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                            ENGROSSED SECOND SUBSTITUTE HOUSE BILL NO. 879

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State of Washington                              49th Legislature                              1985 Regular Session

 

By House Committee on Ways & Means (originally sponsored by Representatives Armstrong, Dellwo, Patrick and P. King)

 

 

Read first time 3/8/85 and passed to Committee on Rules.

 

 


AN ACT Relating to driving while intoxicated; amending RCW 10.05.020, 10.05.030, 46.12.020, 46.20.342, 46.12.240, 46.61.515, 46.61.517, and 46.63.020; adding a new section to chapter 2.56 RCW; adding new sections to chapter 46.16 RCW; creating new sections; prescribing penalties; and providing an effective date.

 

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

 

        Sec. 1.  Section 2, chapter 244, Laws of 1975 1st ex. sess. and RCW 10.05.020 are each amended to read as follows:

          (1) The petition shall allege that the wrongful conduct charged is the result of or caused by alcohol problems, drug problems, or mental problems for which the person is in need of treatment and unless treated the probability of future reoccurrence is great, along with a statement that the person agrees to pay the cost of a diagnosis of the alleged problem or problems if financially able to do so.  The petition shall also contain a case history of the person supporting the allegations.

          (2) Before entry of an order deferring prosecution, a petitioner shall stipulate to the admissibility of the facts as contained in the written police report.

 

        Sec. 2.  Section 3, chapter 244, Laws of 1975 1st ex. sess. and RCW 10.05.030 are each amended to read as follows:

          The arraigning judge, upon consideration of the petition and with the concurrence of the prosecuting attorney and after a determination that the admissions of guilt made under RCW 10.05.020(2) were knowing, informed, and voluntary, may continue the arraignment and refer such person for a diagnostic investigation and evaluation to an approved alcoholism treatment facility as designated in chapter 70.96A RCW, if the petition alleges an alcohol problem, an approved drug treatment center as designated in chapter 71.24 RCW, if the petition alleges a drug problem, or to an approved mental health center, if the petition alleges a mental  problem.

 

        Sec. 3.  Section 46.12.020, chapter 12, Laws of 1961 as last amended by section 7, chapter 25, Laws of 1975 and RCW 46.12.020 are each amended to read as follows:

          ((No)) (1) Vehicle license number plates or certificate of license registration, whether original issues or duplicates, shall not be issued or furnished by the department unless the applicant ((therefor shall)), at the same time, makes satisfactory application for a certificate of ownership or ((shall)) presents satisfactory evidence that such a certificate of ownership covering such vehicle has been previously issued.

          (2) Except as otherwise provided in this section, no vehicle license number plates or certificate of license registration, whether original issues or duplicates, and no renewed vehicle license may be issued by the department unless the applicant possesses a valid driver's license.  In the case of joint application by more than one person, each applicant shall possess a valid driver's license.

          (3) Subsection (2) of this section applies only to applicants who are individual persons.

          (4) Subsection (2) of this section does not apply to any applicant with respect to whom the department determines that:

          (a) The applicant's driver's license is not currently suspended or revoked and the applicant is not in suspended or revoked status;

          (b) The applicant has not been convicted of a violation of RCW 46.20.021, 46.20.342, 46.20.416, 46.20.420, or 46.65.090; and

          (c) Circumstances not related to any violation of Title 46 RCW account for the applicant's current lack of a driver's license and the applicant's need to register a vehicle.  The applicant shall by affidavit indicate:

          (i) The reason for the applicant's lack of a driver's license;

          (ii) The need the applicant has for registering a vehicle; and

          (iii) That the applicant will not knowingly allow a person without a driver's license to drive any vehicle registered in the applicant's name.

          (5) It is unlawful for any person in whose name a vehicle is registered knowingly to allow another person to drive the vehicle when the other person is not authorized to do so under the laws of this state.

          (6) A violation of subsection (5) of this section or a knowingly made material misstatement on an affidavit under subsection (4)(c) of this section is a misdemeanor.

          (7) No denial under this section of the issuance or of the renewal of plates or certificates affects the right of any person to maintain, transfer, or acquire title in any vehicle.  Unless the parties to the contract agree otherwise, no such denial affects the rights or obligations of any party to a contract for the purchase, or for the financing of the purchase, of a motor vehicle.

 

        Sec. 4.  Section 3, chapter 148, Laws of 1980 and RCW 46.20.342 are each amended to read as follows:

          (1) Any person who drives a motor vehicle on any public highway of this state at a time when his or her privilege so to do is suspended or revoked in this or any other state or when his or her policy of insurance or bond, when required under this chapter, ((shall have)) has been canceled or terminated, ((shall be)) is guilty of a misdemeanor((:  PROVIDED, That)), and the offenses described in RCW 46.20.021 and 46.20.190((, as now or hereafter amended,)) are lesser included offenses within the offense described by this section.  Upon the first conviction therefor, ((he)) the person shall be punished by imprisonment for not less than ten days nor more than six months.  Upon the second ((such)) conviction therefor, ((he)) the person shall be punished by imprisonment for not less than ninety days nor more than one year.  Upon the third ((such)) conviction therefor, ((he)) the person shall be punished by imprisonment for one year.  There may also be imposed in connection with each ((such)) conviction a fine of not more than five hundred dollars.

          (2) ((The department)) Except as otherwise provided in this subsection, upon receiving a record of conviction of any person or upon receiving an order by any juvenile court or any duly authorized court officer of the conviction of any juvenile under this section upon a charge of driving a vehicle while the license of ((such)) the person is under suspension, the department shall extend the period of ((such)) the suspension for an additional like period and if the conviction was upon a charge of driving while a license was revoked the department shall not issue a new license for an additional period of one year from and after the date ((such)) the person would otherwise have been entitled to apply for a new license.  The department shall not so extend the period of suspension or revocation if the court recommends against the extension and:

          (a) The convicted person has obtained a valid driver's license; or

          (b) The department determines that the convicted person has demonstrated proof of future financial responsibility as provided for in chapter 46.29 RCW, and, if the suspension or revocation was the result of a violation of RCW 46.61.502 or 46.61.504, that the person is making satisfactory progress in any required alcoholism treatment program.

          (3) At the time of arrest for a violation of subsection (1) of this section or of RCW 46.20.021, 46.20.416, 46.20.420, or 46.65.090, the arresting officer may confiscate the Washington state vehicle registration and may cause to be confiscated and destroyed the Washington state license plates of the vehicle being driven by the arrested person.  If the arresting officer causes the vehicle to be impounded, the officer shall confiscate the vehicle registration and cause the license plates to be confiscated and destroyed.  As an alternative to confiscation and destruction of the license plates, the officer may mark the plates in accordance with procedures that may be prescribed by the department if the department determines that an effective means of marking exists.  Upon confiscation of the vehicle registration, the arresting officer shall, on behalf of the department, serve notice in accordance with section 6 of this act of the department's intention to cancel the vehicle registration in accordance with section 5 of this act.  The officer shall immediately replace any confiscated vehicle registration or license plate with a temporary registration or plate that  expires forty-five days after the arrest, or at the time the department's cancellation is sustained at a hearing conducted under section 7 of this act, whichever occurs first.  Temporary or marked license plates shall be clearly distinguishable from any other authorized plates.

          (4) After confiscation under subsection (3) of this section, the arresting officer shall promptly transmit to the department, together with the confiscated vehicle registration, a sworn report indicating that the officer had reasonable grounds to believe that the arrested driver was driving in violation of subsection (1) of this section.

          (5) Any officer who sees a vehicle being operated with temporary or marked license plates may stop the vehicle for the sole purpose of ascertaining whether the driver of the vehicle is operating it in violation of this section, RCW 46.20.021, 46.20.416, 46.20.420, or 46.65.090.  Nothing in this section prohibits the arrest of a person for an offense if an officer has probable cause to believe the person has committed the offense.

 

          NEW SECTION.  Sec. 5.  A new section is added to chapter 46.16 RCW to read as follows:

          (1) Upon receipt of the sworn report of an arresting officer transmitted pursuant to RCW 46.20.342(4), the department shall review its records, and if it ascertains that the arrested driver's privilege to drive was suspended or revoked at the time of his arrest and the arrested driver is the registered owner of the vehicle he was driving at the time of his arrest, or that in violation of RCW 46.12.101 no transfer of title for the vehicle has been made, then the department shall cancel the registration and license plates of the vehicle.  The cancellation shall remain in effect until the arrested driver has been issued a valid driver's license or until another qualified person registers the vehicle.  After the cancellation period, upon application and payment of fees and taxes due including fees prescribed in RCW 46.16.270, the department may issue a new vehicle registration and replacement license plates to the arrested driver.

          (2) For purposes of this section, cancellation means that the existing registration and license plates shall be canceled and no new registration and license plates may be issued to the arrested driver for the prescribed period.  Cancellation takes effect beginning forty-five days after arrest, or at the time the cancellation is sustained by a hearing held under section 7 of this act, whichever occurs first.  If the department does not cancel registration and license plates under subsection (1) of this section, the department shall notify the registered owner that if he is qualified under RCW 46.12.020 he may, upon application and payment of any fees and taxes due other than fees prescribed in RCW 46.16.270, be issued a new vehicle registration and replacement license plates.

          (3) No cancellation under this section may affect the right of any person to transfer or acquire title in the vehicle, or the right of any person other than the arrested driver to become the registered owner of the vehicle.

 

          NEW SECTION.  Sec. 6.  A new section is added to chapter 46.16 RCW to read as follows:

          No cancellation under section 5 of this act is effective until the department or a law enforcement officer acting on  its behalf notifies the arrested driver in writing by personal service, by certified mail or by first class mail addressed to that driver's last known address of record with the department, of the department's intention to cancel registration and of the cancellation together with the grounds therefor and allows the driver a seven-day period to request in writing that the department provide a hearing as provided in section 7 of this act.  The notice shall specify the steps the driver must take to obtain a hearing.  If no written request for a hearing is received by the department within seven days from the date of notification, the order of the department becomes effective as provided in section 5 of this act.  If a request for a hearing is filed in time, the department shall give the driver an opportunity for a hearing as provided in section 7 of this act, and the suspension or revocation will not be effective until a final determination has been made by the department.

 

          NEW SECTION.  Sec. 7.  A new section is added to chapter 46.16 RCW to read as follows:

          (1) Administrative hearings held to determine the propriety of any registration cancellation imposed under section 5 of this act shall be in accordance with rules adopted by the director.

          (2) The department shall fix a time, no more than forty-five days after arrest, and place for a hearing to be held in the county in which the arrest was made.  The hearing may be set for some other county by agreement between the department and the driver.

          (3) The department shall give the driver at least twenty-one days advance notice of the time and place of hearing, but the period of notice may be waived by the driver.  Every party has the right of cross-examination of any witness who testifies and has the right to submit rebuttal evidence.

 

          NEW SECTION.  Sec. 8.  A new section is added to chapter 46.16 RCW to read as follows:

          If the cancellation under section 5 of this act is sustained at the hearing held under section 7 of this act, the driver whose vehicle registration is canceled has the right to file a petition in the superior court of the county in which the person resides or, if a nonresident of this state, the superior court of Thurston county, for review of the final order of cancellation by the department.  The petition shall be filed within ten days following receipt by the person of the department's final order, or the right to appeal is deemed to have been waived.  The review shall be conducted by the court without a jury, and shall be confined to the record, except that in cases of alleged irregularities in procedure before the department, not shown in the record, testimony on that issue may be taken in court.  The scope of the review is limited to that prescribed by RCW 7.16.120, governing writs of certiorari.

          (2) The filing of the appeal does not stay the effective date of the cancellation unless it is stayed by the court after motion and argument.  A stay may be granted only if the court finds upon the arguments and affidavits presented that there is a reasonable probability that the petitioner will prevail upon the merits of the petition, that the public interest will not be substantially harmed by the stay, and that the petitioner will suffer irreparable harm if the order is not stayed.

          (3) The court may affirm the department's decision or reverse the department's order of suspension or revocation.

          (4) The actual costs of preparing and transmitting the record to superior court shall be borne by the petitioner and awarded by the court to the department if the department's decision is affirmed.  The costs shall be borne by the department if the department's decision is reversed.

 

          NEW SECTION.  Sec. 9.  A new section is added to chapter 46.16 RCW to read as follows:

          (1) The director or the director's designee shall administer and enforce sections 5 through 8 of this act.

          (2) The director may adopt such rules and prescribe and provide such forms as may be necessary to carry out sections 5 through 8 of this act.

 

        Sec. 10.  Section 46.20.340, chapter 12, Laws of 1961 as amended by section 42, chapter 121, Laws of 1965 ex. sess. and RCW 46.12.240 are each amended to read as follows:

          (1) The suspension, revocation, cancellation, or refusal by the director of any license or certificate provided for in chapters 46.12 and 46.16 RCW ((shall be)) is conclusive unless the person whose license or certificate is suspended, revoked, canceled, or refused appeals to the superior court of Thurston county, or at his option to the superior court of the county of his residence, for the purpose of having the suspension, revocation, cancellation, or refusal of ((such)) the license or certificate set aside.  Notice of appeal must be filed within ten days after receipt of the notice of suspension, revocation, cancellation, or refusal.  Upon the filing of the notice of appeal the court shall issue an order to the director to show cause why the license should not be granted or reinstated, which order shall be returnable not less than ten days after the date of service thereof upon the director.  Service shall be in the manner prescribed for service of summons and complaint in other civil actions.  Upon the hearing on the order to show cause, the court shall hear evidence concerning matters with reference to the suspension, revocation, cancellation, or refusal of the license or certificate and shall enter judgment either affirming or setting aside ((such)) the suspension, revocation, cancellation, or refusal.

          (2) This  section does not apply to vehicle registration cancellations under sections 5 through 9 of this act.

 

        Sec. 11.  Section 62, chapter 155, Laws of 1965 ex. sess. as last amended by section 328, chapter 258, Laws of 1984 and RCW 46.61.515 are each amended to read as follows:

          (1) Every person who is convicted of a violation of RCW 46.61.502 or 46.61.504 shall be punished by imprisonment for not less than twenty-four consecutive hours nor more than one year, and by a fine of not more than seven hundred fifty dollars.  Twenty-four consecutive hours of the jail sentence shall not be suspended or deferred unless the judge finds that the imposition of the jail sentence will pose a risk to the defendant's physical or mental well-being.  Whenever the mandatory jail sentence is suspended or deferred, the judge must state, in writing, the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based.  The court may impose conditions of probation that may include nonrepetition, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate.  The convicted person shall, in addition, be required to ((complete a course in an alcohol information school approved by the department of social and health services or more intensive treatment in a program approved by the department of social and health services, as determined by the court.  A)) undergo an alcohol or drug assessment including diagnostic evaluation and treatment recommendation that shall be prepared under the direction of the court by an alcoholism agency approved by the department of social and health services or a qualified probation department approved by the department of social and health services.  A copy of  the report shall be forwarded to the department of licensing.  Based on the diagnostic evaluation, the court shall determine whether the convicted person shall be required to complete a course in an alcohol information school approved by the department of social and health services or more intensive treatment in a program approved by the department of social and health services.  Standards for approval for alcohol treatment programs shall be prescribed by rule under the administrative procedure act, chapter 34.04 RCW.  The courts shall periodically review the costs of alcohol information schools and treatment programs within their jurisdictions.

          (2) On a second or subsequent conviction for driving or being in physical control of a motor vehicle while under the influence of intoxicating liquor or drugs within a five-year period a person shall be punished by imprisonment for not less than seven days nor more than one year and by a fine of not more than one thousand five hundred dollars.  District courts and courts organized under chapter 35.20 RCW are authorized to impose such fine.  The jail sentence shall not be suspended or deferred unless the judge finds that the imposition of the jail sentence will pose a risk to the defendant's physical or mental well-being.  Whenever the mandatory jail sentence is suspended or deferred, the judge must state, in writing, the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based.  If, at the time of a second or subsequent conviction, the driver is without a license or permit because of a previous suspension or revocation, the minimum mandatory sentence shall be ninety days in jail and a two hundred dollar fine.  The penalty so imposed shall not be suspended or deferred.  The person shall, in addition, be required to ((complete a diagnostic evaluation by an alcoholism agency approved by the department of social and health services or a qualified probation department approved by the department of social and health services.  The report shall be forwarded to the department of licensing.  If the person is found to have an alcohol or drug problem requiring treatment, the person shall complete treatment at an approved alcoholism treatment facility or approved drug treatment center)) undergo an assessment and complete a course or program as required by subsection (1) of this section.

          In addition to any nonsuspendable and nondeferrable jail sentence required by this subsection, the court shall sentence a person to a term of imprisonment not exceeding one hundred eighty days and shall suspend but shall not defer the sentence for a period not exceeding two years.  The suspension of the sentence may be conditioned upon nonrepetition, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate.  The sentence may be imposed in whole or in part upon violation of a condition of suspension during the suspension period.

          (3) The license or permit to drive or any nonresident privilege of any person convicted of driving or being in physical control of a motor vehicle while under the influence of intoxicating liquor or drugs shall:

          (a) On the first conviction under either offense, be suspended by the department until the person reaches age nineteen or for ninety days, whichever is longer.  The department of licensing shall determine the person's eligibility for licensing based upon the reports provided by the designated alcoholism agency or probation department and shall deny reinstatement until the person has undergone assessment as required by subsections (1) and (2) of this section and until enrollment ((and)), participation, and satisfactory progress in ((an)) any required approved program has been established and the person is otherwise qualified;

          (b) On a second conviction under either offense within a five-year period, be revoked by the department for one year.  The department of licensing shall determine the person's eligibility for licensing based upon the reports provided by the designated alcoholism agency or probation department and shall deny reinstatement until the person has undergone assessment as required by subsections (1) and (2) of this section and until enrollment, participation, and satisfactory progress in ((an)) any required approved program has been established and the person is otherwise qualified;

          (c) On a third or subsequent conviction of driving or being in physical control of a motor vehicle while under the influence of intoxicating liquor or drugs, vehicular homicide, or vehicular assault, or any combination thereof within a five-year period, be revoked by the department for two years.  The department of licensing shall determine the person's eligibility for licensing based upon the reports provided by the designated alcoholism agency or probation department and shall deny reinstatement until enrollment, participation, and satisfactory progress in or completion of any required approved program has been established and the person is otherwise qualified.

           (4)  In any case provided for in this section, where a driver's license is to be revoked or suspended, the revocation or suspension shall be stayed and shall not take effect until after the determination of any appeal from the conviction which may lawfully be taken, but in case the conviction is sustained on appeal the revocation or suspension takes effect as of the date that the conviction becomes effective for other purposes.

          (5) At the time of sentencing for any conviction of a violation of RCW 46.61.502 or 46.61.504, the convicted person shall be given a form instruction that explains the requirements for obtaining reissuance or renewal of his or her license to drive.  The form instruction shall include a statement that the convicted person understands the requirements for obtaining reissuance or renewal of his or her license to drive.  A model form instruction for the purposes of this subsection shall be developed by the administrator for the courts.

          (6) At the time of sentencing for any conviction of a violation of RCW 46.61.502 or 46.61.504, the convicted person shall be given a document, to be returned to the court by the designated alcoholism agency or probation department within thirty days, that shall indicate by a sworn statement of a duly authorized officer or employee of the designated alcoholism agency or probation department that the convicted person has appeared for and cooperated with the accomplishment of the alcohol or drug assessment prescribed under this section.  If the document is not returned to the court within the time prescribed in this section, the court shall promptly issue a bench warrant for the arrest of the convicted person.  Failure to appear and cooperate with an alcohol or drug assessment is a misdemeanor.

 

        Sec. 12.  Section 27, chapter 165, Laws of 1983 and RCW 46.61.517 are each amended to read as follows:

          The refusal of a person to submit to a test of the alcoholic content of his blood under RCW 46.20.308 is admissible into evidence at a subsequent criminal trial without any comment ((and with a jury instruction, where applicable, that there shall be no speculation as to the reason for the refusal and that no inference is to be drawn from the refusal)).

 

        Sec. 13.  Section 12, chapter 10, Laws of 1982 as amended by section 6, chapter 164, Laws of 1983 and RCW 46.63.020 are each amended to read as follows:

          Failure to perform any act required or the performance of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to traffic including parking, standing, stopping, and pedestrian offenses, is designated as a traffic infraction and may not be classified as a criminal offense, except for an offense contained in the following provisions of this title or a violation of an equivalent administrative regulation or local law, ordinance, regulation, or resolution:

          (1) RCW 46.09.120(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance;

          (2) RCW 46.09.130 relating to operation of nonhighway vehicles;

          (3) RCW 46.10.090(2) relating to the operation of a snowmobile while under the influence of intoxicating liquor or narcotics or habit-forming drugs or in a manner endangering the person of another;

          (4) RCW 46.10.130 relating to the operation of snowmobiles;

          (5) Chapter 46.12 RCW relating to certificates of ownership and registration;

          (6) RCW 46.16.160 relating to vehicle trip permits;

          (7) RCW 46.20.021 relating to driving without a valid driver's license;

          (8) RCW 46.20.336 relating to the unlawful possession and use of a driver's license;

          (9) RCW 46.20.342 relating to driving with a suspended or revoked license;

          (10) RCW 46.20.410 relating to the violation of restrictions of an occupational driver's license;

          (11) RCW 46.20.420 relating to the operation of a motor vehicle with a suspended or revoked license;

          (12) Chapter 46.29 RCW relating to financial responsibility;

          (13) RCW 46.44.180 relating to operation of mobile home pilot vehicles;

          (14) RCW 46.48.175 relating to the transportation of dangerous articles;

          (15) RCW 46.52.010 relating to duty on striking an unattended car or other property;

          (16) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;

          (17) RCW 46.52.090 relating to reports by repairmen, storagemen, and appraisers;

          (18) RCW 46.52.100 relating to driving under the influence of liquor or drugs;

          (19) RCW 46.52.108 relating to disposal of abandoned vehicles or hulks;

          (20) RCW 46.52.130 relating to confidentiality of the driving record to be furnished to an insurance company and an employer;

          (21) RCW 46.52.210 relating to abandoned vehicles or hulks;

          (22) RCW 46.61.015 relating to obedience to police officers, flagmen, or fire fighters;

          (23) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;

          (24) RCW 46.61.022 relating to failure to stop and give identification to an officer;

          (25) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;

          (26) RCW 46.61.500 relating to reckless driving;

          (27) RCW 46.61.502 and 46.61.504 relating to persons under the influence of intoxicating liquor or drugs;

          (28) RCW 46.61.515 relating to failure to appear and cooperate with an alcohol or drug assessment;

          (29) RCW 46.61.520 relating to vehicular homicide by motor vehicle;

          (((29))) (30)  RCW 46.61.522 relating to vehicular assault;

          (((30))) (31) RCW 46.61.525 relating to negligent driving;

          (((31))) (32) RCW 46.61.530 relating to racing of vehicles on highways;

          (((32))) (33) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;

          (((33))) (34) RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic citation;

          (((34))) (35) RCW 46.64.020 relating to nonappearance after a written promise;

          (((35))) (36) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;

          (((36))) (37) Chapter 46.65 RCW relating to habitual traffic offenders;

          (((37))) (38) Chapter 46.70 RCW relating to unfair motor vehicle business practices, except where that chapter provides for the assessment of monetary penalties of a civil nature;

          (((38))) (39) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles;

          (((39))) (40) Chapter 46.80 RCW relating to motor vehicle wreckers;

          (((40))) (41) Chapter 46.82 RCW relating to driver's training schools.

 

          NEW SECTION.  Sec. 14.  A new section is added to chapter 2.56 RCW to read as follows:

          The administrator for the courts shall annually prepare a report on the effectiveness of RCW 46.61.515 with respect to the requirement that every person convicted for a violation of RCW 46.61.502 or 46.61.504 undergo an alcohol or drug assessment.  The report shall indicate for each court in the state the percentage of those convicted who are assessed.  The report shall be sent to each court in the state and to the senate and house of representatives committees on judiciary, and shall be made available to the public through the administrator's office.

 

          NEW SECTION.  Sec. 15.    Section 3, subsections (3), (4), and (5) of section 4, and sections 5, 6, 7, and 8 of this 1985 act shall take effect on July 1, 1986.

 

          NEW SECTION.  Sec. 16.    Notwithstanding the effective date of section 15 of this act, the department of licensing may, with respect to those portions of this 1985 act identified in section 15 of this act that apply to the renewal of motor vehicle registration and license plates, implement this 1985 act so as to affect all registrations and license plates expiring on or after July 1, 1986, even if the department sends notice of renewal before July 1, 1986.

 

          NEW SECTION.  Sec. 17.    If specific funding for the purposes of this act, referencing this act by bill number is not provided in the omnibus appropriations act for the fiscal year beginning July 1, 1985, the amendment of RCW 46.12.020 by section 3 of this act, subsections (3), (4), and (5) of section 4 of this act, and sections 5, 6, 7, and 8 of this act shall be null and void.