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ENGROSSED SENATE BILL 5297
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State of Washington58th Legislature2003 Regular Session

By Senators Horn and Haugen

Read first time 01/22/2003.   Referred to Committee on Highways & Transportation.



     AN ACT Relating to driver's license examinations; amending RCW 46.20.120 and 46.20.181; adding new sections to chapter 46.20 RCW; creating a new section; and providing an effective date.

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

NEW SECTION.  Sec. 1   The legislature recognizes the importance of global markets to our state and national economy. As a leader among states in international commerce, Washington houses many multinational corporations. Competition among states for foreign businesses and personnel is fierce and it is necessary to Washington's future economic viability to eliminate a significant regulatory barrier to efficient personnel exchange, resulting in a more attractive business climate in Washington. The legislature recognizes that over twenty other states have entered into informal reciprocal agreements with other nations to waive driver's license testing requirements in order to ease the transition of personnel to and from those states. By removing an unnecessary barrier to efficient personnel mobility it is the intent of the legislature to strengthen and diversify Washington's economy.

Sec. 2   RCW 46.20.120 and 2002 c 352 s 13 are each amended to read as follows:
     An applicant for a new or renewed driver's license must successfully pass a driver licensing examination to qualify for a driver's license. The department shall give examinations at places and times reasonably available to the people of this state.
     (1) Waiver. The department may waive:
     (a) All or any part of the examination of any person applying for the renewal of a driver's license unless the department determines that the applicant is not qualified to hold a driver's license under this title; or
     (b) The actual demonstration of the ability to operate a motor vehicle if the applicant:
     (i) Surrenders a valid driver's license issued by the person's previous home state; and
     (ii) Is otherwise qualified to be licensed; or
     (c) All or any part of the examination of a person, age eighteen years or older, applying for a Washington driver's license who provides for verification a valid driver's license issued by a nation with which the department has an informal agreement authorized under section 3 of this act
.
     (2) Fee. Each applicant for a new license must pay an examination fee of ten dollars.
     (a) The examination fee is in addition to the fee charged for issuance of the license.
     (b) "New license" means a license issued to a driver:
     (i) Who has not been previously licensed in this state; or
     (ii) Whose last previous Washington license has been expired for more than five years.
     (3) A person whose license expired or will expire on or after January 1, 1998, while he or she was or is living outside the state may:
     (a) Apply to the department to extend the validity of his or her license for no more than twelve months. If the person establishes to the department's satisfaction that he or she is unable to return to Washington before the date his or her license expires, the department shall extend the person's license. The department may grant consecutive extensions, but in no event may the cumulative total of extensions exceed twelve months. An extension granted under this section does not change the expiration date of the license for purposes of RCW 46.20.181. The department shall charge a fee of five dollars for each license extension;
     (b) Apply to the department to renew his or her license by mail. If the person establishes to the department's satisfaction that he or she is unable to return to Washington within twelve months of the date that his or her license expires, the department shall renew the person's license by mail. If a person qualifies for a mail-in renewal he or she is not required to pass an examination nor provide an updated photograph. He or she must, however, pay the fee required by RCW 46.20.181 plus an additional five-dollar mail-in renewal fee. A license renewed by mail that does not include a photograph of the licensee must be labeled "not valid for identification purposes."
     (4) If a person's driver's license is extended or renewed under subsection (3) of this section while he or she is outside the state, he or she must submit to the examination required under this section within sixty days of returning to this state. The department will not assess a penalty or examination fee for the examination.

NEW SECTION.  Sec. 3   A new section is added to chapter 46.20 RCW to read as follows:
     (1) The department may enter into an informal agreement with one or more other nations to waive the requirement for licensed drivers, age eighteen years or older, from that nation to take all or any part of the driver's license examination.
     (2) The department may only enter into an agreement with a nation if:
     (a) The nation has procedures in place to verify the validity of drivers' licenses issued by that nation; and
     (b) The nation has agreed to waive all or any part of the driver's license examination and education requirements for Washington licensed drivers applying for a driver's license in that nation.

Sec. 4   RCW 46.20.181 and 1999 c 308 s 3 are each amended to read as follows:
     (1) Except as provided in subsection (4) of this section, every driver's license expires on the fifth anniversary of the licensee's birthdate following the issuance of the license.
     (2) Except as provided in subsection (5) of this section, a person may renew his or her license on or before the expiration date by submitting an application as prescribed by the department and paying a fee of twenty-five dollars. This fee includes the fee for the required photograph.
     (3) A person renewing his or her driver's license more than sixty days after the license has expired shall pay a penalty fee of ten dollars in addition to the renewal fee, unless his or her license expired when:
     (a) The person was outside the state and he or she renews the license within sixty days after returning to this state; or
     (b) The person was incapacitated and he or she renews the license within sixty days after the termination of the incapacity.
     (4) During the period from July 1, 2000, to July 1, 2006, the department may issue or renew a driver's license for a period other than five years, or may extend by mail a license that has already been issued, in order to evenly distribute, as nearly as possible, the yearly renewal rate of licensed drivers. The fee for a driver's license issued or renewed for a period other than five years, or that has been extended by mail, is five dollars for each year that the license is issued, renewed, or extended. The department may adopt any rules as are necessary to carry out this subsection.
     (5) A driver's license issued under a waiver as provided in RCW 46.20.120(1)(c) may not be renewed.

NEW SECTION.  Sec. 5   A new section is added to chapter 46.20 RCW to read as follows:
     The department may make rules to carry out the purposes of this act.

NEW SECTION.  Sec. 6   This act takes effect May 1, 2005.

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