AN
ACT Relating to funding trauma care services; amending RCW 70.168.040,
46.63.110, 3.62.090, 63.14.010, and 63.14.130; adding a new section to chapter
70.168 RCW; adding a new section to chapter 46.12 RCW; creating new sections;
prescribing penalties; and providing an effective date.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 70.168 RCW to read as follows:
The
department shall establish by rule a grant program for designated trauma care
services. The grants shall be made from the emergency medical services and
trauma care system trust account and shall require regional matching funds.
The trust account funds and regional match shall be in a seventy-five to
twenty-five percent ratio.
Sec.
2. RCW
70.168.040 and 1990 c 269 s 17 are each amended to read as follows:
The
emergency medical services and trauma care system trust account is hereby
created in the state treasury. Moneys shall be transferred to the emergency
medical services and trauma care system trust account from the public safety
education account or other sources as appropriated, and as collected under
RCW 46.63.110(6) and section 5 of this act. Disbursements shall be made by
the department subject to legislative appropriation. Expenditures may be
made only for the purposes of the state trauma care system under this chapter,
including emergency medical services, trauma care services, rehabilitative
services, and the planning and development of related services under this
chapter and for reimbursement by the department of social and health services
for trauma care services provided by designated trauma centers.
Sec.
3. RCW
46.63.110 and 1993 c 501 s 11 are each amended to read as follows:
(1)
A person found to have committed a traffic infraction shall be assessed a
monetary penalty. No penalty may exceed two hundred and fifty dollars for each
offense unless authorized by this chapter or title.
(2)
The supreme court shall prescribe by rule a schedule of monetary penalties for
designated traffic infractions. This rule shall also specify the conditions
under which local courts may exercise discretion in assessing fines and
penalties for traffic infractions. The legislature respectfully requests the
supreme court to adjust this schedule every two years for inflation.
(3)
There shall be a penalty of twenty-five dollars for failure to respond to a
notice of traffic infraction except where the infraction relates to parking as
defined by local law, ordinance, regulation, or resolution or failure to pay a
monetary penalty imposed pursuant to this chapter. A local legislative body
may set a monetary penalty not to exceed twenty-five dollars for failure to
respond to a notice of traffic infraction relating to parking as defined by
local law, ordinance, regulation, or resolution. The local court, whether a
municipal, police, or district court, shall impose the monetary penalty set by
the local legislative body.
(4)
Monetary penalties provided for in chapter 46.70 RCW which are civil in nature
and penalties which may be assessed for violations of chapter 46.44 RCW
relating to size, weight, and load of motor vehicles are not subject to the
limitation on the amount of monetary penalties which may be imposed pursuant to
this chapter.
(5)
Whenever a monetary penalty is imposed by a court under this chapter it is
immediately payable. If the person is unable to pay at that time the court
may, in its discretion, grant an extension of the period in which the penalty
may be paid. If the penalty is not paid on or before the time established for
payment the court shall notify the department of the failure to pay the
penalty, and the department shall suspend the person's driver's license or
driving privilege until the penalty has been paid and the penalty provided in
subsection (3) of this section has been paid.
(6)
In addition to any other penalties imposed under this section and not subject
to the limitation of subsection (1) of this section, a person found to have
committed a traffic infraction shall be assessed a fee of five dollars per
infraction. Under no circumstances shall this fee be reduced or waived.
Revenue from this fee shall be forwarded to the state treasurer for deposit in
the emergency medical services and trauma care system trust account under RCW
70.168.040.
Sec.
4. RCW
3.62.090 and 1995 c 332 s 7 are each amended to read as follows:
(1)
There shall be assessed and collected in addition to any fines, forfeitures, or
penalties assessed, other than for parking infractions, by all courts organized
under Title 3 or 35 RCW a public safety and education assessment equal to sixty
percent of such fines, forfeitures, or penalties, which shall be remitted as
provided in chapters 3.46, 3.50, 3.62, and 35.20 RCW. The assessment required
by this section shall not be suspended or waived by the court.
(2)
There shall be assessed and collected in addition to any fines, forfeitures, or
penalties assessed, other than for parking infractions and for fines levied
under RCW 46.61.5055, and in addition to the public safety and education
assessment required under subsection (1) of this section, by all courts
organized under Title 3 or 35 RCW, an additional public safety and education
assessment equal to fifty percent of the public safety and education assessment
required under subsection (1) of this section, which shall be remitted to the
state treasurer and deposited as provided in RCW 43.08.250. The additional
assessment required by this subsection shall not be suspended or waived by the
court.
(3)
This section does not apply to the fee imposed under RCW 43.63.110(6).
NEW
SECTION. Sec. 5. A
new section is added to chapter 46.12 RCW to read as follows:
(1)
Upon the retail sale or lease of any new or used motor vehicle by a vehicle
dealer, the dealer shall collect from the consumer an emergency medical
services fee of six dollars and fifty cents, two dollars and fifty cents of
which shall be an administrative fee to be retained by the vehicle dealer. The
remainder of the fee shall be forwarded with the required title application and
all other fees to the department of licensing, or any of its authorized
agents. The four-dollar fee collected in this section shall be deposited in
the emergency medical services and trauma care system trust account created in
RCW 70.168.040. The administrative fee charged by a dealer shall not be
considered a violation of RCW 46.70.180(2).
(2)
If a fee is not imposed under subsection (1) of this section, there is hereby
imposed a fee of six dollars and fifty cents at the time of application for (a)
an original title or transfer of title issued on any motor vehicle pursuant to
this chapter or chapter 46.09 RCW, or (b) an original transaction or transfer
of ownership transaction of a vehicle under chapter 46.10 RCW. The department
of licensing or any of its authorized agents shall collect the fee when processing
these transactions. The fee shall be transmitted to the emergency medical
services and trauma care system trust account created in RCW 70.168.040.
(3)
This section does not apply to a motor vehicle that has been declared a total
loss by an insurer or self-insurer unless an application for certificate of
ownership or license registration is made to the department of licensing after
the declaration of total loss.
Sec.
6. RCW
63.14.010 and 1993 sp.s. c 5 s 1 are each amended to read as follows:
In
this chapter, unless the context otherwise requires:
(1)
"Goods" means all chattels personal when purchased primarily for
personal, family, or household use and not for commercial or business use, but
not including money or, except as provided in the next sentence, things in
action. The term includes but is not limited to merchandise certificates or
coupons, issued by a retail seller, to be used in their face amount in lieu of
cash in exchange for goods or services sold by such a seller and goods which,
at the time of sale or subsequently, are to be so affixed to real property as
to become a part thereof, whether or not severable therefrom;
(2)
"Lender credit card" means a card or device under a lender credit
card agreement pursuant to which the issuer gives to a cardholder residing in
this state the privilege of obtaining credit from the issuer or other persons
in purchasing or leasing property or services, obtaining loans, or otherwise,
and the issuer of which is not: (a) Principally engaged in the business of
selling goods; or (b) a financial institution;
(3)
"Lender credit card agreement" means an agreement entered into or
performed in this state prescribing the terms of retail installment
transactions pursuant to which the issuer may, with the buyer's consent,
purchase or acquire one or more retail sellers' indebtedness of the buyer under
a sales slip or memorandum evidencing the purchase, lease, loan, or otherwise
to be paid in accordance with the agreement. The issuer of a lender credit
card agreement shall not be principally engaged in the business of selling
goods or be a financial institution;
(4)
"Financial institution" means any bank or trust company, mutual
savings bank, credit union, or savings and loan association organized pursuant
to the laws of any one of the United States of America or the United States of
America, or the laws of a foreign country if also qualified to conduct business
in any one of the United States of America or pursuant to the laws of the United
States of America;
(5)
"Services" means work, labor, or services of any kind when purchased
primarily for personal, family, or household use and not for commercial or
business use whether or not furnished in connection with the delivery,
installation, servicing, repair, or improvement of goods and includes repairs,
alterations, or improvements upon or in connection with real property, but does
not include services for which the price charged is required by law to be
determined or approved by or to be filed, subject to approval or disapproval,
with the United States or any state, or any department, division, agency,
officer, or official of either as in the case of transportation services;
(6)
"Retail buyer" or "buyer" means a person who buys or agrees
to buy goods or obtain services or agrees to have services rendered or
furnished, from a retail seller;
(7)
"Retail seller" or "seller" means a person engaged in the
business of selling goods or services to retail buyers;
(8)
"Retail installment transaction" means any transaction in which a
retail buyer purchases goods or services from a retail seller pursuant to a
retail installment contract, a retail charge agreement, or a lender credit card
agreement, as defined in this section, which provides for a service charge, as
defined in this section, and under which the buyer agrees to pay the unpaid
balance in one or more installments or which provides for no service charge and
under which the buyer agrees to pay the unpaid balance in more than four
installments;
(9)
"Retail installment contract" or "contract" means a
contract, other than a retail charge agreement, a lender credit card agreement,
or an instrument reflecting a sale made pursuant thereto, entered into or
performed in this state for a retail installment transaction. The term
"retail installment contract" may include a chattel mortgage, a
conditional sale contract, and a contract in the form of a bailment or a lease
if the bailee or lessee contracts to pay as compensation for their use a sum
substantially equivalent to or in excess of the value of the goods sold and if
it is agreed that the bailee or lessee is bound to become, or for no other or a
merely nominal consideration, has the option of becoming the owner of the goods
upon full compliance with the provisions of the bailment or lease. The term
"retail installment contract" does not include: (a) A "consumer
lease," heretofore or hereafter entered into, as defined in RCW 63.10.020;
(b) a lease which would constitute such "consumer lease" but for the
fact that: (i) It was entered into before April 29, 1983; (ii) the lessee was
not a natural person; (iii) the lease was not primarily for personal, family,
or household purposes; or (iv) the total contractual obligations exceeded
twenty-five thousand dollars; or (c) a lease-purchase agreement under chapter
63.19 RCW;
(10)
"Retail charge agreement," "revolving charge agreement," or
"charge agreement" means an agreement between a retail buyer and a
retail seller that is entered into or performed in this state and that
prescribes the terms of retail installment transactions with one or more
sellers which may be made thereunder from time to time and under the terms of
which a service charge, as defined in this section, is to be computed in
relation to the buyer's unpaid balance from time to time;
(11)
"Service charge" however denominated or expressed, means the amount
which is paid or payable for the privilege of purchasing goods or services to
be paid for by the buyer in installments over a period of time. It does not
include the amount, if any, charged for insurance premiums, delinquency
charges, attorneys' fees, court costs, any vehicle dealer administrative fee
under section 5 of this act, or official fees;
(12)
"Sale price" means the price for which the seller would have sold or
furnished to the buyer, and the buyer would have bought or obtained from the
seller, the goods or services which are the subject matter of a retail
installment transaction. The sale price may include any taxes, registration and
license fees, any vehicle dealer administrative fee, and charges for
transferring vehicle titles, delivery, installation, servicing, repairs,
alterations, or improvements;
(13)
"Official fees" means the amount of the fees prescribed by law and
payable to the state, county, or other governmental agency for filing,
recording, or otherwise perfecting, and releasing or satisfying, a retained
title, lien, or other security interest created by a retail installment
transaction;
(14)
"Time balance" means the principal balance plus the service charge;
(15)
"Principal balance" means the sale price of the goods or services
which are the subject matter of a retail installment contract less the amount
of the buyer's down payment in money or goods or both, plus the amounts, if
any, included therein, if a separate identified charge is made therefor and
stated in the contract, for insurance, any vehicle dealer administrative
fee, and official fees;
(16)
"Person" means an individual, partnership, joint venture,
corporation, association, or any other group, however organized;
(17)
"Rate" means the percentage which, when multiplied times the
outstanding balance for each month or other installment period, yields the
amount of the service charge for such month or period.
Sec.
7. RCW
63.14.130 and 1992 c 193 s 1 are each amended to read as follows:
The
service charge shall be inclusive of all charges incident to investigating and
making the retail installment contract or charge agreement and for the
privilege of making the installment payments thereunder and no other fee,
expense or charge whatsoever shall be taken, received, reserved or contracted
therefor from the buyer, except for any vehicle dealer administrative fee
under section 5 of this act.
(1)
The service charge, in a retail installment contract, shall not exceed the
dollar amount or rate agreed to by contract and disclosed under RCW
63.14.040(1)(7)(g).
(2)
The service charge in a retail charge agreement, revolving charge agreement,
lender credit card agreement, or charge agreement, shall not exceed the
schedule or rate agreed to by contract and disclosed under RCW 63.14.120(1).
If the service charge so computed is less than one dollar for any month, then
one dollar may be charged.
NEW
SECTION. Sec. 8. The
legislature finds as follows:
Emergency
medical services and trauma care are provided to all residents of the state
regardless of a person's ability to pay. Historically, hospitals and health
care providers have been able to recover some of their financial losses
incurred in caring for an uninsured or underinsured person by charging persons
able to pay more. In recent years, the health care industry has undergone
substantial changes. With the advent of managed health care programs and the
adoption of new cost control measures, some hospitals and health care providers
assert that it is difficult to shift costs for uninsured and underinsured
patients onto insured patients.
In
1990 the legislature established a coordinated trauma care system. Part of the
1990 legislation included funding for a study to determine the extent to which
trauma care is uncompensated and undercompensated. This study focused
exclusively on trauma care. The legislature finds that, as a prerequisite to
determining the amount of state aid that may be necessary to assist health care
providers and facilities, it is necessary to examine trauma care losses within
the context of a health care provider or facility's total financial operations.
*NEW
SECTION. Sec. 9.
The committees on finance and health care of the
house of representatives and the committee on health and long-term care of the
senate shall jointly review the rules implementing the grant program
established pursuant to section 1 of this act. The committees shall
additionally conduct joint work sessions and hearings during 1997 to verify
that public funds are being used in a fiscally accountable and efficient
fashion that maximizes the availability of quality trauma care services.
Representatives of verified ambulance services, designated trauma services,
physicians who are active members of a trauma care service team at a designated
facility, and the department of health shall present financial information
associated with trauma care and administrative costs of the trauma system at
these hearings.
*Sec. 9 was vetoed. See message at end of chapter.
NEW
SECTION. Sec. 10. The
department of health, in cooperation with the department of social and health services,
shall monitor the adequacy of the funding mechanisms created in this act. The
department of health shall report to the legislature by December 1998 the
extent to which these funds covered the cost of uncompensated care in
designated trauma care services in the state.
NEW
SECTION. Sec. 11.
Sections 1 through 8 of this act take effect January 1, 1998.
