S-3860               _______________________________________________

                                                   SENATE BILL NO. 6503

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Senators McCaslin, Amondson, Nelson, Patrick, Lee and Bailey

Read first time 1/17/90 and referred to Committee on  Law & Justice.

AN ACT Relating to traffic infractions; and amending RCW 46.63.110.

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

        Sec. 1.  Section 330, chapter 258, Laws of 1984 as amended by section 2, chapter 213, Laws of 1986 and RCW 46.63.110 are each amended to read as follows:

          (1) A person found to have committed a traffic infraction shall be assessed a monetary penalty.  No penalty may exceed two hundred and fifty dollars for each offense unless authorized by this chapter or title.

          (2) The supreme court shall prescribe by rule a schedule of monetary penalties for designated traffic infractions.  This rule shall provide that if payment is postmarked or received by the local legislative authority within forty-eight hours of issuance of the infraction, excluding weekends and holidays, the amount of the penalty shall be reduced by two-thirds.  This rule shall also specify the conditions under which local courts may exercise discretion in assessing fines and penalties for traffic infractions. The legislature respectfully requests the supreme court to adjust this schedule every two years for inflation.

          (3) There shall be a penalty of twenty-five dollars for failure to respond to a notice of traffic infraction except where the infraction relates to parking as defined by local law, ordinance, regulation, or resolution or failure to pay a monetary penalty imposed pursuant to this chapter.  A local legislative body may set a monetary penalty not to exceed twenty-five dollars for failure to respond to a notice of traffic infraction relating to parking as defined by local law, ordinance, regulation, or resolution.  The local court, whether a municipal, police, or district court, shall impose the monetary penalty set by the local legislative body.

          (4) Monetary penalties provided for in chapter 46.70 RCW which are civil in nature and penalties which may be assessed for violations of chapter 46.44 RCW relating to size, weight, and load of motor vehicles are not subject to the limitation on the amount of monetary penalties which may be imposed pursuant to this chapter.

          (5) Whenever a monetary penalty is imposed by a court under this chapter it is immediately payable.  If the person is unable to pay at that time the court may, in its discretion, grant an extension of the period in which the penalty may be paid.  If the penalty is not paid on or before the time established for payment the court shall notify the department of the failure to pay the penalty, and the department may not renew the person's driver's license until the penalty has been paid and the penalty provided in subsection (3) of this section has been paid.