VETO MESSAGE ON 1704-S

                        May 21, 1991

To the Honorable, the House

  of Representatives of the

  State of Washington

Ladies and Gentlemen:

      I am returning herewith, without my approval as to sections 17 and 23, Substitute House Bill No. 1704 entitled:

"AN ACT Relating to motor vehicle special fuel taxes."

      Section 17 of this bill proposes a new study of the costs and revenues related to vehicle licensing agents and subagents and the benefits provided to the public.  A similar study has already been released by the Department of Licensing, entitled Taking The Title and Registration Process To The Customer, dated January, 1991.  Additionally, the Legislative Transportation Committee intends to discuss policy questions relevant to this area.  Thus, the proposed study under section 17 is redundant.

      Section 23 relates to the state's implied consent law.  Currently, if a suspected drunk driver is asked to take a blood or breath test and refuses, the person's driving privilege is revoked.  This section would rescind that revocation if the basis for the suspicion is a nonalcohol or nondrug-related medical condition and the person is subsequently found not guilty of the offense.

      I vetoed a similar provision last session.  As I said in my veto message last year, the implied consent law "is the state's most effective tool to combat drunken driving."  My belief has not changed.  Section 23 erodes the implied consent law and is, therefore, unacceptable.  Adequate safeguards exist under current law to protect drivers who experience difficulties because of medical conditions.

      For the reasons stated, I have vetoed sections 17 and 23 of Substitute House Bill No. 1704.

      With the exception of sections 17 and 23, Substitute House Bill No. 1704 is approved.

                        Respectfully submitted,

                        Booth Gardner

                        Governor