SENATE BILL REPORT

ESSB 6710

BYSenate Committee on Health & Long-Term Care (originally sponsored by Senators West, Kreidler, McDonald, Thorsness, Nelson, Stratton and Saling)

Providing for the prevention of alcohol and drug-related illness and injury.

Senate Committee on Health & Long-Term Care

Senate Hearing Date(s):February 1, 1990

Majority Report:     That Substitute Senate Bill No. 6710 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means.

     Signed by Senators West, Chairman; Smith, Vice Chairman; Amondson, Johnson, Kreidler, Wojahn.

Minority Report:     Do not pass.

     Signed by Senator Niemi.

Senate Staff:Gregory M. Miller (786-7784)

                February 14, 1990

AS PASSED SENATE, FEBRUARY 12, 1990

BACKGROUND:

Alcohol-related traffic deaths and injuries are a major, continuing epidemic, declared one of the nation's leading public health problems in 1989 by Surgeon General Koop.  Alcohol-related deaths are the number one cause of death in the 16-24 year-old age group.  In 1988, 433 people died from alcohol-related traffic accidents in Washington, 288 of whom were people under the age of 24.  The number of deaths from homicides for all ages in Washington was 220 in 1986.  Another 13,724 persons were injured in alcohol-related traffic accidents in Washington in 1988, 20 percent of whom received disabling injuries.

The Surgeon General's national workshop on drunk driving made recommendations for attacking drunk driving by public health methods including identification and assessment, immediate intervention, treatment, prevention and education.  One specific recommendation is administrative revocation of licenses on arrest for drunk driving.  Programs for the administrative revocation of licenses have been adopted in 28 other states and the District of Columbia.  Due process challenges have failed in other states.  Other states have found that administrative revocation reduced incidence of drunk driving from 10-15 percent, including Oregon which has had the program since 1984.  Most states have found administrative revocation does not decrease the number of drivers who seek treatment after arrest.  Iowa found that more people sought treatment.  Federal traffic safety fund grants are authorized for states adopting administrative revocation.

SUMMARY:

The Governor must establish and annually update a comprehensive state strategy to reduce substance abuse through prevention, treatment, and enforcement.  A cabinet level coordinating committee on alcohol and substance abuse is created with specific agency representation.  The committee provides for coordination of and exchange of information among state agencies for all programs related to alcohol and substance abuse and meets at least four times annually.  It reports findings on the current state of the substance abuse problem to the Governor and Legislature biennially, beginning September 1, 1990, and advises the Governor on state strategies for substance abuse.  The Governor is authorized to appoint a council on substance abuse with defined community-based representation.  The council shall advise the Governor on the comprehensive state strategy and on strategies that support community efforts, public awareness, and education. The Governor is authorized to transfer or delegate any of his duties to any appropriate operating agency.  These provisions sunset June 20, 1995, subject to sunset review.

The Washington Association of Sheriffs and Police Chiefs is directed to collect and to report data annually on alcohol and drug related crimes and incidents.

The administrative revocation of drivers' licenses upon arrest for driving while intoxicated is authorized.  The driver's license is confiscated at the scene upon a test showing 0.10 percent blood alcohol level, or upon the driver's refusal to take a sobriety test.  A 30 day temporary permit is issued when the license is confiscated.  The Department of Licensing formally revokes the license within 30 days of arrest unless the driver requests a hearing within five days and establishes there is no proper basis for the revocation.  The driver may challenge the department's administrative action in superior court but there is no stay of the revocation pending resolution of the challenge.  The penalties:  for a first offense, suspension of the license for the longer of 30 days or until the driver reaches age 19; for second offenses within five years, one year suspension; for a third offense within five years, two years suspension.  First offenders who refuse a sobriety test have their license revoked for one year.  For a second or subsequent refusal of a sobriety test within five years, the license is revoked or denied for two years.  These provisions take effect July 1991. 

The Traffic Safety Commission will study the effectiveness of the current deferred prosecution program as related to alcoholism and report to the Governor and Legislature one year from the date of enactment.  The commission will study the effectiveness of the administrative revocation of licenses provisions of the act and report to the Governor and Legislature by December 31, 1993.

Appropriation:  $267,000

Revenue:   yes

Fiscal Note:    available

Effective Date:Sections 9, 17 and 21 take effect immediately.  Sections 5 through 8 and 10 through 16 take effect July 1, 1991.

Senate Committee - Testified:   John Abolofia, WSTLA (con); Steve Lind, WA Traffic Safety Commission (pro); Jim Wright, Association of Alcohol and Addiction Programs (con); Tom Armstrong, Lakeside Recovery (con); Jeff Larsen, Care Unit Hospital of Kirkland (con); Jerry Sheehan, ACLU (con); Bill Fitzharris (con); Rory Laughery, WSMA (pro); Gerri Wolf, MADD (pro); Mel Sorensen (pro)