BILL REQ. #:  H-0537.1 

Read first time 01/21/2003.   Referred to Committee on Judiciary.

     AN ACT Relating to speeding infractions in communities organized under chapter 64.38 RCW; and amending RCW 46.61.005.

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

Sec. 1   RCW 46.61.005 and 1997 c 66 s 13 are each amended to read as follows:
     The provisions of this chapter relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways except:
     (1) Where a different place is specifically referred to in a given section.
     (2) The provisions of RCW 46.52.010 through 46.52.090, 46.61.500 through 46.61.525, and 46.61.5249 shall apply upon highways and elsewhere throughout the state.
     (3)(a) Speeding violations under RCW 46.61.400 that occur on the private roads within a community organized under chapter 64.38 RCW, provided that:
     (i) A majority of the homeowner's association's board of directors of a community organized under chapter 64.38 RCW votes to authorize the issuance of speeding infractions on its private roads, and declares a speed limit not lower than twenty miles per hour;
     (ii) The president of the homeowner's association sends a notarized letter explaining the vote to the top law enforcement official of the city or county within whose jurisdiction the private road is located;
     (iii) The homeowner's association has provided written notice to all of the homeowners describing the new authority to issue speeding infractions; and
     (iv) Signs have been posted declaring the speed limit at all vehicle entrances to the community.
     (b) The authorizing vote described in (a) of this subsection may be repealed by a majority vote of the homeowner's association's board of directors of a community organized under chapter 64.38 RCW any time after two years have lapsed from the date the infraction authority was voted on by the homeowner's association's board of directors. The repeal shall take effect seven days from the date that the top law enforcement official of the city or county whose jurisdiction the private road is located receives a notarized letter from the president of the homeowner's association. The letter shall document the vote repealing the authority to issue speeding infractions.