BP BHEAD INT S

AN ACT Relating to the renewal of driver's licenses; amending RCW 46.20.120, 46.20.161, 46.25.080, 46.68.041, and 46.68.041; adding a new section to chapter 46.68 RCW; repealing RCW 46.20.181; providing an effective date; and declaring an emergency.

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

Sec. 1. RCW 46.20.120 and 1990 c 9 s 1 are each amended to read as follows:

No new driver's license may be issued and no previously issued license may be renewed until the applicant therefor has successfully passed a driver licensing examination. However, the department may waive all or any part of the examination of any person applying for the renewal of a driver's license except when the department determines that an applicant for a driver's license is not qualified to hold a driver's license under this title. The department may also waive the actual demonstration of the ability to operate a motor vehicle by a person who surrenders a valid driver's license issued by the person's previous home state and who is otherwise qualified to be licensed. For a new license examination a fee of seven dollars shall be paid by each applicant, in addition to the fee charged for issuance of the license. A new license is one issued to a driver who has not been previously licensed in this state or to a driver whose last previous Washington license has been expired for more than four years.

Any person renewing his or her driver's license more than sixty days after the license has expired shall pay a penalty fee of ten dollars in addition to the renewal fee under RCW ((~~46.20.181~~)) 46.20.161. The penalty fee shall be deposited in the highway safety fund.

Any person who is outside the state at the time his or her driver's license expires or who is unable to renew the license due to any incapacity may renew the license within sixty days after returning to this state or within sixty days after the termination of any such incapacity without the payment of the penalty fee.

The department shall provide for giving examinations at places and times reasonably available to the people of this state.

Sec. 2. RCW 46.20.161 and 1990 c 250 s 40 are each amended to read as follows:

(1) The department, upon receipt of ((a)) the appropriate fee ((~~of fourteen dollars, which includes the fee for the required photograph~~)), shall issue to every applicant qualifying therefor a driver's license, which license shall bear thereon a distinguishing number assigned to the licensee, the full name, date of birth, Washington residence address, and a brief description of the licensee, and either a facsimile of the signature of the licensee or a space upon which the licensee shall write his or her usual signature with pen and ink immediately upon receipt of the license. No license is valid until it has been so signed by the licensee.

(2) A driver's license issued under this section expires on the fifth anniversary of the licensee's birthdate after the issuance of the license. However, the department may issue a driver's license for a period other than five years, or may extend by mail a license that has already been issued, in order to evenly distribute, as nearly as possible, the yearly renewal rate of licensed drivers. Every license is renewable on or before its expiration upon application as prescribed by the department and payment of the appropriate fee. The department may adopt rules as necessary to carry out this subsection.

(3) The fee for a driver's license is three dollars and fifty cents for each year for which the license was issued or extended. This fee includes the fee for the required photograph.

Sec. 3. RCW 46.25.080 and 1989 c 178 s 10 are each amended to read as follows:

(1) The commercial driver's license must be marked "commercial driver's license" or "CDL," and must be, to the maximum extent practicable, tamperproof. It must include, but not be limited to, the following information:

(a) The name and residence address of the person;

(b) The person's color photograph;

(d) Date of birth;

(e) The person's Social Security number or any number or identifier deemed appropriate by the department;

(f) The person's signature;

(g) The class or type of commercial motor vehicle or vehicles that the person is authorized to drive, together with any endorsements or restrictions;

(h) The name of the state; and

(i) The dates between which the license is valid.

(2) Commercial driver's licenses may be issued with the classifications, endorsements, and restrictions set forth in this subsection. The holder of a valid commercial driver's license may drive all vehicles in the class for which that license is issued and all lesser classes of vehicles except motorcycles and vehicles that require an endorsement, unless the proper endorsement appears on the license.

(a) Licenses may be classified as follows:

(i) Class A is a combination of vehicles with a gross combined weight rating (GCWR) of 26,001 pounds or more, if the GVWR of the vehicle being towed is in excess of 10,000 pounds.

(ii) Class B is a single vehicle with a GVWR of 26,001 pounds or more, and any such vehicle towing a vehicle not in excess of 10,000 pounds.

(iii) Class C is a single vehicle with a GVWR of less than 26,001 pounds or any such vehicle towing a vehicle with a GVWR not in excess of 10,000 pounds consisting of:

(A) Vehicles designed to transport sixteen or more passengers, including the driver;

(B) Vehicles used in the transportation of hazardous materials that requires the vehicle to be identified with a placard under 49 C.F.R., part 172, subpart F; and

(b) The following endorsements and restrictions may be placed on a license:

(i) "H" authorizes the driver to drive a vehicle transporting hazardous materials.

(ii) "K" restricts the driver to vehicles not equipped with air brakes.

(iii) "T" authorizes driving double and triple trailers.

(iv) "P" authorizes driving vehicles carrying passengers.

(v) "N" authorizes driving tank vehicles.

(vi) "X" represents a combination of hazardous materials and tank vehicle endorsements.

The license may be issued with additional endorsements and restrictions as established by rule of the director.

(3) Before issuing a commercial driver's license, the department shall obtain driving record information through the commercial driver's license information system, the national driver register, and from the current state of record.

(4) Within ten days after issuing a commercial driver's license, the department must notify the commercial driver's license information system of that fact, and provide all information required to ensure identification of the person.

(5) A commercial driver's license ((~~shall~~)) expires in the same manner as provided in RCW ((~~46.20.181~~)) 46.20.161.

(6) When applying for renewal of a commercial driver's license, the applicant shall complete the application form required by RCW 46.25.070(1), providing updated information and required certifications. If the applicant wishes to retain a hazardous materials endorsement, the applicant shall take and pass the written test for a hazardous materials endorsement.

Sec. 4. RCW 46.68.041 and 1985 ex.s. c 1 s 12 are each amended to read as follows:

(1) The department shall forward all funds accruing under the provisions of chapter 46.20 RCW together with a proper identifying, detailed report to the state treasurer who shall deposit such moneys to the credit of the highway safety fund except as otherwise provided in this section.

(2) Out of each fee of ((~~fourteen~~)) three dollars and fifty cents collected for each year for which a driver's license is issued or extended, the sum of ((~~ten~~)) two dollars and ((~~twenty~~)) fifty-five cents shall be deposited in the highway safety fund, and ((~~three dollars and eighty~~)) ninety-five cents shall be deposited in the ((~~general~~)) temporary licensing technology account of the highway safety fund.

Sec. 5. RCW 46.68.041 and 1995 c . . . s 4 (section 4 of this act) are each amended to read as follows:

(2) Out of each fee of three dollars and fifty cents collected for each year for which a driver's license is issued or extended, the sum of two dollars and fifty-five cents shall be deposited in the highway safety fund, and ninety-five cents shall be deposited in the ((~~temporary licensing technology account of the highway safety~~)) general fund.

NEW SECTION. Sec. 6. A new section is added to chapter 46.68 RCW to read as follows:

The temporary licensing technology account is created in the highway safety fund of the state treasury, to the credit of which shall be deposited all moneys directed by law to be deposited in it. Upon expiration of this section, moneys remaining in the temporary licensing technology account shall be deposited in the general fund. This section expires on July 1, 1997.

NEW SECTION. Sec. 7. RCW 46.20.181 and 1990 c 250 s 41, 1981 c 245 s 2, 1975 1st ex.s. c 191 s 4, 1969 c 99 s 7, 1965 ex.s. c 170 s 46, & 1965 ex.s. c 121 c 17 are each repealed.

NEW SECTION. Sec. 8. Sections 1 through 4, 6, and 7 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect immediately. Section 5 of this act takes effect July 1, 1997.