BP BHEAD INT S [atlas:bill]

AN ACT Relating to notice of actions against drivers' licenses; amending RCW 46.25.040; and adding a new section to chapter 46.20 RCW.

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

NEW SECTION. Sec. 1. A new section is added to chapter 46.20 RCW to read as follows:

(1) The department shall provide an employee license suspension notification service to participating employers. The department will notify a participating employer if the driver's license of an employee is suspended, revoked, or canceled and the employee's job requires a valid driver's license.

(2)(a) The department shall develop and maintain a listing of persons who:

(i) Possess a valid Washington state driver's license, including a commercial driver's license; and

(ii) Are employed in a position that requires a valid driver's license as a condition of employment.

(b) A licensed driver will be included on the department's list only if the person's employer:

(i) Notifies the department in writing of the person's identity;

(ii) Verifies that the person's employment requires possession of a valid driver's license as a condition of employment; and

(iii) Provides a copy of the employee release required by RCW 46.52.130.

(c) If an employer provides notice to the department under (b) of this subsection, then the employer must notify the department if that person is no longer employed in a position that requires possession of a valid driver's license as a condition of employment.

(3) If the department takes a final agency action suspending, revoking, or canceling a driver's license of a driver on the list maintained under subsection (2) of this section, the department will notify the driver's employer of the suspension, revocation, or cancellation. The notification must be in writing and be mailed to the address provided by the employer.

(4) If the department issues an occupational driver's license under RCW 46.20.391 to a person and the prior suspension, revocation, or cancellation of the driver's license was reported to the person's employer under subsection (3) of this section, the department shall notify the person's employer of the issuance of the occupational driver's license. The notification must be in writing and must include a copy of the restrictions placed upon the occupational driver's license under RCW 46.20.394.

(5) If the department has provided an employer with notice of the suspension, revocation, or cancellation of a driver's license, and the department has reinstated the driver's license, the department must notify the employer in writing of the reinstatement.

Sec. 2. RCW 46.25.040 and 1989 c 178 s 6 are each amended to read as follows:

(1) An employer shall require the applicant to provide the information specified in RCW 46.25.030(3).

(2) No employer may knowingly allow, permit, or authorize a driver to drive a commercial motor vehicle during any period:

(a) In which the driver has a driver's license suspended, revoked, or canceled by a state, has lost the privilege to drive a commercial motor vehicle in a state, or has been disqualified from driving a commercial motor vehicle; or

(b) In which the driver has more than one driver's license.

(3) An employer may elect to participate in the license suspension notification program. In order to participate the employer must provide the department with the notification specified in section 1 of this act.