Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGO 1970 NO. 12 > Jun 9 1970

(1) Those traffic safety education penalty assessment proceeds which are collected by a justice court because of a violation of state law are to be remitted to the county treasurer for disposition in accordance with the formula prescribed by the state auditor under § 1, chapter 199, Laws of 1969, Ex. Sess. (RCW 3.62.015). (2) All other traffic safety education penalty assessment proceeds i.e., those collected because of a violation of a county or city ordinance, by either a justice court or by a municipal police court, are to be transmitted to the respective county or city treasurers, and by them to the state treasurer for direct placement in the traffic safety education account of the general fund in accordance with RCW 46.81.050, as reenacted by § 3, chapter 9, Laws of 1970.

AGO 1964 NO. 94 > Mar 31 1964

The penalty assessment imposed by § 4, chapter 39, Laws of 1963 (RCW 46.81.030) upon persons convicted of certain offenses involving the use of motor vehicles or the licensing of vehicle operators is in the nature of a fine, not a tax; therefore, such persons may be confined for nonpayment of the fine.

AGO 1964 NO. 95 > Mar 31 1964

(1) Chapter 39, Laws of 1963 (chapter 46 RCW) [[chapter 46.81 RCW and others]], requires a court to collect a penalty assessment deposit of two dollars for each twenty dollars of bail or fraction thereof which is deposited. (2) Same :  The deposit of the penalty assessment should be designated in the bail receipt to advise the depositor of the reason for its collection. (3) Same :  In case of a nonforfeitable offense, the penalty assessment must be collected at the time bail is posted but it is refundable if the accused appears and is acquitted or the case is otherwise dismissed.

AGO 1964 NO. 102 > May 13 1964

(1) Under § 5, chapter 39, Laws of 1963 (RCW 46.81.040), when any deposit of bail is made for an offense covered by the driver education act, the person making the deposit is required to deposit a sufficient amount to include the penalty assessment but he cannot be confined pending trial for failure to deposit the penalty assessment if he has deposited the required bail set by the court.            (2) If the penalty assessment is collected as a result of a bail forfeiture and funds are remitted to the state treasurer and thereafter the forfeiture is set aside and the matter is set for trial, the court may provide for the recovery of the penalty assessment previously deposited if no fine is imposed as a result of trial by following the procedure prescribed by RCW 43.88.170. (3) If less than the total of (a) fines and cost and (b) penalty assessment is tendered, the funds first should be allocated to the payment of the penalty assessment.