AN
ACT Relating to alcohol; amending RCW 46.20.311 and 46.20.391; adding a new
section to chapter 46.68 RCW; and prescribing penalties.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
46.20.311 and 1997 c 58 s 807 are each amended to read as follows:
(1)(a)
The department shall not suspend a driver's license or privilege to drive a
motor vehicle on the public highways for a fixed period of more than one year,
except as specifically permitted under RCW 46.20.342 or other provision of
law. Except for a suspension under RCW 46.20.289, 46.20.291(5), or 74.20A.320,
whenever the license or driving privilege of any person is suspended by reason
of a conviction, a finding that a traffic infraction has been committed,
pursuant to chapter 46.29 RCW, or pursuant to RCW 46.20.291 or 46.20.308, the
suspension shall remain in effect until the person gives and thereafter
maintains proof of financial responsibility for the future as provided in
chapter 46.29 RCW. If the suspension is the result of a violation of RCW
46.61.502 or 46.61.504, the department shall determine the person's eligibility
for licensing based upon the reports provided by the alcoholism agency or
probation department designated under RCW 46.61.5056 and shall deny
reinstatement until enrollment and participation in an approved program has
been established and the person is otherwise qualified. Whenever the license
or driving privilege of any person is suspended as a result of certification of
noncompliance with a child support order under chapter 74.20A RCW or a
residential or visitation order, the suspension shall remain in effect until
the person provides a release issued by the department of social and health
services stating that the person is in compliance with the order.
(b)(i)
The department shall not issue to the person a new, duplicate, or renewal
license until the person pays a reissue fee of twenty dollars.
(ii)
If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504,
or is the result of administrative action under RCW 46.20.308, the reissue fee
shall be one hundred fifty dollars.
(2)(a)
Any person whose license or privilege to drive a motor vehicle on the public
highways has been revoked, unless the revocation was for a cause which has been
removed, is not entitled to have the license or privilege renewed or restored
until: (((a))) (i) After the expiration of one year from the
date the license or privilege to drive was revoked; (((b))) (ii)
after the expiration of the applicable revocation period provided by RCW
46.20.3101 or 46.61.5055; (((c))) (iii) after the expiration of
two years for persons convicted of vehicular homicide; or (((d))) (iv)
after the expiration of the applicable revocation period provided by RCW
46.20.265.
(b)(i)
After the expiration of the appropriate period, the person may make application
for a new license as provided by law together with a reissue fee in the amount
of twenty dollars((, but)).
(ii)
If the revocation is the result of a violation of RCW 46.20.308, 46.61.502,
or 46.61.504, the reissue fee shall be one hundred fifty dollars. If
the revocation is the result of a violation of RCW 46.61.502 or 46.61.504, the
department shall determine the person's eligibility for licensing based upon
the reports provided by the alcoholism agency or probation department
designated under RCW 46.61.5056 and shall deny reissuance of a license, permit,
or privilege to drive until enrollment and participation in an approved program
has been established and the person is otherwise qualified.
(c)
Except for a revocation under RCW 46.20.265, the department shall not then
issue a new license unless it is satisfied after investigation of the driving
ability of the person that it will be safe to grant the privilege of driving a
motor vehicle on the public highways, and until the person gives and thereafter
maintains proof of financial responsibility for the future as provided in
chapter 46.29 RCW. For a revocation under RCW 46.20.265, the department shall
not issue a new license unless it is satisfied after investigation of the
driving ability of the person that it will be safe to grant that person the
privilege of driving a motor vehicle on the public highways.
(3)(a)
Whenever the driver's license of any person is suspended pursuant to Article IV
of the nonresident violators compact or RCW 46.23.020 or 46.20.289 or
46.20.291(5), the department shall not issue to the person any new or renewal
license until the person pays a reissue fee of twenty dollars.
(b)
If the suspension is the result of a violation of the laws of this or any other
state, province, or other jurisdiction involving (((a))) (i) the
operation or physical control of a motor vehicle upon the public highways while
under the influence of intoxicating liquor or drugs, or (((b))) (ii)
the refusal to submit to a chemical test of the driver's blood alcohol content,
the reissue fee shall be one hundred fifty dollars.
NEW
SECTION. Sec. 2. A
new section is added to chapter 46.68 RCW to read as follows:
The
impaired driving safety account is created in the custody of the state
treasurer. All receipts from fees collected under RCW 46.20.311 (1)(b)(ii),
(2)(b)(ii), and (3)(b) shall be deposited according to RCW 46.68.041.
Expenditures from this account may be used only to fund projects to reduce
impaired driving and to provide funding to local governments for costs
associated with enforcing laws relating to driving and boating while under the
influence of intoxicating liquor or any drug. The account is subject to
allotment procedures under chapter 43.88 RCW. Moneys in the account may be
spent only after appropriation.
Sec.
3. RCW
46.68.041 and 1995 2nd sp.s. c 3 s 1 are each amended to read as follows:
(1)
Except as provided in subsection (2) of this section, 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.
(2)
Sixty-three percent of each fee collected by the department under RCW 46.20.311
(1)(b)(ii), (2)(b)(ii), and (3)(b) shall be deposited in the impaired driving
safety account.
