H-3167.3  _______________________________________________

                          HOUSE BILL 2440

          _______________________________________________

State of Washington      56th Legislature     2000 Regular Session

By Representatives Mitchell, Fisher, Hankins, Edwards, Cooper, Ruderman, Pflug, Wood and Hurst

Read first time 01/13/2000.  Referred to Committee on Transportation.

Making driver licensing laws more understandable.

    AN ACT Relating to technical editing of driver licensing statutes; amending RCW 46.04.168, 46.20.049, 46.20.207, 46.20.215, 46.20.292, 46.20.293, 46.20.300, 46.20.311, 46.20.315, 46.20.317, 46.20.320, 46.20.322, 46.20.323, 46.20.325, 46.20.326, 46.20.327, 46.20.328, 46.20.329, 46.20.331, 46.20.332, 46.20.333, 46.20.334, 46.20.335, 46.20.380, 46.20.394, 46.20.400, 46.20.500, and 46.20.520; reenacting and amending RCW 46.20.505; creating a new section; and declaring an emergency.

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

NEW SECTION. Sec. 1.  (1) This act is intended to edit some of the statutes relating to driver's licenses in order to make those statutes more comprehensible to the citizenry of the state of Washington.  The legislature does not intend to make substantive changes in the meaning, interpretation, court construction, or constitutionality of any provision of chapter 46.20 RCW or other statutory provisions or rules adopted under those provisions.

    (2) This act is technical in nature and does not terminate or in any way modify any rights, proceedings, or liabilities, civil or criminal, that exist on the effective date of this act.

    Sec. 2.  RCW 46.04.168 and 1999 c 6 s 2 are each amended to read as follows:

    "Driving privilege withheld" or any form of the verb "withhold," in conjunction with the phrase "driving privilege," means that the department proposes to revoke, suspend, or deny or has revoked, suspended, or denied a person's Washington state driver's license, permit to drive, driving privilege, or nonresident driving privilege.

    Sec. 3.  RCW 46.20.049 and 1999 c 308 s 4 are each amended to read as follows:

    There ((shall be an additional)) is a fee for issuing any class of commercial driver's license in addition to the prescribed fee required for the issuance of the original driver's license.  The ((additional)) fee for each class ((shall)) may not exceed twenty dollars for the original commercial driver's license or subsequent renewals, unless the commercial driver's license is renewed or extended for a period other than five years, in which case the fee for each class ((shall)) may not exceed four dollars for each year that the commercial driver's license is renewed or extended.  ((The fee shall be deposited in the highway safety fund.))

    Sec. 4.  RCW 46.20.207 and 1993 c 501 s 3 are each amended to read as follows:

    (1) The department ((is authorized to)) may cancel any driver's license ((upon determining that)) if:

(a) The licensee was not entitled to the issuance of the license((, or that));

(b) The licensee failed to give the required or correct information in his or her application((,)); or ((that))

(c) The licensee is incompetent to drive a motor vehicle for any of the reasons under RCW 46.20.031 (4) and (7).

    (2) Upon ((such)) cancellation, the licensee must surrender the license ((so canceled)) to the department.

    Sec. 5.  RCW 46.20.215 and 1979 ex.s. c 136 s 57 are each amended to read as follows:

    (1) The department may withhold the driving privilege of ((driving a motor vehicle on the highways of this state given to)) a nonresident ((hereunder shall be subject to suspension or revocation by the department in like manner and for like cause as)) in the same manner that a ((driver's license)) driving privilege issued ((hereunder)) under this chapter may be ((suspended or revoked)) withheld.

    (2) The department shall, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this state, forward a report of ((such)) the conviction to the motor vehicle administrator in the state ((wherein)) where the person ((so)) convicted ((is a resident.  Such)) resides or is licensed.  The report ((shall)) must:

(a) Clearly identify the person convicted;

(b) Describe the violation specifying the section of the statute, code, or ordinance violated;

(c) Identify the court in which action was taken; and

(d) Indicate whether a plea of guilty or not guilty was entered, or whether the conviction was a result of the forfeiture of bail, bond, or other security.

    (3) The department shall, upon receiving a record of the commission of a traffic infraction in this state by a nonresident driver of a motor vehicle, forward a report of the traffic infraction to the motor vehicle administrator in the state where the person who committed the infraction resides or is licensed.  The report ((shall)) must:

(a) Clearly identify the person found to have committed the infraction;

(b) Describe the infraction, specifying the section of the statute, code, or ordinance violated;

(c) Identify the court in which action was taken; and

(d) Indicate whether the determination that an infraction was committed was contested or whether the individual failed to respond to the notice of infraction.

    Sec. 6.  RCW 46.20.292 and 1979 c 61 s 8 are each amended to read as follows:

    The department may ((suspend, revoke,)) (a) withhold the driving privilege of a person or (b) restrict((,)) or condition any driver's license upon a showing of its records that the licensee has been found by a juvenile court, chief probation officer, or any other duly authorized officer of a juvenile court to have committed any offense ((or offenses which)) that under Title 46 RCW ((constitutes grounds for said)) warrants the action.

    Sec. 7.  RCW 46.20.293 and 1999 c 86 s 3 are each amended to read as follows:

    The department ((is authorized to)) may provide juvenile courts with the department's record of traffic charges compiled under RCW 46.52.101 and 13.50.200, against any minor upon the request of any state juvenile court or duly authorized officer of any juvenile court of this state.  Further, the department ((is authorized to)) may provide any juvenile court with any requested service ((which)) that the department can reasonably perform ((which)), that is not inconsistent with its legal authority ((which)), that substantially aids juvenile courts in handling traffic cases, and ((which)) that promotes highway safety.

    The department ((is authorized to)) may furnish to the parent, parents, or guardian of any person under eighteen years of age who is not emancipated from ((such)) the parent, parents, or guardian, the department records of traffic charges compiled against the person and shall collect for the copy a fee of four dollars and fifty cents, to be deposited in the highway safety fund.

    Sec. 8.  RCW 46.20.300 and 1989 c 337 s 7 are each amended to read as follows:

    The ((director of licensing)) department shall ((suspend, revoke,)) withhold the driving privileges or cancel the ((vehicle)) driver's license of any resident of this state upon receiving notice of the conviction of ((such)) the person in another state of an offense ((therein which)) that, if committed in this state, would ((be ground for the suspension or revocation of the vehicle driver's license.  The director may further, upon receiving a record of the conviction in this state of a nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this state, forward a certified copy of such record to the motor vehicle administrator in the state of which the person so convicted is a resident; such record to consist of a copy of the judgment and sentence in the case)) warrant withholding the driving privilege.

    Sec. 9.  RCW 46.20.311 and 1998 c 212 s 1 are each amended to read as follows:

    (1)(a) Duration of license suspension.  The department ((shall)) may 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)) otherwise permitted ((under RCW 46.20.342 or other provision of)) by law.  Except for a suspension under Article IV of the nonresident violators compact, RCW 46.20.289, 46.20.291(5), 46.23.020, or 74.20A.320, ((whenever)) if 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)) under chapter 46.29 RCW, or ((pursuant to)) under RCW 46.20.291 or 46.20.308, the suspension ((shall)) remains 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)) If 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)) remains 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) Reissue fee.  If a licensee whose license has been suspended qualifies for reinstatement under this chapter, he or she must pay a reissue fee in order to receive a driver's license.

    (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, or a violation of the laws of this or any other state, province, or other jurisdiction involving (A) the operation or physical control of a motor vehicle upon the public highways while under the influence of intoxicating liquor or drugs, or (B) the refusal to submit to a chemical test of the driver's blood alcohol content, the reissue fee ((shall be)) is one hundred fifty dollars.

(ii) If the suspension is for any other reason, the reissue fee is twenty dollars.

    (2)(a) Duration of license revocation.  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:  (i) After the expiration of one year from the date the license or privilege to drive was revoked; (ii) after the expiration of the applicable revocation period provided by RCW 46.20.3101 or 46.61.5055; (iii) after the expiration of two years for persons convicted of vehicular homicide; or (iv) after the expiration of the applicable revocation period provided by RCW 46.20.265.

    (b) Restoration of revoked license.

    (i) After the expiration of the appropriate period, ((the)) a person may ((make application)) apply for a new license as provided by law together with ((a)) the reissue fee in the amount of twenty dollars.

    (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)) is 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))) (iii) Except for a revocation under RCW 46.20.265, the department ((shall)) may 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.

(iv) For a revocation under RCW 46.20.265, the department ((shall)) may 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 (i) the operation or physical control of a motor vehicle upon the public highways while under the influence of intoxicating liquor or drugs, or (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.))

    Sec. 10.  RCW 46.20.315 and 1985 c 302 s 1 are each amended to read as follows:

    ((The department upon suspending or revoking a license shall require that such license shall be surrendered to and be retained by)) A person whose driving privilege has been withheld must surrender his or her license or permit to the department.

    Sec. 11.  RCW 46.20.317 and 1975-'76 2nd ex.s. c 29 s 2 are each amended to read as follows:

    The department ((is hereby authorized to)) may place any unlicensed person into a suspended or revoked status under any circumstances ((which)) that would have resulted in the suspension or revocation of the driver's license had that person been licensed.

    Sec. 12.  RCW 46.20.320 and 1967 c 32 s 30 are each amended to read as follows:

    ((Any suspension, revocation,)) Withholding the driving privilege or cancellation of a ((vehicle)) driver's license ((shall be in effect notwithstanding)) is effective regardless of whether the ((certificate)) driver's license itself ((is not)) has been delivered ((over)) to, or is in the possession ((thereof obtained by)) of, a court, an officer, or the director.

    Sec. 13.  RCW 46.20.322 and 1979 c 61 s 10 are each amended to read as follows:

    (1) ((Whenever the department proposes to suspend or revoke the driving privilege of any person or proposes to impose terms of probation on a person's driving privilege or proposes to refuse to renew a driver's license, notice and an opportunity for a driver improvement interview shall be given before taking such action, except as provided in RCW 46.20.324 and 46.20.325.

    (2) Whenever the department proposes to suspend, revoke, restrict, or condition a minor driver's driving privilege the department may require the appearance of the minor's legal guardian or father or mother, otherwise the  parent or guardian having)) Except as provided in RCW 46.20.324 and 46.20.325, the department must provide notice and an opportunity for a driver improvement interview if it proposes to:

(a) Withhold the driving privilege of a person other than for failure of a test required under this chapter; or

(b) Impose terms of probation on a person's driving privilege.

(2) If the person affected under subsection (1) of this section is a minor, the department may require the appearance of the parent or guardian who has custody of the minor.

    Sec. 14.  RCW 46.20.323 and 1965 ex.s. c 121 s 30 are each amended to read as follows:

    The notice ((shall)) of a driver improvement interview must contain a statement setting forth the proposed action and the grounds therefor, and notify the person to appear for a driver improvement interview not less than ten days from the date notice is given.

    Sec. 15.  RCW 46.20.325 and 1965 ex.s. c 121 s 32 are each amended to read as follows:

    ((In the alternative to the procedure set forth in RCW 46.20.322 and 46.20.323)) The department((,)) shall immediately suspend a person's driving privilege or impose reasonable terms and conditions of probation consistent with the safe operation of a motor vehicle whenever it determines from its records or other sufficient evidence that the safety of persons upon the highways requires ((such)) that action((, shall forthwith and without a driver improvement interview suspend the privilege of a person to operate a motor vehicle or impose reasonable terms and conditions of probation consistent with the safe operation of a motor vehicle)).  The department shall ((in such case,)) immediately notify ((such)) the licensee in writing and ((upon his request)), if requested in writing, shall afford ((him)) the licensee an opportunity for a driver improvement interview as early as practical ((within not to exceed)), but not more than seven days after receipt of ((such)) the request((, or)).  Alternatively, the department, at the time it gives notice, may set the date of a driver improvement interview((, giving not less than ten days' notice thereof)) to be held not less than ten days from the date notice is given.  A driver improvement interview is not required before license suspension or restriction under this section.

    Sec. 16.  RCW 46.20.326 and 1990 c 250 s 46 are each amended to read as follows:

    ((Failure)) (1) A driver waives the opportunity for a driver improvement interview if he or she (a) fails to appear for a driver improvement interview at the time and place stated by the department in its notice as provided in RCW 46.20.322 and 46.20.323; or ((failure)) (b) fails to request a driver improvement interview within ten days as provided in RCW 46.20.325 ((constitutes a waiver of a driver improvement interview, and)).

(2) In the event of a waiver, the department may:

(a) Take action without ((such)) the driver improvement interview((, or the department may, upon request of the person whose privilege to drive may be affected, or at its own option, re-open));

(b) Reopen the case, take evidence, or change or set aside any order ((theretofore made,)); or

(c) Grant a driver improvement interview.

(3) Action under subsection (2)(b) of this section may be taken upon request of the person whose privilege to drive may be affected, or at the department's option.

    Sec. 17.  RCW 46.20.327 and 1965 ex.s. c 121 s 34 are each amended to read as follows:

    A driver improvement interview ((shall)) must be conducted in a completely informal manner before a driver improvement analyst sitting as a referee((.  The applicant or licensee shall have the right to make or file a written answer or statement in which he may controvert any point at issue, and present any evidence or arguments for the consideration of the department pertinent to the action taken or proposed to be taken or the grounds therefor.  The department may consider its records relating to the applicant or licensee.  The driver improvement interview shall)), and is not ((be deemed)) an agency hearing.  The department shall consider:

(1) Any answer or evidence presented by the applicant or licencee; and

(2) Its own records.

    Sec. 18.  RCW 46.20.328 and 1979 c 61 s 11 are each amended to read as follows:

(1) Upon the conclusion of a driver improvement interview, the department's referee shall make findings on the matter under consideration and shall notify the person involved of the findings, in writing and by personal service ((of the findings)) or by certified mail.  ((The referee's findings shall be final unless the person involved is notified to the contrary by personal service or by certified mail within fifteen days.))  The decision is effective upon notice.  The person upon receiving such notice may, in writing and within ten days, request a formal hearing.

(2) The department may reconsider the decision of the referee.  If the department reverses the referee's decision, it must notify the person involved by personal service or certified mail within fifteen days of the date of the referee's decision.

    Sec. 19.  RCW 46.20.329 and 1982 c 189 s 4 are each amended to read as follows:

(1) Setting the hearing.  Upon receiving a request for a formal hearing ((as provided in)) under RCW 46.20.328, the department shall ((fix a time and place for)) arrange a hearing as early as ((may be arranged)) possible in the county where the applicant or licensee resides((, and)).  The department shall give ten days' notice of the hearing to the applicant or licensee, except that the applicant or licensee may agree to set the hearing ((may be set)) for a different place ((with the concurrence of the applicant or licensee and)) or waive the period of notice ((may be waived)).

(2) Stay.  Any decision by the department suspending or revoking a person's driving privilege ((shall be)) is stayed and ((shall)) does not take effect ((while a formal hearing is pending as herein provided or)) during the pendency of a formal hearing or subsequent appeal to superior court((:  PROVIDED, That this)).  The stay ((shall be)) is effective only so long as there is no conviction of a moving violation or a finding that the person has committed a traffic infraction ((which)) that is a moving violation during pendency of hearing and appeal((:  PROVIDED FURTHER, That nothing in this section shall be construed as prohibiting)).  The department ((from seeking)) may seek an order setting aside the stay during the pendency of ((such)) an appeal in those cases where the action of the department is based upon physical or mental incapacity, or a failure to successfully complete an examination required by this chapter.

    ((A formal hearing shall be conducted by the director or by a person or persons appointed by the director from among the employees of the department.))

    Sec. 20.  RCW 46.20.331 and 1989 c 175 s 111 are each amended to read as follows:

    The ((director may appoint a designee, or designees, to preside over hearings in adjudicative proceedings that may result in the denial, restriction, suspension, or revocation of a driver's license or driving privilege, or in the imposition of requirements to be met prior to issuance or reissuance of a driver's license, under Title 46 RCW)) formal hearing must be conducted by a person or persons appointed by the director from among the employees of the department.  The director may delegate to any such ((designees)) appointee the authority to render the final decision of the department in ((such)) the proceedings.  Chapter 34.12 RCW ((shall)) does not apply to ((such)) these proceedings.

    Sec. 21.  RCW 46.20.332 and 1972 ex.s. c 29 s 2 are each amended to read as follows:

(1) At a formal hearing the department:

(a) Shall consider its records ((and));

(b) May receive sworn testimony ((and));

(c) May issue subpoenas for the attendance of witnesses and the production of relevant books and papers ((in the manner and subject to the conditions provided in)) under chapter 5.56 RCW ((relating to the issuance of subpoenas.  In addition the department)); and

(d) May require a reexamination of the licensee or applicant.

(2) Proceedings at a formal hearing ((shall)) must be recorded stenographically or by mechanical device.  Upon the conclusion of a formal hearing, if not heard by ((the director or)) a person authorized by ((him)) the director to make final decisions regarding ((the issuance, denial, suspension or revocation of licenses)) withholding of driving privileges, the referee ((or board)) shall make findings on the matters under consideration and may prepare and submit recommendations to the ((director or such)) person ((designated)) authorized by the director ((who is authorized)) to make final decisions regarding ((the issuance, denial, suspension, or revocation of licenses)) withholding of driving privileges.

    Sec. 22.  RCW 46.20.333 and 1972 ex.s. c 29 s 3 are each amended to read as follows:

    In all cases not heard by ((the director or)) a person authorized by ((him)) the director to make final decisions regarding ((the issuance, denial, suspension, or revocation of licenses the director, or)) withholding of driving privileges, a person so authorized shall review the records, evidence, and the findings after a formal hearing, and shall:

(1) Render a decision sustaining, modifying, or reversing the order ((of suspension or revocation or the refusal to grant, or)) withholding the driving privilege;

(2) Renew a license or the order imposing terms or conditions of probation((,)); or ((may))

(3) Set aside the prior action of the department and ((may)) direct that probation be granted to the applicant or licensee ((and in such case may fix)) fixing the terms and conditions of the probation.

    Sec. 23.  RCW 46.20.334 and 1972 ex.s. c 29 s 4 are each amended to read as follows:

    ((Any person denied a license or a renewal of a license or whose license has been suspended or revoked by the department except where such suspension or revocation is mandatory under the provisions of this chapter shall have the right within thirty days, after receiving notice of the decision following a formal hearing to file a notice of appeal in the superior court in the county of his residence.  The hearing on the appeal hereunder shall be)) (1) If the department withholds the driving privilege of a person, the person may appeal except where the suspension or revocation is mandatory under this chapter.

(2) The petitioner must file the notice of appeal (a) in the superior court in the county where the petitioner resides and (b) within thirty days after receiving notice of the decision after a formal hearing.

(3) The standard of review on appeal is de novo.

    Sec. 24.  RCW 46.20.335 and 1965 ex.s. c 121 s 40 are each amended to read as follows:

    ((Whenever by any provision of this chapter)) If the department has discretionary authority under this chapter to ((suspend or revoke)) withhold the driving privilege of a person ((to operate a motor vehicle)), the department may ((in lieu of a suspension or revocation)) instead place the person on probation, the terms of which may include a suspension as a condition of probation, ((and)) upon ((such other)) reasonable terms and conditions ((as shall be)) deemed appropriate by the department ((to be appropriate)).

    Sec. 25.  RCW 46.20.380 and 1985 ex.s. c 1 s 6 are each amended to read as follows:

    ((No person may file an application for an occupational driver's license as provided in RCW 46.20.391 unless he or she first pays to the director or other person authorized to accept applications and fees for driver's licenses)) An applicant for an occupational driver's license under RCW 46.20.391 must pay a fee of twenty-five dollars.  Upon payment, the applicant ((shall)) will receive ((upon payment)) an official receipt for the payment of ((such)) the fee.  ((All such fees shall be forwarded to the director who shall transmit such fees to the state treasurer in the same manner as other driver's license fees.))

    Sec. 26.  RCW 46.20.394 and 1999 c 272 s 2 are each amended to read as follows:

(1) In issuing an occupational driver's license under RCW 46.20.391, the department shall describe the type of occupation permitted and shall set forth in detail:

(a) The specific hours of the day during which the person may drive to and from his or her place of work, which may not exceed twelve hours in any one day;

(b) The days of the week during which the license may be used; and

(c) The general routes over which the person may travel.

(2) In issuing an occupational driver's license under RCW 46.20.391(2)(a)(iv), the department shall set forth in detail:

(a) The specific hours during which the person may drive to and from substance abuse treatment or meetings of a twelve-step group such as Alcoholics Anonymous((,));

(b) The days of the week during which the license may be used((,)); and

(c) The general routes over which the person may travel.  ((These restrictions shall be prepared in written form by the department, which document shall))

(3) The department shall prepare these restrictions in written form to be carried in the vehicle at all times ((and)).  The written restrictions must be presented to a law enforcement officer under the same terms as the occupational driver's license.  Any violation of the restrictions ((constitutes)) is a violation of RCW 46.20.342 ((and subjects the person to all procedures and penalties therefor)).

    Sec. 27.  RCW 46.20.400 and 1967 c 32 s 33 are each amended to read as follows:

    If the holder of an occupational driver's license ((is issued and is not revoked during the period for which issued the licensee may obtain a new driver's license at the end of such period, but no new driver's permit shall be issued to such person until he surrenders his occupational driver's license and his copy of the order and the director)) qualifies for a new driver's license under this chapter, he or she must surrender the occupational driver's license as a condition of obtaining the new driver's license.  The department will not issue a new driver's license until it is satisfied that ((he)) the licensee complies with all other provisions of law relative to the issuance of a driver's license.

    Sec. 28.  RCW 46.20.500 and 1999 c 274 s 8 are each amended to read as follows:

(1) Operating a motorcycle.  No person may drive a motorcycle or a motor-driven cycle ((unless such person has)) without first obtaining a valid driver's license specially endorsed by the director to enable the holder to drive such vehicles.  ((However,))

(2) Operating a moped.  A person sixteen years of age or older, holding a valid driver's license of any class issued by the state of the person's residence, may operate a moped without taking any special examination for the operation of a moped.  ((No driver's license is required for operation of an electric-assisted bicycle if the operator))

(3) Operating an electric-assisted bicycle.  A person who is at least sixteen years of age may operate an electric-assisted bicycle without a driver's license.  Persons under sixteen years of age may not operate an electric-assisted bicycle.

    Sec. 29.  RCW 46.20.505 and 1999 c 308 s 5 and 1999 c 274 s 9 are each reenacted and amended to read as follows:

    ((Every person applying)) An applicant for a special endorsement of a driver's license authorizing ((such)) the person to drive a motorcycle or a motor-driven cycle shall pay ((an)) a nonrefundable examination fee of two dollars ((which is not refundable)).  ((In addition)) Additionally, the endorsement fee for the initial motorcycle endorsement ((shall)) may not exceed ten dollars, and the subsequent renewal endorsement fee ((shall)) may not exceed twenty-five dollars, unless the endorsement is renewed or extended for a period other than five years, in which case the subsequent renewal endorsement fee ((shall)) may not exceed five dollars for each year that the endorsement is renewed or extended.  The initial and renewal endorsement fees shall be deposited in the motorcycle safety education account of the highway safety fund.

    Sec. 30.  RCW 46.20.520 and 1998 c 245 s 89 are each amended to read as follows:

    (1) The director of licensing shall use moneys designated for the motorcycle safety education account of the highway safety fund to implement ((by July 1, 1983,)) a voluntary motorcycle operator training and education program.  The director may contract with public and private entities to implement this program.

    (2) ((There is created)) A motorcycle safety education advisory board is created to assist the director of licensing in the development of a motorcycle operator training and education program.  The board shall monitor this program ((following)) after implementation and report to the director of licensing as necessary with recommendations including, but not limited to, administration, application, and substance of the motorcycle operator training and education program.

(a) The board ((shall)) consists of five members appointed by the director of licensing.  Three members of the board, one of whom ((shall)) must be appointed chairperson, ((shall)) must be active motorcycle riders or members of nonprofit motorcycle organizations ((which)) that actively support and promote motorcycle safety education.  One member ((shall)) must be a currently employed Washington state patrol motorcycle officer with at least five years experience and at least one year cumulative experience as a motorcycle officer.  One member ((shall)) must be a member of the public.  The term of appointment ((shall be)) is two years.

(b) The board shall meet at the call of the director, but not ((less)) fewer than two times annually and not ((less)) fewer than five times during its term of appointment((, and shall)).  Board members receive no compensation for services but ((shall)) will be reimbursed for travel expenses while engaged in business of the board in accordance with RCW 43.03.050 and 43.03.060 ((as now existing or hereafter amended)).

    (3) The priorities of the program ((shall be)) are in the following order of priority:

    (a) Public awareness of motorcycle safety.

    (b) Motorcycle safety education programs conducted by public and private entities.

    (c) Classroom and on-cycle training.

    (d) Improved motorcycle operator testing.

NEW SECTION. Sec. 31.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.

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