BILL REQ. #:  H-1291.1 

Read first time 02/11/13.   Referred to Committee on Transportation.

     AN ACT Relating to allowing proof of motor vehicle liability insurance to be provided in an electronic format; and amending RCW 46.30.020, 46.30.030, 46.61.020, and 46.61.021.

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

Sec. 1   RCW 46.30.020 and 2011 c 171 s 76 are each amended to read as follows:
     (1)(a) No person may operate a motor vehicle subject to registration under chapter 46.16A RCW in this state unless the person is insured under a motor vehicle liability policy with liability limits of at least the amounts provided in RCW 46.29.090, is self-insured as provided in RCW 46.29.630, is covered by a certificate of deposit in conformance with RCW 46.29.550, or is covered by a liability bond of at least the amounts provided in RCW 46.29.090. Written proof of financial responsibility for motor vehicle operation must be provided on the request of a law enforcement officer in the format specified under RCW 46.30.030.
     (b) A person who drives a motor vehicle that is required to be registered in another state that requires drivers and owners of vehicles in that state to maintain insurance or financial responsibility shall, when requested by a law enforcement officer, provide evidence of financial responsibility or insurance as is required by the laws of the state in which the vehicle is registered.
     (c) When asked to do so by a law enforcement officer, failure to display ((an insurance identification card)) proof of liability insurance as specified under RCW 46.30.030 creates a presumption that the person does not have motor vehicle insurance.
     (d) Failure to provide proof of motor vehicle insurance is a traffic infraction and is subject to penalties as set by the supreme court under RCW 46.63.110 or community restitution.
     (2) If a person cited for a violation of subsection (1) of this section appears in person before the court or a violations bureau and provides written evidence that at the time the person was cited, he or she was in compliance with the financial responsibility requirements of subsection (1) of this section, the citation shall be dismissed and the court or violations bureau may assess court administrative costs of twenty-five dollars at the time of dismissal. In lieu of personal appearance, a person cited for a violation of subsection (1) of this section may, before the date scheduled for the person's appearance before the court or violations bureau, submit by mail to the court or violations bureau written evidence that at the time the person was cited, he or she was in compliance with the financial responsibility requirements of subsection (1) of this section, in which case the citation shall be dismissed without cost, except that the court or violations bureau may assess court administrative costs of twenty-five dollars at the time of dismissal.
     (3) The provisions of this chapter shall not govern:
     (a) The operation of a motor vehicle registered under RCW 46.18.220 or 46.18.255, governed by RCW 46.16A.170, or registered with the Washington utilities and transportation commission as common or contract carriers; or
     (b) The operation of a motorcycle as defined in RCW 46.04.330, a motor-driven cycle as defined in RCW 46.04.332, or a moped as defined in RCW 46.04.304.
     (4) RCW 46.29.490 shall not be deemed to govern all motor vehicle liability policies required by this chapter but only those certified for the purposes stated in chapter 46.29 RCW.

Sec. 2   RCW 46.30.030 and 1989 c 353 s 3 are each amended to read as follows:
     (1) Whenever an insurance company issues or renews a motor vehicle liability insurance policy, the company shall provide the policyholder with ((an identification card)) proof of liability insurance as specified by the department of licensing. Proof of liability insurance may be in a written or electronic format. Acceptable electronic formats include display of electronic images on a wireless phone or any other type of portable electronic device. At the policyholder's request, the insurer ((shall)) must provide the policyholder a written insurance identification card for each vehicle covered under the policy.
     (2) The department of licensing shall adopt rules specifying the type, style, and content of insurance identification cards and acceptable electronic formats to be used for proof of compliance with RCW 46.30.020, including the method for issuance ((of such identification cards)) by persons or organizations providing proof of compliance through self-insurance, certificate of deposit, or bond. In adopting such rules, the department shall consider the guidelines ((for insurance identification cards)) developed by the insurance industry committee on motor vehicle administration.

Sec. 3   RCW 46.61.020 and 2003 c 53 s 245 are each amended to read as follows:
     (1) It is unlawful for any person while operating or in charge of any vehicle to refuse when requested by a police officer to give his or her name and address and the name and address of the owner of such vehicle, or for such person to give a false name and address, and it is likewise unlawful for any such person to refuse or neglect to stop when signaled to stop by any police officer or to refuse upon demand of such police officer to produce his or her registration certificate ((of license registration)) of such vehicle, his or her proof of liability insurance ((identification card)), or his or her vehicle driver's license or to refuse to permit such officer to take any such license, ((card)) proof of liability insurance, or certificate for the purpose of examination thereof or to refuse to permit the examination of any equipment of such vehicle or the weighing of such vehicle or to refuse or neglect to produce the registration certificate ((of license registration)) of such vehicle, proof of liability insurance ((card)), or his or her vehicle driver's license when requested by any court. Any police officer shall on request produce evidence of his or her authorization as such.
     (2) A violation of this section is a misdemeanor.

Sec. 4   RCW 46.61.021 and 2006 c 270 s 1 are each amended to read as follows:
     (1) Any person requested or signaled to stop by a law enforcement officer for a traffic infraction has a duty to stop.
     (2) Whenever any person is stopped for a traffic infraction, the officer may detain that person for a reasonable period of time necessary to identify the person, check for outstanding warrants, check the status of the person's license, proof of liability insurance ((identification card)), and the vehicle's registration, and complete and issue a notice of traffic infraction.
     (3) Any person requested to identify himself or herself to a law enforcement officer pursuant to an investigation of a traffic infraction has a duty to identify himself or herself and give his or her current address.