AN ACT Relating to mandatory auto insurance; reenacting and amending RCW 46.63.020; creating a new chapter in Title 46 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. To obtain or renew a drivers' license, the applicant shall submit proof of coverage under a motor vehicle liability policy in the following amounts: Twenty-five thousand dollars per person, fifty thousand dollars per occurrence, fifteen thousand dollars for property damage, and ten thousand dollars for personal injury protection and medical insurance. The registered owner of a vehicle shall show a valid automobile insurance policy when obtaining or renewing vehicle license registration.

NEW SECTION. Sec. 2. (1) The company issuing the motor vehicle insurance policy shall collect at least two monthly premiums in advance when starting a policy.

(2) The insurer shall send a reminder notice to their insured and the insurance agent one month before the expiration of the policy if the premium has not yet been paid.

(3) If the premium has not been paid by fifteen days before the final due date, the insurance company shall again notify the insured and the insurance agent, and also state that the policy will not be renewed if the premium is not received by the last due date.

(4) If the insurance company has not received the premium by the final due date, it shall cancel the policy and not renew it, even if the premium is paid after the due date.

(5) When a policy has been cancelled under this section, the company shall give notice of the cancellation to the department of licensing in Olympia, with a copy to the insured and the agent.

NEW SECTION. Sec. 3. (1) Upon receipt of a cancellation notice, the department shall send notice on the same day to the police department of the locality where the insurance company shows the former insured to be residing.

(2) The applicable police department shall send a police unit to the residence of the former insured to pick up all the license plates of the vehicles registered to the former insured.

(3) If the former insured had obtained insurance from a different company, and this new policy was actually in force on the day the previous policy terminated, then the police shall take no action against the individual. The police shall notify the department of licensing on a simple, but properly printed form, of the new insurance carrier.

(4) If the former insured had not obtained new insurance coverage, all those in the household listed on the policy shall surrender their driver's licenses to the police.

(5) The police unit shall take back to its station the applicable license plates and driver's licenses of the individuals concerned.

(6) If the police unit is unable to locate the former insured, it shall return the notification to the department of licensing.

NEW SECTION. Sec. 4. To regain possession of license plates and driver's licenses confiscated under section 3 of this act, the former insured shall:

(1) Pay a civil penalty of two hundred fifty dollars in cash, money order, or bank draft, made out to the department of licensing; and

(2) Show the police agency either a valid new motor vehicle policy or a binder from an insurance company or agent. If only an insurance binder is submitted, the police agency shall not give back either the license plates or the driver's license, but shall issue temporary notifications to be placed in the back window of the vehicle and carried by the driver. Only upon proof that a new automobile insurance policy has finally been reissued may the police agency return the applicable automobile license plates and driver's licenses.

NEW SECTION. Sec. 5. (1) Upon receipt of a fine paid under section 4 of this act, the department of licensing shall send the applicable police agency a check for one hundred fifty dollars to cover the police agency's time and effort.

(2) The remainder of the fine shall be deposited into the uninsured motorist account of the state treasury, established by this section, to cover those families where an individual was killed or permanently disabled by an uninsured motorist.

NEW SECTION. Sec. 6. The procedures of sections 2 through 5 of this act shall be applied each time a driver's insurance is cancelled, but if the driver receives a second notification of insurance cancellation within one year, the penalty shall be increased to five hundred dollars. If the same driver is found to be without motor vehicle insurance for a third time within three years, the driver shall pay a penalty of five hundred dollars, and is guilty of a misdemeanor. Upon conviction the driver shall be confined to jail for thirty days.

NEW SECTION. Sec. 7. If a police department has notified the department of not being able to find the insured, this information shall be immediately entered into the department of licensing computer. If the individual tries to renew the vehicle registration the license renewal agency shall request an up-to-date policy from the individual that would indicate insurance coverage for the period after the former policy expired. If the individual can provide proof of proper insurance coverage for the period in question, the agency shall renew the vehicle registration and send notification of the new auto insurance to the department. If the individual is unable to show proof of auto insurance for the period in question, the license renewal agency shall not renew the registration and the applicant is liable for the penalties prescribed by sections 4 and 6 of this act.

NEW SECTION. Sec. 8. If a former insured falsifies motor vehicle insurance records to obtain the repossessed automobile license plates and driver's license, the person's vehicle and driver's licenses shall be confiscated by the department. Falsification of motor vehicle insurance records is a gross misdemeanor.

Sec. 9. Section 3, chapter 186, Laws of 1986 as amended by section 2, chapter 181, Laws of 1987, section 55, chapter 244, Laws of 1987, section 6, chapter 247, Laws of 1987, and by section 11, chapter 388, Laws of 1987 and RCW 46.63.020 are each reenacted and amended to read as follows:

Failure to perform any act required or the performance of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to traffic including parking, standing, stopping, and pedestrian offenses, is designated as a traffic infraction and may not be classified as a criminal offense, except for an offense contained in the following provisions of this title or a violation of an equivalent administrative regulation or local law, ordinance, regulation, or resolution:

(1) RCW 46.09.120(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance;

(2) RCW 46.09.130 relating to operation of nonhighway vehicles;

(3) RCW 46.10.090(2) relating to the operation of a snowmobile while under the influence of intoxicating liquor or narcotics or habit-forming drugs or in a manner endangering the person of another;

(4) RCW 46.10.130 relating to the operation of snowmobiles;

(5) Chapter 46.12 RCW relating to certificates of ownership and registration;

(6) RCW 46.16.010 relating to initial registration of motor vehicles;

(7) RCW 46.16.160 relating to vehicle trip permits;

(8) RCW 46.16.011 relating to permitting unauthorized persons to drive;

(9) RCW 46.16.381(8) relating to unauthorized acquisition of a special decal, license plate, or card for disabled persons' parking;

(10) RCW 46.20.021 relating to driving without a valid driver's license;

(11) RCW 46.20.336 relating to the unlawful possession and use of a driver's license;

(12) RCW 46.20.342 relating to driving with a suspended or revoked license;

(13) RCW 46.20.410 relating to the violation of restrictions of an occupational driver's license;

(14) RCW 46.20.416 relating to driving while in a suspended or revoked status;

(15) RCW 46.20.420 relating to the operation of a motor vehicle with a suspended or revoked license;

(16) RCW 46.20.750 relating to assisting another person to start a vehicle equipped with an ignition interlock device;

(17) Chapter 46.29 RCW relating to financial responsibility;

(18) Sections 6 and 8 of this act relating to mandatory motor vehicle insurance;

(19) RCW 46.44.180 relating to operation of mobile home pilot vehicles;

((~~(19)~~)) (20) RCW 46.48.175 relating to the transportation of dangerous articles;

((~~(20)~~)) (21) RCW 46.52.010 relating to duty on striking an unattended car or other property;

((~~(21)~~)) (22) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;

((~~(22)~~)) (23) RCW 46.52.090 relating to reports by repairmen, storagemen, and appraisers;

((~~(23)~~)) (24) RCW 46.52.100 relating to driving under the influence of liquor or drugs;

((~~(24)~~)) (25) RCW 46.52.130 relating to confidentiality of the driving record to be furnished to an insurance company, an employer, and an alcohol/drug assessment or treatment agency;

((~~(25)~~)) (26) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate;

((~~(26)~~)) (27) RCW 46.61.015 relating to obedience to police officers, flagmen, or fire fighters;

((~~(27)~~)) (28) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;

((~~(28)~~)) (29) RCW 46.61.022 relating to failure to stop and give identification to an officer;

((~~(29)~~)) (30) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;

((~~(30)~~)) (31) RCW 46.61.500 relating to reckless driving;

((~~(31)~~)) (32) RCW 46.61.502 and 46.61.504 relating to persons under the influence of intoxicating liquor or drugs;

((~~(32)~~)) (33) RCW 46.61.520 relating to vehicular homicide by motor vehicle;

((~~(33)~~)) (34) RCW 46.61.522 relating to vehicular assault;

((~~(34)~~)) (35) RCW 46.61.525 relating to negligent driving;

((~~(35)~~)) (36) RCW 46.61.530 relating to racing of vehicles on highways;

((~~(36)~~)) (37) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;

((~~(37)~~)) (38) RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic citation;

((~~(38)~~)) (39) RCW 46.64.020 relating to nonappearance after a written promise;

((~~(39)~~)) (40) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;

((~~(40)~~)) (41) Chapter 46.65 RCW relating to habitual traffic offenders;

((~~(41)~~)) (42) Chapter 46.70 RCW relating to unfair motor vehicle business practices, except where that chapter provides for the assessment of monetary penalties of a civil nature;

((~~(42)~~)) (43) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles;

((~~(43)~~)) (44) Chapter 46.80 RCW relating to motor vehicle wreckers;

((~~(44)~~)) (45) Chapter 46.82 RCW relating to driver's training schools;

((~~(45)~~)) (46) RCW 46.87.260 relating to alteration or forgery of a cab card, letter of authority, or other temporary authority issued under chapter 46.87 RCW;

((~~(46)~~)) (47) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW.

NEW SECTION. Sec. 10. Sections 1 through 8 of this act shall constitute a new chapter in Title 46 RCW.