CERTIFICATION OF ENROLLMENT

 

                  SUBSTITUTE SENATE BILL 5116

 

                               

 

                    Chapter 39, Laws of 1992

                         (partial veto)

 

                        52nd Legislature

                      1992 Regular Session

 

 

   SCHOOL BUSES‑-REPORTING VIOLATORS OF SCHOOL BUS STOP LAWS

 

 

                    EFFECTIVE DATE:  6/11/92

Passed by the Senate March 7, 1992

  Yeas 47   Nays 0

 

 

 

               JOEL PRITCHARD

President of the Senate

 

Passed by the House March 5, 1992

  Yeas 98   Nays 0

               CERTIFICATE

 

I, Gordon Golob, Secretary of the Senate of the State of Washington, do hereby certify that the attached is SUBSTITUTE SENATE BILL 5116 as passed by the Senate and the House of Representatives on the dates hereon set forth.

 

 

 

                   JOE KING

Speaker of the

       House of Representatives

             GORDON A. GOLOB

                                 Secretary

 

 

Approved March 26, 1992, with the exception of section 4, which is vetoed. Place Style On Codes above, and Style Off Codes below.

                                     FILED          

 

               March 26, 1992 - 11:26 a.m.

 

 

 

               BOOTH GARDNER

Governor of the State of Washington

                        Secretary of State

                       State of Washington


                  _______________________________________________

 

                            SUBSTITUTE SENATE BILL 5116

                  _______________________________________________

 

                              AS AMENDED BY THE HOUSE

 

                     Passed Legislature - 1992 Regular Session

 

State of Washington              52nd Legislature             1991 Regular Session

 

By Senate Committee on Education (originally sponsored by Senators Murray, Bailey, Thorsness, Gaspard, A. Smith, Rinehart, Madsen, Talmadge, Bauer and Erwin; by request of Task Force on Student Transp. Safety).

 

Read first time February 19, 1991.

Allowing school bus drivers to report violators.


     AN ACT Relating to transportation safety; adding new sections to chapter 46.61 RCW; adding a new section to chapter 46.37 RCW; and creating new sections.

 

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

 

     NEW SECTION.  Sec. 1.  A new section is added to chapter 46.61 RCW to read as follows:

     If a law enforcement officer investigating a violation of RCW 46.61.370 has reasonable cause to believe that a violation has occurred, the officer may request the owner of the motor vehicle to supply information identifying the driver of the vehicle at the time the violation occurred.  When requested, the owner of the motor vehicle shall identify the driver to the best of the owner's ability.  The owner of the vehicle is not required to supply identification information to the law enforcement officer if the owner believes the information is self-incriminating.

 

     NEW SECTION.  Sec. 2.  A new section is added to chapter 46.61 RCW to read as follows:

     (1) The driver of a school bus who observes a violation of RCW 46.61.370 may prepare a written report on a form provided by the state patrol or another law enforcement agency indicating that a violation has occurred.  The driver of the school bus or a school official may deliver the report to a law enforcement officer of the state, county, or municipality in which the violation occurred but not more than seventy-two hours after the violation occurred.  The driver shall include in the report the time and location at which the violation occurred, the vehicle license plate number, and a description of the vehicle involved in the violation.

     (2) The law enforcement officer shall initiate an investigation of the reported violation within ten working days after receiving the report described in subsection (1) of this section by contacting the owner of the motor vehicle involved in the reported violation and requesting the owner to supply information identifying the driver.  Failure to investigate within the ten working day period does not prohibit further investigation or prosecution.  If, after an investigation, the law enforcement officer is able to identify the driver and has reasonable cause to believe a violation of RCW 46.61.370 has occurred, the law enforcement officer shall prepare a notice of traffic infraction and have it served upon the driver of the vehicle.

 

     NEW SECTION.  Sec. 3.      The superintendent of public instruction, in cooperation with a least one school district, shall conduct a pilot program to test the feasibility of using video cameras to identify motorists and vehicles that illegally pass school buses when the bus is loading and unloading students.  The superintendent shall report his or her findings to the legislature by December 30, 1992.The text of the following section has been vetoed by the Governor.  It is noted in bold italic.

 

   *

 

     NEW SECTION.  Sec. 4.  A new section is added to chapter 46.37 RCW to read as follows:

     (1) A school bus may be equipped with a single hazard strobe lamp.  The lamp must meet the standards and specifications established by the chief of the Washington state patrol and must be mounted on the center line of the roof in the rear one-half of the bus, but no closer than six feet from the rear of the bus measured from a vertical plane tangent to the rearmost point of the bus body.

     (2) A hazard strobe lamp may be used when the bus is occupied with school children or when one or more of the following conditions exist:

     (a) The bus is in motion in inclement, sight-obscuring conditions, including but not limited to, rain, fog, snow, and smoke;

     (b) There is a need to improve the visibility of the bus when stopping on, standing on, or starting onto a highway; or

     (c) There is limited visibility caused by geographic hazards, including but not limited to, winding roadways, hills, trees, and buildings.

*Sec. 4 was vetoed, see message at end of chapter.

 

     NEW SECTION.  Sec. 5.      If specific funding for the purposes of section 3 of this act, referencing this act by bill number, is not provided by June 30, 1992, in the omnibus appropriations act, section 3 of this act shall be null and void.


     Passed the Senate March 7, 1992.

     Passed the House March 5, 1992.

Approved by the Governor March 26, 1992, with the exception of certain items which were vetoed.

     Filed in Office of Secretary of State March 26, 1992.

 

     Note: Governor's explanation of partial veto is as follows:

 

     "I am returning herewith, without my approval as to section 4, Substitute Senate Bill No. 5116 entitled:

 

"AN ACT Relating to transportation safety."

 

     Substitute Senate Bill No. 5116 is the product of work by the task force on school bus safety.   It includes several excellent provisions to assist law enforcement personnel in enforcing school bus stop laws and enhancing school bus safety.  I applaud and fully support these provisions.

 

     However, section 4 would change current Washington State Patrol rules to allow school buses to utilize their hazard strobe lamps regardless of whether it is warranted by hazardous conditions.  Studies indicate that overuse of hazard warning lights ultimately diminishes their effectiveness.  For this reason, I have vetoed section 4 of Substitute Senate Bill No. 5116.

 

     With the exception of section 4, Substitute Senate Bill No. 5116 is approved."