S-4570

AN ACT Relating to traffic safety improvement; amending RCW 46.61.440, 46.63.110, and 46.68.041; reenacting and amending RCW 43.59.150; adding a new section to chapter 43.59 RCW; adding a new section to chapter 46.64 RCW; creating a new section; repealing RCW 46.68.260; prescribing penalties; and providing an effective date.

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

NEW SECTION. Sec. 1. The legislature finds that the number of traffic crashes resulting in serious or fatal injuries on Washington roadways is unacceptably high. The vast majority of these crashes result from dangerous driving behavior, often occurring when traffic infractions and traffic crimes are committed. Given that over half of Washington cities receive less than one hundred twenty-five dollars per quarter from the impaired driver safety account, it is the intent of the legislature to consolidate accounts that target traffic safety in order to distribute funds on a project basis, thus enabling small cities and counties to receive sufficient funding for important traffic safety projects. It is the intent of the legislature to increase fines in order to deter the behavior leading to traffic infractions and crimes, thus reducing the injuries and deaths that result from traffic crashes. It is further intended that the increased portion of fines identified in this act will be used solely to fund programs to reduce traffic crashes and reduce the severity of injuries from those crashes and for other traffic safety purposes as outlined in this act.

NEW SECTION. Sec. 2. A new section is added to chapter 43.59 RCW to read as follows:

The traffic safety improvement account is created in the state treasury. The purpose of this account is to improve traffic safety by funding programs through the Washington traffic safety commission, particularly those directed by this chapter. The school zone safety account, the bicycle and pedestrian safety account, and the impaired driving safety account are abolished as separate accounts and are merged into the traffic safety improvement account. All receipts from additional penalties collected under RCW 46.63.110(7) or section 6 of this act, fifty percent of the penalties collected under RCW 46.61.527(3) or 46.61.440, and all receipts as directed by RCW 46.68.041(2) must be deposited into this account. Expenditures from the account may be used only by the Washington traffic safety commission to fund traffic safety improvement projects. Funded projects should include, but not be limited to support for community traffic safety task forces, state match required by the Washington traffic safety commission to qualify for federal highway safety grants, the drug recognition expert program, traffic safety public information and education efforts, support for local communities implementing traffic safety laws passed by the legislature, school zone safety programs, bicycle and pedestrian safety efforts, and other programs consistent with this chapter. Only the director of the traffic safety commission or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures until July 1, 2001, after which date moneys in the account may be spent only after appropriation. Any expenditures before July 1, 2001, are subject to review by the transportation committees of the legislature.

Sec. 3. RCW 43.59.150 and 1999 c 372 s 9 and 1999 c 351 s 1 are each reenacted and amended to read as follows:

((~~(1)~~)) The Washington state traffic safety commission shall establish a program for improving bicycle and pedestrian safety, and shall cooperate with the stakeholders and independent representatives to form an advisory committee to develop programs and create public private partnerships which promote bicycle and pedestrian safety. The traffic safety commission shall periodically report and make recommendations to the ((~~legislative~~)) transportation committees of the legislature on the progress of the bicycle and pedestrian safety committee.

((~~(2) The bicycle and pedestrian safety account is created in the state treasury to support bicycle and pedestrian education or safety programs.~~))

Sec. 4. RCW 46.61.440 and 1997 c 80 s 2 are each amended to read as follows:

(1) Subject to RCW 46.61.400(1), and except in those instances where a lower maximum lawful speed is provided by this chapter or otherwise, it shall be unlawful for the operator of any vehicle to operate the same at a speed in excess of twenty miles per hour when operating any vehicle upon a highway either inside or outside an incorporated city or town when passing any marked school or playground crosswalk when such marked crosswalk is fully posted with standard school speed limit signs or standard playground speed limit signs. The speed zone at the crosswalk shall extend three hundred feet in either direction from the marked crosswalk.

(2) A person found to have committed any infraction relating to speed restrictions within a school or playground speed zone shall be assessed a monetary penalty equal to twice the penalty assessed under RCW 46.63.110. This penalty may not be waived, reduced, or suspended.

(((3) The school zone safety account is created in the custody of the state treasurer. Fifty percent of the moneys collected under subsection (2) of this section shall be deposited into the account. Expenditures from the account may be used only by the Washington traffic safety commission solely to fund projects in local communities to improve school zone safety, pupil transportation safety, and student safety in school bus loading and unloading areas. Only the director of the traffic safety commission or the director's designee may authorize expenditures from the account. The account is subject to allotment procedures under chapter 43.88 RCW, but no appropriation is required for expenditures until July 1, 1999, after which date moneys in the account may be spent only after appropriation.))

Sec. 5. RCW 46.63.110 and 1997 c 331 s 3 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 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 shall suspend the person's driver's license or driving privilege until the penalty has been paid and the penalty provided in subsection (3) of this section has been paid.

(6) In addition to any other penalties imposed under this section and not subject to the limitation of subsection (1) of this section, a person found to have committed a traffic infraction shall be assessed a fee of five dollars per infraction. Under no circumstances shall this fee be reduced or waived. Revenue from this fee shall be forwarded to the state treasurer for deposit in the emergency medical services and trauma care system trust account under RCW 70.168.040.

(7) In addition to any other penalties imposed under this section and not subject to the limitation of subsection (1) of this section, a person found to have committed a traffic infraction other than of RCW 46.61.440 or 46.61.527 will be assessed an additional penalty of ten dollars. The court may not reduce, waive, or suspend the additional penalty unless the court finds the offender to be indigent. Revenue from the additional penalty must be forwarded to the state treasurer for deposit in the traffic safety improvement account under section 2 of this act.

NEW SECTION. Sec. 6. A new section is added to chapter 46.64 RCW to read as follows:

In addition to any other penalties imposed for conviction of a violation of this title that is a misdemeanor, gross misdemeanor, or felony, the court must impose an additional penalty of fifty dollars. The court may not reduce, waive, or suspend the additional penalty unless the court finds the offender to be indigent. Revenue from the additional penalty must be forwarded to the state treasurer for deposit in the traffic safety improvement account under section 2 of this act.

Sec. 7. RCW 46.68.041 and 1998 c 212 s 3 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, the department shall forward all funds accruing under the provisions of chapter 46.20 RCW together with a proper identifying, detailed report to the state treasurer who shall deposit such moneys to the credit of the highway safety fund.

(2) Sixty-three percent of each fee collected by the department under RCW 46.20.311 (1)(b)(ii), (2)(b)(ii), and (3)(b) shall be deposited in the ((~~impaired driving~~)) traffic safety improvement account.

NEW SECTION. Sec. 8. RCW 46.68.260 (Impaired driving safety account) and 1998 c 212 s 2 are each repealed.

NEW SECTION. Sec. 9. This act takes effect July 1, 2000.