1624-S

AN ACT Relating to decriminalizing certain misdemeanors; amending RCW 9.51.020, 43.51.180, 46.16.381, 46.29.610, 46.61.535, 46.63.020, 46.70.125, 46.87.290, 47.52.120, 70.93.060, 81.80.070, 81.80.371, and 88.02.020; and prescribing penalties.

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

Sec. 1. RCW 9.51.020 and 1909 c 249 s 76 are each amended to read as follows:

((~~Every~~)) No person ((~~who shall~~)) may, directly or indirectly, solicit or request any person charged with the duty of preparing any jury list to put his or her name, or the name of any other person, on any such list((~~, shall be guilty of a gross misdemeanor~~)). Violation of this section is a class 1 infraction under chapter 7.80 RCW.

Sec. 2. RCW 43.51.180 and 1987 c 380 s 15 are each amended to read as follows:

((~~Every~~)) (1) No person ((~~who~~)) may:

((~~(1)~~)) (a) Cut((s)), break((s)), injure((s)), destroy((s)), take((s)), or remove((s)) any tree, shrub, timber, plant, or natural object in any park or parkway; or

((~~(2)~~)) (b) Kill((s)), or pursue((s)) with intent to kill, any bird or animal in any park or parkway; or

((~~(3)~~)) (c) Take((s)) any fish from the waters of any park or parkway, except in conformity with such general rules as the commission may prescribe; or

((~~(4)~~)) (d) Willfully mutilate((s)), injure((s)), deface((s)), or destroy((s)) any guidepost, notice, tablet, fence, inclosure, or work for the protection or ornamentation of any park or parkway; or

((~~(5)~~)) (e) Light((s)) any fire upon any park or parkway, except in such places as the commission has authorized, or willfully or carelessly permit((s)) any fire which he or she has lighted or which is under his or her charge, to spread or extend to or burn any of the shrubbery, trees, timber, ornaments, or improvements upon any park or parkway, or leave((s)) any campfire which he or she has lighted or which has been left in his or her charge, unattended by a competent person, without extinguishing it; or

((~~(6)~~)) (f) Place((s)) within any park or parkway or ((~~affixes~~)) affix to any object therein contained, without a written license from the commission, any word, character, or device designed to advertise any business, profession, article, thing, exhibition, matter, or event; or

((~~(7)~~)) (g) Violate((s)) any rule adopted, promulgated, or issued by the commission pursuant to the provisions of this chapter((~~; shall be guilty of a misdemeanor unless the commission has specified by rule, when not inconsistent with applicable statutes, that violation of the rule is an infraction under chapter 7.84 RCW~~)).

(2) A violation of this section is a class 2 infraction under chapter 7.80 RCW unless the violation is of a rule that the commission has specified as an infraction under chapter 7.84 RCW.

Sec. 3. RCW 46.16.381 and 1992 c 148 s 1 are each amended to read as follows:

(1) The director shall grant special parking privileges to any person who has a disability that limits or impairs the ability to walk and meets one of the following criteria, as determined by a licensed physician:

(a) Cannot walk two hundred feet without stopping to rest;

(b) Is severely limited in ability to walk due to arthritic, neurological, or orthopedic condition;

(c) Is so severely disabled, that the person cannot walk without the use of or assistance from a brace, cane, another person, prosthetic device, wheelchair, or other assistive device;

(d) Uses portable oxygen;

(e) Is restricted by lung disease to such an extent that forced expiratory respiratory volume, when measured by spirometry is less than one liter per second or the arterial oxygen tension is less than sixty mm/hg on room air at rest;

(f) Impairment by cardiovascular disease or cardiac condition to the extent that the person's functional limitations are classified as class III or IV under standards accepted by the American Heart Association; or

(g) Has a disability resulting from an acute sensitivity to automobile emissions which limits or impairs the ability to walk. The personal physician of the applicant shall document that the disability is comparable in severity to the others listed in this subsection.

(2) Persons who qualify for special parking privileges are entitled to receive from the department of licensing a removable windshield placard bearing the international symbol of access. The department shall design the placard to be displayed when the vehicle is parked by suspending it from the rearview mirror, or in the absence of a rearview mirror the card may be displayed on the dashboard of any vehicle used to transport the disabled person. Instead of regular motor vehicle license plates, disabled persons are entitled to receive special license plates bearing the international symbol of access for one vehicle registered in the disabled person's name. Disabled persons who are not issued the special license plates are entitled to receive a second special placard. Persons who have been issued the parking privileges and who are using a vehicle or are riding in a vehicle displaying the special license plates or placard may park in places reserved for mobility disabled persons. The director shall adopt rules providing for the issuance of special placards and license plates to public transportation authorities, nursing homes licensed under chapter 18.51 RCW, boarding homes licensed under chapter 18.20 RCW, senior citizen centers, and private nonprofit agencies as defined in chapter 24.03 RCW that regularly transport disabled persons who have been determined eligible for special parking privileges provided under this section. The director may issue special license plates for a vehicle registered in the name of the public transportation authority, nursing home, boarding homes, senior citizen center, or private nonprofit agency if the vehicle is primarily used to transport persons with disabilities described in this section. Public transportation authorities, nursing homes, boarding homes, senior citizen centers, and private nonprofit agencies are responsible for insuring that the special placards and license plates are not used improperly and are responsible for all fines and penalties for improper use.

(3) Whenever the disabled person transfers or assigns his or her interest in the vehicle, the special license plates shall be removed from the motor vehicle. If another vehicle is acquired by the disabled person and the vehicle owner qualifies for a special plate, the plate shall be attached to the vehicle, and the director shall be immediately notified of the transfer of the plate. If another vehicle is not acquired by the disabled person, the removed plate shall be immediately surrendered to the director.

(4) The special license plate shall be renewed in the same manner and at the time required for the renewal of regular motor vehicle license plates under this chapter. No special license plate may be issued to a person who is temporarily disabled. A person who has a condition expected to improve within six months may be issued a temporary placard for a period not to exceed six months. The director may issue a second temporary placard during that period if requested by the person who is temporarily disabled. If the condition exists after six months a new temporary placard shall be issued upon receipt of a new certification from the disabled person's physician. The parking placard of a disabled person shall be renewed, when required by the director, by satisfactory proof of the right to continued use of the privileges.

(5) Additional fees shall not be charged for the issuance of the special placards. No additional fee may be charged for the issuance of the special license plates except the regular motor vehicle registration fee and any other fees and taxes required to be paid upon registration of a motor vehicle.

(6) Any unauthorized use of the special placard or the special license plate is a ((~~misdemeanor~~)) traffic infraction.

(7) It is a traffic infraction, with a monetary penalty of not less than fifteen and not more than fifty dollars for any person to park a vehicle in a parking place provided on private property without charge or on public property reserved for physically disabled persons without a special license plate or placard. If a person is charged with a violation, the person shall not be determined to have committed an infraction if the person produces in court or before the court appearance the special license plate or placard required under this section.

(8) It is a ((~~misdemeanor~~)) traffic infraction for any person to willfully obtain a special license plate or placard in a manner other than that established under this section.

Sec. 4. RCW 46.29.610 and 1990 c 250 s 54 are each amended to read as follows:

(1) Any person whose license shall have been suspended under any provision of this chapter, or whose policy of insurance or bond, when required under this chapter, shall have been canceled or terminated, shall immediately return the license to the department.

(2) ((~~Any person willfully failing~~)) A willful failure to return a license as required in subsection (1) of this section is ((~~guilty of a misdemeanor~~)) a traffic infraction.

Sec. 5. RCW 46.61.535 and 1979 ex.s. c 136 s 88 are each amended to read as follows:

It shall be unlawful for any manufacturer, dealer, distributor, or any person, firm, or corporation to publish or advertise or offer for publication or advertisement, or to consent or cause to be published or advertised, the time consumed or speed attained by a vehicle between given points or over given or designated distances upon any public highways of this state when such published or advertised time consumed or speed attained shall indicate an average rate of speed between given points or over a given or designated distance in excess of the maximum rate of speed allowed between such points or at a rate of speed which would constitute reckless driving between such points. Violation of any of the provisions of this section ((~~shall be prima facie evidence of reckless driving and shall subject such person, firm, or corporation to the penalties in such cases provided~~)) is a traffic infraction.

Sec. 6. RCW 46.63.020 and 1992 c 32 s 4 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) RCW 46.09.120(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance;

(2) RCW 46.09.130 relating to operation of nonhighway vehicles;

(3) RCW 46.10.090(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) RCW 46.10.130 relating to the operation of snowmobiles;

(5) Chapter 46.12 RCW relating to certificates of ownership and registration;

(6) RCW 46.16.010 relating to initial registration of motor vehicles;

(7) RCW 46.16.011 relating to permitting unauthorized persons to drive;

(8) RCW 46.16.160 relating to vehicle trip permits;

(9) ((~~RCW 46.16.381 (6) or (8) relating to unauthorized use or acquisition of a special placard or license plate for disabled persons' parking;~~

~~(10)~~)) RCW 46.20.021 relating to driving without a valid driver's license;

((~~(11)~~)) (10) RCW 46.20.336 relating to the unlawful possession and use of a driver's license;

((~~(12)~~)) (11) RCW 46.20.342 relating to driving with a suspended or revoked license or status;

((~~(13)~~)) (12) RCW 46.20.410 relating to the violation of restrictions of an occupational driver's license;

((~~(14)~~)) (13) RCW 46.20.420 relating to the operation of a motor vehicle with a suspended or revoked license;

((~~(15)~~)) (14) RCW 46.20.750 relating to assisting another person to start a vehicle equipped with an ignition interlock device;

((~~(16)~~)) (15) RCW 46.25.170 relating to commercial driver's licenses;

((~~(17)~~)) (16) Chapter 46.29 RCW relating to financial responsibility;

((~~(18)~~)) (17) RCW 46.30.040 relating to providing false evidence of financial responsibility;

((~~(19)~~)) (18) RCW 46.37.435 relating to wrongful installation of sunscreening material;

((~~(20)~~)) (19) RCW 46.44.180 relating to operation of mobile home pilot vehicles;

((~~(21)~~)) (20) RCW 46.48.175 relating to the transportation of dangerous articles;

((~~(22)~~)) (21) RCW 46.52.010 relating to duty on striking an unattended car or other property;

((~~(23)~~)) (22) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;

((~~(24)~~)) (23) RCW 46.52.090 relating to reports by repairmen, storagemen, and appraisers;

((~~(25)~~)) (24) RCW 46.52.100 relating to driving under the influence of liquor or drugs;

((~~(26)~~)) (25) 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;

((~~(27)~~)) (26) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate;

((~~(28)~~)) (27) RCW 46.55.035 relating to prohibited practices by tow truck operators;

((~~(29)~~)) (28) RCW 46.61.015 relating to obedience to police officers, flagmen, or fire fighters;

((~~(30)~~)) (29) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;

((~~(31)~~)) (30) RCW 46.61.022 relating to failure to stop and give identification to an officer;

((~~(32)~~)) (31) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;

((~~(33)~~)) (32) RCW 46.61.500 relating to reckless driving;

((~~(34)~~)) (33) RCW 46.61.502 and 46.61.504 relating to persons under the influence of intoxicating liquor or drugs;

((~~(35)~~)) (34) RCW 46.61.520 relating to vehicular homicide by motor vehicle;

((~~(36)~~)) (35) RCW 46.61.522 relating to vehicular assault;

((~~(37)~~)) (36) RCW 46.61.525 relating to negligent driving;

((~~(38)~~)) (37) RCW 46.61.530 relating to racing of vehicles on highways;

((~~(39)~~)) (38) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;

((~~(40)~~)) (39) RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic citation;

((~~(41)~~)) (40) RCW 46.64.020 relating to nonappearance after a written promise;

((~~(42)~~)) (41) RCW 46.64.027 relating to failure to comply;

((~~(43)~~)) (42) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;

((~~(44)~~)) (43) Chapter 46.65 RCW relating to habitual traffic offenders;

((~~(45)~~)) (44) 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~~));

((~~(46)~~)) (45) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles;

((~~(47)~~)) (46) Chapter 46.80 RCW relating to motor vehicle wreckers;

((~~(48)~~)) (47) Chapter 46.82 RCW relating to driver's training schools;

((~~(49)~~)) (48) 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((;

~~(50) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW~~)).

Sec. 7. RCW 46.70.125 and 1986 c 165 s 1 are each amended to read as follows:

A vehicle dealer who sells used vehicles shall either display on the vehicle, or disclose upon request, the written asking price of a specific vehicle offered for sale by the dealer as of that time.

A violation of this section is a traffic infraction and is an unfair business practice under chapter 19.86 RCW, the Consumer Protection Act, and the provisions of chapter 46.70 RCW.

Sec. 8. RCW 46.87.290 and 1987 c 244 s 42 are each amended to read as follows:

If the director or the director's designee determines at any time that an applicant for proportional registration of a vehicle or a fleet of vehicles is not entitled to a cab card for a vehicle or fleet of vehicles, the director may refuse to issue the cab card(s) or to license the vehicle or fleet of vehicles and may for like reason, after notice, and in the exercise of discretion, cancel the cab card(s) and license plate(s) already issued. The notice shall be served personally or sent by certified mail (registered mail for Canadian addresses), return receipt requested. If sent by mail, service is deemed to have been accomplished on the date the notice was deposited in the United States mail, postage prepaid, addressed to the owner of the vehicle in question at the owner's address as it appears in the proportional registration records of the department. It is then unlawful for any person to remove, drive, or operate the vehicle(s) until a proper certificate(s) of registration or cab card(s) has been issued. Any person removing, driving, or operating the vehicle(s) after the refusal of the director or the director's designee to issue a cab card(s), certificate(s) of registration, license plate(s), or the revocation thereof is guilty of a ((~~gross misdemeanor~~)) traffic infraction. At the discretion of the director or the director's designee, a vehicle that has been moved, driven, or operated in violation of this section may be impounded by the Washington state patrol, county sheriff, or city police in a manner directed for such cases by the chief of the Washington state patrol until proper registration and license plate have been issued.

Sec. 9. RCW 47.52.120 and 1987 c 330 s 748 are each amended to read as follows:

After the opening of any limited access highway facility, ((~~it shall be unlawful for any~~)) no person may (1) ((to)) drive a vehicle over, upon, or across any curb, central dividing section, or other separation or dividing line on limited access facilities; (2) ((to)) make a left turn or semicircular or U-turn except through an opening provided for that purpose in the dividing curb section, separation, or line; (3) ((to)) drive any vehicle except in the proper lane provided for that purpose and in the proper direction and to the right of the central dividing curb, separation section, or line; (4) ((to)) drive any vehicle into the limited access facility from a local service road except through an opening provided for that purpose in the dividing curb, dividing section, or dividing line which separates such service road from the limited access facility proper; (5) ((to)) stop or park any vehicle or equipment within the right of way of such facility, including the shoulders thereof, except at points specially provided therefor, and to make only such use of such specially provided stopping or parking points as is permitted by the designation thereof: PROVIDED, That this subsection shall not apply to authorized emergency vehicles, law enforcement vehicles, assistance vans, or to vehicles stopped for emergency causes or equipment failures; (6) ((to)) travel to or from such facility at any point other than a point designated by the establishing authority as an approach to the facility or to use an approach to such facility for any use in excess of that specified by the establishing authority. For the purposes of this section, an assistance van is a vehicle rendering aid free of charge to vehicles with equipment or fuel problems. The state patrol shall establish by rule additional standards and operating procedures, as needed, for assistance vans.

((Any person who violates any of the provisions of this section is guilty of a misdemeanor and upon arrest and conviction therefor shall be punished by a fine of not less than five dollars nor more than one hundred dollars, or by imprisonment in the city or county jail for not less than five days nor more than ninety days, or by both fine and imprisonment.)) A violation of this section is a class 2 infraction under chapter 7.80 RCW. Nothing contained in this section prevents the highway authority from proceeding to enforce the prohibitions or limitations of access to such facilities by injunction or as otherwise provided by law.

Sec. 10. RCW 70.93.060 and 1983 c 277 s 1 are each amended to read as follows:

No person shall throw, drop, deposit, discard, or otherwise dispose of litter upon any public property in the state or upon private property in this state not owned by him or her or in the waters of this state whether from a vehicle or otherwise including but not limited to any public highway, public park, beach, campground, forest land, recreational area, trailer park, highway, road, street, or alley except:

(1) When such property is designated by the state or by any of its agencies or political subdivisions for the disposal of garbage and refuse, and such person is authorized to use such property for such purpose;

(2) Into a litter receptacle in such a manner that the litter will be prevented from being carried away or deposited by the elements upon any part of said private or public property or waters.

((Any person violating the provisions of this section shall be guilty of a misdemeanor and the fine for such violation shall not be less than fifty dollars for each offense. In addition thereto, except where infirmity or age or other circumstance would create a hardship, such person shall be directed by the court in which conviction is obtained to pick up and remove litter from public property and/or private property, with prior permission of the legal owner, for not less than eight hours nor more than sixteen hours for each separate offense. The court shall schedule the time to be spent on such activities in such a manner that it does not interfere with the person's employment and does not interfere substantially with the person's family responsibilities.)) A violation of this section is a class 2 infraction under chapter 7.80 RCW.

Sec. 11. RCW 81.80.070 and 1963 c 242 s 1 are each amended to read as follows:

No "common carrier," "contract carrier," or "temporary carrier" shall operate for the transportation of property for compensation in this state without first obtaining from the commission a permit so to do. A violation of this provision is a class 2 infraction under chapter 7.80 RCW. Permits heretofore issued or hereafter issued to any carrier, shall be exercised by said carrier to the fullest extent so as to render reasonable service to the public. Applications for common or contract carrier permits or extensions thereof shall be on file for a period of at least thirty days prior to the granting thereof unless the commission finds that special conditions require the earlier granting thereof.

A permit or extension thereof shall be issued to any qualified applicant therefor, authorizing the whole or any part of the operations covered by the application, if it is found that the applicant is fit, willing, and able properly to perform the services proposed and conform to the provisions of this chapter and the requirements, rules and regulations of the commission thereunder, and that such operations will be consistent with the public interest, and, in the case of common carriers, that the same are or will be required by the present or future public convenience and necessity, otherwise such application shall be denied.

Nothing contained in this chapter shall be construed to confer upon any person or persons the exclusive right or privilege of transporting property for compensation over the public highways of the state.

Sec. 12. RCW 81.80.371 and 1963 c 59 s 9 are each amended to read as follows:

((~~It shall be unlawful for any~~)) No carrier ((to)) may perform a transportation service for compensation upon the public highways of this state without first having secured appropriate authority from the Interstate Commerce Commission, if such authority is required, and without first having registered such authority, if any, with the commission.

((~~It shall also be unlawful for a~~)) No carrier ((to)) may perform a transportation service for compensation on the public highways of this state as an interstate carrier of commodities included in the exemptions provided in section 203(b) of the Interstate Commerce Act without having first registered as such a carrier with the commission.

Such registration shall be granted upon application, without hearing, upon payment of the appropriate filing fee prescribed by this chapter for other applications for operating authority.

A violation of this section is a class 2 infraction under chapter 7.80 RCW.

Sec. 13. RCW 88.02.020 and 1985 c 267 s 1 are each amended to read as follows:

Except as provided in this chapter, no person may own or operate any vessel on the waters of this state unless the vessel has been registered and displays a registration number and a valid decal in accordance with this chapter, except that a vessel which has or is required to have a valid marine document as a vessel of the United States is only required to display a valid decal. A violation of this section is a class 2 infraction under chapter 7.80 RCW.