H-1358              _______________________________________________


                                                   HOUSE BILL NO. 1872



                                                                            C 288 L 89



State of Washington                               51st Legislature                              1989 Regular Session


By Representatives Heavey, Prince, Valle, Brough, Anderson, R. Meyers, Walker, Haugen, Rasmussen, Ebersole, Bristow, Scott, Fraser, Patrick, Raiter, Ballard, Hine, Phillips, G. Fisher, K. Wilson, Day, Winsley, Prentice, D. Sommers, Leonard, Zellinsky, Todd and Wood



Read first time 2/8/89 and referred to Committee on Transportation.



AN ACT Relating to hitchhiking; amending RCW 46.61.255; and declaring an emergency.




        Sec. 1.  Section 38, chapter 155, Laws of 1965 ex. sess. as amended by section 1, chapter 38, Laws of 1972 ex. sess. and RCW 46.61.255 are each amended to read as follows:

          (1) No person shall stand in or on a public roadway or alongside thereof at any place where a motor vehicle cannot safely stop off the main traveled portion thereof for the purpose of soliciting a ride for himself or for another from the occupant of any vehicle.

          (2) It shall be unlawful for any person to solicit a ride for himself or another from within the right of way of any limited access facility except in such areas where permission to do so is given and posted by the highway authority of the state, county, city or town having jurisdiction over the highway.

          (3) The provisions of subsections (1) and (2) above shall not be construed to prevent a person upon a public highway from soliciting, or a driver of a vehicle from giving a ride where an emergency actually exists, nor to prevent a person from signaling or requesting transportation from a passenger carrier for the purpose of becoming a passenger thereon for hire.

          (4) No person shall stand in a roadway for the purpose of soliciting employment or business from the occupant of any vehicle.

          (5) No person shall stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway.

          (6) ((It is the intent of the legislature that this section)) (a) Except as provided in (b) of this subsection, the state preempts the field of the regulation of hitchhiking in any form, and no county, city, or town((, municipality, or political subdivision thereof)) shall take any action in conflict with the provisions of this section.

          (b) A county, city, or town may regulate or prohibit hitchhiking in an area in which it has determined that prostitution is occurring and that regulating or prohibiting hitchhiking will help to reduce prostitution in the area.


          NEW SECTION.  Sec. 2.     This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

                                                                                                                          Passed the House March 13, 1989.


                                                                                                                                         Speaker of the House.


                                                                                                                           Passed the Senate April 12, 1989.


                                                                                                                                       President of the Senate.