HOUSE BILL REPORT

                  HB 1128

             As Reported By House Committee On:

                           Revenue

Title:  An act relating to fees to fund blood and breath alcohol content testing.

Brief Description:  Funding blood and breath alcohol testing programs.

Sponsors:  Representatives G. Fisher, Holm, Silver, Vance, Edmondson, Heavey, Foreman, Ballard, Brough, Long, Miller and Brumsickle; by request of Washington State Patrol.

Brief History:

  Reported by House Committee on:

Revenue, March 5, 1993, DPS.

HOUSE COMMITTEE ON REVENUE

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  Signed by 15 members:  Representatives G. Fisher, Chair; Holm, Vice Chair; Foreman, Ranking Minority Member; Fuhrman, Assistant Ranking Minority Member; Anderson; Brown; Cothern; Leonard; Morris; Romero; Rust; Silver; Talcott; Thibaudeau; and Van Luven.

Staff:  Rick Peterson (786-7150).

Background:  Persons convicted of driving a motor vehicle while intoxicated are subject to imprisonment of between 24 hours and one year and fines from $250 to $1,000.  Repeat offenders are subject to larger fines and longer imprisonment.  Fines may be suspended for indigent persons. 

The state toxicology laboratory preforms blood tests if a traffic accident involves a fatality.

State Department of Health and local registrars charge fees for certified birth, death, and other records.  From each of these fees, $3 is deposited in the death investigations account.  The State Toxicology Laboratory receives funding from the death investigations account.

Summary of Substitute Bill:  Starting July 1, 1993, and ending June 30, 1995, an additional $125 fine is assessed against each person convicted of driving while intoxicated.  The fine may be reduced if the person does not have the ability to pay.  The court retains $5 to defray costs.  Twenty-five dollars is deposited into the highway safety account to be used by the Department of Licensing for administration.  If the case involves a blood test then the remaining $95 is deposited in the death investigations account to be used for funding the State Toxicology Laboratory.  Otherwise, the remaining $95 is deposited in the state patrol highway account for funding the Washington State Patrol Breath Test Program.  The Washington State Patrol and the Traffic Safety Commission will study methods for increasing the conviction rate for persons driving while intoxicated.

Substitute Bill Compared to Original Bill:  The substitute sunsets the additional fine on June 30, 1995.  The original bill did not sunset the additional fine.  The study was added by the substitute bill.

Fiscal Note:  Available.  New fiscal note requested March 7, 1993.

Effective Date of Substitute Bill:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  This bill would help to pay for the Washington State Patrol's expensive breath testing equipment, as well as provide additional funding for the highway safety account and the State Toxicology Lab.

Testimony Against:  None.

Witnesses:  Tim Erickson, Washington State Patrol (in favor).