BP BHEAD INT H

AN ACT Relating to minor speeding infractions; amending RCW 3.62.020, 3.62.040, and 3.62.090; adding a new section to chapter 46.04 RCW; adding a new section to chapter 46.30 RCW; adding a new section to chapter 46.63 RCW; and prescribing penalties.

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

NEW SECTION. Sec. 1. A new section is added to chapter 46.04 RCW to read as follows:

"Minor speeding infraction" means a violation of the maximum speed limit of ten miles per hour or less, except in a marked school zone or construction zone.

NEW SECTION. Sec. 2. A new section is added to chapter 46.30 RCW to read as follows:

The insurance verification account is created in the state treasury. All receipts directed to it by RCW 3.62.020(5) shall be deposited into the account. Moneys in the account may be spent only after appropriation. Expenditures from the account may be used only for establishment and operation of an on-line system for verification of vehicle liability insurance required by this chapter.

NEW SECTION. Sec. 3. A new section is added to chapter 46.63 RCW to read as follows:

(1) A county, city, town, or the state may elect to use the special procedures authorized by this section for assessing monetary penalties for minor speeding infractions. The decision to use these procedures shall be made by the legislative authority of a county, city, or town, or by the governor in the case of the state.

(2) In a jurisdiction electing to use this section, a person who has received a notice of a traffic infraction involving only a minor speeding infraction, may choose not to contest the determination that the infraction has been committed and may pay a total monetary penalty of fifty dollars, including any other fees, costs, or assessments, directly to the jurisdiction that issued the notice. In this case, the jurisdiction shall not report the minor speeding infraction to the department, and the determination that an infraction has been committed shall not become any part of the person's driving record and is not reportable to this state, any other state, any other county, city, or town, or to an insurance company or insurance reporting or underwriting company.

(3) If a person chooses to contest the determination that a traffic infraction has been committed, all other provisions of this title apply.

Sec. 4. RCW 3.62.020 and 1988 c 169 s 3 are each amended to read as follows:

(1) Except as provided in subsection (4) or (5) of this section, all costs, fees, fines, forfeitures, and penalties assessed and collected in whole or in part by district courts, except costs, fines, forfeitures, and penalties assessed and collected, in whole or in part, because of the violation of city ordinances, shall be remitted by the clerk of the district court to the county treasurer at least monthly, together with a financial statement as required by the division of municipal corporations, noting the information necessary for crediting of such funds as required by law.

(2) The county treasurer shall remit thirty-two percent of the money received under subsection (1) of this section except certain costs to the state treasurer. "Certain costs" as used in this subsection, means those costs awarded to prevailing parties in civil actions under RCW 4.84.010 or 36.18.040, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes if such costs are specifically designated as costs by the court and are awarded for the specific reimbursement of costs incurred by the state or county in the prosecution of the case, including the fees of defense counsel. Money remitted under this subsection to the state treasurer shall be deposited as provided in RCW 43.08.250.

(3) The balance of the money received by the county treasurer under subsection (1) of this section shall be deposited in the county current expense fund.

(4) All money collected for county parking infractions shall be remitted by the clerk of the district court at least monthly, with the information required under subsection (1) of this section, to the county treasurer for deposit in the county current expense fund.

(5) Money collected for minor speeding infractions under citations issued by county law enforcement officers of a county electing to proceed under section 3 of this act shall be remitted and deposited in the same manner as provided under subsection (4) of this section. If the governor so elects under section 3 of this act, twenty-five percent of the money collected for minor speeding infractions under citations issued by the Washington state patrol shall be remitted to the state treasurer for deposit in the insurance verification account established under section 2 of this act until the director certifies in writing to the treasurer that an on-line system for verification of motor vehicle insurance is fully operational within this state. The balance of money collected from minor speeding infraction citations issued by the state patrol shall be remitted by the clerk of the district court as otherwise provided in this section.

Sec. 5. RCW 3.62.040 and 1988 c 169 s 4 are each amended to read as follows:

(1) Except as provided in subsection (4) of this section, all costs, fines, forfeitures, and penalties assessed and collected, in whole or in part, by district courts because of violations of city ordinances shall be remitted by the clerk of the district court at least monthly directly to the treasurer of the city wherein the violation occurred.

(2) The city treasurer shall remit monthly thirty-two percent of the money received under this section, other than for parking infractions and certain costs, to the state treasurer. "Certain costs" as used in this subsection, means those costs awarded to prevailing parties in civil actions under RCW 4.84.010 or 36.18.040, or those costs awarded against convicted defendants in criminal actions under RCW 10.01.160, 10.46.190, or 36.18.040, or other similar statutes if such costs are specifically designated as costs by the court and are awarded for the specific reimbursement of costs incurred by the state, county, city, or town in the prosecution of the case, including the fees of defense counsel. Money remitted under this subsection to the state treasurer shall be deposited as provided in RCW 43.08.250.

(3) The balance of the money received under this section shall be retained by the city and deposited as provided by law.

(4) All money collected for city parking infractions, or for minor speeding infractions in a city or town electing to proceed under section 3 of this act, shall be remitted by the clerk of the district court at least monthly to the city treasurer for deposit in the city's general fund.

Sec. 6. RCW 3.62.090 and 1986 c 98 s 4 are each amended to read as follows:

(1) There shall be assessed and collected in addition to any fines, forfeitures, or penalties assessed, other than for parking infractions, or for minor speeding infractions in a jurisdiction electing to proceed under section 3 of this act, by all courts organized under Title 3 or 35 RCW a public safety and education assessment equal to sixty percent of such fines, forfeitures, or penalties, which shall be remitted as provided in chapters 3.46, 3.50, 3.62, and 35.20 RCW. The assessment required by this section shall not be suspended or waived by the court.

(2) There shall be assessed and collected in addition to any fines, forfeitures, or penalties assessed, other than for parking infractions, or for minor speeding infractions in a jurisdiction electing to proceed under section 3 of this act, and for fines levied under RCW 46.61.515, and in addition to the public safety and education assessment required under subsection (1) of this section, by all courts organized under Title 3 or 35 RCW, an additional public safety and education assessment equal to fifty percent of the public safety and education assessment required under subsection (1) of this section, which shall be remitted to the state treasurer and deposited as provided in RCW 43.08.250. The additional assessment required by this subsection shall not be suspended or waived by the court.