CERTIFICATION OF ENROLLMENT

SUBSTITUTE HOUSE BILL 1328

Chapter 332, Laws of 2011

62nd Legislature
2011 Regular Session



MOTORCYCLES--OPERATION--LICENSE PLATES



EFFECTIVE DATE: 07/22/11

Passed by the House April 14, 2011
  Yeas 97   Nays 0

FRANK CHOPP
________________________________________    
Speaker of the House of Representatives


Passed by the Senate April 9, 2011
  Yeas 49   Nays 0


BRAD OWEN
________________________________________    
President of the Senate
 
CERTIFICATE

I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1328 as passed by the House of Representatives and the Senate on the dates hereon set forth.


BARBARA BAKER
________________________________________    
Chief Clerk
Approved May 12, 2011, 2:12 p.m.








CHRISTINE GREGOIRE
________________________________________    
Governor of the State of Washington
 
FILED
May 13, 2011







Secretary of State
State of Washington


_____________________________________________ 

SUBSTITUTE HOUSE BILL 1328
_____________________________________________

AS AMENDED BY THE SENATE

Passed Legislature - 2011 Regular Session
State of Washington62nd Legislature2011 Regular Session

By House Transportation (originally sponsored by Representatives Van De Wege, DeBolt, Blake, Klippert, Hinkle, Ross, Hasegawa, Kirby, Billig, Liias, Takko, Stanford, Finn, Alexander, Short, Angel, Dammeier, Zeiger, Upthegrove, Tharinger, Green, Kelley, Hurst, McCune, Kenney, and Maxwell)

READ FIRST TIME 02/01/11.   



     AN ACT Relating to the operation of motorcycles; and amending RCW 46.61.613, 46.04.437, 46.18.215, 46.18.225, 46.18.230, 46.18.235, 46.18.270, 46.18.280, and 46.18.290.

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

Sec. 1   RCW 46.61.613 and 2010 c 8 s 9073 are each amended to read as follows:
     The provisions of RCW 46.37.530 and 46.61.610 through 46.61.612 ((may be)) are temporarily suspended ((by the chief of the Washington state patrol, or his or her designee,)) with respect to the operation of motorcycles ((within their respective jurisdictions in connection with a parade or public demonstration)) on a closed road during a parade or public demonstration that has been permitted by a local jurisdiction.

Sec. 2   RCW 46.04.437 and 2010 c 161 s 133 are each amended to read as follows:
     "Purple heart license plates" means special license plates that may be assigned to a motor vehicle required to display one or two license plates, excluding vehicles registered under chapter 46.87 RCW, upon terms and conditions established by the department, to recipients of the Purple Heart medal or to another qualified person.

Sec. 3   RCW 46.18.215 and 2010 c 161 s 614 are each amended to read as follows:
     The department shall create, design, and issue a special baseball stadium license plate that may be used in lieu of standard issue or personalized license plates for motor vehicles required to display one or two license plates, excluding vehicles registered under chapter 46.87 RCW, upon terms and conditions established by the department. The special license plates commemorate the construction of a baseball stadium, as defined in RCW 82.14.0485. The department shall also issue to each recipient of a special baseball stadium license plate a certificate of participation in the construction of the baseball stadium.

Sec. 4   RCW 46.18.225 and 2010 c 161 s 615 are each amended to read as follows:
      A state university, regional university, or state college as defined in RCW 28B.10.016 may apply to the department, in a form approved by the department and request the department to issue a series of collegiate license plates, for display on motor vehicles required to display one or two license plates, excluding vehicles registered under chapter 46.87 RCW, upon terms and conditions established by the department, depicting the name and mascot or symbol of the college or university, as submitted and approved for use by the requesting institution.

Sec. 5   RCW 46.18.230 and 2010 c 161 s 618 are each amended to read as follows:
     (1) A registered owner who has been awarded the Congressional Medal of Honor may apply to the department for special license plates for use on a ((passenger)) motor vehicle required to display one or two license plates, excluding vehicles registered under chapter 46.87 RCW, upon terms and conditions established by the department. The Congressional Medal of Honor recipient must:
     (a) Provide proof from the Washington state department of veterans affairs showing receipt of the medal; and
     (b) Be recorded as the registered owner of the motor vehicle on which the Congressional Medal of Honor license plate or plates will be displayed.
     (2) Congressional Medal of Honor license plates must be issued:
     (a) Only for a personal ((passenger)) motor vehicle owned by persons who have received the Congressional Medal of Honor; and
     (b) Without payment of vehicle license fees, license plate fees, and motor vehicle excise taxes.
     (3) Congressional Medal of Honor license plates must be replaced, free of charge, if the license plates become lost, stolen, damaged, defaced, or destroyed.
     (4) A Congressional Medal of Honor license plate or plates may be transferred, free of charge, from one motor vehicle to another motor vehicle owned by the Congressional Medal of Honor recipient upon application to the department, county auditor or other agent, or subagent appointed by the director.

Sec. 6   RCW 46.18.235 and 2010 c 161 s 619 are each amended to read as follows:
     (1) A registered owner who is a veteran, as defined in RCW 41.04.007, may apply to the department for disabled American veteran or former prisoner of war license plates, for use on one personal use motor vehicle required to display one or two license plates, excluding vehicles registered under chapter 46.87 RCW, upon terms and conditions established by the department. The veteran must be recorded as the registered owner of the motor vehicle on which the disabled American veteran or former prisoner of war license plate or plates will be displayed and:
     (a) Provide certification from the veterans administration or the military service from which the veteran was discharged that the veteran has a service-connected disability rating;
     (b) Have lost the use of both hands or one foot;
     (c) Have been captured and incarcerated by an enemy of the United States during a period of war with the United States and have received a prisoner of war medal;
     (d) Have become blind in both eyes as the result of military service; or
     (e) Be rated by the veterans administration or the military service from which the veteran was discharged and be receiving service-connected compensation at the one hundred percent rate that is expected to exist for more than one year.
     (2) The special license plates under this section must:
     (a) Display distinguishing marks, letters, or numerals indicating that the registered owner is a disabled American veteran or former prisoner of war; and
     (b) Be issued for one personal use vehicle without the payment of any vehicle license fees, license plate fees, or excise taxes.
     (3) A registered owner who is a veteran, as defined in RCW 41.04.007, may, in lieu of applying for the special license plates under this section, apply for regular issue or any qualifying special license plate and receive the full benefit of the vehicle license fee and excise tax exemption provided in subsection (2)(b) of this section.
     (4) The department may periodically verify the one hundred percent rate as described in subsection (1)(e) of this section.
     (5) A veteran who has been issued disabled American veteran or former prisoner of war license plates under this section before July 1, 1983, continues to be eligible for the vehicle license fee and excise tax exemption described in subsection (2)(b) of this section.
     (6) A disabled American veteran and former prisoner of war license plate or plates may be transferred from one motor vehicle to another motor vehicle owned by the veteran upon application to the department, county auditor or other agent, or subagent appointed by the director.
     (7) For the purposes of this section:
     (a) "Blind" means the definition of "blind" used by the state of Washington in determining eligibility for financial assistance to the blind under Title 74 RCW; and
     (b) "Special license plates" does not include any plate from the armed forces license plate collection established in RCW 46.18.200(3).
     (8) Any unauthorized use of a special license plate under this section is a gross misdemeanor.

Sec. 7   RCW 46.18.270 and 2010 c 161 s 625 are each amended to read as follows:
     (1) A registered owner who has survived the attack on Pearl Harbor on December 7, 1941, may apply to the department for special license plates for use on only one motor vehicle required to display one or two license plates, excluding vehicles registered under chapter 46.87 RCW, upon terms and conditions established by the department, and owned by the qualified applicant. The applicant must:
     (a) Be a resident of this state;
     (b) Have been a member of the United States armed forces on December 7, 1941;
     (c) Have been on station on December 7, 1941, between the hours of 7:55 a.m. and 9:45 a.m. Hawaii time at Pearl Harbor, the island of Oahu, or offshore at a distance not to exceed three miles;
     (d) Have received an honorable discharge from the United States armed forces;
     (e) Provide certification by a Washington state chapter of the Pearl Harbor survivors association showing that qualifications in (c) of this subsection have been met;
     (f) Be recorded as the registered owner of the motor vehicle on which the Pearl Harbor survivor license plate or plates will be displayed; and
     (g) Pay all fees and taxes required by law for registering the motor vehicle.
     (2) Pearl Harbor survivor license plates must be issued without the payment of any license plate fee.
     (3) Pearl Harbor survivor license plates must be replaced, free of charge, if the license plates have become lost, stolen, damaged, defaced, or destroyed.
     (4) Pearl Harbor survivor license plates may be issued to the surviving spouse or domestic partner of a Pearl Harbor survivor who met the requirements in subsection (1) of this section. The surviving spouse or domestic partner must be a resident of this state. If the surviving spouse remarries or the surviving domestic partner marries or enters into a new domestic partnership, he or she must return the special license plates to the department within fifteen days and apply for regular license plates or another type of special license plate.
     (5) A Pearl Harbor survivor license plate or plates may be transferred from one motor vehicle to another motor vehicle owned by the Pearl Harbor survivor or the surviving spouse or domestic partner as described in subsection (4) of this section upon application to the department, county auditor or other agent, or subagent appointed by the director.

Sec. 8   RCW 46.18.280 and 2010 c 161 s 628 are each amended to read as follows:
     (1) A registered owner who has been awarded a Purple Heart medal by any branch of the United States armed forces, including the merchant marines and the women's air forces service pilots may apply to the department for special license plates for use on only one motor vehicle required to display one or two license plates, excluding vehicles registered under chapter 46.87 RCW, upon terms and conditions established by the department, and owned by the qualified applicant. The applicant must:
     (a) Be a resident of this state;
     (b) Have been wounded during one of this nation's wars or conflicts identified in RCW 41.04.005;
     (c) Have received an honorable discharge from the United States armed forces;
     (d) Provide a copy of the armed forces document showing the recipient was awarded the Purple Heart medal;
     (e) Be recorded as the registered owner of the motor vehicle on which the Purple Heart survivor license plate or plates will be displayed; and
     (f) Pay all fees and taxes required by law for registering the motor vehicle.
     (2) Purple Heart license plates must be issued without the payment of any special license plate fee.
     (3) Purple Heart license plates may be issued to the surviving spouse or domestic partner of a Purple Heart recipient who met the requirements in subsection (1) of this section. The surviving spouse or domestic partner must be a resident of this state. If the surviving spouse remarries or the surviving domestic partner marries or enters into a new domestic partnership, he or she must return the special license plates to the department within fifteen days and apply for regular license plates or another type of special license plate.
     (4) A Purple Heart license plate or plates may be transferred from one motor vehicle to another motor vehicle owned by the Purple Heart recipient or the surviving spouse or domestic partner as described in subsection (3) of this section upon application to the department, county auditor or other agent, or subagent appointed by the director.

Sec. 9   RCW 46.18.290 and 2010 c 161 s 630 are each amended to read as follows:
     A registered owner may apply to the department, county auditor or other agent, or subagent appointed by the director for a square dancer license plate. The registered owner shall pay the special license plate fee required under RCW 46.17.220(1)(q), in addition to any other fee or tax required by law. The square dancer license plate may be issued in lieu of standard issue or personalized license plates for motor vehicles required to display one or two license plates, but may not be issued for vehicles registered under chapter 46.87 RCW.


         Passed by the House April 14, 2011.
         Passed by the Senate April 9, 2011.
         Approved by the Governor May 12, 2011.
         Filed in Office of Secretary of State May 13, 2011.