SENATE BILL REPORT

                   SB 5638

              As Reported By Senate Committee On:

                Law & Justice, January 15, 1998

Title:  An act relating to traffic infractions that result in a fatality.

Brief Description:  Requiring a driver improvement interview when a person is involved in a fatal accident and is issued a traffic infraction.

Sponsors:  Senators Fraser, Fairley, McCaslin and Kohl.

Brief History:

Committee Activity:  Law & Justice:  1/13/98, 1/15/98 [DP].

SENATE COMMITTEE ON LAW & JUSTICE

Majority Report:  Do pass.

  Signed by Senators Roach, Chair; Fairley, Goings, Hargrove, Kline, McCaslin, Stevens and Zarelli.

Staff:  Lidia Mori (786-7755)

Background:  Every court is required to keep a record of traffic complaints, citations, and infractions and whether they result in a conviction, forfeiture of bail, or a finding that a traffic infraction has been committed.  This abstract is forwarded to the Department of Licensing.  The Director of the Department of Licensing has the authority to suspend or revoke a person=s driver=s license when the director concludes from facts contained in the case record that it is for the best interest of public safety.  Whenever the department proposes to suspend or revoke a person=s license, that person must be given an opportunity for a driver improvement interview.  A driver improvement interview is an informal opportunity for a driver to disagree with any point in the case record and present arguments against suspension or revocation of his or her license.  The driver improvement analyst then makes a finding and the person has a right to appeal.

Summary of Bill:  Traffic abstracts that are forwarded to the Department of Licensing by the court must include information on whether the traffic incident resulted in a fatality.

A person who has forfeited bail on an infraction that resulted in a fatality is required to participate in a driver improvement interview.  The Director of the Department of Licensing may suspend a person=s driver=s license if the person has forfeited bail on an infraction that resulted in a fatality and has failed to complete a driver improvement interview.

Appropriation:  None.

Fiscal Note:  Requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  Something should be done when someone kills a person as a result of a traffic infraction.  This bill contains a prevention strategy. 

Testimony Against:  None.

Testified:  Senator Karen Fraser (pro); Mike Middleton (pro); Clark Holloway, Dept. of Licensing (pro with concern).