SENATE BILL REPORT
SB 5338
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
As Reported By Senate Committee On:
Transportation, February 20, 2007
Title: An act relating to traffic infractions involving rental vehicles.
Brief Description: Addressing traffic infractions involving rental vehicles.
Sponsors: Senators Kilmer and McCaslin.
Brief History:
Committee Activity: Transportation: 2/19/07, 2/20/07 [DPS].
SENATE COMMITTEE ON TRANSPORTATION
Majority Report: That Substitute Senate Bill No. 5338 be substituted therefor, and the substitute bill do pass.Signed by Senators Haugen, Chair; Marr, Vice Chair; Murray, Vice Chair; Swecker, Ranking Minority Member; Berkey, Clements, Delvin, Eide, Holmquist, Kauffman, Kilmer, Sheldon and Spanel.
Staff: Kelly Simpson (786-7403)
Background: In the event a traffic infraction is based on a vehicle's identification, and the
vehicle's registered owner is a rental car business, the business has 30 days before receiving a
notice of infraction to submit to the issuing law enforcement agency either: (1) a sworn statement
stating the name and address of the driver or renter of the vehicle when the infraction occurred;
or (2) a sworn statement that the business is unable to determine who was driving or renting the
vehicle when the infraction occurred. Timely mailing of the statement relieves the business of
any liability for the infraction. Alternatively, the rental car business may pay the applicable
penalty in lieu of identifying the vehicle operator.
The process for relieving a rental car business of liability for certain traffic violations that occur
while the vehicle was being rented does not apply to private parking facilities issuing parking
infractions.
Summary of Bill: The bill as referred to committee not considered.
SUMMARY OF RECOMMENDED SUBSTITUTE AS PASSED COMMITTEE
(Transportation): A process is established for relieving a rental car business of liability for
certain parking infractions at private parking facilities that occur while the vehicle was being
rented. The process is identical to the one available for infractions issued by law enforcement
agencies.
Language is clarified requiring that when a rental car business claims that the business is unable
to determine who was driving or renting the vehicle when the infraction occurred, the business
must submit a filed police report indicating the vehicle was stolen.
Appropriation: None.
Fiscal Note: Not requested.
Committee/Commission/Task Force Created: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony: PRO: This bill helps to conform with legislation enacted last year regarding public law enforcement agencies issuing traffic infractions to rental car businesses. It will allow rental car businesses the same opportunity to be relieved of liability for parking infractions issued by private parking facilities available under current law when the infractions are issued by public law enforcement agencies.
Persons Testifying: PRO: Senator Kilmer, prime sponsor; Gordon Walgren, Car and Truck Renting and Leasing Association.