HOUSE BILL REPORT

SHB 1100

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 Passed Legislature

Title: An act relating to concealed pistol license renewal notices.

Brief Description: Concerning concealed pistol license renewal notices.

Sponsors: House Committee on Appropriations (originally sponsored by Representatives Taylor, Blake, Shea, Harmsworth, Condotta, Short, Volz, Van Werven, Irwin, Hargrove and Buys).

Brief History:

Committee Activity:

Judiciary: 1/17/17, 1/26/17 [DP];

Appropriations: 2/9/17, 2/15/17 [DPS].

Floor Activity:

Passed House: 2/27/17, 96-0.

Passed Senate: 4/6/17, 32-17.

Passed Legislature.

Brief Summary of Substitute Bill

  • Requires the Department of Licensing to mail a concealed pistol license (CPL) renewal notification to the license holder approximately 90 days prior to the expiration of the license.

  • Creates a CPL Renewal Notification Account (Account) and provides that 84 cents of both the CPL original license fee and renewal license fee must be deposited in the Account rather than in the Firearms Range Account.

HOUSE COMMITTEE ON JUDICIARY

Majority Report: Do pass. Signed by 13 members: Representatives Jinkins, Chair; Kilduff, Vice Chair; Rodne, Ranking Minority Member; Muri, Assistant Ranking Minority Member; Frame, Goodman, Graves, Haler, Hansen, Kirby, Klippert, Orwall and Shea.

Staff: Edie Adams (786-7180).

HOUSE COMMITTEE ON APPROPRIATIONS

Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 32 members: Representatives Ormsby, Chair; Robinson, Vice Chair; MacEwen, Assistant Ranking Minority Member; Stokesbary, Assistant Ranking Minority Member; Bergquist, Buys, Caldier, Cody, Condotta, Fitzgibbon, Haler, Hansen, Harris, Hudgins, Jinkins, Kagi, Lytton, Manweller, Nealey, Pettigrew, Pollet, Sawyer, Schmick, Senn, Springer, Stanford, Sullivan, Taylor, Tharinger, Vick, Volz and Wilcox.

Staff: Jordan Clarke (786-7123).

Background:

It is generally unlawful for a person to carry a pistol concealed on his or her person, except in the person's abode or fixed place of business, unless the person has a valid concealed pistol license (CPL). Carrying a concealed pistol without having been issued a CPL is a misdemeanor offense. Failure to carry a CPL in one's immediate possession while carrying a concealed pistol is a civil infraction.

In order to obtain a CPL, a person must apply with the local law enforcement agency and undergo a fingerprint-based background check. A CPL must be issued if the applicant is not ineligible to possess a firearm under state or federal law and if the applicant meets other eligibility requirements. A copy of the CPL must be delivered to the Department of Licensing, which maintains records of CPLs in an electronic database.

A CPL is valid for a period of five years. The fee for an original CPL is $36 plus additional charges imposed by the Federal Bureau of Investigation that are passed on to the applicant. The fee is distributed as follows: $15 to the State General Fund; $4 to the agency taking the fingerprints of the applicant; $14 to the license-issuing authority; and $3 to the Firearms Range Account.

A CPL holder may renew the license by applying for renewal within 90 days before or after expiration of the license. The renewal takes effect on the expiration date of the previous license. The renewal fee is $32, and if the licensee renews after the expiration date, an additional $10 late renewal penalty applies. The $32 renewal fee is distributed as follows: $15 to the State General Fund; $14 to the license-issuing authority; and $3 to the Firearms Range Account.

Summary of Substitute Bill:

The Department of Licensing (DOL) must mail a concealed pistol license (CPL) renewal notification to a license holder approximately 90 days prior to the expiration of the license for CPLs that expire on or after August 1, 2018. The notification must be sent to the address listed on the CPL application or to the licensee's new address if the licensee has notified the DOL of a change of address. The notice must include the date of license expiration, amount of the renewal fee, penalty for late renewal, and instructions on how to renew the license.

A CPL Renewal Notification Account (Account) is created. Eighty-four cents of both the CPL original license fee and renewal license fee must be deposited in the Account rather than the State General Fund. Expenditures from the Account may be used only by the DOL for CPL renewal notifications.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.

Staff Summary of Public Testimony (Judiciary):

(In support) The concealed pistol license statute seems to be the only case where we do not send a renewal notification to the license holder.  In other circumstances where the state requires licenses or registrations, a renewal notice is sent.  Providing a notification of license expiration will allow folks to get their licenses renewed on time.  The bill is similar to one heard last year, but instead of adding a new fee to cover the notifications, we shift funds from the State General Fund to cover the costs. 

(Opposed) None.

(Other) The approach taken in the bill is appreciated.  The bill does not require license holders to keep their addresses up to date, so the Department of Licensing will need to work with law enforcement on this issue.  There is a requirement for drivers' license holders to keep their addresses up to date. 

Staff Summary of Public Testimony (Appropriations):

(In support) There would be roughly 125,000 notices sent each year at a cost of 84 cents per notice. Over the last two years, there would have been 15,500 renewal notices sent in 2015 and 21,800 in 2016. If the bill had been in place last biennium, it would have raised $260,000 with a cost of $182,000. It is the only license that does not have a renewal notification. Having a reminder would be a convenience and safety measure to ensure that people do not forget to renew their current concealed pistol licenses.

(Opposed) None.

Persons Testifying (Judiciary): (In support) Representative Taylor, prime sponsor.

(Other) Toni Sermonti, Department of Licensing.

Persons Testifying (Appropriations): Representative Taylor, prime sponsor; and Kerry Cox.

Persons Signed In To Testify But Not Testifying (Judiciary): None.

Persons Signed In To Testify But Not Testifying (Appropriations): None.