BILL REQ. #:  H-0680.1 

Read first time 02/02/2007.   Referred to Committee on Transportation.

     AN ACT Relating to prohibiting vehicle and driver's license renewal due to unpaid traffic fines; amending RCW 46.20.031; and adding a new section to chapter 46.16 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 46.16 RCW to read as follows:
     The director or the director's agents shall not renew a vehicle license unless the applicant has paid all monetary penalties for traffic infractions. This section does not apply to an applicant who is in compliance with a payment plan for monetary penalties with the court. For purposes of this section, "payment plan" has the same meaning as in RCW 46.63.110(6).

Sec. 2   RCW 46.20.031 and 2002 c 279 s 3 are each amended to read as follows:
     The department shall not issue a driver's license to a person:
     (1) Who is under the age of sixteen years;
     (2) Whose driving privilege has been withheld unless and until the department may authorize the driving privilege under RCW 46.20.311;
     (3) Who has been classified as an alcoholic, drug addict, alcohol abuser, or drug abuser by a program approved by the department of social and health services. The department may, however, issue a license if the person:
     (a) Has been granted a deferred prosecution under chapter 10.05 RCW; or
     (b) Is satisfactorily participating in or has successfully completed an alcohol or drug abuse treatment program approved by the department of social and health services and has established control of his or her alcohol or drug abuse problem;
     (4) Who has previously been adjudged ((to be mentally ill or insane,)) as a person with mental illness or ((to be)) incompetent due to a mental disability or disease. The department shall, however, issue a license to the person if he or she otherwise qualifies and:
     (a) Has been restored to competency by the methods provided by law; or
     (b) The superior court finds the person able to operate a motor vehicle with safety upon the highways during such incompetency;
     (5) Who has not passed the driver's licensing examination required by RCW 46.20.120 and 46.20.305, if applicable;
     (6) Who is required under the laws of this state to deposit proof of financial responsibility and who has not deposited such proof;
     (7) Who is unable to safely operate a motor vehicle upon the highways due to a physical or mental disability. The department's conclusion that a person is barred from licensing under this subsection must be reasonable and be based upon good and substantial evidence. This determination is subject to review by a court of competent jurisdiction;
     (8) Who has not paid all monetary penalties for traffic infractions unless the person is in compliance with a payment plan with the court. For purposes of this subsection, "payment plan" has the same meaning as in RCW 46.63.110(6).