S-0547.1/91       _______________________________________________

 

                                 SENATE BILL 5290

                  _______________________________________________

 

State of Washington              52nd Legislature             1991 Regular Session

 

By Senator Patterson.

 

Read first time January 28, 1991.  Referred to Committee on Transportation.Defining resident for purposes of obtaining a valid driver's license.


     AN ACT Relating to a valid driver's license; and amending RCW 46.20.021 and 46.25.070.

 

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

 

     Sec. 1.  RCW 46.20.021 and 1990 c 250 s 33 are each amended to read as follows:

     (1) No person, except as expressly exempted by this chapter, may drive any motor vehicle upon a highway in this state unless the person has a valid driver's license issued to Washington residents under the provisions of this chapter.  A violation of this subsection is a misdemeanor and is a lesser included offense within the offenses described in RCW 46.20.342(1), 46.20.420, and 46.65.090.

     (2) For the purposes of obtaining a valid driver's license, a resident is a person who manifests an intent to live or be located in this state on more than a temporary or transient basis.  Evidence of residency includes but is not limited to:

     (a) Becoming a registered voter in this state; or

     (b) Receiving benefits under one of the Washington public assistance programs; or

     (c) Declaring that he or she is a resident for the purpose of obtaining a state license or tuition fees at resident rates.

     (3) The term "Washington public assistance programs" referred to in subsection (2)(b) of this section includes only public assistance programs for which more than fifty percent of the combined costs of benefits and administration are paid from state funds.  Programs which are not included within the term "Washington public assistance programs" pursuant to the above criteria include, but are not limited to the food stamp program under the federal food stamp act of 1964; programs under the child nutrition act of 1966, 42 U.S.C. Secs. 1771 through 1788; and aid to families with dependent children, 42 U.S.C. Secs. 601 through 606.

     (4) No person shall receive a driver's license unless and until he or she surrenders to the department all valid driver's licenses in his or her possession issued to him or her by any other jurisdiction. The department shall establish a procedure to invalidate the surrendered photograph license and return it to the person. The invalidated license, along with the valid temporary Washington driver's license provided for in RCW 46.20.055(3), shall be accepted as proper identification. The department shall notify the issuing department that the licensee is now licensed in a new jurisdiction.  No person shall be permitted to have more than one valid driver's license at any time.

     (((3))) (5) New Washington residents are allowed thirty days from the date they become residents as defined in this section to procure a valid Washington driver's license.

     (6) Any person licensed as a driver under this chapter may exercise the privilege thereby granted upon all streets and highways in this state and shall not be required to obtain any other license to exercise such privilege by any county, municipal or local board, or body having authority to adopt local police regulations.

 

     Sec. 2.  RCW 46.25.070 and 1989 c 178 s 9 are each amended to read as follows:

     (1) The application for a commercial driver's license or commercial driver's instruction permit must include the following:

     (a) The full name and current mailing and residential address of the person;

     (b) A physical description of the person, including sex, height, weight, and eye color;

     (c) Date of birth;

     (d) The applicant's Social Security number;

     (e) The person's signature;

     (f) Certifications including those required by 49 C.F.R. part 383.71(a);

     (g) Proof of certification of physical examination or waiver, as required by 49 C.F.R. 391.41 through 391.49;

     (h) Any other information required by the department; and

     (i) A consent to release driving record information to parties identified in chapter 46.52 RCW and this chapter.

     (2) When a licensee changes his or her name, mailing address, or residence address, the person shall notify the department as provided in RCW 46.20.205.

     (3) ((A driver of a commercial motor vehicle shall immediately apply for a driver's license upon becoming a resident of this state.))  No person who has been a resident of this state for thirty days may drive a commercial motor vehicle under the authority of a commercial driver's license issued by another jurisdiction.