BILL REQ. #:  S-4046.1 

READ FIRST TIME 02/07/14.   

     AN ACT Relating to transferring the insurance and financial responsibility program; and amending RCW 46.29.550, 46.29.560, 46.29.580, and 46.29.600.

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

Sec. 1   RCW 46.29.550 and 2010 c 8 s 9046 are each amended to read as follows:
     Proof of financial responsibility may be evidenced by the certificate of the ((state treasurer)) department that the person named therein has deposited with him or her sixty thousand dollars in cash, or securities such as may legally be purchased by savings banks or for trust funds of a market value of sixty thousand dollars. The ((state treasurer)) department shall not accept any such deposit and issue a certificate therefor and the department shall not accept such certificate unless accompanied by evidence that there are no unsatisfied judgments of any character against the depositor in the county where the depositor resides.

Sec. 2   RCW 46.29.560 and 2010 c 8 s 9047 are each amended to read as follows:
     Such deposit shall be held by the ((state treasurer)) department to satisfy, in accordance with the provisions of this chapter, any execution on a judgment issued against such person making the deposit, for damages, including damages for care and loss of services, because of bodily injury to or death of any person, or for damages because of injury to or destruction of property, including the loss of use thereof, resulting from the ownership, maintenance, use, or operation of a vehicle of a type subject to registration under the laws of this state after such deposit was made. Money or securities so deposited shall not be subject to attachment or execution unless such attachment or execution shall arise out of a suit for damages as aforesaid. Any interest or other income accruing to such money or securities, so deposited, shall be paid ((by the state treasurer)) to the depositor, or his or her order, as received.

Sec. 3   RCW 46.29.580 and 1963 c 169 s 58 are each amended to read as follows:
     The department shall consent to the cancellation of any bond or certificate of insurance or the department shall direct and ((the state treasurer shall)) return any money or securities to the person entitled thereto upon the substitution and acceptance of other adequate proof of financial responsibility pursuant to this chapter.

Sec. 4   RCW 46.29.600 and 2010 c 8 s 9049 are each amended to read as follows:
     (1) The department shall upon request consent to the immediate cancellation of any bond or certificate of insurance, or the department shall direct and ((the state treasurer shall)) return to the person entitled thereto any money or securities deposited pursuant to this chapter as proof of financial responsibility, or the department shall waive the requirement of filing proof, in any of the following events:
     (a) At any time after three years from the date such proof was required when, during the three-year period preceding the request, the department has not received record of a conviction, forfeiture of bail, or finding that a traffic infraction has been committed which would require or permit the suspension or revocation of the license of the person by or for whom such proof was furnished; or
     (b) In the event of the death of the person on whose behalf such proof was filed or the permanent incapacity of such person to operate a motor vehicle; or
     (c) In the event the person who has given proof surrenders his or her license to the department.
     (2) Provided, however, that the department shall not consent to the cancellation of any bond or the return of any money or securities in the event any action for damages upon a liability covered by such proof is then pending or any judgment upon any such liability is then unsatisfied, or in the event the person who has filed such bond or deposited such money or securities has within one year immediately preceding such request been involved as a driver or owner in any motor vehicle accident resulting in injury or damage to the person or property of others. An affidavit of the applicant as to the nonexistence of such facts, or that he or she has been released from all of his or her liability, or has been finally adjudicated not to be liable, for such injury or damage, shall be sufficient evidence thereof in the absence of evidence to the contrary in the records of the department.
     (3) Whenever any person whose proof has been canceled or returned under subsection (1)(c) of this section applies for a license within a period of three years from the date proof was originally required, any such application shall be refused unless the applicant shall reestablish such proof for the remainder of such three-year period.