FINAL BILL REPORT
SB 5374
C 274 L 99
Synopsis as Enacted
Brief Description: Making corrective amendments to certain drivers= licensing laws.
Sponsors: Senators Heavey and Johnson; by request of Department of Licensing.
Senate Committee on Transportation
House Committee on Transportation
Background: The Department of Licensing (DOL) currently issues paper instruction permits not containing a photograph, both for security reasons and to facilitate student participation in traffic safety education courses provided by public schools during on-site school visits. DOL currently waives $1 of the fee charged, as past legislation has indicated that $1 of the fee is for the photograph.
DOL currently has authority to suspend an individual=s driver=s license for failure to pay traffic infractions by the time required. However, the current RCW section authorizing DOL to suspend driver=s licenses for failure to respond to a notice of traffic infraction lacks a reference to the statute authorizing DOL to suspend for failure to pay the traffic infraction penalty.
Recent legislation has restricted participation in a deferred prosecution program for persons arrested for alcohol-related traffic offenses to one program in a person=s lifetime. However, this change was not reflected in DOL=s license sanctions statute.
The current statute addressing driving while license suspended or revoked in the second degree does not reflect conviction of reckless endangerment of roadway workers, nor does it reflect convictions of offenses substantially similar to violations included in this statute (for example, out-of-state convictions).
Recent legislation made occupational driver=s licenses (ODL) available for those individuals with suspended licenses due to alcohol-related traffic offenses. However, this legislation created situations where a driver=s license may be suspended twice for actions arising from the same incident (once as a result of the arrest, and again if the arrest results in a criminal conviction). The procedure for issuance of an ODL is not clear if an individual facing two license suspensions for the same incident applies for an ODL.
The statutory requirement for courts to forward abstracts of convictions for traffic offenses to DOL contains an archaic reference to certification of the abstract.
The authority to suspend and revoke driver=s licenses has been delegated to DOL. However, some lower court decisions have made license suspensions or revocations a duty of the courts.
Recent legislation increased the time period for a revocation of a driver=s license of an individual declared to be an habitual traffic offender from five to seven years. However, this legislation inadvertently omitted a conforming amendment to DOL statutes.
Summary: DOL=s authority to issue non-photo instruction permits for a reduced fee is clarified.
Failure to pay traffic infractions by the time required subjects an individual to license suspension by DOL.
A conforming amendment is made to account for 1998 DUI amendments that restricted participation in a deferred prosecution program to once in a person=s lifetime.
An amendment reflects that individuals driving under a suspended or revoked license due to conviction of reckless endangerment of roadway workers or conviction of an offense substantially similar to violations included in current law are guilty of driving while license suspended or revoked in the second degree.
Procedures for issuance of an ODL where there has been administrative license sanctions imposed as the result of an alcohol-related traffic offense are clarified.
An archaic requirement that abstracts of conviction transmitted by the courts be certified is removed.
License suspension or revocation based on conviction for alcohol-related offenses remains the responsibility of DOL.
An amendment accounts for a change in habitual traffic offender revocation time periods made by the Legislature in 1998.
A motorcycle endorsement authorizes the holder to operate any size motorcycle. Motorcyclists holding a motorcycle learner=s permit are allowed to drive (1) on a controlled, limited access facility and (2) without visual supervision.
Votes on Final Passage:
Senate 45 0
House 91 4 (House amended)
Senate (Senate concurred in part)
House 95 0 (House receded)
Senate 44 0
Effective: July 25, 1999