State of Washington | 63rd Legislature | 2013 2nd Special Session |
READ FIRST TIME 03/01/13.
AN ACT Relating to regulating the use of off-road vehicles in certain areas; amending RCW 46.09.310, 46.09.310, 46.09.360, 46.09.400, 46.09.410, 46.09.420, 46.09.450, 46.09.460, 46.09.530, 46.17.350, 46.30.020, 46.63.020, 79A.80.010, 46.63.030, 43.84.092, and 43.84.092; reenacting and amending RCW 46.09.470; adding new sections to chapter 46.09 RCW; creating a new section; prescribing penalties; providing effective dates; providing a contingent effective date; providing an expiration date; providing a contingent expiration date; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 (1) The legislature finds that off-road
vehicle users have been overwhelmed with varied confusing rules,
regulations, and ordinances from federal, state, county, and city land
managers throughout the state to the extent standardization statewide
is needed to maintain public safety and good order.
(2) It is the intent of the legislature to: (a) Increase
opportunities for safe, legal, and environmentally acceptable motorized
recreation; (b) decrease the amount of unlawful or environmentally
harmful motorized recreation; (c) generate funds for use in
maintenance, signage, education, and enforcement of motorized
recreation opportunities; (d) advance a culture of self-policing and
abuse intolerance among motorized recreationists; (e) cause no change
in the policies of any governmental agency with respect to public land;
(f) not change any current ORV usage routes as authorized in chapter
213, Laws of 2005; (g) stimulate rural economies by opening certain
roadways to use by motorized recreationists which will in turn
stimulate economic activity through expenditures on gasoline, lodging,
food and drink, and other entertainment purposes; and (h) require all
wheeled all-terrain vehicles to obtain a metal tag.
Sec. 2 RCW 46.09.310 and 2010 c 161 s 213 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Advisory committee" means the nonhighway and off-road vehicle
activities advisory committee established in RCW 46.09.340.
(2) "Board" means the recreation and conservation funding board
established in RCW 79A.25.110.
(3) "Dealer" means a person, partnership, association, or
corporation engaged in the business of selling off-road vehicles at
wholesale or retail in this state.
(4) "Highway," for the purpose of this chapter only, means the
entire width between the boundary lines of every roadway publicly
maintained by the state department of transportation or any county or
city with funding from the motor vehicle fund. A highway is generally
capable of travel by a conventional two-wheel drive passenger
automobile during most of the year and in use by such vehicles.
(5) "Nonhighway road" means any road owned or managed by a public
agency, a primitive road, or any private road for which the owner has
granted an easement for public use for which appropriations from the
motor vehicle fund were not used for (a) original construction or
reconstruction in the last twenty-five years; or (b) maintenance in the
last four years.
(6) "Nonhighway road recreation facilities" means recreational
facilities that are adjacent to, or accessed by, a nonhighway road and
intended primarily for nonhighway road recreational users.
(7) "Nonhighway road recreational user" means a person whose
purpose for consuming fuel on a nonhighway road or off-road is
primarily for nonhighway road recreational purposes, including, but not
limited to, hunting, fishing, camping, sightseeing, wildlife viewing,
picnicking, driving for pleasure, kayaking/canoeing, and gathering
berries, firewood, mushrooms, and other natural products.
(8) "Nonhighway vehicle" means any motorized vehicle including an
ORV when used for recreational purposes on nonhighway roads, trails, or
a variety of other natural terrain.
Nonhighway vehicle does not include:
(a) Any vehicle designed primarily for travel on, over, or in the
water;
(b) Snowmobiles or any military vehicles; or
(c) Any vehicle eligible for a motor vehicle fuel tax exemption or
rebate under chapter 82.36 RCW while an exemption or rebate is claimed.
This exemption includes but is not limited to farm, construction, and
logging vehicles.
(9) "Nonmotorized recreational facilities" means recreational
trails and facilities that are adjacent to, or accessed by, a
nonhighway road and intended primarily for nonmotorized recreational
users.
(10) "Nonmotorized recreational user" means a person whose purpose
for consuming fuel on a nonhighway road or off-road is primarily for
nonmotorized recreational purposes including, but not limited to,
walking, hiking, backpacking, climbing, cross-country skiing,
snowshoeing, mountain biking, horseback riding, and pack animal
activities.
(11) "Organized competitive event" means any competition,
advertised in advance through written notice to organized clubs or
published in local newspapers, sponsored by recognized clubs, and
conducted at a predetermined time and place.
(12) "ORV recreation facilities" include, but are not limited to,
ORV trails, trailheads, campgrounds, ORV sports parks, and ORV use
areas, designated for ORV use by the managing authority ((that are
intended primarily for ORV recreational users)).
(13) "ORV recreational user" means a person whose purpose for
consuming fuel on nonhighway roads or off-road is primarily for ORV
recreational purposes, including but not limited to riding an all-terrain vehicle, motorcycling, or driving a four-wheel drive vehicle or
dune buggy.
(14) "ORV sports park" means a facility designed to accommodate
competitive ORV recreational uses including, but not limited to,
motocross racing, four-wheel drive competitions, and flat track racing.
Use of ORV sports parks can be competitive or noncompetitive in nature.
(15) "ORV trail" means a multiple-use corridor designated by the
managing authority and maintained for recreational use by motorized
vehicles.
(16) "Direct supervision" means that the supervising adult must be
in a position, on another wheeled all-terrain vehicle or specialty off-highway vehicle or motorbike or, if on the ground, within a reasonable
distance of the unlicensed operator, to provide close support,
assistance, or direction to the unlicensed operator.
(17) "Emergency management" means the carrying out of emergency
functions related to responding and recovering from emergencies and
disasters, and to aid victims suffering from injury or damage,
resulting from disasters caused by all hazards, whether natural,
technological, or human caused, and to provide support for search and
rescue operations for persons and property in distress.
(18) "Primitive road" means a linear route managed for use by four-wheel drive or high-clearance vehicles that is generally not maintained
or paved, a road designated by a county as primitive under RCW
36.75.300, or a road designated by a city or town as primitive under a
local ordinance.
(19) "Wheeled all-terrain vehicle" means (a) any motorized
nonhighway vehicle with handlebars that is fifty inches or less in
width, has a seat height of at least twenty inches, weighs less than
one thousand five hundred pounds, and has four tires having a diameter
of thirty inches or less, or (b) a utility-type vehicle designed for
and capable of travel over designated roads that travels on four or
more low-pressure tires of twenty psi or less, has a maximum width less
than seventy-four inches, has a maximum weight less than two thousand
pounds, has a wheelbase of one hundred ten inches or less, and
satisfies at least one of the following: (i) Has a minimum width of
fifty inches; (ii) has a minimum weight of at least nine hundred
pounds; or (iii) has a wheelbase of over sixty-one inches.
Sec. 3 RCW 46.09.310 and 2013 c 225 s 607 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Advisory committee" means the nonhighway and off-road vehicle
activities advisory committee established in RCW 46.09.340.
(2) "Board" means the recreation and conservation funding board
established in RCW 79A.25.110.
(3) "Dealer" means a person, partnership, association, or
corporation engaged in the business of selling off-road vehicles at
wholesale or retail in this state.
(4) "Highway," for the purpose of this chapter only, means the
entire width between the boundary lines of every roadway publicly
maintained by the state department of transportation or any county or
city with funding from the motor vehicle fund. A highway is generally
capable of travel by a conventional two-wheel drive passenger
automobile during most of the year and in use by such vehicles.
(5) "Nonhighway road" means any road owned or managed by a public
agency, a primitive road, or any private road for which the owner has
granted an easement for public use for which appropriations from the
motor vehicle fund were not used for (a) original construction or
reconstruction in the last twenty-five years; or (b) maintenance in the
last four years.
(6) "Nonhighway road recreation facilities" means recreational
facilities that are adjacent to, or accessed by, a nonhighway road and
intended primarily for nonhighway road recreational users.
(7) "Nonhighway road recreational user" means a person whose
purpose for consuming fuel on a nonhighway road or off-road is
primarily for nonhighway road recreational purposes, including, but not
limited to, hunting, fishing, camping, sightseeing, wildlife viewing,
picnicking, driving for pleasure, kayaking/canoeing, and gathering
berries, firewood, mushrooms, and other natural products.
(8) "Nonhighway vehicle" means any motorized vehicle including an
ORV when used for recreational purposes on nonhighway roads, trails, or
a variety of other natural terrain.
Nonhighway vehicle does not include:
(a) Any vehicle designed primarily for travel on, over, or in the
water;
(b) Snowmobiles or any military vehicles; or
(c) Any vehicle eligible for a motor vehicle fuel tax exemption or
rebate under chapter 82.38 RCW while an exemption or rebate is claimed.
This exemption includes but is not limited to farm, construction, and
logging vehicles.
(9) "Nonmotorized recreational facilities" means recreational
trails and facilities that are adjacent to, or accessed by, a
nonhighway road and intended primarily for nonmotorized recreational
users.
(10) "Nonmotorized recreational user" means a person whose purpose
for consuming fuel on a nonhighway road or off-road is primarily for
nonmotorized recreational purposes including, but not limited to,
walking, hiking, backpacking, climbing, cross-country skiing,
snowshoeing, mountain biking, horseback riding, and pack animal
activities.
(11) "Organized competitive event" means any competition,
advertised in advance through written notice to organized clubs or
published in local newspapers, sponsored by recognized clubs, and
conducted at a predetermined time and place.
(12) "ORV recreation facilities" include, but are not limited to,
ORV trails, trailheads, campgrounds, ORV sports parks, and ORV use
areas, designated for ORV use by the managing authority ((that are
intended primarily for ORV recreational users)).
(13) "ORV recreational user" means a person whose purpose for
consuming fuel on nonhighway roads or off-road is primarily for ORV
recreational purposes, including but not limited to riding an all-terrain vehicle, motorcycling, or driving a four-wheel drive vehicle or
dune buggy.
(14) "ORV sports park" means a facility designed to accommodate
competitive ORV recreational uses including, but not limited to,
motocross racing, four-wheel drive competitions, and flat track racing.
Use of ORV sports parks can be competitive or noncompetitive in nature.
(15) "ORV trail" means a multiple-use corridor designated by the
managing authority and maintained for recreational use by motorized
vehicles.
(16) "Direct supervision" means that the supervising adult must be
in a position, on another wheeled all-terrain vehicle or specialty off-
highway vehicle or motorbike or, if on the ground, within a reasonable
distance of the unlicensed operator, to provide close support,
assistance, or direction to the unlicensed operator.
(17) "Emergency management" means the carrying out of emergency
functions related to responding and recovering from emergencies and
disasters, and to aid victims suffering from injury or damage,
resulting from disasters caused by all hazards, whether natural,
technological, or human caused, and to provide support for search and
rescue operations for persons and property in distress.
(18) "Primitive road" means a linear route managed for use by four-wheel drive or high-clearance vehicles that is generally not maintained
or paved, a road designated by a county as primitive under RCW
36.75.300, or a road designated by a city or town as primitive under a
local ordinance.
(19) "Wheeled all-terrain vehicle" means (a) any motorized
nonhighway vehicle with handlebars that is fifty inches or less in
width, has a seat height of at least twenty inches, weighs less than
one thousand five hundred pounds, and has four tires having a diameter
of thirty inches or less, or (b) a utility-type vehicle designed for
and capable of travel over designated roads that travels on four or
more low-pressure tires of twenty psi or less, has a maximum width less
than seventy-four inches, has a maximum weight less than two thousand
pounds, has a wheelbase of one hundred ten inches or less, and
satisfies at least one of the following: (i) Has a minimum width of
fifty inches; (ii) has a minimum weight of at least nine hundred
pounds; or (iii) has a wheelbase of over sixty-one inches.
NEW SECTION. Sec. 4 A new section is added to chapter 46.09 RCW
under the subchapter heading "registrations and use permits" to read as
follows:
(1) Any wheeled all-terrain vehicle operated within this state must
display a metal tag to be affixed to the rear of the wheeled all-terrain vehicle. The initial metal tag must be issued with an original
off-road vehicle registration and upon payment of the initial vehicle
license fee under RCW 46.17.350(1)(s). The metal tag must be replaced
every seven years at a cost of two dollars. Revenue from replacement
metal tags must be deposited into the nonhighway and off-road vehicle
activities program account. The department must design the metal tag,
which must:
(a) Be the same size as a motorcycle license plate;
(b) Have the words "RESTRICTED VEHICLE" listed at the top of the
tag;
(c) Contain designated identification through a combination of
letters and numbers;
(d) Leave space at the bottom left corner of the tag for an off-road tab issued under subsection (2) of this section; and
(e) Leave space at the bottom right corner of the tag for an on-road tab, when required, issued under subsection (3) of this section.
(2) A person who operates a wheeled all-terrain vehicle must have
a current and proper off-road vehicle registration, with the
appropriate off-road tab, and pay the annual vehicle license fee as
provided in RCW 46.17.350(1)(s), which must be deposited into the
nonhighway and off-road vehicle activities program account. The off-road tab must be issued annually by the department upon payment of
initial and renewal vehicle license fees under RCW 46.17.350(1)(s).
(3) A person who operates a wheeled all-terrain vehicle upon a
public roadway must have a current and proper on-road vehicle
registration, with the appropriate on-road tab, which must be of a
bright color that can be seen from a reasonable distance, and pay the
annual vehicle license fee as provided in RCW 46.17.350(1)(r). The on-road tab must be issued annually by the department upon payment of
initial and renewal vehicle license fees under RCW 46.17.350(1)(r).
(4) A wheeled all-terrain vehicle may not be registered for
commercial use.
NEW SECTION. Sec. 5 A new section is added to chapter 46.09 RCW
under the subchapter heading "registrations and use permits" to read as
follows:
(1) A person may not operate a wheeled all-terrain vehicle upon a
public roadway of this state, not including nonhighway roads and
trails, without (a) first obtaining a valid driver's license issued to
Washington residents in compliance with chapter 46.20 RCW or (b)
possessing a valid driver's license issued by the state of the person's
residence if the person is a nonresident.
(2) A person who operates a wheeled all-terrain vehicle under this
section is granted all rights and is subject to all duties applicable
to the operator of a motorcycle under RCW 46.37.530 and chapter 46.61
RCW, unless otherwise stated in this act, except that wheeled all-terrain vehicles may not be operated side-by-side in a single lane of
traffic.
(3) Wheeled all-terrain vehicles are subject to chapter 46.55 RCW.
(4) Any person who violates this section commits a traffic
infraction.
(5) The department may develop and implement an online training
course for persons that register wheeled all-terrain vehicles and
utility-type vehicles for use on a public roadway of this state. The
department is granted rule-making authority for the training course.
Any future costs associated with the training course must be
appropriated from the highway safety account and any fees collected
must be distributed to the highway safety account.
NEW SECTION. Sec. 6 A new section is added to chapter 46.09 RCW
under the subchapter heading "uses and violations" to read as follows:
(1) A person may operate a wheeled all-terrain vehicle upon any
public roadway of this state, not including nonhighway roads and
trails, having a speed limit of thirty-five miles per hour or less
subject to the following restrictions and requirements:
(a) A person may not operate a wheeled all-terrain vehicle upon
state highways that are listed in chapter 47.17 RCW; however, a person
may operate a wheeled all-terrain vehicle upon a segment of a state
highway listed in chapter 47.17 RCW if the segment is within the limits
of a city or town and the speed limit on the segment is thirty-five
miles per hour or less;
(b) A person operating a wheeled all-terrain vehicle may not cross
a public roadway, not including nonhighway roads and trails, with a
speed limit in excess of thirty-five miles per hour, unless the
crossing begins and ends on a public roadway, not including nonhighway
roads and trails, or an ORV trail, with a speed limit of thirty-five
miles per hour or less and occurs at an intersection of approximately
ninety degrees, except that the operator of a wheeled all-terrain
vehicle may not cross at an uncontrolled intersection of a public
highway listed under chapter 47.17 RCW;
(c)(i) A person may not operate a wheeled all-terrain vehicle on a
public roadway within the boundaries of a county, not including
nonhighway roads and trails, with a population of fifteen thousand or
more unless the county by ordinance has approved the operation of
wheeled all-terrain vehicles on county roadways, not including
nonhighway roads and trails.
(ii) The legislative body of a county with a population of fewer
than fifteen thousand may, by ordinance, designate roadways or highways
within its boundaries to be unsuitable for use by wheeled all-terrain
vehicles.
(iii) Any public roadways, not including nonhighway roads and
trails, authorized by a legislative body of a county under (c)(i) of
this subsection or designated as unsuitable under (c)(ii) of this
subsection must be listed publicly and made accessible from the main
page of the county web site.
(iv) This subsection (1)(c) does not affect any roadway that was
designated as open or closed as of January 1, 2013;
(d)(i) A person may not operate a wheeled all-terrain vehicle on a
public roadway within the boundaries of a city or town, not including
nonhighway roads and trails, unless the city or town by ordinance has
approved the operation of wheeled all-terrain vehicles on city or town
roadways, not including nonhighway roads and trails.
(ii) Any public roadways, not including nonhighway roads and
trails, authorized by a legislative body of a city or town under (d)(i)
of this subsection must be listed publicly and made accessible from the
main page of the city or town web site.
(iii) This subsection (1)(d) does not affect any roadway that was
designated as open or closed as of January 1, 2013.
(e) Any person who violates this subsection commits a traffic
infraction.
(2) Local authorities may not establish requirements for the
registration of wheeled all-terrain vehicles.
(3) A person may operate a wheeled all-terrain vehicle upon any
public roadway, trail, nonhighway road, or highway within the state
while being used under the authority or direction of an appropriate
agency that engages in emergency management, as defined in RCW
46.09.310, or search and rescue, as defined in RCW 38.52.010, or a law
enforcement agency, as defined in RCW 16.52.011, within the scope of
the agency's official duties.
(4) A wheeled all-terrain vehicle is an off-road vehicle for the
purposes of chapter 4.24 RCW.
NEW SECTION. Sec. 7 A new section is added to chapter 46.09 RCW
under the subchapter heading "uses and violations" to read as follows:
(1) A person may operate a wheeled all-terrain vehicle upon any
public roadway of this state, not including nonhighway roads and
trails, subject to the following equipment and declaration
requirements:
(a) A person who operates a wheeled all-terrain vehicle must comply
with the following equipment requirements:
(i) Headlights meeting the requirements of RCW 46.37.030 and
46.37.040 and used at all times when the vehicle is in motion upon a
highway;
(ii) One tail lamp meeting the requirements of RCW 46.37.525 and
used at all times when the vehicle is in motion upon a highway;
however, a utility-type vehicle, as described under RCW 46.09.310, must
have two tail lamps meeting the requirements of RCW 46.37.070(1) and to
be used at all times when the vehicle is in motion upon a highway;
(iii) A stop lamp meeting the requirements of RCW 46.37.200;
(iv) Reflectors meeting the requirements of RCW 46.37.060;
(v) During hours of darkness, as defined in RCW 46.04.200, turn
signals meeting the requirements of RCW 46.37.200. Outside of hours of
darkness, the operator must comply with RCW 46.37.200 or 46.61.310;
(vi) A mirror attached to either the right or left handlebar, which
must be located to give the operator a complete view of the highway for
a distance of at least two hundred feet to the rear of the vehicle;
however, a utility-type vehicle, as described under RCW 46.09.310(19),
must have two mirrors meeting the requirements of RCW 46.37.400;
(vii) A windshield meeting the requirements of RCW 46.37.430,
unless the operator wears glasses, goggles, or a face shield while
operating the vehicle, of a type conforming to rules adopted by the
Washington state patrol;
(viii) A horn or warning device meeting the requirements of RCW
46.37.380;
(ix) Brakes in working order;
(x) A spark arrester and muffling device meeting the requirements
of RCW 46.09.470; and
(xi) For utility-type vehicles, as described under RCW
46.09.310(19), seatbelts meeting the requirements of RCW 46.37.510.
(b) A person who operates a wheeled all-terrain vehicle upon a
public roadway must provide a declaration that includes the following:
(i) Documentation of a safety inspection to be completed by a
licensed wheeled all-terrain vehicle dealer or repair shop in the state
of Washington that must outline the vehicle information and certify
under oath that all wheeled all-terrain vehicle equipment as required
under this section meets the requirements outlined in state and federal
law. A person who makes a false statement regarding the inspection of
equipment required under this section is guilty of false swearing, a
gross misdemeanor, under RCW 9A.72.040;
(ii) Documentation that the licensed wheeled all-terrain vehicle
dealer or repair shop did not charge more than fifty dollars per safety
inspection and that the entire safety inspection fee is paid directly
and only to the licensed wheeled all-terrain vehicle dealer or repair
shop;
(iii) A statement that the licensed wheeled all-terrain vehicle
dealer or repair shop is entitled to the full amount charged for the
safety inspection;
(iv) A vehicle identification number verification that must be
completed by a licensed wheeled all-terrain vehicle dealer or repair
shop in the state of Washington; and
(v) A release signed by the owner of the wheeled all-terrain
vehicle and verified by the department, county auditor or other agent,
or subagent appointed by the director that releases the state from any
liability and outlines that the owner understands that the original
wheeled all-terrain vehicle was not manufactured for on-road use and
that it has been modified for use on public roadways.
(2) This section does not apply to emergency services vehicles,
vehicles used for emergency management purposes, or vehicles used in
the production of agricultural and timber products on and across lands
owned, leased, or managed by the owner or operator of the wheeled all-terrain vehicle or the operator's employer.
NEW SECTION. Sec. 8 A new section is added to chapter 46.09 RCW
under the subchapter heading "general provisions" to read as follows:
The department must track wheeled all-terrain vehicles in a
separate registration category for reporting purposes.
NEW SECTION. Sec. 9 A new section is added to chapter 46.09 RCW
under the subchapter heading "uses and violations" to read as follows:
(1) A person who operates a wheeled all-terrain vehicle consistent
with RCW 46.09.470(1) (g), (h), or (i) or inconsistent with the
emergency exemption under RCW 46.09.420 is a traffic infraction.
(2) Any law enforcement officer may issue a notice of traffic
infraction for a violation of subsection (1) of this section whether or
not the infraction was committed in the officer's presence, as long as
there is reasonable evidence presented that the operator of the wheeled
all-terrain vehicle committed a violation of subsection (1) of this
section. At a minimum, the evidence must include information relating
to the time and location at which the violation occurred, and the
wheeled all-terrain vehicle metal tag number or a description of the
vehicle involved in the violation. If, after an investigation of a
reported violation of subsection (1) of this section, the law
enforcement officer is able to identify the operator and has probable
cause to believe a violation of subsection (1) of this section has
occurred, the law enforcement officer shall prepare a notice of traffic
infraction and have it served upon the operator of the wheeled all-terrain vehicle.
NEW SECTION. Sec. 10 A new section is added to chapter 46.09 RCW
under the subchapter heading "revenue" to read as follows:
(1) The multiuse roadway safety account is created in the motor
vehicle fund. All receipts from vehicle license fees under RCW
46.17.350(1)(r) must be deposited into the account. Moneys in the
account may be spent only after appropriation. Expenditures from the
account may be used only for grants administered by the department of
transportation to: (a) Counties to perform safety engineering analysis
of mixed vehicle use on any road within a county; (b) local governments
to provide funding to erect signs providing notice to the motoring
public that (i) wheeled all-terrain vehicles are present or (ii)
wheeled all-terrain vehicles may be crossing; (c) the state patrol or
local law enforcement for purposes of defraying the costs of
enforcement of this act; and (d) law enforcement to investigate
accidents involving wheeled all-terrain vehicles.
(2) The department of transportation must prioritize grant awards
in the following priority order:
(a) For the purpose of marking highway crossings with signs warning
motorists that wheeled all-terrain vehicles may be crossing when an ORV
recreation facility parking lot is on the other side of a public
roadway from the actual ORV recreation facility; and
(b) For the purpose of marking intersections with signs where a
wheeled all-terrain vehicle may cross a public road to advise motorists
of the upcoming intersection. Such signs must conform to the manual on
uniform traffic control devices.
Sec. 11 RCW 46.09.360 and 2006 c 212 s 4 are each amended to read
as follows:
(1) Notwithstanding any of the provisions of this chapter, any
city, town, county, or other political subdivision of this state, or
any state agency, may regulate the operation of nonhighway vehicles on
public lands, waters, and other properties under its jurisdiction, and
on streets, roads, or highways within its boundaries by adopting
regulations or ordinances of its governing body, provided such
regulations are not less stringent than the provisions of this chapter.
However, the legislative body of a city or town with a population of
less than three thousand persons may, by ordinance, designate a street
or highway within its boundaries to be suitable for use by off-road
vehicles. The legislative body of a county may, by ordinance,
designate a road or highway within its boundaries to be suitable for
use by off-road vehicles ((if the road or highway is a direct
connection between a city with a population of less than three thousand
persons and an off-road vehicle recreation facility)).
(2) For purposes of this section, "off-road vehicles" does not
include wheeled all-terrain vehicles.
Sec. 12 RCW 46.09.400 and 2011 c 171 s 25 are each amended to
read as follows:
The department shall:
(1) Issue registrations and temporary ORV use permits for off-road
vehicles, excluding wheeled all-terrain vehicles subject to subsection
(4) of this section;
(2) Issue decals for off-road vehicles, excluding wheeled all-terrain vehicles subject to subsection (4) of this section. The decals
serve the same function as license plates for vehicles registered under
chapter 46.16A RCW; ((and))
(3) Charge a fee for each decal covering the actual cost of the
decal; and
(4) Issue metal tags, off-road vehicle registrations, and on-road
vehicle registrations for wheeled all-terrain vehicles.
Sec. 13 RCW 46.09.410 and 2010 c 161 s 218 are each amended to
read as follows:
(1) The application for an original ORV registration has the same
requirements as described for original vehicle registrations in RCW
46.16A.040 and must be accompanied by the annual off-road vehicle
license fee required under RCW 46.17.350, in addition to any other fees
or taxes due for the application.
(2) The application for renewal of an ORV registration has the same
requirements as described for the renewal of vehicle registrations in
RCW 46.16A.110 and must be accompanied by the annual off-road vehicle
license fee required under RCW 46.17.350, in addition to any other fees
or taxes due for the application.
(3) The annual ORV registration is valid for one year and may be
renewed each subsequent year as prescribed by the department.
(4) A person who acquires an off-road vehicle that has an ORV
registration must:
(a) Apply to the department, county auditor or other agent, or
subagent appointed by the director for a transfer of the ORV
registration within fifteen days of taking possession of the off-road
vehicle; and
(b) Pay the ORV registration transfer fee required under RCW
46.17.410, in addition to any other fees or taxes due at the time of
application.
(5) The department shall issue an ORV registration, decals, and
tabs upon receipt of:
(a) A properly completed application for an original ORV
registration; and
(b) The payment of all fees and taxes due at the time of
application.
(6) The ORV registration must be carried on the vehicle for which
it was issued at all times during its operation in this state.
(7) Off-road vehicle decals must be affixed to the off-road vehicle
in a manner prescribed by the department.
(8) Unless exempt under RCW 46.09.420, any out-of-state operator of
an off-road vehicle, when operating in this state, must comply with
this chapter. If an ORV registration is required under this chapter,
the out-of-state operator must obtain an ORV registration and decal or
a temporary ORV use permit.
(9) This section does not apply to wheeled all-terrain vehicles
registered for use under section 4 of this act.
Sec. 14 RCW 46.09.420 and 2011 c 171 s 26 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 and across agricultural and
timber lands owned ((or)), leased, or managed by the off-road vehicle
owner or operator or operator's employer.
(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))
emergency management purposes under the authority or direction of an
appropriate agency that engages in emergency management, as defined in
RCW 46.09.310, or search and rescue, as defined in RCW 38.52.010, or a
law enforcement agency as defined in RCW 16.52.011.
(6) Vehicles registered under chapter 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.
(7) Off-road vehicles operated by persons who, in good faith,
render emergency care or assistance with respect to an incident
involving off-road vehicles. Persons who operate off-road vehicles to
render such care, assistance, or advice are not liable for civil
damages resulting from any act or omission in the rendering of such
care, assistance, or advice, other than acts or omissions constituting
gross negligence or willful or wanton misconduct.
Sec. 15 RCW 46.09.450 and 2011 c 171 s 27 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;
and
(c) Any trail, nonhighway road, or highway within the state while
being used under the authority or direction of an appropriate agency
that engages in emergency management, as defined in RCW 46.09.310, or
search and rescue, as defined in RCW 38.52.010, or a law enforcement
agency, as defined in RCW 16.52.011, within the scope of the agency's
official duties.
(2) ((Operations of)) An off-road vehicle operated on a nonhighway
road((,)) or on a street, road, or highway as authorized under RCW
46.09.360((, under)) and this section is exempt from both registration
requirements of chapter 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 and
private 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. 16 RCW 46.09.460 and 2005 c 213 s 5 are each amended to read
as follows:
(1) Except as specified in subsection (2) of this section, no
person under ((thirteen)) sixteen years of age may operate an off-road
vehicle on or across a highway or nonhighway road in this state without
direct supervision of a person eighteen years of age or older
possessing a valid license to operate a motor vehicle under chapter
46.20 RCW. This prohibition does not apply when a person under sixteen
years of age is acting in accordance with RCW 46.09.420 (5) and (7).
(2) Persons under ((thirteen)) sixteen years of age may operate an
off-road vehicle across a highway, if at that crossing signs indicate
that wheeled all-terrain vehicles or off-road vehicles may be crossing,
or on a nonhighway road designated for off-road vehicle use, under the
direct supervision of a person eighteen years of age or older
possessing a valid license to operate a motor vehicle under chapter
46.20 RCW.
(3) This section does not apply to vehicles used in the production
of agricultural or timber products on and across lands owned, leased,
or managed by the owner or operator of a wheeled all-terrain vehicle or
the operator's employer.
Sec. 17 RCW 46.09.470 and 2011 c 171 s 28 and 2011 c 121 s 4 are
each reenacted and amended to read as follows:
(1) Except as provided in subsection (4) of this section, it is a
traffic infraction for any person to operate any nonhighway vehicle:
(a) In such a manner as to endanger the property of another;
(b) On lands not owned by the operator or owner of the nonhighway
vehicle without a lighted headlight and taillight between the hours of
dusk and dawn, or when otherwise required for the safety of others
regardless of ownership;
(c) On lands not owned by the operator or owner of the nonhighway
vehicle without an adequate braking device or when otherwise required
for the safety of others regardless of ownership;
(d) Without a spark arrester approved by the department of natural
resources;
(e) Without an adequate, and operating, muffling device which
effectively limits vehicle noise to no more than eighty-six decibels on
the "A" scale at fifty feet as measured by the Society of Automotive
Engineers (SAE) test procedure J 331a, except that a maximum noise
level of one hundred and five decibels on the "A" scale at a distance
of twenty inches from the exhaust outlet shall be an acceptable
substitute in lieu of the Society of Automotive Engineers test
procedure J 331a when measured:
(i) At a forty-five degree angle at a distance of twenty inches
from the exhaust outlet;
(ii) With the vehicle stationary and the engine running at a steady
speed equal to one-half of the manufacturer's maximum allowable ("red
line") engine speed or where the manufacturer's maximum allowable
engine speed is not known the test speed in revolutions per minute
calculated as sixty percent of the speed at which maximum horsepower is
developed; and
(iii) With the microphone placed ten inches from the side of the
vehicle, one-half way between the lowest part of the vehicle body and
the ground plane, and in the same lateral plane as the rearmost exhaust
outlet where the outlet of the exhaust pipe is under the vehicle;
(f) On lands not owned by the operator or owner of the nonhighway
vehicle upon the shoulder or inside bank or slope of any nonhighway
road or highway, or upon the median of any divided highway;
(g) On lands not owned by the operator or owner of the nonhighway
vehicle in any area or in such a manner so as to unreasonably expose
the underlying soil, or to create an erosion condition, or to injure,
damage, or destroy trees, growing crops, or other vegetation;
(h) On lands not owned by the operator or owner of the nonhighway
vehicle or on any nonhighway road or trail, when these are restricted
to pedestrian or animal travel;
(i) On any public lands in violation of rules and regulations of
the agency administering such lands; and
(j) On a private nonhighway road in violation of RCW 46.09.450(3).
(2) It is a misdemeanor for any person to operate any nonhighway
vehicle while under the influence of intoxicating liquor or a
controlled substance.
(3)(a) Except for an off-road vehicle equipped with seat belts and
roll bars or an enclosed passenger compartment, it is a traffic
infraction for any person to operate or ride an off-road vehicle on a
nonhighway road without wearing upon his or her head a motorcycle
helmet fastened securely while in motion. For purposes of this
section, "motorcycle helmet" has the same meaning as provided in RCW
46.37.530.
(b) Subsection (3)(a) of this section does not apply to an off-road
vehicle operator operating on his or her own land.
(c) Subsection (3)(a) of this section does not apply to an off-road
vehicle ((operator operating on agricultural lands owned or leased by
the off-road vehicle operator or the operator's employer)) used in
production of agricultural and timber products on and across lands
owned, leased, or managed by the owner or operator of the off-road
vehicle or the operator's employer.
(4) It is not a traffic infraction to operate an off-road vehicle
on a street, road, or highway as authorized under RCW 46.09.360 ((or)),
46.61.705, or section 6 of this act.
Sec. 18 RCW 46.09.530 and 2010 c 161 s 223 are each amended to
read as follows:
(1) After deducting administrative expenses and the expense of any
programs conducted under this chapter, the board shall, at least once
each year, distribute the funds it receives under RCW 46.68.045 and
46.09.520 to state agencies, counties, municipalities, federal
agencies, nonprofit off-road vehicle organizations, and Indian tribes.
Funds distributed under this section to nonprofit off-road vehicle
organizations may be spent only on projects or activities that benefit
off-road vehicle recreation on publicly owned lands or lands once
publicly owned that come into private ownership in a federally approved
land exchange completed between January 1, 1998, and January 1, 2005.
(2) The board shall adopt rules governing applications for funds
administered by the recreation and conservation office under this
chapter and shall determine the amount of money distributed to each
applicant. Agencies receiving funds under this chapter for capital
purposes shall consider the possibility of contracting with the state
parks and recreation 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.
(3) The board shall require each applicant for acquisition or
development funds under this section to comply with the requirements of
either the state environmental policy act, chapter 43.21C RCW, or the
national environmental policy act (42 U.S.C. Sec. 4321 et seq.).
Sec. 19 RCW 46.17.350 and 2010 c 161 s 531 are each amended to
read as follows:
(1) Before accepting an application for a vehicle registration, the
department, county auditor or other agent, or subagent appointed by the
director shall require the applicant, unless specifically exempt, to
pay the following vehicle license fee by vehicle type:
VEHICLE TYPE | INITIAL FEE | RENEWAL FEE | DISTRIBUTED UNDER |
$ 30.00 | $ 30.00 | RCW 46.68.030 | |
(b) Camper | $ 4.90 | $ 3.50 | RCW 46.68.030 |
(c) Commercial trailer | $ 34.00 | $ 30.00 | RCW 46.68.035 |
$ 30.00 | $ 30.00 | RCW 46.68.030 | |
$ 30.00 | $ 30.00 | RCW 46.68.030 | |
(f) Moped | $ 30.00 | $ 30.00 | RCW 46.68.030 |
(g) Motor home | $ 30.00 | $ 30.00 | RCW 46.68.030 |
(h) Motorcycle | $ 30.00 | $ 30.00 | RCW 46.68.030 |
(i) Off-road vehicle | $ 18.00 | $ 18.00 | RCW 46.68.045 |
(j) Passenger car | $ 30.00 | $ 30.00 | RCW 46.68.030 |
$ 15.00 | $ 15.00 | RCW 46.68.035(( | |
(l) Snowmobile | $ 30.00 | $ 30.00 | RCW 46.68.350 |
(m) Snowmobile, vintage | $ 12.00 | $ 12.00 | RCW 46.68.350 |
(n) Sport utility vehicle | $ 30.00 | $ 30.00 | RCW 46.68.030 |
(o) Tow truck | $ 30.00 | $ 30.00 | RCW 46.68.030 |
$ 30.00 | $ 30.00 | RCW 46.68.030 | |
(q) Travel trailer | $ 30.00 | $ 30.00 | RCW 46.68.030 |
$12.00 | $12.00 | Section 10 of this act | |
$18.00 | $18.00 | RCW 46.09.510 |
Sec. 20 RCW 46.30.020 and 2013 c 157 s 1 are each amended to read
as follows:
(1)(a) No person may operate a motor vehicle subject to
registration under chapter 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. 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 proof of financial responsibility for motor vehicle operation
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.
(e) For the purposes of this section, when a person uses a portable
electronic device to display proof of financial security to a law
enforcement officer, the officer may only view the proof of financial
security and is otherwise prohibited from viewing any other content on
the portable electronic device.
(f) Whenever a person presents a portable electronic device
pursuant to this section, that person assumes all liability for any
damage to the portable electronic device.
(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 46.18.220
or 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, or a wheeled all-terrain vehicle as defined
in RCW 46.09.310.
(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. 21 RCW 46.63.020 and 2013 c 135 s 2 are each amended to read
as follows:
Failure to perform any act required or the performance of any act
prohibited by this title or an equivalent administrative regulation or
local law, ordinance, regulation, or resolution relating to traffic
including parking, standing, stopping, and pedestrian offenses, is
designated as a traffic infraction and may not be classified as a
criminal offense, except for an offense contained in the following
provisions of this title or a violation of an equivalent administrative
regulation or local law, ordinance, regulation, or resolution:
(1) Section 7(1)(b)(i) of this act relating to a false statement
regarding the inspection of and installation of equipment on wheeled
all-terrain vehicles;
(2) RCW 46.09.470(2) relating to the operation of a nonhighway
vehicle while under the influence of intoxicating liquor or a
controlled substance;
(((2))) (3) RCW 46.09.480 relating to operation of nonhighway
vehicles;
(((3))) (4) RCW 46.10.490(2) relating to the operation of a
snowmobile while under the influence of intoxicating liquor or
narcotics or habit-forming drugs or in a manner endangering the person
of another;
(((4))) (5) RCW 46.10.495 relating to the operation of snowmobiles;
(((5))) (6) Chapter 46.12 RCW relating to certificates of title,
registration certificates, and markings indicating that a vehicle has
been destroyed or declared a total loss;
(((6))) (7) RCW 46.16A.030 and 46.16A.050(3) relating to the
nonpayment of taxes and fees by failure to register a vehicle and
falsifying residency when registering a motor vehicle;
(((7))) (8) RCW 46.16A.520 relating to permitting unauthorized
persons to drive;
(((8))) (9) RCW 46.16A.320 relating to vehicle trip permits;
(((9))) (10) RCW 46.19.050 relating to knowingly providing false
information in conjunction with an application for a special placard or
license plate for disabled persons' parking;
(((10))) (11) RCW 46.20.005 relating to driving without a valid
driver's license;
(((11))) (12) RCW 46.20.091 relating to false statements regarding
a driver's license or instruction permit;
(((12))) (13) RCW 46.20.0921 relating to the unlawful possession
and use of a driver's license;
(((13))) (14) RCW 46.20.342 relating to driving with a suspended or
revoked license or status;
(((14))) (15) RCW 46.20.345 relating to the operation of a motor
vehicle with a suspended or revoked license;
(((15))) (16) RCW 46.20.410 relating to the violation of
restrictions of an occupational driver's license, temporary restricted
driver's license, or ignition interlock driver's license;
(((16))) (17) RCW 46.20.740 relating to operation of a motor
vehicle without an ignition interlock device in violation of a license
notation that the device is required;
(((17))) (18) RCW 46.20.750 relating to circumventing an ignition
interlock device;
(((18))) (19) RCW 46.25.170 relating to commercial driver's
licenses;
(((19))) (20) Chapter 46.29 RCW relating to financial
responsibility;
(((20))) (21) RCW 46.30.040 relating to providing false evidence of
financial responsibility;
(((21))) (22) RCW 46.35.030 relating to recording device
information;
(((22))) (23) RCW 46.37.435 relating to wrongful installation of
sunscreening material;
(((23))) (24) RCW 46.37.650 relating to the sale, resale,
distribution, or installation of a previously deployed air bag;
(((24))) (25) RCW 46.37.671 through 46.37.675 relating to signal
preemption devices;
(((25))) (26) RCW 46.37. . . (section 1, chapter 135, Laws of 2013)
relating to switching or flipping license plates, utilizing technology
to flip or change the appearance of a license plate, selling a license
plate flipping device or technology used to change the appearance of a
license plate, or falsifying a vehicle registration;
(((26))) (27) RCW 46.44.180 relating to operation of mobile home
pilot vehicles;
(((27))) (28) RCW 46.48.175 relating to the transportation of
dangerous articles;
(((28))) (29) RCW 46.52.010 relating to duty on striking an
unattended car or other property;
(((29))) (30) RCW 46.52.020 relating to duty in case of injury to
or death of a person or damage to an attended vehicle;
(((30))) (31) RCW 46.52.090 relating to reports by repairers,
storage persons, and appraisers;
(((31))) (32) RCW 46.52.130 relating to confidentiality of the
driving record to be furnished to an insurance company, an employer,
and an alcohol/drug assessment or treatment agency;
(((32))) (33) RCW 46.55.020 relating to engaging in the activities
of a registered tow truck operator without a registration certificate;
(((33))) (34) RCW 46.55.035 relating to prohibited practices by tow
truck operators;
(((34))) (35) RCW 46.55.300 relating to vehicle immobilization;
(((35))) (36) RCW 46.61.015 relating to obedience to police
officers, flaggers, or firefighters;
(((36))) (37) RCW 46.61.020 relating to refusal to give information
to or cooperate with an officer;
(((37))) (38) RCW 46.61.022 relating to failure to stop and give
identification to an officer;
(((38))) (39) RCW 46.61.024 relating to attempting to elude
pursuing police vehicles;
(((39))) (40) RCW 46.61.212(4) relating to reckless endangerment of
emergency zone workers;
(((40))) (41) RCW 46.61.500 relating to reckless driving;
(((41))) (42) RCW 46.61.502 and 46.61.504 relating to persons under
the influence of intoxicating liquor or drugs;
(((42))) (43) RCW 46.61.503 relating to a person under age twenty-one driving a motor vehicle after consuming alcohol;
(((43))) (44) RCW 46.61.520 relating to vehicular homicide by motor
vehicle;
(((44))) (45) RCW 46.61.522 relating to vehicular assault;
(((45))) (46) RCW 46.61.5249 relating to first degree negligent
driving;
(((46))) (47) RCW 46.61.527(4) relating to reckless endangerment of
roadway workers;
(((47))) (48) RCW 46.61.530 relating to racing of vehicles on
highways;
(((48))) (49) RCW 46.61.655(7) (a) and (b) relating to failure to
secure a load;
(((49))) (50) RCW 46.61.685 relating to leaving children in an
unattended vehicle with the motor running;
(((50))) (51) RCW 46.61.740 relating to theft of motor vehicle
fuel;
(((51))) (52) RCW 46.64.010 relating to unlawful cancellation of or
attempt to cancel a traffic citation;
(((52))) (53) RCW 46.64.048 relating to attempting, aiding,
abetting, coercing, and committing crimes;
(((53))) (54) Chapter 46.65 RCW relating to habitual traffic
offenders;
(((54))) (55) RCW 46.68.010 relating to false statements made to
obtain a refund;
(((55))) (56) Chapter 46.70 RCW relating to unfair motor vehicle
business practices, except where that chapter provides for the
assessment of monetary penalties of a civil nature;
(((56))) (57) Chapter 46.72 RCW relating to the transportation of
passengers in for hire vehicles;
(((57))) (58) RCW 46.72A.060 relating to limousine carrier
insurance;
(((58))) (59) RCW 46.72A.070 relating to operation of a limousine
without a vehicle certificate;
(((59))) (60) RCW 46.72A.080 relating to false advertising by a
limousine carrier;
(((60))) (61) Chapter 46.80 RCW relating to motor vehicle wreckers;
(((61))) (62) Chapter 46.82 RCW relating to driver's training
schools;
(((62))) (63) RCW 46.87.260 relating to alteration or forgery of a
cab card, letter of authority, or other temporary authority issued
under chapter 46.87 RCW;
(((63))) (64) RCW 46.87.290 relating to operation of an
unregistered or unlicensed vehicle under chapter 46.87 RCW.
Sec. 22 RCW 79A.80.010 and 2012 c 261 s 1 are each amended to
read as follows:
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Agency" or "agencies" means the department of fish and
wildlife, the department of natural resources, and the parks and
recreation commission.
(2) "Annual natural investment permit" means the annual permit
issued by the parks and recreation commission for the purpose of
launching boats from the designated state parks boat launch sites.
(3) "Camper registration" means proof of payment of a camping fee
on recreational lands managed by the parks and recreation commission.
(4) "Day-use permit" means the permit created in RCW 79A.80.030.
(5) "Discover pass" means the annual pass created in RCW
79A.80.020.
(6) "Motor vehicle" has the same meaning as defined in RCW
46.04.320 and which are required to be registered under chapter 46.16A
RCW. "Motor vehicle" does not include those motor vehicles exempt from
registration under RCW 46.16A.080, wheeled all-terrain vehicles
registered for use under section 4 of this act, and state and publicly
owned motor vehicles as provided in RCW 46.16A.170.
(7) "Recreation site or lands" means a state park, state lands and
state forest lands as those terms are defined in RCW 79.02.010, natural
resources conservation areas as that term is defined in RCW 79.71.030,
natural area preserves as that term is defined in RCW 79.70.020, and
fish and wildlife conservation sites including water access areas, boat
ramps, wildlife areas, parking areas, roads, and trailheads.
(8) "Sno-park seasonal permit" means the seasonal permit issued by
the parks and recreation commission for providing access to winter
recreational facilities for the period of November 1st through March
31st.
(9) "Vehicle access pass" means the pass created in RCW 79A.80.040.
Sec. 23 RCW 46.63.030 and 2011 c 375 s 5 are each amended to read
as follows:
(1) A law enforcement officer has the authority to issue a notice
of traffic infraction:
(a) When the infraction is committed in the officer's presence,
except as provided in section 9 of this act;
(b) When the officer is acting upon the request of a law
enforcement officer in whose presence the traffic infraction was
committed;
(c) If an officer investigating at the scene of a motor vehicle
accident has reasonable cause to believe that the driver of a motor
vehicle involved in the accident has committed a traffic infraction;
(d) When the infraction is detected through the use of an automated
traffic safety camera under RCW 46.63.170; or
(e) When the infraction is detected through the use of an automated
school bus safety camera under RCW 46.63.180.
(2) A court may issue a notice of traffic infraction upon receipt
of a written statement of the officer that there is reasonable cause to
believe that an infraction was committed.
(3) If any motor vehicle without a driver is found parked,
standing, or stopped in violation of this title or an equivalent
administrative regulation or local law, ordinance, regulation, or
resolution, the officer finding the vehicle shall take its registration
number and may take any other information displayed on the vehicle
which may identify its user, and shall conspicuously affix to the
vehicle a notice of traffic infraction.
(4) In the case of failure to redeem an abandoned vehicle under RCW
46.55.120, upon receiving a complaint by a registered tow truck
operator that has incurred costs in removing, storing, and disposing of
an abandoned vehicle, an officer of the law enforcement agency
responsible for directing the removal of the vehicle shall send a
notice of infraction by certified mail to the last known address of the
person responsible under RCW 46.55.105. The notice must be entitled
"Littering -- Abandoned Vehicle" and give notice of the monetary penalty.
The officer shall append to the notice of infraction, on a form
prescribed by the department of licensing, a notice indicating the
amount of costs incurred as a result of removing, storing, and
disposing of the abandoned vehicle, less any amount realized at
auction, and a statement that monetary penalties for the infraction
will not be considered as having been paid until the monetary penalty
payable under this chapter has been paid and the court is satisfied
that the person has made restitution in the amount of the deficiency
remaining after disposal of the vehicle.
Sec. 24 RCW 43.84.092 and 2013 2nd sp.s. c 1 s 15 are each
amended to read as follows:
(1) All earnings of investments of surplus balances in the state
treasury shall be deposited to the treasury income account, which
account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive
funds associated with federal programs as required by the federal cash
management improvement act of 1990. The treasury income account is
subject in all respects to chapter 43.88 RCW, but no appropriation is
required for refunds or allocations of interest earnings required by
the cash management improvement act. Refunds of interest to the
federal treasury required under the cash management improvement act
fall under RCW 43.88.180 and shall not require appropriation. The
office of financial management shall determine the amounts due to or
from the federal government pursuant to the cash management improvement
act. The office of financial management may direct transfers of funds
between accounts as deemed necessary to implement the provisions of the
cash management improvement act, and this subsection. Refunds or
allocations shall occur prior to the distributions of earnings set
forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income
account may be utilized for the payment of purchased banking services
on behalf of treasury funds including, but not limited to, depository,
safekeeping, and disbursement functions for the state treasury and
affected state agencies. The treasury income account is subject in all
respects to chapter 43.88 RCW, but no appropriation is required for
payments to financial institutions. Payments shall occur prior to
distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings
credited to the treasury income account. The state treasurer shall
credit the general fund with all the earnings credited to the treasury
income account except:
(a) The following accounts and funds shall receive their
proportionate share of earnings based upon each account's and fund's
average daily balance for the period: The aeronautics account, the
aircraft search and rescue account, the Alaskan Way viaduct replacement
project account, the brownfield redevelopment trust fund account, the
budget stabilization account, the capital vessel replacement account,
the capitol building construction account, the Cedar River channel
construction and operation account, the Central Washington University
capital projects account, the charitable, educational, penal and
reformatory institutions account, the cleanup settlement account, the
Columbia river basin water supply development account, the Columbia
river basin taxable bond water supply development account, the Columbia
river basin water supply revenue recovery account, the common school
construction fund, the county arterial preservation account, the county
criminal justice assistance account, the deferred compensation
administrative account, the deferred compensation principal account,
the department of licensing services account, the department of
retirement systems expense account, the developmental disabilities
community trust account, the drinking water assistance account, the
drinking water assistance administrative account, the drinking water
assistance repayment account, the Eastern Washington University capital
projects account, the Interstate 405 express toll lanes operations
account, the education construction fund, the education legacy trust
account, the election account, the energy freedom account, the energy
recovery act account, the essential rail assistance account, The
Evergreen State College capital projects account, the federal forest
revolving account, the ferry bond retirement fund, the freight mobility
investment account, the freight mobility multimodal account, the grade
crossing protective fund, the public health services account, the high
capacity transportation account, the state higher education
construction account, the higher education construction account, the
highway bond retirement fund, the highway infrastructure account, the
highway safety fund, the high occupancy toll lanes operations account,
the hospital safety net assessment fund, the industrial insurance
premium refund account, the judges' retirement account, the judicial
retirement administrative account, the judicial retirement principal
account, the local leasehold excise tax account, the local real estate
excise tax account, the local sales and use tax account, the marine
resources stewardship trust account, the medical aid account, the
mobile home park relocation fund, the motor vehicle fund, the
motorcycle safety education account, the multimodal transportation
account, the multiuse roadway safety account, the municipal criminal
justice assistance account, the natural resources deposit account, the
oyster reserve land account, the pension funding stabilization account,
the perpetual surveillance and maintenance account, the public
employees' retirement system plan 1 account, the public employees'
retirement system combined plan 2 and plan 3 account, the public
facilities construction loan revolving account beginning July 1, 2004,
the public health supplemental account, the public works assistance
account, the Puget Sound capital construction account, the Puget Sound
ferry operations account, the real estate appraiser commission account,
the recreational vehicle account, the regional mobility grant program
account, the resource management cost account, the rural arterial trust
account, the rural mobility grant program account, the rural Washington
loan fund, the site closure account, the skilled nursing facility
safety net trust fund, the small city pavement and sidewalk account,
the special category C account, the special wildlife account, the state
employees' insurance account, the state employees' insurance reserve
account, the state investment board expense account, the state
investment board commingled trust fund accounts, the state patrol
highway account, the state route number 520 civil penalties account,
the state route number 520 corridor account, the state wildlife
account, the supplemental pension account, the Tacoma Narrows toll
bridge account, the teachers' retirement system plan 1 account, the
teachers' retirement system combined plan 2 and plan 3 account, the
tobacco prevention and control account, the tobacco settlement account,
the toll facility bond retirement account, the transportation 2003
account (nickel account), the transportation equipment fund, the
transportation fund, the transportation improvement account, the
transportation improvement board bond retirement account, the
transportation infrastructure account, the transportation partnership
account, the traumatic brain injury account, the tuition recovery trust
fund, the University of Washington bond retirement fund, the University
of Washington building account, the volunteer firefighters' and reserve
officers' relief and pension principal fund, the volunteer
firefighters' and reserve officers' administrative fund, the Washington
judicial retirement system account, the Washington law enforcement
officers' and firefighters' system plan 1 retirement account, the
Washington law enforcement officers' and firefighters' system plan 2
retirement account, the Washington public safety employees' plan 2
retirement account, the Washington school employees' retirement system
combined plan 2 and 3 account, the Washington state economic
development commission account, the Washington state health insurance
pool account, the Washington state patrol retirement account, the
Washington State University building account, the Washington State
University bond retirement fund, the water pollution control revolving
administration account, the water pollution control revolving fund, and
the Western Washington University capital projects account. Earnings
derived from investing balances of the agricultural permanent fund, the
normal school permanent fund, the permanent common school fund, the
scientific permanent fund, the state university permanent fund, and the
state reclamation revolving account shall be allocated to their
respective beneficiary accounts.
(b) Any state agency that has independent authority over accounts
or funds not statutorily required to be held in the state treasury that
deposits funds into a fund or account in the state treasury pursuant to
an agreement with the office of the state treasurer shall receive its
proportionate share of earnings based upon each account's or fund's
average daily balance for the period.
(5) In conformance with Article II, section 37 of the state
Constitution, no treasury accounts or funds shall be allocated earnings
without the specific affirmative directive of this section.
Sec. 25 RCW 43.84.092 and 2013 2nd sp.s. c 1 s 16 are each
amended to read as follows:
(1) All earnings of investments of surplus balances in the state
treasury shall be deposited to the treasury income account, which
account is hereby established in the state treasury.
(2) The treasury income account shall be utilized to pay or receive
funds associated with federal programs as required by the federal cash
management improvement act of 1990. The treasury income account is
subject in all respects to chapter 43.88 RCW, but no appropriation is
required for refunds or allocations of interest earnings required by
the cash management improvement act. Refunds of interest to the
federal treasury required under the cash management improvement act
fall under RCW 43.88.180 and shall not require appropriation. The
office of financial management shall determine the amounts due to or
from the federal government pursuant to the cash management improvement
act. The office of financial management may direct transfers of funds
between accounts as deemed necessary to implement the provisions of the
cash management improvement act, and this subsection. Refunds or
allocations shall occur prior to the distributions of earnings set
forth in subsection (4) of this section.
(3) Except for the provisions of RCW 43.84.160, the treasury income
account may be utilized for the payment of purchased banking services
on behalf of treasury funds including, but not limited to, depository,
safekeeping, and disbursement functions for the state treasury and
affected state agencies. The treasury income account is subject in all
respects to chapter 43.88 RCW, but no appropriation is required for
payments to financial institutions. Payments shall occur prior to
distribution of earnings set forth in subsection (4) of this section.
(4) Monthly, the state treasurer shall distribute the earnings
credited to the treasury income account. The state treasurer shall
credit the general fund with all the earnings credited to the treasury
income account except:
(a) The following accounts and funds shall receive their
proportionate share of earnings based upon each account's and fund's
average daily balance for the period: The aeronautics account, the
aircraft search and rescue account, the Alaskan Way viaduct replacement
project account, the brownfield redevelopment trust fund account, the
budget stabilization account, the capital vessel replacement account,
the capitol building construction account, the Cedar River channel
construction and operation account, the Central Washington University
capital projects account, the charitable, educational, penal and
reformatory institutions account, the cleanup settlement account, the
Columbia river basin water supply development account, the Columbia
river basin taxable bond water supply development account, the Columbia
river basin water supply revenue recovery account, the Columbia river
crossing project account, the common school construction fund, the
county arterial preservation account, the county criminal justice
assistance account, the deferred compensation administrative account,
the deferred compensation principal account, the department of
licensing services account, the department of retirement systems
expense account, the developmental disabilities community trust
account, the drinking water assistance account, the drinking water
assistance administrative account, the drinking water assistance
repayment account, the Eastern Washington University capital projects
account, the Interstate 405 express toll lanes operations account, the
education construction fund, the education legacy trust account, the
election account, the energy freedom account, the energy recovery act
account, the essential rail assistance account, The Evergreen State
College capital projects account, the federal forest revolving account,
the ferry bond retirement fund, the freight mobility investment
account, the freight mobility multimodal account, the grade crossing
protective fund, the public health services account, the high capacity
transportation account, the state higher education construction
account, the higher education construction account, the highway bond
retirement fund, the highway infrastructure account, the highway safety
fund, the high occupancy toll lanes operations account, the hospital
safety net assessment fund, the industrial insurance premium refund
account, the judges' retirement account, the judicial retirement
administrative account, the judicial retirement principal account, the
local leasehold excise tax account, the local real estate excise tax
account, the local sales and use tax account, the marine resources
stewardship trust account, the medical aid account, the mobile home
park relocation fund, the motor vehicle fund, the motorcycle safety
education account, the multimodal transportation account, the multiuse
roadway safety account, the municipal criminal justice assistance
account, the natural resources deposit account, the oyster reserve land
account, the pension funding stabilization account, the perpetual
surveillance and maintenance account, the public employees' retirement
system plan 1 account, the public employees' retirement system combined
plan 2 and plan 3 account, the public facilities construction loan
revolving account beginning July 1, 2004, the public health
supplemental account, the public works assistance account, the Puget
Sound capital construction account, the Puget Sound ferry operations
account, the real estate appraiser commission account, the recreational
vehicle account, the regional mobility grant program account, the
resource management cost account, the rural arterial trust account, the
rural mobility grant program account, the rural Washington loan fund,
the site closure account, the skilled nursing facility safety net trust
fund, the small city pavement and sidewalk account, the special
category C account, the special wildlife account, the state employees'
insurance account, the state employees' insurance reserve account, the
state investment board expense account, the state investment board
commingled trust fund accounts, the state patrol highway account, the
state route number 520 civil penalties account, the state route number
520 corridor account, the state wildlife account, the supplemental
pension account, the Tacoma Narrows toll bridge account, the teachers'
retirement system plan 1 account, the teachers' retirement system
combined plan 2 and plan 3 account, the tobacco prevention and control
account, the tobacco settlement account, the toll facility bond
retirement account, the transportation 2003 account (nickel account),
the transportation equipment fund, the transportation fund, the
transportation improvement account, the transportation improvement
board bond retirement account, the transportation infrastructure
account, the transportation partnership account, the traumatic brain
injury account, the tuition recovery trust fund, the University of
Washington bond retirement fund, the University of Washington building
account, the volunteer firefighters' and reserve officers' relief and
pension principal fund, the volunteer firefighters' and reserve
officers' administrative fund, the Washington judicial retirement
system account, the Washington law enforcement officers' and
firefighters' system plan 1 retirement account, the Washington law
enforcement officers' and firefighters' system plan 2 retirement
account, the Washington public safety employees' plan 2 retirement
account, the Washington school employees' retirement system combined
plan 2 and 3 account, the Washington state economic development
commission account, the Washington state health insurance pool account,
the Washington state patrol retirement account, the Washington State
University building account, the Washington State University bond
retirement fund, the water pollution control revolving administration
account, the water pollution control revolving fund, and the Western
Washington University capital projects account. Earnings derived from
investing balances of the agricultural permanent fund, the normal
school permanent fund, the permanent common school fund, the scientific
permanent fund, the state university permanent fund, and the state
reclamation revolving account shall be allocated to their respective
beneficiary accounts.
(b) Any state agency that has independent authority over accounts
or funds not statutorily required to be held in the state treasury that
deposits funds into a fund or account in the state treasury pursuant to
an agreement with the office of the state treasurer shall receive its
proportionate share of earnings based upon each account's or fund's
average daily balance for the period.
(5) In conformance with Article II, section 37 of the state
Constitution, no treasury accounts or funds shall be allocated earnings
without the specific affirmative directive of this section.
NEW SECTION. Sec. 26 Except for sections 3 and 25 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 28, 2013.
NEW SECTION. Sec. 27 Section 2 of this act expires July 1, 2015.
NEW SECTION. Sec. 28 Section 3 of this act takes effect July 1,
2015.
NEW SECTION. Sec. 29 Section 24 of this act expires if the
requirements set out in section 7, chapter 36, Laws of 2012 are met.
NEW SECTION. Sec. 30 Section 25 of this act takes effect if the
requirements set out in section 7, chapter 36, Laws of 2012 are met.