READ FIRST TIME 04/18/11.   

     AN ACT Relating to additive transportation funding; amending RCW 46.20.055, 46.20.117, 46.20.200, 46.20.308, 46.17.005, 46.17.100, 46.17.140, 46.17.200, 46.52.130, 46.29.050, and 46.20.293; reenacting and amending RCW 46.20.120; creating new sections; making appropriations and authorizing expenditures for capital improvements; and providing an effective date.

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

NEW SECTION.  Sec. 1   The legislature recognizes that for ensuing biennia, the Washington state patrol, ferry operations, as well as state and local roadway preservation and maintenance activities will soon experience significant funding shortfalls. The legislature further recognizes that existing law, enacted in 2002, requires the department of licensing to submit a fee study every two years to the transportation committees of the house of representatives and the senate, the purpose of which is to ensure cost recovery for transportation services. Based on the review of the department of licensing's fee study, the legislature will review and adjust fees accordingly each biennium to ensure that fees are adjusted and brought up-to-date. The legislature further recognizes that previous studies conducted by the joint transportation committee have recommended various fees adjustments. The legislature finds that many of the fee adjustments identified in these studies have not been made for several years. Therefore, it is the intent of the legislature to adjust certain fees for the sole purposes of addressing funding shortfalls in certain transportation programs, providing gap funding for local transportation entities along with roadway preservation for cities and counties, and bringing fees in-line with costs. Accordingly, the legislature intends to provide additional funding solely for: The Washington state patrol; the Washington state ferry operating and capital programs; the department of transportation highway maintenance and preservation programs; the department of transportation public transportation program; the transportation improvement board; the county road administration board; the freight mobility strategic investment board; the safe routes to schools program; and the state treasurer, for the purposes of debt service and ancillary costs related to bonds issued to fund the construction of a ferry boat vessel.

NEW SECTION.  Sec. 2   (1) Additive transportation funding is hereby adopted and, subject to the provisions set forth, the several amounts specified, or as much thereof as may be necessary to accomplish the purposes designated, are hereby appropriated from the several accounts and funds named to the designated state agencies and offices for employee compensation and other expenses, for capital projects, and for other specified purposes for the period ending June 30, 2013.
     (2) Unless the context clearly requires otherwise, the definitions in this subsection apply throughout the act:
     (a) "Lapse" means the amount shall return to unappropriated status.
     (b) "LEAP" means the legislative evaluation and accountability program committee.
     (c) "Provided solely" means the specified amount may be spent only for the specified purpose. Unless otherwise specifically authorized in this act, any portion of an amount provided solely for a specified purpose that is not expended subject to the specified conditions and limitations to fulfill the specified purpose shall lapse.

NEW SECTION.  Sec. 3   FOR THE WASHINGTON STATE PATROL
State Patrol Highway Account--State Appropriation . . . . . . . . . . . . $4,500,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . $9,500,000
     TOTAL APPROPRIATION . . . . . . . . . . . . $14,000,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $3,600,000 of the state patrol highway account--state appropriation is provided solely for the auto theft investigation units in King county, Spokane, and Tacoma.
     (2) $9,500,000 of the highway safety account--state appropriation and $500,000 of the state patrol highway account--state appropriation are provided solely for equipment acquisition, installation, integration, and financing needs associated with the conversion of the existing communication system to narrowbanding as required by the federal communications commission.
     (3) Except as otherwise provided in this section, the total appropriation in this section must be used by the Washington state patrol for the ongoing operations of the agency.

NEW SECTION.  Sec. 4   FOR THE DEPARTMENT OF TRANSPORTATION--HIGHWAY MAINTENANCE--PROGRAM M
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . $2,500,000
Highway Safety Account--State Appropriation . . . . . . . . . . . . $2,500,000

     TOTAL APPROPRIATION . . . . . . . . . . . . $5,000,000

     The appropriations in this section are subject to the following conditions and limitations: $2,500,000 of the motor vehicle account--state appropriation and $2,500,000 of the highway safety account--state appropriation are provided solely to further reduce the highway maintenance backlog in order to maintain or increase levels of service.

NEW SECTION.  Sec. 5   FOR THE DEPARTMENT OF TRANSPORTATION--PUBLIC TRANSPORTATION--PROGRAM V
Multimodal Transportation Account--State
     Appropriation . . . . . . . . . . . . $13,005,000

     The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section must be distributed statewide to transit entities as shown in LEAP Transportation Document 2011-TR1, as developed on May 24, 2011. The basis for the distribution to each entity is the entity's pro rata share of the total passenger trips statewide by all transit entities in calendar years 2008 and 2009, as compiled by the public transportation program, except that no entity may receive less than one hundred thousand dollars and no entity may receive more than twenty percent of the appropriation in this section. Funding must be used for operations.

NEW SECTION.  Sec. 6   FOR THE DEPARTMENT OF TRANSPORTATION--MARINE--PROGRAM X
Motor Vehicle Account--State Appropriation . . . . . . . . . . . . $10,000,000

     The appropriation in this section is subject to the following conditions and limitations:
     (1) $6,000,000 of the motor vehicle account--state appropriation is provided solely for the purchase of fuel for marine operations.
     (2) $4,000,000 of the motor vehicle account--state appropriation is provided solely to maintain the same level of service provided in the 2009-2011 fiscal biennium.

NEW SECTION.  Sec. 7   FOR THE TRANSPORTATION IMPROVEMENT BOARD
Highway Safety Account--State Appropriation . . . . . . . . . . . . $5,000,000

     The appropriation in this section is subject to the following conditions and limitations:
     (1) The appropriation in this section is provided solely to help cities meet urgent preservation and storm water needs.
     (2) $4,500,000 of the highway safety account--state appropriation is provided solely for the urban arterial program.
     (3) $500,000 of the highway safety account--state appropriation is provided solely for the small city pavement program.

NEW SECTION.  Sec. 8   FOR THE COUNTY ROAD ADMINISTRATION BOARD
Highway Safety Account--State Appropriation . . . . . . . . . . . . $5,000,000

     The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for the county arterial preservation program to help counties meet urgent preservation needs.

NEW SECTION.  Sec. 9   FOR THE DEPARTMENT OF TRANSPORTATION--PRESERVATION--PROGRAM P
Highway Safety Account--State Appropriation . . . . . . . . . . . . $5,000,000

     The appropriation in this section is subject to the following conditions and limitations: The appropriation in this section is provided solely for urgent preservation needs on the state highway system.

NEW SECTION.  Sec. 10   FOR THE DEPARTMENT OF TRANSPORTATION--WASHINGTON STATE FERRIES CONSTRUCTION--PROGRAM W
Transportation 2003 Account (Nickel Account)--State
     Appropriation . . . . . . . . . . . . $144,000,000

     The appropriation in this section is subject to the following conditions and limitations:
     (1) The transportation 2003 account (nickel account)--state appropriation is provided solely for the purposes of constructing a ferry boat vessel with a carrying capacity of at least one hundred forty-four cars.
     (2) The transportation 2003 account (nickel account)--state appropriation includes up to $144,000,000 in proceeds from the sale of bonds authorized in RCW 47.10.861.

NEW SECTION.  Sec. 11   FOR THE DEPARTMENT OF TRANSPORTATION--LOCAL PROGRAMS--PROGRAM Z--CAPITAL
Highway Safety Account--State Appropriation . . . . . . . . . . . . $2,500,000
Motor Vehicle Account -- State Appropriation . . . . . . . . . . . . $2,000,000
          TOTAL APPROPRIATION . . . . . . . . . . . . $4,500,000

     The appropriations in this section are subject to the following conditions and limitations:
     (1) $1,500,000 of the highway safety account--state appropriation is provided solely to the freight mobility strategic investment board for grants to meet urgent freight corridor improvement and preservation needs.
     (2) $1,000,000 of the highway safety account--state appropriation and $2,000,000 of the motor vehicle account--state appropriation are provided solely for safe routes to schools program projects, in rank order, and identified as contingency projects in the LEAP Transportation Document 2011-A, pedestrian and bicycle safety program projects and safe routes to school program projects, referenced in chapter 367, Laws of 2011 (the omnibus transportation appropriations act).

NEW SECTION.  Sec. 12   FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALES DISCOUNTS AND DEBT TO BE PAID BY MOTOR VEHICLE ACCOUNT AND TRANSPORTATION FUND REVENUE
Highway Bond Retirement Account--State Appropriation . . . . . . . . . . . . $10,350,000

NEW SECTION.  Sec. 13   FOR THE STATE TREASURER--BOND RETIREMENT AND INTEREST, AND ONGOING BOND REGISTRATION AND TRANSFER CHARGES: FOR BOND SALE EXPENSES AND FISCAL AGENT CHARGES
Transportation 2003 Account (Nickel Account)--State
     Appropriation . . . . . . . . . . . . $58,000

Sec. 14   RCW 46.20.055 and 2010 c 223 s 1 are each amended to read as follows:
     (1) Driver's instruction permit. The department may issue a driver's instruction permit with or without a photograph to an applicant who has successfully passed all parts of the examination other than the driving test, provided the information required by RCW 46.20.091, paid a fee ((of twenty dollars)) as required under subsection (5) of this section, and meets the following requirements:
     (a) Is at least fifteen and one-half years of age; or
     (b) Is at least fifteen years of age and:
     (i) Has submitted a proper application; and
     (ii) Is enrolled in a traffic safety education program offered, approved, and accredited by the superintendent of public instruction or offered by a driver training school licensed and inspected by the department of licensing under chapter 46.82 RCW, that includes practice driving.
     (2) Waiver of written examination for instruction permit. The department may waive the written examination, if, at the time of application, an applicant is enrolled in:
     (a) A traffic safety education course as defined by RCW 28A.220.020(2); or
     (b) A course of instruction offered by a licensed driver training school as defined by RCW 46.82.280.
     The department may require proof of registration in such a course as it deems necessary.
     (3) Effect of instruction permit. A person holding a driver's instruction permit may drive a motor vehicle, other than a motorcycle, upon the public highways if:
     (a) The person has immediate possession of the permit;
     (b) The person is not using a wireless communications device, unless the person is using the device to report illegal activity, summon medical or other emergency help, or prevent injury to a person or property; and
     (c) An approved instructor, or a licensed driver with at least five years of driving experience, occupies the seat beside the driver.
     (4) Term of instruction permit. A driver's instruction permit is valid for one year from the date of issue.
     (a) The department may issue one additional one-year permit.
     (b) The department may issue a third driver's permit if it finds after an investigation that the permittee is diligently seeking to improve driving proficiency.
     (c) A person applying to ((renew an)) receive a second or third instruction permit must submit the application to the department in person and pay a twenty-five dollar fee.
     (5) Examination fee. An applicant who takes the examination required under this section must pay a fee of twenty-five dollars for each examination taken, irrespective of passage or failure.

Sec. 15   RCW 46.20.117 and 2005 c 314 s 305 are each amended to read as follows:
     (1) Issuance. The department shall issue an identicard, containing a picture, if the applicant:
     (a) Does not hold a valid Washington driver's license;
     (b) Proves his or her identity as required by RCW 46.20.035; and
     (c) Pays the required fee. The fee is ((twenty)) twenty-five dollars unless an applicant is a recipient of continuing public assistance grants under Title 74 RCW, who is referred in writing by the secretary of social and health services. For those persons the fee must be the actual cost of production of the identicard.
     (2) Design and term. The identicard must:
     (a) Be distinctly designed so that it will not be confused with the official driver's license; and
     (b) Expire on the fifth anniversary of the applicant's birthdate after issuance.
     (3) Renewal. An application for identicard renewal may be submitted by means of:
     (a) Personal appearance before the department; or
     (b) Mail or electronic commerce, if permitted by rule of the department and if the applicant did not renew his or her identicard by mail or by electronic commerce when it last expired. However, the department may accept an application for renewal of an identicard submitted by means of mail or electronic commerce only if specific authority and funding is provided for this purpose by June 30, 2004, in the omnibus transportation appropriations act.
     An identicard may not be renewed by mail or by electronic commerce unless the renewal issued by the department includes a photograph of the identicard holder.
     (4) Cancellation. The department may cancel an identicard if the holder of the identicard used the card or allowed others to use the card in violation of RCW 46.20.0921.

Sec. 16   RCW 46.20.120 and 2005 c 314 s 306 and 2005 c 61 s 2 are each reenacted and amended to read as follows:
     An applicant for a new or renewed driver's license must successfully pass a driver licensing examination to qualify for a driver's license. The department shall give examinations at places and times reasonably available to the people of this state.
     (1) Waiver. The department may waive:
     (a) All or any part of the examination of any person applying for the renewal of a driver's license unless the department determines that the applicant is not qualified to hold a driver's license under this title; or
     (b) All or any part of the examination involving operating a motor vehicle if the applicant:
     (i) Surrenders a valid driver's license issued by the person's previous home state; or
     (ii) Provides for verification a valid driver's license issued by a foreign driver licensing jurisdiction with which the department has an informal agreement under RCW 46.20.125; and
     (iii) Is otherwise qualified to be licensed.
     (2) Fee. Each applicant for a new license must pay an examination fee of ((twenty)) thirty-five dollars.
     (a) The examination fee is in addition to the fee charged for issuance of the license.
     (b) "New license" means a license issued to a driver:
     (i) Who has not been previously licensed in this state; or
     (ii) Whose last previous Washington license has been expired for more than five years.
     (3) An application for driver's license renewal may be submitted by means of:
     (a) Personal appearance before the department; or
     (b) Mail or electronic commerce, if permitted by rule of the department and if the applicant did not renew his or her license by mail or by electronic commerce when it last expired. ((However, the department may accept an application for renewal of a driver's license submitted by means of mail or electronic commerce only if specific authority and funding is provided for this purpose by June 30, 2004, in the omnibus transportation appropriations act.))
     (4) A person whose license expired or will expire while he or she is living outside the state, may:
     (a) Apply to the department to extend the validity of his or her license for no more than twelve months. If the person establishes to the department's satisfaction that he or she is unable to return to Washington before the date his or her license expires, the department shall extend the person's license. The department may grant consecutive extensions, but in no event may the cumulative total of extensions exceed twelve months. An extension granted under this section does not change the expiration date of the license for purposes of RCW 46.20.181. The department shall charge a fee of five dollars for each license extension;
     (b) Apply to the department to renew his or her license by mail or, if permitted by rule of the department, by electronic commerce even if subsection (3)(b) of this section would not otherwise allow renewal by that means. If the person establishes to the department's satisfaction that he or she is unable to return to Washington within twelve months of the date that his or her license expires, the department shall renew the person's license by mail or, if permitted by rule of the department, by electronic commerce.
     (5) If a qualified person submits an application for renewal under subsection (3)(b) or (4)(b) of this section, he or she is not required to pass an examination nor provide an updated photograph. A license renewed by mail or by electronic commerce that does not include a photograph of the licensee must be labeled "not valid for identification purposes."

Sec. 17   RCW 46.20.200 and 2002 c 352 s 14 are each amended to read as follows:
     (1) If an instruction permit, identicard, or a driver's license is lost or destroyed, the person to whom it was issued may obtain a duplicate of it upon furnishing proof of such fact satisfactory to the department and payment of a fee of ((fifteen)) twenty dollars to the department.
     (2) A replacement permit, identicard, or driver's license may be obtained to change or correct material information upon payment of a fee of ten dollars and surrender of the permit, identicard, or driver's license being replaced.

Sec. 18   RCW 46.20.308 and 2008 c 282 s 2 are each amended to read as follows:
     (1) Any person who operates a motor vehicle within this state is deemed to have given consent, subject to the provisions of RCW 46.61.506, to a test or tests of his or her breath or blood for the purpose of determining the alcohol concentration or presence of any drug in his or her breath or blood if arrested for any offense where, at the time of the arrest, the arresting officer has reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug or was in violation of RCW 46.61.503. Neither consent nor this section precludes a police officer from obtaining a search warrant for a person's breath or blood.
     (2) The test or tests of breath shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving or in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or any drug or the person to have been driving or in actual physical control of a motor vehicle while having alcohol in a concentration in violation of RCW 46.61.503 in his or her system and being under the age of twenty-one. However, in those instances where the person is incapable due to physical injury, physical incapacity, or other physical limitation, of providing a breath sample or where the person is being treated in a hospital, clinic, doctor's office, emergency medical vehicle, ambulance, or other similar facility or where the officer has reasonable grounds to believe that the person is under the influence of a drug, a blood test shall be administered by a qualified person as provided in RCW 46.61.506(5). The officer shall inform the person of his or her right to refuse the breath or blood test, and of his or her right to have additional tests administered by any qualified person of his or her choosing as provided in RCW 46.61.506. The officer shall warn the driver, in substantially the following language, that:
     (a) If the driver refuses to take the test, the driver's license, permit, or privilege to drive will be revoked or denied for at least one year; and
     (b) If the driver refuses to take the test, the driver's refusal to take the test may be used in a criminal trial; and
     (c) If the driver submits to the test and the test is administered, the driver's license, permit, or privilege to drive will be suspended, revoked, or denied for at least ninety days if the driver is age twenty-one or over and the test indicates the alcohol concentration of the driver's breath or blood is 0.08 or more, or if the driver is under age twenty-one and the test indicates the alcohol concentration of the driver's breath or blood is 0.02 or more, or if the driver is under age twenty-one and the driver is in violation of RCW 46.61.502 or 46.61.504; and
     (d) If the driver's license, permit, or privilege to drive is suspended, revoked, or denied the driver may be eligible to immediately apply for an ignition interlock driver's license.
     (3) Except as provided in this section, the test administered shall be of the breath only. If an individual is unconscious or is under arrest for the crime of vehicular homicide as provided in RCW 46.61.520 or vehicular assault as provided in RCW 46.61.522, or if an individual is under arrest for the crime of driving while under the influence of intoxicating liquor or drugs as provided in RCW 46.61.502, which arrest results from an accident in which there has been serious bodily injury to another person, a breath or blood test may be administered without the consent of the individual so arrested.
     (4) Any person who is dead, unconscious, or who is otherwise in a condition rendering him or her incapable of refusal, shall be deemed not to have withdrawn the consent provided by subsection (1) of this section and the test or tests may be administered, subject to the provisions of RCW 46.61.506, and the person shall be deemed to have received the warnings required under subsection (2) of this section.
     (5) If, following his or her arrest and receipt of warnings under subsection (2) of this section, the person arrested refuses upon the request of a law enforcement officer to submit to a test or tests of his or her breath or blood, no test shall be given except as authorized under subsection (3) or (4) of this section.
     (6) If, after arrest and after the other applicable conditions and requirements of this section have been satisfied, a test or tests of the person's blood or breath is administered and the test results indicate that the alcohol concentration of the person's breath or blood is 0.08 or more if the person is age twenty-one or over, or 0.02 or more if the person is under the age of twenty-one, or the person refuses to submit to a test, the arresting officer or other law enforcement officer at whose direction any test has been given, or the department, where applicable, if the arrest results in a test of the person's blood, shall:
     (a) Serve notice in writing on the person on behalf of the department of its intention to suspend, revoke, or deny the person's license, permit, or privilege to drive as required by subsection (7) of this section;
     (b) Serve notice in writing on the person on behalf of the department of his or her right to a hearing, specifying the steps he or she must take to obtain a hearing as provided by subsection (8) of this section and that the person waives the right to a hearing if he or she receives an ignition interlock driver's license;
     (c) Mark the person's Washington state driver's license or permit to drive, if any, in a manner authorized by the department;
     (d) Serve notice in writing that the marked license or permit, if any, is a temporary license that is valid for sixty days from the date of arrest or from the date notice has been given in the event notice is given by the department following a blood test, or until the suspension, revocation, or denial of the person's license, permit, or privilege to drive is sustained at a hearing pursuant to subsection (8) of this section, whichever occurs first. No temporary license is valid to any greater degree than the license or permit that it replaces; and
     (e) Immediately notify the department of the arrest and transmit to the department within seventy-two hours, except as delayed as the result of a blood test, a sworn report or report under a declaration authorized by RCW 9A.72.085 that states:
     (i) That the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or drugs, or both, or was under the age of twenty-one years and had been driving or was in actual physical control of a motor vehicle while having an alcohol concentration in violation of RCW 46.61.503;
     (ii) That after receipt of the warnings required by subsection (2) of this section the person refused to submit to a test of his or her blood or breath, or a test was administered and the results indicated that the alcohol concentration of the person's breath or blood was 0.08 or more if the person is age twenty-one or over, or was 0.02 or more if the person is under the age of twenty-one; and
     (iii) Any other information that the director may require by rule.
     (7) The department of licensing, upon the receipt of a sworn report or report under a declaration authorized by RCW 9A.72.085 under subsection (6)(e) of this section, shall suspend, revoke, or deny the person's license, permit, or privilege to drive or any nonresident operating privilege, as provided in RCW 46.20.3101, such suspension, revocation, or denial to be effective beginning sixty days from the date of arrest or from the date notice has been given in the event notice is given by the department following a blood test, or when sustained at a hearing pursuant to subsection (8) of this section, whichever occurs first.
     (8) A person receiving notification under subsection (6)(b) of this section may, within twenty days after the notice has been given, request in writing a formal hearing before the department. The person shall pay a fee of ((two)) three hundred seventy-five dollars as part of the request. If the request is mailed, it must be postmarked within twenty days after receipt of the notification. Upon timely receipt of such a request for a formal hearing, including receipt of the required ((two)) three hundred seventy-five dollar fee, the department shall afford the person an opportunity for a hearing. The department may waive the required ((two)) three hundred seventy-five dollar fee if the person is an indigent as defined in RCW 10.101.010. Except as otherwise provided in this section, the hearing is subject to and shall be scheduled and conducted in accordance with RCW 46.20.329 and 46.20.332. The hearing shall be conducted in the county of the arrest, except that all or part of the hearing may, at the discretion of the department, be conducted by telephone or other electronic means. The hearing shall be held within sixty days following the arrest or following the date notice has been given in the event notice is given by the department following a blood test, unless otherwise agreed to by the department and the person, in which case the action by the department shall be stayed, and any valid temporary license marked under subsection (6)(c) of this section extended, if the person is otherwise eligible for licensing. For the purposes of this section, the scope of the hearing shall cover the issues of whether a law enforcement officer had reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or any drug or had been driving or was in actual physical control of a motor vehicle within this state while having alcohol in his or her system in a concentration of 0.02 or more if the person was under the age of twenty-one, whether the person was placed under arrest, and (a) whether the person refused to submit to the test or tests upon request of the officer after having been informed that such refusal would result in the revocation of the person's license, permit, or privilege to drive, or (b) if a test or tests were administered, whether the applicable requirements of this section were satisfied before the administration of the test or tests, whether the person submitted to the test or tests, or whether a test was administered without express consent as permitted under this section, and whether the test or tests indicated that the alcohol concentration of the person's breath or blood was 0.08 or more if the person was age twenty-one or over at the time of the arrest, or 0.02 or more if the person was under the age of twenty-one at the time of the arrest. The sworn report or report under a declaration authorized by RCW 9A.72.085 submitted by a law enforcement officer is prima facie evidence that the officer had reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle within this state while under the influence of intoxicating liquor or drugs, or both, or the person had been driving or was in actual physical control of a motor vehicle within this state while having alcohol in his or her system in a concentration of 0.02 or more and was under the age of twenty-one and that the officer complied with the requirements of this section.
     A hearing officer shall conduct the hearing, may issue subpoenas for the attendance of witnesses and the production of documents, and shall administer oaths to witnesses. The hearing officer shall not issue a subpoena for the attendance of a witness at the request of the person unless the request is accompanied by the fee required by RCW 5.56.010 for a witness in district court. The sworn report or report under a declaration authorized by RCW 9A.72.085 of the law enforcement officer and any other evidence accompanying the report shall be admissible without further evidentiary foundation and the certifications authorized by the criminal rules for courts of limited jurisdiction shall be admissible without further evidentiary foundation. The person may be represented by counsel, may question witnesses, may present evidence, and may testify. The department shall order that the suspension, revocation, or denial either be rescinded or sustained.
     (9) If the suspension, revocation, or denial is sustained after such a hearing, the person whose license, privilege, or permit is suspended, revoked, or denied has the right to file a petition in the superior court of the county of arrest to review the final order of revocation by the department in the same manner as an appeal from a decision of a court of limited jurisdiction. Notice of appeal must be filed within thirty days after the date the final order is served or the right to appeal is waived. Notwithstanding RCW 46.20.334, RALJ 1.1, or other statutes or rules referencing de novo review, the appeal shall be limited to a review of the record of the administrative hearing. The appellant must pay the costs associated with obtaining the record of the hearing before the hearing officer. The filing of the appeal does not stay the effective date of the suspension, revocation, or denial. A petition filed under this subsection must include the petitioner's grounds for requesting review. Upon granting petitioner's request for review, the court shall review the department's final order of suspension, revocation, or denial as expeditiously as possible. The review must be limited to a determination of whether the department has committed any errors of law. The superior court shall accept those factual determinations supported by substantial evidence in the record: (a) That were expressly made by the department; or (b) that may reasonably be inferred from the final order of the department. The superior court may reverse, affirm, or modify the decision of the department or remand the case back to the department for further proceedings. The decision of the superior court must be in writing and filed in the clerk's office with the other papers in the case. The court shall state the reasons for the decision. If judicial relief is sought for a stay or other temporary remedy from the department's action, the court shall not grant such relief unless the court finds that the appellant is likely to prevail in the appeal and that without a stay the appellant will suffer irreparable injury. If the court stays the suspension, revocation, or denial it may impose conditions on such stay.
     (10)(a) If a person whose driver's license, permit, or privilege to drive has been or will be suspended, revoked, or denied under subsection (7) of this section, other than as a result of a breath or blood test refusal, and who has not committed an offense for which he or she was granted a deferred prosecution under chapter 10.05 RCW, petitions a court for a deferred prosecution on criminal charges arising out of the arrest for which action has been or will be taken under subsection (7) of this section, or notifies the department of licensing of the intent to seek such a deferred prosecution, then the license suspension or revocation shall be stayed pending entry of the deferred prosecution. The stay shall not be longer than one hundred fifty days after the date charges are filed, or two years after the date of the arrest, whichever time period is shorter. If the court stays the suspension, revocation, or denial, it may impose conditions on such stay. If the person is otherwise eligible for licensing, the department shall issue a temporary license, or extend any valid temporary license marked under subsection (6) of this section, for the period of the stay. If a deferred prosecution treatment plan is not recommended in the report made under RCW 10.05.050, or if treatment is rejected by the court, or if the person declines to accept an offered treatment plan, or if the person violates any condition imposed by the court, then the court shall immediately direct the department to cancel the stay and any temporary marked license or extension of a temporary license issued under this subsection.
     (b) A suspension, revocation, or denial imposed under this section, other than as a result of a breath or blood test refusal, shall be stayed if the person is accepted for deferred prosecution as provided in chapter 10.05 RCW for the incident upon which the suspension, revocation, or denial is based. If the deferred prosecution is terminated, the stay shall be lifted and the suspension, revocation, or denial reinstated. If the deferred prosecution is completed, the stay shall be lifted and the suspension, revocation, or denial canceled.
     (c) The provisions of (b) of this subsection relating to a stay of a suspension, revocation, or denial and the cancellation of any suspension, revocation, or denial do not apply to the suspension, revocation, denial, or disqualification of a person's commercial driver's license or privilege to operate a commercial motor vehicle.
     (11) When it has been finally determined under the procedures of this section that a nonresident's privilege to operate a motor vehicle in this state has been suspended, revoked, or denied, the department shall give information in writing of the action taken to the motor vehicle administrator of the state of the person's residence and of any state in which he or she has a license.

Sec. 19   RCW 46.17.005 and 2010 c 161 s 501 are each amended to read as follows:
     (1) A person who applies for a vehicle registration or for any other right to operate a vehicle on the highways of this state shall pay a ((three)) seven dollar filing fee in addition to any other fees and taxes required by law.
     (2) A person who applies for a certificate of title shall pay a ((four)) eight dollar filing fee in addition to any other fees and taxes required by law.
     (3) The filing fees established in this section must be distributed under RCW 46.68.400.

Sec. 20   RCW 46.17.100 and 2010 c 161 s 508 are each amended to read as follows:
     Before accepting an application for a certificate of title as required in this title, the department, county auditor or other agent, or subagent appointed by the director shall require the applicant to pay a ((five)) fifteen dollar application fee in addition to any other fees and taxes required by law. The certificate of title application fee must be distributed under RCW 46.68.020.

Sec. 21   RCW 46.17.140 and 2010 c 161 s 512 are each amended to read as follows:
     The penalty for a late transfer under RCW 46.12.650(7) is ((twenty-five)) fifty dollars assessed on the sixteenth day after the date of delivery and two dollars for each additional day thereafter, but the total penalty must not exceed one hundred twenty-five dollars. The penalty must be distributed under RCW 46.68.020.

Sec. 22   RCW 46.17.200 and 2011 c 171 s 56 are each amended to read as follows:
     (1) In addition to all other fees and taxes required by law, the department, county auditor or other agent, or subagent appointed by the director shall charge:
     (a) The following license plate fees for each license plate, unless the owner or type of vehicle is exempt from payment:

Sec. 23   RCW 46.52.130 and 2010 c 253 s 1 are each amended to read as follows:
     Upon a proper request, the department may furnish an abstract of a person's driving record as permitted under this section.
     (1) Contents of abstract of driving record. An abstract of a person's driving record, whenever possible, must include:
     (a) An enumeration of motor vehicle accidents in which the person was driving, including:
     (i) The total number of vehicles involved;
     (ii) Whether the vehicles were legally parked or moving;
     (iii) Whether the vehicles were occupied at the time of the accident; and
     (iv) Whether the accident resulted in a fatality;
     (b) Any reported convictions, forfeitures of bail, or findings that an infraction was committed based upon a violation of any motor vehicle law;
     (c) The status of the person's driving privilege in this state; and
     (d) Any reports of failure to appear in response to a traffic citation or failure to respond to a notice of infraction served upon the named individual by an arresting officer.
     (2) Release of abstract of driving record. An abstract of a person's driving record may be furnished to the following persons or entities:
     (a) Named individuals. (i) An abstract of the full driving record maintained by the department may be furnished to the individual named in the abstract.
     (ii) Nothing in this section prevents a court from providing a copy of the driver's abstract to the individual named in the abstract, provided that the named individual has a pending or open infraction or criminal case in that court. A pending case includes criminal cases that have not reached a disposition by plea, stipulation, trial, or amended charge. An open infraction or criminal case includes cases on probation, payment agreement or subject to, or in collections. Courts may charge a reasonable fee for the production and copying of the abstract for the individual.
     (b) Employers or prospective employers. (i) An abstract of the full driving record maintained by the department may be furnished to an employer or prospective employer or an agent acting on behalf of an employer or prospective employer of the named individual for purposes related to driving by the individual as a condition of employment or otherwise at the direction of the employer.
     (ii) Release of an abstract of the driving record of an employee or prospective employee requires a statement signed by: (A) The employee or prospective employee that authorizes the release of the record; and (B) the employer attesting that the information is necessary for employment purposes related to driving by the individual as a condition of employment or otherwise at the direction of the employer. If the employer or prospective employer authorizes an agent to obtain this information on their behalf, this must be noted in the statement.
     (iii) Upon request of the person named in the abstract provided under this subsection, and upon that same person furnishing copies of court records ruling that the person was not at fault in a motor vehicle accident, the department must indicate on any abstract provided under this subsection that the person was not at fault in the motor vehicle accident.
     (c) Volunteer organizations. (i) An abstract of the full driving record maintained by the department may be furnished to a volunteer organization or an agent for a volunteer organization for which the named individual has submitted an application for a position that would require driving by the individual at the direction of the volunteer organization.
     (ii) Release of an abstract of the driving record of a prospective volunteer requires a statement signed by: (A) The prospective volunteer that authorizes the release of the record; and (B) the volunteer organization attesting that the information is necessary for purposes related to driving by the individual at the direction of the volunteer organization. If the volunteer organization authorizes an agent to obtain this information on their behalf, this must be noted in the statement.
     (d) Transit authorities. An abstract of the full driving record maintained by the department may be furnished to an employee or agent of a transit authority checking prospective volunteer vanpool drivers for insurance and risk management needs.
     (e) Insurance carriers. (i) An abstract of the driving record maintained by the department covering the period of not more than the last three years may be furnished to an insurance company or its agent:
     (A) That has motor vehicle or life insurance in effect covering the named individual;
     (B) To which the named individual has applied; or
     (C) That has insurance in effect covering the employer or a prospective employer of the named individual.
     (ii) The abstract provided to the insurance company must:
     (A) Not contain any information related to actions committed by law enforcement officers or firefighters, as both terms are defined in RCW 41.26.030, or by Washington state patrol officers, while driving official vehicles in the performance of their occupational duty. This does not apply to any situation where the vehicle was used in the commission of a misdemeanor or felony;
     (B) Include convictions under RCW 46.61.5249 and 46.61.525, except that the abstract must report the convictions only as negligent driving without reference to whether they are for first or second degree negligent driving; and
     (C) Exclude any deferred prosecution under RCW 10.05.060, except that if a person is removed from a deferred prosecution under RCW 10.05.090, the abstract must show the deferred prosecution as well as the removal.
     (iii) Any policy of insurance may not be canceled, nonrenewed, denied, or have the rate increased on the basis of information regarding an accident included in the abstract of a driving record, unless the policyholder was determined to be at fault.
     (iv) Any insurance company or its agent, for underwriting purposes relating to the operation of commercial motor vehicles, may not use any information contained in the abstract relative to any person's operation of motor vehicles while not engaged in such employment. Any insurance company or its agent, for underwriting purposes relating to the operation of noncommercial motor vehicles, may not use any information contained in the abstract relative to any person's operation of commercial motor vehicles.
     (v) The director may enter into a contractual agreement with an insurance company or its agent for the limited purpose of reviewing the driving records of existing policyholders for changes to the record during specified periods of time. The department shall establish a fee for this service, which must be deposited in the highway safety fund. The fee for this service must be set at a level that will not result in a net revenue loss to the state. Any information provided under this subsection must be treated in the same manner and is subject to the same restrictions as driving record abstracts.
     (f) Alcohol/drug assessment or treatment agencies. An abstract of the driving record maintained by the department covering the period of not more than the last five years may be furnished to an alcohol/drug assessment or treatment agency approved by the department of social and health services to which the named individual has applied or been assigned for evaluation or treatment, for purposes of assisting employees in making a determination as to what level of treatment, if any, is appropriate, except that the abstract must:
     (i) Also include records of alcohol-related offenses, as defined in RCW 46.01.260(2), covering a period of not more than the last ten years; and
     (ii) Indicate whether an alcohol-related offense was originally charged as a violation of either RCW 46.61.502 or 46.61.504.
     (g) City attorneys and county prosecuting attorneys. An abstract of the full driving record maintained by the department, including whether a recorded violation is an alcohol-related offense, as defined in RCW 46.01.260(2), that was originally charged as a violation of either RCW 46.61.502 or 46.61.504, may be furnished to city attorneys or county prosecuting attorneys. City attorneys and county prosecuting attorneys may provide the driving record to alcohol/drug assessment or treatment agencies approved by the department of social and health services to which the named individual has applied or been assigned for evaluation or treatment.
     (h) State colleges, universities, or agencies, or units of local government. An abstract of the full driving record maintained by the department may be furnished to (i) state colleges, universities, or agencies for employment and risk management purposes or (ii) units of local government authorized to self-insure under RCW 48.62.031 for employment and risk management purposes.
     (i) Superintendent of public instruction. An abstract of the full driving record maintained by the department may be furnished to the superintendent of public instruction for review of public school bus driver records. The superintendent or superintendent's designee may discuss information on the driving record with an authorized representative of the employing school district for employment and risk management purposes.
     (3) Release to third parties prohibited. Any person or entity receiving an abstract of a person's driving record under subsection (2)(b) through (i) of this section shall use the abstract exclusively for his, her, or its own purposes or as otherwise expressly permitted under this section, and shall not divulge any information contained in the abstract to a third party.
     (4) Fee. The director shall collect a ((ten-dollar)) twelve dollar fee for each abstract of a person's driving record furnished by the department. Fifty percent of the fee must be deposited in the highway safety fund, and fifty percent of the fee must be deposited according to RCW 46.68.038.
     (5) Violation. (a) Any negligent violation of this section is a gross misdemeanor.
     (b) Any intentional violation of this section is a class C felony.

Sec. 24   RCW 46.29.050 and 2010 c 8 s 9028 are each amended to read as follows:
     (1) The department shall upon request furnish any person or his or her attorney a certified abstract of his or her driving record, which abstract shall include enumeration of any motor vehicle accidents in which such person has been involved. Such abstract shall (a) indicate the total number of vehicles involved, whether the vehicles were legally parked or moving, and whether the vehicles were occupied at the time of the accident; and (b) contain reference to any convictions of the person for violation of the motor vehicle laws as reported to the department, reference to any findings that the person has committed a traffic infraction which have been reported to the department, and a record of any vehicles registered in the name of the person. ((The department shall collect for each abstract the sum of ten dollars, fifty percent of which shall be deposited in the highway safety fund and fifty percent of which must be deposited according to RCW 46.68.038.))
     (2) The department shall upon request furnish any person who may have been injured in person or property by any motor vehicle, with an abstract of all information of record in the department pertaining to the evidence of the ability of any driver or owner of any motor vehicle to respond in damages. ((The department shall collect for each abstract the sum of ten dollars, fifty percent of which shall be deposited in the highway safety fund and fifty percent of which must be deposited according to RCW 46.68.038.))
     (3) For each abstract furnished under this section, the department must collect and administer a fee as required in RCW 46.52.130.

Sec. 25   RCW 46.20.293 and 2007 c 424 s 1 are each amended to read as follows:
     The department is authorized to provide juvenile courts with the department's record of traffic charges compiled under RCW 46.52.101 and 13.50.200, against any minor upon the request of any state juvenile court or duly authorized officer of any juvenile court of this state. Further, the department is authorized to provide any juvenile court with any requested service which the department can reasonably perform which is not inconsistent with its legal authority which substantially aids juvenile courts in handling traffic cases and which promotes highway safety.
     The department is authorized to furnish to the parent, parents, or guardian of any person under eighteen years of age who is not emancipated from such parent, parents, or guardian, the department records of traffic charges compiled against the person and shall collect for the copy a fee of ((ten)) twelve dollars, fifty percent of which must be deposited in the highway safety fund and fifty percent of which must be deposited according to RCW 46.68.038.

NEW SECTION.  Sec. 26   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 27   Sections 14 through 25 of this act apply to vehicle registrations that are due or become due on or after January 1, 2012.

NEW SECTION.  Sec. 28   This act takes effect January 1, 2012.