5610-S AMH GOOD MUNN 187

SSB 5610 - H AMD 684

By Representative Goodman

ADOPTED 4/15/2009

    On page 2, line 14, after "purposes" insert "related to driving by an individual as a condition of that individual's employment or otherwise at the direction of the employer or organization"

    On page 2, line 15, after "(2)" insert the following:

    "Nothing in this section shall be interpreted to prevent a court from providing a copy of the driver's abstract to the individual named in the abstract, provided that the named individual has a pending case in that court for a suspended license violation or an open infraction or criminal case in that court that has resulted in the suspension of the individual's driver's license.  A pending case includes criminal cases that have not reached a disposition by plea, stipulation, trial, or amended charge.  An open infraction or criminal case includes cases on probation, payment agreement or subject to, or in collections.  Courts may charge a reasonable fee for production and copying of the abstract for the individual.

(3)"

    Renumber the remaining subsections consecutively and correct any internal references accordingly.

    On page 4, line 36, after "purposes" insert "related to driving by an individual as a condition of that individual's employment or otherwise at the direction of the employer or organization"

    On page 5, line 23, after "purposes" insert "related to driving by an individual as a condition of that individual's employment or otherwise at the direction of the employer or organization"

    On page 5, after line 30, insert the following:

    "Sec. 2.  RCW 46.01.260 and 1999 c 86 s 2 are each amended to read as follows:

    (1) Except as provided in subsection (2) of this section, the director, in his or her discretion, may destroy applications for vehicle licenses, copies of vehicle licenses issued, applications for drivers' licenses, copies of issued drivers' licenses, certificates of title and registration or other documents, records or supporting papers on file in his or her office which have been microfilmed or photographed or are more than five years old.  If the applications for vehicle licenses are renewal applications, the director may destroy such applications when the computer record thereof has been updated.

    (2)(a) The director shall not destroy records of convictions or adjudications of RCW 46.61.502, 46.61.504, 46.61.520, and 46.61.522, or records of deferred prosecutions granted under RCW 10.05.120 and shall maintain such records permanently on file.

    (b) The director shall not, within fifteen years from the date of conviction or adjudication, destroy records ((of the following:

    (i) Convictions or adjudications of the following offenses: RCW 46.61.502 or 46.61.504; or

    (ii) I))if the offense was originally charged as one of the offenses designated in (a) ((or (b)(i))) of this subsection, convictions or adjudications of the following offenses:  RCW 46.61.500 or 46.61.5249, or any other violation that was originally charged as one of the offenses designated in (a) ((or (b)(i))) of this subsection.

    (c) For purposes of RCW 46.52.101 and 46.52.130, offenses subject to this subsection shall be considered "alcohol-related" offenses."

           Correct the title.

EFFECT:

        (1) Limits the availability of driving record abstracts to employers, prospective employers, and volunteer organizations to circumstances where driving is a condition of the employment of the individual named in the abstract or will be engaged in by the named individual at the direction of the employer or organization. 

        (2) Allows a court to provide a copy of a person's abstract to them if the person has a pending case before the court for a suspended license violation or an open infraction or criminal case that has resulted in the suspension of a person's driver's license. An open infraction or criminal case includes cases on probation or subject to a payment agreement or in collections. Courts may charge a reasonable fee for producing and copying the abstract for the person.

        (3) Requires the Department of Licensing to keep records of convictions for driving under the influence of intoxicating liquor or drugs permanently.   

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