2033-S AMH KAGI TAYL 31

SHB 2033 - H AMD

By Representative Kagi

Strike everything after the enacting clause and insert the following:

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

(1)(a) Any person who had his or her driving privileges revoked for an alcohol related conviction under RCW 13.40.265 or RCW 66.44.365 may apply for an occupational driver=s license if he or she meets the following requirements:

(i) (A) Has obtained a valid driver=s instruction permit and has successfully passed a driver licensing examination that would otherwise qualify the applicant for a driver=s license had he or she not been subject to the revocation; or (B) Had a valid driver=s license at the time of the initial revocation;

(ii) Is sixteen years of age or older;

(iii) Has completed a traffic safety education program approved and accredited by the office of the superintendent of public instruction or a course of instruction offered by a licensed driver training school as defined by RCW 46.82.280(1);

(iv)Pays the occupational driver=s license application fee pursuant to RCW 46.20.380 and any other required fees under this chapter;

(v) Within one year immediately preceding the date of the offense that gave rise to the present conviction, the applicant has not committed any offense relating to motor vehicles for which suspension or revocation of a driver=s license is mandatory;

(vi)Within seven years immediately preceding the date of the offense that gave rise to the present conviction or incident, the applicant has not committed any of the following offenses: (A) Driving or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor; (B) vehicular homicide under RCW 46.61.520; or (C) vehicular assault under RCW 46.61.522;

(vii)Is engaged in an occupation, trade, apprenticeship, or on-the-job training that makes it essential that he or she operate a motor vehicle; and

(viii)Files satisfactory proof of financial responsibility under chapter 46.29 RCW.

(b) The department, upon receipt of the prescribed fee and application and upon determining that the applicant is engaged in an occupation, trade, apprenticeship or on-the-job training that makes it essential that the applicant operate a motor vehicle, may issue an occupational driver=s license and may set definite restrictions as provided in RCW 46.20.394. No person may petition for, and the department shall not issue, an occupational driver=s license that is effective during the first thirty days of any suspension or revocation.

(C) An occupational driver's license issued to an applicant under this section shall be valid for the period of the suspension or revocation but not more than two years. An applicant may apply for the renewal of an occupational driver=s license.

(2)(A)Any person who had his or her driving privileges revoked as a juvenile for an alcohol related conviction under RCW 13.40.265 or RCW 66.44.365 and was not otherwise eligible to drive at the time of the initial revocation may apply for a driver=s instruction permit if the applicant has passed all the parts of the examination other than the driving test, provided the information required by RCW 46.20.091, paid any required fees under RCW 46.20.055, and meets the following requirements:

(i) Is at least sixteen years of age;

(ii) Has submitted a proper application; and

(iii) Is enrolled in a traffic safety education program approved and accredited by the office of the superintendent of public instruction or a course of instruction offered by a licensed driver training school as defined by RCW 46.82.280(1).

(B) A person holding a driver=s instruction permit may drive a motor vehicle, other than a motorcycle, upon the public highway if:

(i) The person has immediate possession of the permit; and

(ii) An approved instructor, or licensed driver with at least five years of driving experience, occupies a seat beside the driver.

(3)The director shall cancel an occupational driver's license upon receipt of notice that the holder thereof has been convicted of operating a motor vehicle in violation of its restrictions, or of a separate offense that under chapter 46.20 RCW would warrant suspension or revocation of a regular driver's license. The cancellation is effective as of the date of the conviction, and continues with the same force and effect as any suspension or revocation under this title.

(4) For the purposes of this section, if transportation to and from a place of employment is essential, an occupational driver=s license may be granted.@

Correct the title.