Form revised: December 6, 2011

FISCAL NOTE FOR NON-CAPITAL PROJECTS

Department:	Contact Person/Phone:	CBO Analyst/Phone:
Law – Criminal Division	Richard Greene 684-8538

Legislation Title:  AN ORDINANCE relating to the City’s traffic code; amending various sections and subsections in Chapters 11.14, 11.22, 11.31, 11.32, 11.54, 11.56, 11.58, 11.59 and 11.84 of the Seattle Municipal Code to conform with changes in state law.

Summary of the Legislation:  Amends the City’s traffic code to conform with changes in the corresponding state traffic statutes made by the 2012 Legislature, specifically clarifying the definitions of “drug” and “farm vehicle,” prohibiting the display of a license plate not issued for the vehicle, prohibiting the display of an altered or illegible license plate, prohibiting the operation of a vehicle without a license plate, prohibiting the transfer of a license plate, prohibiting the failure to endorse the registration certificate and deliver the license plate to a purchaser of the vehicle, reducing the period between notification of a contested traffic infraction hearing and the hearing itself, prohibiting a deferred finding on a traffic infraction of Negligent Driving 2^nd degree involving a vulnerable user victim, limiting the monetary penalty for a traffic infraction detected through the use of an automated traffic safety camera to that of disobeying a traffic control device, eliminating the signature requirement for a person issued a notice of traffic infraction, changing the classification of improper backing on a limited access road from a crime to an infraction, authorizing conversion of the mandatory minimum period of electronic home monitoring in a Driving Under the Influence/Physical Control case to jail, increasing from 60 days to six months the required period of ignition interlock for a defendant convicted of Driving Under the Influence/Physical Control involving a passenger under 16 years of age, imposing an additional monetary penalty on a defendant convicted of Driving Under the Influence/Physical Control involving a passenger under 16 years of age, transfers from the sentencing court to the Washington Department of Licensing the responsibility of enforcing the ignition interlock requirements for a a defendant convicted of Driving Under the Influence/Physical Control, creates the crime of operating a motor vehicle while exhibiting the effects of having inhaled or ingested a chemical, authorizes the use of tires with alternate traction devices where the use of tires with metal studs is authorized.

Background:  Many provisions of Seattle’s traffic code must be and are identical to provisions of the state traffic statutes.  When the Legislature amends those statutes, our traffic code likewise must be amended to ensure uniformity.  This ordinance changes provisions of our traffic code to conform with changes made to the corresponding state traffic statutes by the 2011 Legislature.

            This ordinance creates the traffic infractions of displaying on a vehicle a license plate not issued to that vehicle, displaying an altered or illegible license plate, operating a vehicle without a license plate, transferring a license plate to another vehicle and failing to endorse the registration certificate and delivering the license plate to the purchaser of the vehicle.  It reduces the minimum time period between a court notifying a person of a requested contested traffic infraction hearing and the actual hearing from 15 to seven days.  It precludes a deferred finding for the traffic infraction of Negligent Driving 2^nd degree involving a vulnerable road user victim.  It limits the monetary penalty for a traffic infraction detected through the use of an automated traffic safety camera to the monetary penalty for the traffic infraction of disobeying a traffic control device, currently $124.  It eliminates the requirement for a signature on a notice of traffic infraction.  It changes the classification of improper backing on a limited access road from a crime to an infraction.  It authorizes conversion of the mandatory minimum period of electronic home monitoring for a defendant convicted of Driving Under the Influence/Physical Control to jailIt increases from 60 days to six months the period of required ignition interlock for a defendant convicted of Driving Under the Influence/Physical Control involving a passenger under 16 years of age and imposes an additional monetary penalty in such cases, but authorizes the court to waive, reduce or suspend this monetary penalty.  It transfers from the sentencing court to the Washington Department of Licensing the responsibility for enforcing the ignition interlock requirements for a defendant convicted of Driving Under the Influence/Physical Control.  It creates a new form of the misdemeanor crime of Negligent Driving 1^st degree by operating a motor vehicle negligently, in a manner that endangers any person or property and while exhibiting the effects of having inhaled or ingested a chemical.  It authorizes the use of tires with alternate traction devices where the use of tires with metal studs is authorized.  

__X__ This legislation does not have any financial implications.

Other Implications:

a) Does the legislation have indirect financial implications, or long-term implications?  No.

b) What is the financial cost of not implementing the legislation?  None

c) Does this legislation affect any departments besides the originating department?  No.

d) What are the possible alternatives to the legislation that could achieve the same or similar objectives?  None seem apparent.

e) Is a public hearing required for this legislation?  No.

f) Is publication of notice with The Daily Journal of Commerce and/or The Seattle Times required for this legislation?  No.

g) Does this legislation affect a piece of property?  No.

h) Other Issues:

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