H-0951.1  _______________________________________________

                          HOUSE BILL 1628

          _______________________________________________

State of Washington      54th Legislature     1995 Regular Session

By Representatives Dellwo, Mielke and Appelwick

Read first time 02/02/95.  Referred to Committee on Law & Justice.

Decriminalizing certain traffic offenses.

    AN ACT Relating to penalties for driving without a driver's license and negligent driving; amending RCW 46.61.525; reenacting and amending RCW 46.20.021 and 46.63.020; and prescribing penalties.

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

    Sec. 1.  RCW 46.20.021 and 1991 c 293 s 3 and 1991 c 73 s 1 are each reenacted and 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) or 46.20.420)) an infraction and is subject to penalties as set by the supreme court under RCW 46.63.110 or community service.

    (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.

    (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.

(7) If a person cited for a violation of subsection (1) of this section appears in person before the court and provides written evidence that at the time the person was cited, he or she had a valid driver's license, the court shall dismiss the notice of infraction.  In lieu of personal appearance, a person cited for a violation of subsection (1) of this section may, before the date scheduled for the person's appearance before the court, submit by mail to the court written evidence that at the time the person was cited, he or she had a valid driver's license in which case the court shall dismiss the notice of infraction.  The court may assess court administrative costs of twenty-five dollars at the time of dismissal.

    Sec. 2.  RCW 46.61.525 and 1979 ex.s. c 136 s 86 are each amended to read as follows:

    It shall be unlawful for any person to operate a motor vehicle in a negligent manner.  For the purpose of this section to "operate in a negligent manner" shall be construed to mean the operation of a vehicle in such a manner as to endanger or be likely to endanger any persons or property:  PROVIDED HOWEVER, That any person operating a motor vehicle on private property with the consent of the owner in a manner consistent with the owner's consent shall not be guilty of negligent driving.

    ((The offense of operating a vehicle in a negligent manner shall be considered to be a lesser offense than, but included in, the offense of operating a vehicle in a reckless manner, and any person charged with operating a vehicle in a reckless manner may be convicted of the lesser offense of operating a vehicle in a negligent manner.  Any person violating the provisions of this section will be guilty of a misdemeanor:  PROVIDED, That the director may not revoke any license under this section, and such offense is not punishable by imprisonment or by a fine exceeding two hundred fifty dollars)) A violation of this section is an infraction and is subject to penalties as set by the supreme court under RCW 46.63.110 or community service.

    Sec. 3.  RCW 46.63.020 and 1994 c 275 s 33 and 1994 c 141 s 2 are each reenacted and 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 46.16.010 relating to initial registration of motor vehicles;

    (7) RCW 46.16.011 relating to permitting unauthorized persons to drive;

    (8) RCW 46.16.160 relating to vehicle trip permits;

    (9) RCW 46.16.381 (6) or (9) relating to unauthorized use or acquisition of a special placard or license plate for disabled persons' parking;

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

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

    (((12))) (11) RCW 46.20.342 relating to driving with a suspended or revoked license or status;

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

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

    (((15))) (14) RCW 46.20.750 relating to assisting another person to start a vehicle equipped with an ignition interlock device;

    (((16))) (15) RCW 46.25.170 relating to commercial driver's licenses;

    (((17))) (16) Chapter 46.29 RCW relating to financial responsibility;

    (((18))) (17) RCW 46.30.040 relating to providing false evidence of financial responsibility;

    (((19))) (18) RCW 46.37.435 relating to wrongful installation of sunscreening material;

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

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

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

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

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

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

    (((26))) (25) RCW 46.52.130 relating to confidentiality of the driving record to be furnished to an insurance company, an employer, and an alcohol/drug assessment or treatment agency;

    (((27))) (26) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate;

    (((28))) (27) RCW 46.55.035 relating to prohibited practices by tow truck operators;

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

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

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

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

    (((33))) (32) RCW 46.61.500 relating to reckless driving;

    (((34))) (33) RCW 46.61.502, 46.61.504, 46.61.5051, 46.61.5052, and 46.61.5053 relating to persons under the influence of intoxicating liquor or drugs;

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

    (((36))) (35) RCW 46.61.522 relating to vehicular assault;

    (((37) RCW 46.61.525 relating to negligent driving;

    (38))) (36) RCW 46.61.527(4) relating to reckless endangerment of roadway workers;

    (((39))) (37) RCW 46.61.530 relating to racing of vehicles on highways;

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

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

    (((42))) (40) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;

    (((43))) (41) Chapter 46.65 RCW relating to habitual traffic offenders;

    (((44))) (42) 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;

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

    (((46))) (44) Chapter 46.80 RCW relating to motor vehicle wreckers;

    (((47))) (45) Chapter 46.82 RCW relating to driver's training schools;

    (((48))) (46) RCW 46.87.260 relating to alteration or forgery of a cab card, letter of authority, or other temporary authority issued under chapter 46.87 RCW;

    (((49))) (47) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW.

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