SENATE BILL REPORT

                   SB 6187

              As Reported By Senate Committee On:

                Law & Justice, January 22, 1998

Title:  An act relating to alcohol.

Brief Description:  Adding penalties for alcohol offenders.

Sponsors:  Senators Stevens, Oke, Schow, Benton, Zarelli and Swecker

Brief History:

Committee Activity:  Law & Justice:  1/15/98, 1/22/98 [DPS].

SENATE COMMITTEE ON LAW & JUSTICE

Majority Report:  That Substitute Senate Bill No. 6187 be substituted therefor, and the substitute bill do pass.

  Signed by Senators Roach, Chair; Johnson, Vice Chair; Goings, Hargrove, Long, McCaslin, Stevens and Zarelli.

Staff:  Lidia Mori (786-7755)

Background:  The Department of Licensing (DOL) is authorized to cancel a person=s identicard or suspend or revoke a person=s driver=s license under certain circumstances specified in statute.  A person whose license is suspended or revoked due to a violation of the laws pertaining to driving under the influence may seek reinstatement of the license or a new license after the passage of the suspension or revocation period by showing proof of financial responsibility and payment of a reissue fee.  In addition, the department determines eligibility for licensing based upon reports provided by the alcoholism agency or probation department regarding the person=s enrollment and participation in an approved program.  A person whose license is revoked must also successfully pass a driver licensing examination.

Summary of Substitute Bill:  The identicard of a person who is convicted of driving under the influence of alcohol must be canceled by the Department of Licensing.  The new identicard must be clearly marked by the department to show that the person has been convicted of DUI within the last five years.

A person who is seeking to have his or her license reinstated after suspension for DUI must pay a reissue fee of $20.  In addition, the person must pay $100 if the DUI conviction is the person=s first such conviction, $250 if the DUI conviction is the person=s second such conviction, and $500 if the conviction is the person=s third or subsequent conviction.

A new license may not be issued to a person whose license has been revoked due to driving under the influence of alcohol until he or she pays a reissue fee of $20.  In addition, the person must pay $100 if the DUI conviction is the person=s first such conviction, $250 if the DUI conviction is the person=s second such conviction, and $500 if the conviction is the person=s third or subsequent conviction.

The department is required to mark a new or reissued license that is issued after a period of suspension or revocation to show that the person has been convicted of a DUI violation within the last five years.  The department continues to so mark any license it issues to the person for five years.

A person convicted of DUI may obtain an occupational driver=s license only after successful completion of the driver=s license examination and payment of a fee of $100 if the conviction is the person=s first such conviction, $250 if the DUI conviction is the person=s second conviction, and $500 if the conviction is the person=s third or subsequent conviction.  The occupational license must be clearly marked to show that the person=s regular license was suspended or revoked due to a DUI conviction.

The impaired driving safety account is created and 75 percent of the new fees collected are deposited in this account.  The money may only be used by the Washington Traffic Safety Commission to fund projects to reduce impaired driving.

Substitute Bill Compared to Original Bill:  To obtain an identicard within five years of conviction of a DUI, the person must reapply, pay the fee of $4, and in addition, pay $100 if it is the person=s first DUI conviction.  If it is the person=s second conviction, the additional fee is $250.  If the conviction is the person=s third or subsequent conviction of DUI, the additional fee of $500 must be paid to obtain a new identicard.  These fees are removed in the substitute bill.

The additional fees collected for obtaining a new or reissued driver=s license after suspension or revocation due to a DUI or for obtaining an occupational license when the person=s original license was suspended or revoked due to a DUI conviction are to be deposited in the impaired driving safety account.  Seventy-five percent of the funds may be used by the Washington State Traffic Safety Commission to fund projects to reduce impaired driving.

Appropriation:  None.

Fiscal Note:  Requested.

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

Testimony For:  We must remember the impact of driving under the influence of alcohol offenses, not only the physical and emotional impact, but the fiscal impact also.  Identicards are used when people buy liquor to show the age of the person.  That is why they should be  marked when a person has been convicted of DUI.

Testimony Against:  None.

Testified:  Senator Val Stevens, prime sponsor.