BP BHEAD INT S [atlas:bill]

AN ACT Relating to traffic safety; amending RCW 43.59.010, 28A.220.050, 46.20.095, 46.82.430, 46.83.040, 82.08.020, and 46.20.305; adding new sections to chapter 43.59 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. This act may be known and cited as the Cooper Jones Act.

Sec. 2. RCW 43.59.010 and 1967 ex.s. c 147 s 1 are each amended to read as follows:

(1) The purpose of this chapter is to establish a new agency of state government to be known as the Washington traffic safety commission. The functions and purpose of this commission shall be to find solutions to the problems that have been created as a result of the tremendous increase of motor vehicles on our highways and the attendant traffic death and accident tolls; to plan and supervise programs for the prevention of accidents on streets and highways including but not limited to educational campaigns designed to reduce traffic accidents in cooperation with all official and unofficial organizations interested in traffic safety; to coordinate the activities at the state and local level in the development of state-wide and local traffic safety programs; to promote a uniform enforcement of traffic safety laws and establish standards for investigation and reporting of traffic accidents; to promote and improve driver education; and to authorize the governor to perform all functions required to be performed by him under the federal Highway Safety Act of 1966 (Public Law 89-564; 80 Stat. 731).

(2) The legislature finds and declares that bicycling is becoming increasingly popular in Washington as a clean and efficient mode of transportation, as a recreational activity, and as an organized sport. Future plans for the state's transportation system will require increased access and safety for bicycles on our common roadways, and federal transportation legislation and funding programs have created strong incentives to implement these changes quickly. As a result, many more people are likely to take up bicycling in Washington both as a leisure activity and as a convenient, inexpensive form of transportation. Bicyclists are more vulnerable to injury and accident than motorists, and should be as knowledgeable as possible about traffic laws, be highly visible and predictable when riding in traffic, and be encouraged to wear bicycle safety helmets. Hundreds of bicyclists and pedestrians are seriously injured every year in accidents, and millions of dollars are spent on health care costs associated with these accidents. There is clear evidence that organized training in the rules and techniques of safe and effective cycling can significantly reduce the incidence of serious injury and accidents, increase cooperation among road users, and significantly increase the incidence of bicycle helmet use, particularly among minors.

NEW SECTION. Sec. 3. A new section is added to chapter 43.59 RCW to read as follows:

(1) The Washington state traffic safety commission shall establish a program for administering grants for activities that train persons in pedestrian safety and the safe and effective operation of bicycles, and shall cooperate with the state Criminal Justice Training Commission, Bicycle Federation of America, the League of American Bicyclists, state and local bicycling organizations, local governments, public school districts, or other appropriate public and private organizations in developing and operating the grant program.

(2) The commission shall prescribe minimum qualifications for the grant recipients. Grants will be made to programs that include instruction concerning:

(a) The safe handling and use of bicycles;

(b) High-risk traffic situations;

(d) On-bike training;

(e) Correct use of bicycle helmets;

(f) Traffic laws and regulations; and

(g) The number and severity of injuries resulting from bicycling accidents in Washington and nationally and the number and severity of such bicycle/pedestrian interaction injuries among minors.

(3) Upon successful completion of the program, participants will receive a bicycle or pedestrian safety education certificate signed by an authorized instructor. The certificate is evidence of compliance with this section.

NEW SECTION. Sec. 4. A new section is added to chapter 43.59 RCW to read as follows:

(1) The bicycle and pedestrian safety education account is created in the state treasury. All receipts from the sales tax on bicycles designated under RCW 82.08.020(3) must be deposited into the account. Moneys in the account may be spent only after legislative appropriation. Expenditures from the account may be used only for the establishment and operation of programs to teach safe and effective bicycling created under section 3(1) of this act.

(2) Funds may be used for the purchase of equipment and supplies necessary for the operation of the programs, such as bicycles, bicycle helmets, safety or environmental improvements, and liability protection for nonprofit training programs.

(3) The funds will be available to nonprofit organizations on a matching basis, including but not limited to bicycling groups and community and civic organizations. All entities receiving matching funds must provide a regularly scheduled program complying with standards established under section 3 (1) and (2) of this act.

Sec. 5. RCW 28A.220.050 and 1986 c 93 s 4 are each amended to read as follows:

The superintendent of public instruction shall include information on the proper use of the left-hand lane by motor vehicles on multilane highways and on bicyclists' and pedestrians' rights and responsibilities in instructional material used in traffic safety education courses.

Sec. 6. RCW 46.20.095 and 1986 c 93 s 3 are each amended to read as follows:

The department shall include information on the proper use of the left-hand lane by motor vehicles on multilane highways and on bicyclists' and pedestrians' rights and responsibilities in its instructional publications for drivers.

Sec. 7. RCW 46.82.430 and 1986 c 93 s 5 are each amended to read as follows:

Instructional material used in driver training schools shall include information on the proper use of the left-hand lane by motor vehicles on multilane highways and on bicyclists' and pedestrians' rights and responsibilities and suggested riding procedures in common traffic situations.

Sec. 8. RCW 46.83.040 and 1961 c 12 s 46.83.040 are each amended to read as follows:

It shall be the purpose of every traffic school which may be established hereunder to instruct, educate, and inform all persons appearing for training in the proper, lawful, and safe operation of motor vehicles, including but not limited to rules of the road and the limitations of persons, vehicles, and bicycles and roads, streets, and highways under varying conditions and circumstances.

Sec. 9. RCW 82.08.020 and 1992 c 194 s 9 are each amended to read as follows:

(1) There is levied and there shall be collected a tax on each retail sale in this state equal to six and five-tenths percent of the selling price.

(2) There is levied and there shall be collected an additional tax on each retail car rental, regardless of whether the vehicle is licensed in this state, equal to five and nine-tenths percent of the selling price. Ninety-one percent of the revenue collected under this subsection shall be deposited and distributed in the same manner as motor vehicle excise tax revenue collected under RCW 82.44.020(1). Nine percent of the revenue collected under this subsection shall be deposited in the transportation fund and distributed in the same manner as motor vehicle excise tax revenue collected under RCW 82.44.020(2).

(3) In addition to the amount collected under subsection (1) of this section, on each retail sale of a bicycle as defined in RCW 46.04.071, an additional amount equal to one percent of the selling price is levied and must be collected. Seventy-five percent of the revenue collected under this subsection must be deposited into the bicycle and pedestrian safety education account established under section 4(1) of this act, and distributed in the manner described in section 4 (2) and (3) of this act. Twenty-five percent of the revenue collected under this subsection must be deposited in the transportation fund and distributed in the same manner as motor vehicle excise tax revenue collected under RCW 82.44.020(2).

(4) The taxes imposed under this chapter shall apply to successive retail sales of the same property.

((~~(4)~~)) (5) The rates provided in this section apply to taxes imposed under chapter 82.12 RCW as provided in RCW 82.12.020.

Sec. 10. RCW 46.20.305 and 1965 ex.s. c 121 s 26 are each amended to read as follows:

(1) The department, having good cause to believe that a licensed driver is incompetent or otherwise not qualified to be licensed may upon notice require him to submit to an examination.

(2) The department shall require the driver of a vehicle involved in an accident resulting in the serious injury to or death of a person to submit to an examination. The examination must be completed no later than ninety days after the accident report required under RCW 46.52.030 is received by the department.

(3) The department may in addition to an examination under subsection (1) or (2) of this section require such person to obtain a certificate showing his condition signed by a licensed physician or other proper authority designated by the department.

(4) Upon the conclusion of ((~~such~~)) an examination under this section the department shall take driver improvement action as may be appropriate and may suspend or revoke the license of such person or permit him to retain such license, or may issue a license subject to restrictions as permitted under RCW 46.20.041. The department may suspend or revoke the license of such person who refuses or neglects to submit to such examination.

(5) The department may require payment of a fee by a person subject to examination under this section. The department shall set the fee in an amount that is sufficient to cover the additional cost of administering examinations required by this section.