HOUSE BILL REPORT

E2SHB 196

BYHouse Committee on Transportation (originally sponsored by Representatives Armstrong, Patrick, Dellwo, Padden, Wang, Holm, P. King and Bumgarner)

Revising laws against driving without a license.

House Committe on Judiciary

Majority Report:     The substitute bill be substituted therefor and the substitute bill do pass.  (13)

     Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Brough, Hargrove, Heavey, P. King, Locke, Moyer, Padden, Patrick, Schmidt, Scott and Wang.

Minority Report:     Do not pass.  (1)

     Signed by Representative Niemi.

House Staff:Bill Perry (786-7123)

Rereferred House Committee on Transportation

Majority Report:     The second substitute bill be substituted therefor and the second substitute bill do pass.  (21)

     Signed by Representatives Walk, Chair; Baugher, Vice Chair; Betrozoff, Brough, Cantwell, Cooper, Dellwo, Doty, Fisch, Fisher, Gallagher, Hankins, Kremen, Patrick, Prince, Spanel, Sutherland, Todd, K. Wilson, S. Wilson and Zellinsky.

Minority Report:     Do not pass.  (6)

     Signed by Representatives Day, Heavey, Meyers, Schmidt, C. Smith and D. Sommers.

House Staff:    Louise Bray (786-7322)

AS PASSED HOUSE MARCH 16, 1987

BACKGROUND:

A person who drives with a suspended or revoked driver's license, while in a suspended or revoked status, or without required insurance or bond may be charged with a gross misdemeanor. A considerable number of people in the state continue to drive after their driver's licenses have been revoked or suspended.

SUMMARY:

Provisions are made for the confiscation of vehicle license plates from the cars of persons arrested for driving without a driver's license.  If a person is arrested for driving with a suspended or revoked driver's license or for not having required insurance or bond, and the arresting officer determines that driver is the registered owner of the vehicle then the officer may confiscate or mark the vehicle plates and serve a notice of the intent of DOL to cancel the vehicle license.  If the officer impounds the vehicle, the plates must be confiscated or marked.  The officer will replace any confiscated plates with temporary vehicle license plates valid for 60 days or until a hearing before DOL, whichever occurs first.

Temporary or marked license plates provide authority for a police officer to stop the vehicle.  Such a stop may be only for the purpose of determining whether the driver is properly licensed.

A driver who wishes to challenge the cancellation of his or her vehicle's license must file a request for a hearing within 15 days of receiving the notice of cancellation.

The Department must review its records.  If the driver's license is suspended or revoked and the arrested driver is the registered owner of the vehicle, the Department will cancel the registration of the vehicle until the driver regains his or her driver's license.

If the driver requests a hearing, DOL must hold the hearing within 60 days of the driver's arrest and give the driver at least 20 days prior notice.  The hearing is held in the county of arrest.

If, after the hearing, the cancellation is sustained, the driver may appeal to the superior court.  The appeal must be filed within ten days of receipt by the driver of the department's final order.  An appeal does not stay cancellation of the vehicle registration.  The prevailing party on the appeal may be awarded the actual costs of preparing and transmitting the record.

It is made a crime for a person knowingly to allow the use of his or her car by a driver without a license.

The department of licensing is directed to report to the legislature by January 1, 1991 on the effectiveness of the act.

EFFECT OF SENATE AMENDMENT(S):  The amendments provide for the marking, rather than confiscating, of license plates.  The amendments also make the act expire on July 1, 1993.

Fiscal Note:    Attached.

Effective Date:The bill takes effect July 1, 1988.

House Committee ‑ Testified For:     (Judiciary) Dave Kirk, Department of Licensing; Mike Redman, Washington Association of Prosecuting Attorneys.

(Transportation) Monica Benton, Washington Association of Prosecuting Attorneys; Captain Rick Jensen, Washington State Patrol.

House Committee - Testified Against: (Judiciary) Gerard Sheehan, ACLU.

(Transportation) Gerard Sheehan, ACLU.

House Committee - Testimony For:     (Judiciary) Additional sanctions are needed to get unlicensed drivers off the road.  A similar program in Ohio has greatly reduced traffic deaths.

(Transportation) This is an important step toward getting unlicensed drivers off the road.  There would be a limited fiscal impact on the State Patrol to enforce.

House Committee - Testimony Against: (Judiciary) Allowing police to stop a vehicle merely because it has temporary license plates is probably unconstitutional.

(Transportation) Allowing police to stop a vehicle merely because it has a temporary plate is probably unconstitutional.