BILL REQ. #:  H-2048.1 

READ FIRST TIME 02/27/03.   

     AN ACT Relating to payment of traffic infraction and misdemeanor penalties; amending RCW 46.64.025; reenacting and amending RCW 46.63.110; and providing an effective date.

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

Sec. 1   RCW 46.63.110 and 2002 c 279 s 15 and 2002 c 175 s 36 are each reenacted and 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 monetary penalty for a violation of RCW 46.55.105(2) is two hundred fifty dollars for each offense. No penalty assessed under this subsection (2) may be reduced.
     (3) 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.
     (4) 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.
     (5) 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.
     (6) 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)) a person is not able to pay a monetary penalty in full, and not more than one year has passed since the later of the effective date of this act or the date the penalty became payable, the court shall offer to enter into a payment plan with the person, unless the person has previously been granted a payment plan with respect to the same monetary penalty, in which case the court may, at its discretion, implement a payment plan. Once a person has entered into a payment plan and made an initial payment, the court shall notify the department that the infraction has been adjudicated, and the department shall rescind any suspension of the person's driver's license or driver's privilege based on failure to respond to that infraction. "Payment plan," as used in this section, means a plan that requires reasonable payments based on the financial ability of the person to pay. The person may voluntarily pay an amount at any time in addition to the payments required under the payment plan:
     (a) If a payment required to be made under the payment plan is delinquent or the person fails to complete a community restitution program on or before the time established under the payment plan, unless the court determines good cause therefore and adjusts the payment plan or the community restitution plan accordingly, the court shall notify the department of the person's failure to meet the conditions of the plan, 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 (4) of this section has been paid)), including penalties imposed under subsection (4) of this section, or until the court notifies the department that the person is again participating in a payment plan or community restitution plan approved by the court.
     (b) If a person has not entered into a payment plan with the court and has not paid the penalty in full on or before the time established for payment, the court shall notify the department of the delinquency. The department shall suspend the person's driver's license or driving privilege until the penalty has been paid, including the penalty in subsection (4) of this section, or until the person has entered into a payment plan or community restitution plan under this section.
     (c) If the payment plan is to be administered by the court, the court may assess the person a reasonable administrative fee to be wholly retained by the city or county with jurisdiction. The administrative fee shall not exceed ten dollars per infraction.
     (d) Nothing in this section precludes a court from contracting with an outside entity to administer a payment plan. When an outside entity is used for the administration of a plan, the court may assess the person a reasonable fee for those administrative services. Fees collected under this subsection shall be wholly retained by the city or county with jurisdiction, for payment of costs of administration.
     (e) If a community restitution program for offenders is available in the jurisdiction, the court shall allow conversion of all or part of the monetary penalties due under this subsection (6) to community restitution if the person is unable to make reasonable time payments.
     (f) No person may enter into a second or subsequent payment plan if he or she is failing to meet the conditions of a prior plan.
     (7) 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.
     (8)(a) 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 other than of RCW 46.61.527 shall be assessed an additional penalty of ten dollars. The court may not reduce, waive, or suspend the additional penalty unless the court finds the offender to be indigent. If a community restitution program for offenders is available in the jurisdiction, the court shall allow offenders to offset all or a part of the penalty due under this subsection (8) by participation in the community restitution program.
     (b) Revenue from the additional penalty must be remitted under chapters 2.08, 3.46, 3.50, 3.62, 10.82, and 35.20 RCW. Money remitted under this subsection to the state treasurer must be deposited as provided in RCW 43.08.250. The balance of the revenue received by the county or city treasurer under this subsection must be deposited into the county or city current expense fund. Moneys retained by the city or county under this subsection shall constitute reimbursement for any liabilities under RCW 43.135.060.

Sec. 2   RCW 46.64.025 and 1999 c 86 s 7 are each amended to read as follows:
     (1) Whenever any person violates his or her written promise to appear in court, ((or)) fails to appear for a scheduled court hearing, or fails to comply with the terms of a citation, the court in which the defendant failed to appear or comply shall promptly give notice of such fact to the department of licensing. Whenever thereafter the case in which the defendant failed to appear or comply is adjudicated, the court hearing the case shall promptly file with the department a certificate showing that the case has been adjudicated.
     (2)(a) Where compliance with the terms of a misdemeanor citation includes the payment of a monetary penalty, and a person is not able to pay the monetary penalty in full, and not more than one year has passed since the later of the effective date of this act or the date payment of the penalty became due, the court shall offer to enter into a payment plan with the person, unless the person has previously been granted a payment plan with respect to the same monetary penalty, in which case the court may, at its discretion, implement a payment plan. "Payment plan," as used in this section, means a plan that requires reasonable payments based on the financial ability of the person to pay. The person may voluntarily pay any amount at any time in addition to these payments. If a person has entered into a payment plan under this subsection, the court shall not notify the department of licensing that the person has failed to comply with the terms of a citation as it applies to payment of the monetary penalty unless a payment required to be made under the payment plan is delinquent and the court has not determined good cause therefore and adjusted the payment plan or the community restitution plan accordingly.
     (b) If the payment plan is to be administered by the court, the court may assess the person a reasonable administrative fee to be wholly retained by the city or county with jurisdiction. The administrative fee shall not exceed ten dollars per misdemeanor.
     (c) Nothing in this section precludes a court from contracting with an outside entity to administer a payment plan. When an outside entity is used for the administration of a plan, the court may assess the person a reasonable fee for those administrative services. Fees collected under this subsection shall be wholly retained by the city or county with jurisdiction, for payment of costs of administration.
     (d) No person may enter into a second or subsequent payment plan if he or she is failing to comply with the terms of a prior plan.

NEW SECTION.  Sec. 3   This act takes effect January 1, 2004.