) and 1983 c 200
s 2;
(((86))) (85) RCW 46.16.670 (Boat trailers -- Fee for freshwater
aquatic weeds account) and 1991 c 302 s 3;
(((87))) (86) RCW 46.16.680 (Kit vehicles) and 2009 c 284 s 2 &
1996 c 225 s 10;
(((88))) (87) RCW 46.17.010 (Vehicle weight fee--Motor vehicles,
except motor homes) and 2006 c 337 s 9 & 2005 c 314 s 201; and
(((89))) (88) RCW 46.17.020 (Vehicle weight fee--Motor homes) and
2005 c 314 s 202.
NEW SECTION. Sec. 134 The following acts or parts of acts are
each repealed:
(1) RCW 46.04.1961 (Helping kids speak license plates) and 2010 c
161 s 119;
(2) RCW 46.04.7051 (We love our pets license plates) and 2010 c 161
s 160;
(3) RCW 46.10.405 (Registration--Valid before transfer) and 2010
c 161 s 230, 1982 c 17 s 3, 1979 ex.s. c 182 s 6, & 1975 1st ex.s. c
181 s 4;
(4) RCW 46.16.30922 ("Ski & Ride Washington" plate) and 2010 1st
sp.s. c 7 s 109 & 2005 c 220 s 1;
(5) RCW 46.18.030 (Authority to continue) and 2003 c 196 s 501 &
1997 c 291 s 9; and
(6) RCW 88.02.655 (Allocation of funds under RCW 88.02.650 to
counties -- Deposit to account for boating safety programs) and 2010 c
161 s 1030 & 1993 c 244 s 40.
NEW SECTION. Sec. 135 RCW 46.04.391 is recodified as RCW
46.04.4141.
NEW SECTION. Sec. 136 RCW 46.16.900 is recodified as RCW
46.16A.900.
NEW SECTION. Sec. 137 Section 125 of this act expires June 30,
2012.
NEW SECTION. Sec. 138 Section 126 of this act takes effect June
30, 2012.
NEW SECTION. Sec. 139 Except for section 126 of this act, this
act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing
public institutions, and takes effect July 1, 2011.