H-3971.1          _______________________________________________

                                  HOUSE BILL 2641

                  _______________________________________________

State of Washington              54th Legislature             1996 Regular Session

By Representatives Clements, Robertson, Sterk, Sheahan, Chandler, Backlund, Horn, Buck, Thompson, D. Schmidt and Elliot

Read first time 01/16/96.  Referred to Committee on Transportation.

Restricting vehicle license plates and registrations for applicants who do not have a driver's license.

     AN ACT Relating to motor vehicle licenses; amending RCW 46.12.020; and prescribing penalties.

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

     Sec. 1.  RCW 46.12.020 and 1989 c 337 s 22 are each amended to read as follows:

(1) No vehicle license number plates or certificate of license registration, whether original issues or duplicates, may be issued or furnished by the department unless the applicant, at the same time, makes satisfactory application for a certificate of ownership or presents satisfactory evidence that such a certificate of ownership covering the vehicle has been previously issued.

(2) Except as otherwise provided in this section, no vehicle license number plates or certificate of license registration, whether original issues or duplicates, and no renewed vehicle license may be issued by the department unless the applicant possesses a valid driver's license.  In the case of joint application by more than one person, each applicant shall possess a valid driver's license.  The department shall not send a vehicle license renewal form to any registered owner whose driver's license, permit, or privilege to drive is suspended or revoked or is in suspended or revoked status.  When a person applies for renewal of a vehicle license without presentation of the renewal form issued by the department, the department or the renewal agent shall check the driver's license records of the department regarding the applicant.

(3) Subsection (2) of this section applies only to applicants who are individual persons.

(4) Subsection (2) of this section does not apply to any applicant with respect to whom the department determines that:

(a) The applicant's driver's license is not currently suspended or revoked or in suspended or revoked status;

(b) The applicant has not been convicted of a violation of RCW 46.20.021, 46.20.342, or 46.20.420; and

(c) The applicant's current lack of a driver's license is not the result of any violation of Title 46 RCW.  Before the department makes a determination under this subsection (4)(c), the applicant shall indicate by affidavit on a form prescribed by the department the reason for the applicant's lack of a driver's license.

(5) Knowingly making a material misstatement on an affidavit under subsection (4)(c) of this section is a misdemeanor.

(6) No denial under this section of issuance or of renewal of plates or certificates affects the right of any person to maintain, transfer, or acquire title in any vehicle.  Unless the parties to the contract agree otherwise, no such denial affects the rights or obligations of any party to a contract for the purchase, or for the financing of the purchase, of a motor vehicle.

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