BILL REQ. #:  H-0939.1 

Read first time 01/30/2003.   Referred to Committee on Judiciary.

     AN ACT Relating to restricted drivers' licenses for alcohol violators; amending RCW 46.20.380 and 46.20.394; and reenacting and amending RCW 46.20.3101 and 46.20.391.

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

Sec. 1   RCW 46.20.3101 and 1998 c 213 s 2, 1998 c 209 s 2, and 1998 c 207 s 8 are each reenacted and amended to read as follows:
     Pursuant to RCW 46.20.308, the department shall suspend, revoke, or deny the arrested person's license, permit, or privilege to drive as follows:
     (1) In the case of a person who has refused a test or tests:
     (a) For a first refusal within seven years, where there has not been a previous incident within seven years that resulted in administrative action under this section, revocation or denial for one year;
     (b) For a second or subsequent refusal within seven years, or for a first refusal where there has been one or more previous incidents within seven years that have resulted in administrative action under this section, revocation or denial for two years or until the person reaches age twenty-one, whichever is longer. A revocation imposed under this subsection (1)(b) shall run consecutively to the period of any suspension, revocation, or denial imposed pursuant to a criminal conviction arising out of the same incident.
     (2) In the case of an incident where a person has submitted to or been administered a test or tests indicating that the alcohol concentration of the person's breath or blood was 0.08 or more:
     (a) For a first incident within seven years, where there has not been a previous incident within seven years that resulted in administrative action under this section, suspension for ninety days;
     (b) For a second or subsequent incident within seven years, revocation or denial for two years.
     (3) In the case of an incident where a person under age twenty-one has submitted to or been administered a test or tests indicating that the alcohol concentration of the person's breath or blood was in violation of RCW 46.61.502, 46.61.503, or 46.61.504:
     (a) For a first incident within seven years, suspension or denial for ninety days;
     (b) For a second or subsequent incident within seven years, revocation or denial for one year or until the person reaches age twenty-one, whichever is longer.
     (4) The person whose license or privilege has been suspended, revoked, or denied may apply to the department for issuance of a restricted driver's license under RCW 46.20.391 upon furnishing to the department proof that an approved ignition interlock or other approved biological or technical device has been installed on his or her vehicle. The person shall maintain the approved device on his or her vehicle and operate only that vehicle that is equipped with an approved device throughout the term of the suspension, revocation, or denial. A restricted license granted under this chapter extends through the period of any suspension, revocation, or denial imposed under a criminal conviction arising out of the same incident.

Sec. 2   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)) a restricted 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 a fee of twenty-five dollars. The applicant shall receive upon payment an official receipt for the payment of such 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. 3   RCW 46.20.391 and 1999 c 274 s 4 and 1999 c 272 s 1 are each reenacted and amended to read as follows:
     (1) Any person licensed under this chapter who is convicted of an offense relating to motor vehicles for which suspension or revocation of the driver's license is mandatory, other than vehicular homicide or vehicular assault, or who has had his or her license suspended under RCW 46.20.3101 (2)(a) or (3)(a), may submit to the department an application for ((an occupational)) a restricted driver's license. The department, upon receipt of the prescribed fee and upon determining that the petitioner is ((engaged in an occupation or trade that makes it essential that the petitioner operate a motor vehicle)) eligible to receive the license under subsection (3) of this section, may issue ((an occupational)) a restricted 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)) a restricted driver's license that is effective during the first thirty days of any suspension ((or revocation)) imposed ((either)) for a violation of RCW 46.61.502 or 46.61.504 or under RCW 46.20.3101 (2)(a) or (3)(a), or for both a violation of RCW 46.61.502 or 46.61.504 and under RCW 46.20.3101 (2)(a) or (3)(a) where the action arises from the same incident unless the petitioner furnishes proof to the department that he or she has installed an approved ignition interlock or other approved biological or technical device in his or her vehicle. The person shall maintain the device in his or her vehicle and operate only that vehicle that is equipped with an approved device throughout the term of the suspension, revocation, or denial.
     A person aggrieved by the decision of the department on the application for ((an occupational)) a restricted driver's license may request a hearing as provided by rule of the department.
     (2)(a) A person licensed under this chapter whose driver's license is suspended administratively due to failure to appear or pay a traffic ticket under RCW 46.20.289; a violation of the financial responsibility laws under chapter 46.29 RCW; or for multiple violations within a specified period of time under RCW 46.20.291, may apply to the department for an occupational driver's license if the applicant demonstrates to the satisfaction of the department that one of the following additional conditions are met:
     (i) The applicant is in an apprenticeship program or an on-the-job training program for which a driver's license is required;
     (ii) The applicant presents evidence that he or she has applied for a position in an apprenticeship or on-the-job training program and the program has certified that a driver's license is required to begin the program, provided that a license granted under this provision shall be in effect no longer than fourteen days;
     (iii) The applicant is in a program that assists persons who are enrolled in a WorkFirst program pursuant to chapter 74.08A RCW to become gainfully employed and the program requires a driver's license; or
     (iv) The applicant is undergoing substance abuse treatment or is participating in meetings of a twelve-step group such as alcoholics anonymous.
     (b) If the suspension is for failure to respond, pay, or comply with a notice of traffic infraction or conviction, the applicant must enter into a payment plan with the court.
     (c) An occupational driver's license issued to an applicant described in (a) of this subsection shall be valid for the period of the suspension or revocation but not more than two years.
     (d) Upon receipt of evidence that a holder of an occupational driver's license granted under this subsection is no longer enrolled in an apprenticeship or on-the-job training program, the director shall give written notice by first class mail to the driver that the occupational driver's license shall be canceled. The effective date of cancellation shall be fifteen days from the date of mailing the notice. If at any time before the cancellation goes into effect the driver submits evidence of continued enrollment in the program, the cancellation shall be stayed. If the cancellation becomes effective, the driver may obtain, at no additional charge, a new occupational driver's license upon submittal of evidence of enrollment in another program that meets the criteria set forth in this subsection.
     (e) The department shall not issue an occupational driver's license under (a)(iv) of this subsection if the applicant is able to receive transit services sufficient to allow for the applicant's participation in the programs referenced under (a)(iv) of this subsection.
     (3) An applicant for ((an occupational)) a restricted driver's license is eligible to receive such license only if:
     (a) Within one year immediately preceding the date of the offense that gave rise to the present conviction, the applicant has not committed any other offense relating to motor vehicles for which suspension or revocation of a driver's license is mandatory; and
     (b) 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: (i) Driving or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor; (ii))) (i) vehicular homicide under RCW 46.61.520; or (((iii))) (ii) vehicular assault under RCW 46.61.522; and
     (c) The applicant meets at least one of the following qualifying circumstances: (i) Is engaged in an occupation or trade that makes it essential that he or she operate a motor vehicle, except as allowed under subsection (2)(a) of this section; (ii) is undergoing continuing health care or providing continuing health care to another who is dependent upon the applicant; (iii) is enrolled in an educational institution and pursuing a course of study leading to a diploma, degree, or other certification of successful educational completion; (iv) is undergoing substance abuse treatment; (v) is fulfilling court-ordered community service responsibilities; (vi) is in an apprenticeship or on-the-job training, or WorkFirst program; or (vii) presents evidence that he or she has applied for a position in an apprenticeship or on-the-job training program for which a driver's license is required to begin the program, but a license granted under this provision may be in effect for no longer than fourteen days; and
     (d) The applicant files satisfactory proof of financial responsibility under chapter 46.29 RCW.
     (4) The director shall cancel an occupational or restricted 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.

Sec. 4   RCW 46.20.394 and 1999 c 272 s 2 are each amended to read as follows:
     In issuing ((an occupational)) a restricted driver's license under RCW 46.20.391, the department shall describe the type of ((occupation permitted)) qualifying circumstances and shall set forth in detail the specific hours of the day during which the person may drive to and from his ((place of work)) or her home, which may not exceed twelve hours in any one day; the days of the week during which the license may be used; and the general routes over which the person may travel. In issuing an occupational driver's license under RCW 46.20.391(2)(a)(iv), the department shall set forth in detail 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, the days of the week during which the license may be used, and the general routes over which the person may travel. These restrictions shall be prepared in written form by the department, which document shall be carried in the vehicle at all times and presented to a law enforcement officer under the same terms as the occupational or restricted driver's license. Any violation of the restrictions constitutes a violation of RCW 46.20.342 and subjects the person to all procedures and penalties therefor.