HOUSE BILL REPORT

                 ESHB 2821

                      As Passed House:

                      February 11, 1998

Title:  An act relating to driver training schools.

Brief Description:  Authorizing branch classrooms for driver training schools.

Sponsors:  By House Committee on Transportation Policy & Budget (originally sponsored by Representatives Radcliff, Cooke, Van Luven and Robertson).

Brief History:

  Committee Activity:

Transportation Policy & Budget:  1/27/98, 2/4/98 [DPS].

Floor Activity:

Passed House:  2/11/98, 95-0.

HOUSE COMMITTEE ON TRANSPORTATION POLICY & BUDGET

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  Signed by 27 members:  Representatives K. Schmidt, Chairman; Hankins, Vice Chairman; Mielke, Vice Chairman; Mitchell, Vice Chairman; Fisher, Ranking Minority Member; Cooper, Assistant Ranking Minority Member; Backlund; Buck; Cairnes; Chandler; Constantine; DeBolt; Gardner; Hatfield; Johnson; McCune; Murray; O'Brien; Ogden; Radcliff; Robertson; Romero; Scott; Skinner; Sterk; Wood and Zellinsky.

Staff:  Paul Neal (786-7315).

Background:  Current law allows driver training schools to have an established place of business and to have branch offices or classrooms.   The law places restrictions on the location of driver training school branch offices or classrooms.  RCW 46.82.360 states that a branch office or classroom may not be located in a house trailer, residence, tent, temporary stand, temporary address, bus, telephone answering service if such service is the sole means of contacting the driver training school, a room or rooms in a hotel or rooming house or apartment house, or premises occupied by a single- or multiple-unit dwelling house.  The Department of Licensing has interpreted the statute to require that a branch office or classroom be in a regularly occupied location used exclusively for the business of giving driver instruction.

Summary of Bill: Driver training schools are authorized to have branch classrooms in locations that are used for other educational purposes.  The driver training school may not move branch classroom locations until completion of scheduled courses.  The records need not be maintained at the school but must be maintained at an established place of business within the state.

Appropriation:  None.

Fiscal Note:  Not requested.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  By requiring that driver training schools only offer classes in facilities that are used solely by the driver training schools, current law restricts the ability of the schools to offer lower cost classes to the public by utilizing multi-use locations.

Testimony Against:  Passage of the bill would be a step backward from the current law, which places restrictions on the location of branch classrooms.  The current law was adopted with the help of the driver training schools to ensure safety for students and combat the "fly-by-night" image of the industry.

Testified:  Gary Probst, Diamond Driving School (pro); Tamara Smith, independent contractor (pro); Daniel Lilleness, Washington Professional Driver Education Association/Evergreen Driving School (con); Ken Coffin, Defensive Driving School, Inc. (con); and David Sedelmeier, driving school instructor (pro).