AN ACT Relating to uninsured motorists; reenacting and amending RCW 46.63.020; adding a new chapter to Title 46 RCW; prescribing penalties; and providing an effective date.

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

NEW SECTION. Sec. 1. It is a privilege granted by the state to operate a motor vehicle upon the highways of this state. The legislature recognizes the threat that uninsured drivers are to the people of the state. In order to alleviate the threat posed by uninsured drivers, it is the intent of the legislature to require that all vehicles licensed by this state have insurance and that no application for an original motor vehicle license or for renewal or reinstatement of a vehicle license will be approved unless accompanied by evidence of financial responsibility as set forth in this chapter.

NEW SECTION. Sec. 2. Every driver and registered owner of a motor vehicle, other than a vehicle licensed under RCW 46.16.310 or 46.16.315, shall, at all times, maintain in force one of the forms of financial responsibility specified in section 3 of this act.

NEW SECTION. Sec. 3. Financial responsibility of the driver or owner is established if the driver or owner of the vehicle is:

(1) The insured under a motor vehicle liability policy as provided in chapter 46.29 RCW;

(2) The obligee under a bond as provided in RCW 46.29.520;

(3) The holder of a certificate of deposit as provided in RCW 46.29.550;

(4) The holder of a certificate of self-insurance as provided in RCW 46.29.630; or

(5) The United States of America, this state, and county, municipality, or subdivision thereof, or the lawful agent thereof.

NEW SECTION. Sec. 4. (1) Any liability insurer issuing or renewing a motor vehicle liability policy as provided in chapter 46.29 RCW shall provide written notice to the named insured of the policy identification number that may be used for verifying financial responsibility for purposes of section 5 of this act. This notice may be provided in a written binder, if any, or in the policy documents provided upon issuance or renewal of the policy.

(2) A policy of motor vehicle liability insurance issued or renewed as required by this chapter may contain conditions, limitations, and exclusions as may be approved by the insurance commissioner. RCW 46.29.490 shall not be deemed to govern a motor vehicle liability policy other than a policy required for proof of financial responsibility in the future.

(3) Unless the policy terms specifically provide for stacking of one policy or coverage upon another, stacking is not permitted.

NEW SECTION. Sec. 5. (1) Every person who drives a motor vehicle required to be registered in this state upon a highway shall, when requested by a law enforcement officer provide evidence of financial responsibility for the vehicle.

Except as otherwise provided in this subsection, any person who violates this subsection or section 2 of this act has committed an infraction and shall be punished for each offense by a monetary penalty of two hundred forty dollars. Each defendant shall be assessed a monetary penalty in the amount specified in this section, upon conviction, unless the court determines that in the interest of justice the fine should be reduced. Any reduction of the fine shall be in the same proportion and the court shall state the reasons for reducing the fine on the record.

In lieu of the fine otherwise assessable under this subsection, the court may permit the defendant to perform community service designated by the court.

(2) For purposes of this section, "evidence of financial responsibility" means either of the following:

(a) The name of the insurance or surety company which issued the motor vehicle liability policy as provided in RCW 46.29.490, or bond as provided in RCW 46.29.520, in effect for the vehicle, and the number of the insurance policy or surety bond;

(b) If the owner is a self-insurer as provided in RCW 46.29.630 or a depositor as provided in RCW 46.29.550, the certificate or deposit number issued by the department.

(3) If the driver fails to provide evidence of financial responsibility the law enforcement officer may issue the driver a notice of infraction for violation of subsection (1) of this section. The notice of infraction for violation of subsection (1) of this section shall be written on the same citation form as the original violation.

NEW SECTION. Sec. 6. (1) After the effective date of this act, no application for an original motor vehicle license or for renewal or reinstatement of a motor vehicle license may be approved or validated unless the applicant certifies that adequate financial responsibility as required by section 2 of this act has been established.

(2) The department shall annually verify on a random audit basis by negative verification the insurance information contained in at least one percent of all certifications received pursuant to subsection (1) of this section.

For purposes of this section, "negative verification" means that an insurer or surety shall be required to notify the department, upon inquiry by the department, only if the insurer or surety determines that no insurance policy or bond issued by it was in force at the time for which the department is inquiring.

NEW SECTION. Sec. 7. Any person who provides false evidence of financial responsibility (1) when requested by a law enforcement officer pursuant to section 5(3) of this act or (2) to the department when making an application under section 6 of this act, including an expired or canceled insurance policy, bond, or certificate or deposit number, is guilty of a misdemeanor punishable by a fine not exceeding one thousand dollars or imprisonment in the county jail not exceeding thirty days, or both. The department shall additionally suspend the driver's license of any person convicted of a violation of this subsection for a period of one year commencing upon the date of the conviction, in accordance with RCW 46.20.315 and 46.20.320. Driver's licenses surrendered to the court pursuant to this section shall be transmitted by the court, together with the required report of the conviction to the department within ten days of the conviction. Upon conclusion of the period of suspension, the department shall not return the driver's license until the licensee establishes proof of financial responsibility as provided in chapter 46.29 RCW.

Sec. 8. Section 3, chapter 186, Laws of 1986 as amended by section 2, chapter 181, Laws of 1987, by section 55, chapter 244, Laws of 1987, by 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 46.16.011 relating to permitting unauthorized persons to drive;

(8) 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) Section 7 of this act relating to providing false evidence of financial responsibility;

(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. 9. Sections 1 through 7 of this act shall constitute a new chapter in Title 46 RCW.

NEW SECTION. Sec. 10. This act shall take effect on January 1, 1990.

NEW SECTION. Sec. 11. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.