SHB 1635 -
By Representative Upthegrove
ADOPTED 03/05/2011
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 It is the intent of the legislature to
utilize the infrastructure and resources of the commercial driver
training schools and the school districts' traffic safety education
programs by authorizing these entities to provide driver licensing
examinations. The legislature intends for the department of licensing
to authorize the administration of driver licensing examinations by
these entities in order to maintain and reprioritize its staff for the
purpose of reducing the wait times at its driver licensing offices.
Further, the legislature recognizes the growing importance of the
work performed by department of licensing driver licensing services
employees, who play an increasingly vital role in our security by
ensuring that applicants are properly issued identification.
Sec. 2 RCW 28A.220.030 and 2000 c 115 s 9 are each amended to
read as follows:
(1) The superintendent of public instruction is authorized to
establish a section of traffic safety education, and through such
section shall: Define a "realistic level of effort" required to
provide an effective traffic safety education course, establish a level
of driving competency required of each student to successfully complete
the course, and ensure that an effective statewide program is
implemented and sustained, administer, supervise, and develop the
traffic safety education program and shall assist local school
districts in the conduct of their traffic safety education programs.
The superintendent shall adopt necessary rules and regulations
governing the operation and scope of the traffic safety education
program; and each school district shall submit a report to the
superintendent on the condition of its traffic safety education
program: PROVIDED, That the superintendent shall monitor the quality
of the program and carry out the purposes of this chapter.
(2) The board of directors of any school district maintaining a
secondary school which includes any of the grades 10 to 12, inclusive,
may establish and maintain a traffic safety education course. If a
school district elects to offer a traffic safety education course and
has within its boundaries a private accredited secondary school which
includes any of the grades 10 to 12, inclusive, at least one class in
traffic safety education shall be given at times other than regular
school hours if there is sufficient demand therefor.
(3) The board of directors of a school district, or combination of
school districts, may contract with any drivers' school licensed under
the provisions of chapter 46.82 RCW to teach the laboratory phase of
the traffic safety education course. Instructors provided by any such
contracting drivers' school must be properly qualified teachers of
traffic safety education under the joint qualification requirements
adopted by the superintendent of public instruction and the director of
licensing.
(4) The superintendent shall establish a required minimum number of
hours of continuing traffic safety education for traffic safety
education instructors. The superintendent may phase in the requirement
over not more than five years.
(5) School districts that offer a traffic safety education program
under this chapter may administer the portions of the driver licensing
examination that test the applicant's knowledge of traffic laws and
ability to safely operate a motor vehicle as authorized under RCW
46.20.120(7). The superintendent shall work with the department of
licensing, in consultation with school districts that offer a traffic
safety education program, to develop standards and requirements for
administering each portion of the driver licensing examination that are
comparable to the standards and requirements for driver training
schools under section 11 of this act.
(6) Before a school district may provide a portion of the driver
licensing examination, the school district must, after consultation
with the superintendent, enter into an agreement with the department of
licensing that, at a minimum, contains provisions that:
(a) Allow the department of licensing to conduct random
examinations, inspections, and audits without prior notice;
(b) Allow the department of licensing to conduct on-site
inspections at least annually;
(c) Allow the department of licensing to test, at least annually,
a random sample of the drivers approved by the school district for
licensure and to cancel any driver's license that may have been issued
to any driver selected for testing who refuses to be tested; and
(d) Reserve to the department of licensing the right to take prompt
and appropriate action against a school district that fails to comply
with state or federal standards for a driver licensing examination or
to comply with any terms of the agreement.
NEW SECTION. Sec. 3 A new section is added to chapter 46.01 RCW
to read as follows:
A civil suit or action may not be commenced or prosecuted against
the director, the state of Washington, any driver training school
licensed by the department, any other government officer or entity,
including a school district or an employee of a school district, or
against any other person, by reason of any act done or omitted to be
done in connection with administering the portions of the driver
licensing examination that test the applicant's knowledge of traffic
laws and ability to safely operate a motor vehicle. This section does
not bar the state of Washington or the director from bringing any
action, whether civil or criminal, against any driver training school
licensed by the department.
Sec. 4 RCW 46.20.049 and 2005 c 314 s 309 are each amended to
read as follows:
There shall be an additional fee for issuing any class of
commercial driver's license in addition to the prescribed fee required
for the issuance of the original driver's license. The additional fee
for each class shall be ((thirty)) thirty-six dollars for the original
commercial driver's license or subsequent renewals. If the commercial
driver's license is renewed or extended for a period other than
((five)) six years, the fee for each class shall be six dollars for
each year that the commercial driver's license is renewed or extended.
The fee shall be deposited in the highway safety fund.
Sec. 5 RCW 46.20.117 and 2005 c 314 s 305 are each amended to
read as follows:
(1) Issuance. The department shall issue an identicard, containing
a picture, if the applicant:
(a) Does not hold a valid Washington driver's license;
(b) Proves his or her identity as required by RCW 46.20.035; and
(c) Pays the required fee. The fee is ((twenty)) twenty-four
dollars unless an applicant is a recipient of continuing public
assistance grants under Title 74 RCW, who is referred in writing by the
secretary of social and health services. For those persons the fee
must be the actual cost of production of the identicard.
(2) Design and term. The identicard must:
(a) Be distinctly designed so that it will not be confused with the
official driver's license; and
(b) Expire on the ((fifth)) sixth anniversary of the applicant's
birthdate after issuance.
(3) Renewal. An application for identicard renewal may be
submitted by means of:
(a) Personal appearance before the department; or
(b) Mail or electronic commerce, if permitted by rule of the
department and if the applicant did not renew his or her identicard by
mail or by electronic commerce when it last expired. ((However, the
department may accept an application for renewal of an identicard
submitted by means of mail or electronic commerce only if specific
authority and funding is provided for this purpose by June 30, 2004, in
the omnibus transportation appropriations act.))
An identicard may not be renewed by mail or by electronic commerce
unless the renewal issued by the department includes a photograph of
the identicard holder.
(4) Cancellation. The department may cancel an identicard if the
holder of the identicard used the card or allowed others to use the
card in violation of RCW 46.20.0921.
(5) From the effective date of this section to July 1, 2020, the
department may issue or renew an identicard for a period other than six
years, or may extend by mail an identicard that has already been
issued, in order to evenly distribute, as nearly as possible, the
yearly renewal rate of identicard holders; however, the department may
not issue or renew an identicard for a period that exceeds six years.
The fee for an identicard issued or renewed for a period other than six
years, or that has been extended by mail, is four dollars for each year
that the identicard is issued, renewed, or extended. The department
may adopt rules as necessary to administer this subsection.
Sec. 6 RCW 46.20.120 and 2005 c 314 s 306 and 2005 c 61 s 2 are
each reenacted and 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)) must ensure that
examinations are given at places and times reasonably available to the
people of this state. If the department does not administer driver
licensing examinations as a routine part of its licensing services
within a department region because adequate testing sites are provided
by driver training schools or school districts within that region, the
department shall, at a minimum, administer driver licensing
examinations by appointment to applicants eighteen years of age and
older in at least one licensing office within that region.
(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) All or any part of the examination involving operating a motor
vehicle if the applicant:
(i) Surrenders a valid driver's license issued by the person's
previous home state; or
(ii) Provides for verification a valid driver's license issued by
a foreign driver licensing jurisdiction with which the department has
an informal agreement under RCW 46.20.125; and
(iii) Is otherwise qualified to be licensed.
(2) Fee. Each applicant for a new license must pay an examination
fee of twenty 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)) six years.
(3) An application for driver's license renewal may be submitted by
means of:
(a) Personal appearance before the department; or
(b) Mail or electronic commerce, if permitted by rule of the
department and if the applicant did not renew his or her license by
mail or by electronic commerce when it last expired. ((However, the
department may accept an application for renewal of a driver's license
submitted by means of mail or electronic commerce only if specific
authority and funding is provided for this purpose by June 30, 2004, in
the omnibus transportation appropriations act.))
(4) A person whose license expired or will expire while he or she
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 or,
if permitted by rule of the department, by electronic commerce even if
subsection (3)(b) of this section would not otherwise allow renewal by
that means. 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 or, if permitted by rule of the
department, by electronic commerce.
(5) If a qualified person submits an application for renewal under
subsection (3)(b) or (4)(b) of this section, he or she is not required
to pass an examination nor provide an updated photograph. A license
renewed by mail or by electronic commerce that does not include a
photograph of the licensee must be labeled "not valid for
identification purposes."
(6) Driver training schools licensed by the department under
chapter 46.82 RCW may administer the portions of the driver licensing
examination that test the applicant's knowledge of traffic laws and
ability to safely operate a motor vehicle.
(7) School districts that offer a traffic safety education program
under chapter 28A.220 RCW may administer the portions of the driver
licensing examination that test the applicant's knowledge of traffic
laws and ability to safely operate a motor vehicle.
Sec. 7 RCW 46.20.161 and 2000 c 115 s 6 are each amended to read
as follows:
The department, upon receipt of a fee of ((twenty-five)) thirty
dollars, unless the driver's license is issued for a period other than
((five)) six years, in which case the fee shall be five dollars for
each year that the license is issued, which includes the fee for the
required photograph, shall issue to every qualifying applicant a
driver's license. A driver's license issued to a person under the age
of eighteen is an intermediate license, subject to the restrictions
imposed under RCW 46.20.075, until the person reaches the age of
eighteen. The license must include a distinguishing number assigned to
the licensee, the name of record, date of birth, Washington residence
address, photograph, a brief description of the licensee, and either a
facsimile of the signature of the licensee or a space upon which the
licensee shall write his or her usual signature with pen and ink
immediately upon receipt of the license. No license is valid until it
has been so signed by the licensee.
Sec. 8 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)) sixth anniversary of the
licensee's birthdate following the issuance of the license.
(2) 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)) thirty dollars. This
fee includes the fee for the required photograph. The department may
waive five dollars of the renewal fee under this subsection if a person
renews his or her driver's license through the mail or through online
services.
(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)) From
the effective date of this section to July 1, 2020, the department may
issue or renew a driver's license for a period other than ((five)) six
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; however, the department may not issue or
renew a driver's license for a period that exceeds six years. The fee
for a driver's license issued or renewed for a period other than
((five)) six 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.
Sec. 9 RCW 46.20.505 and 2007 c 97 s 1 are each amended to read
as follows:
Every person applying for a special endorsement of a driver's
license authorizing such person to drive a two or three-wheeled
motorcycle or a motor-driven cycle shall pay a fee of five dollars,
which is not refundable. In addition, the endorsement fee for the
initial motorcycle endorsement shall not exceed ((ten)) twelve dollars,
and the subsequent renewal endorsement fee shall not exceed ((twenty-five)) thirty dollars, unless the endorsement is renewed or extended
for a period other than ((five)) six years, in which case the
subsequent renewal endorsement fee shall not exceed five dollars for
each year that the endorsement is renewed or extended. Fees collected
under this section shall be deposited in the motorcycle safety
education account of the highway safety fund.
Sec. 10 RCW 46.20.515 and 2003 c 41 s 3 are each amended to read
as follows:
(1) The motorcycle endorsement examination must emphasize maneuvers
necessary for on-street operation, including emergency braking and
turning as may be required to avoid an impending collision.
(2) The examination for a two-wheeled motorcycle endorsement and
the examination for a three-wheeled motorcycle endorsement must be
separate and distinct examinations emphasizing the skills and maneuvers
necessary to operate each type of motorcycle.
(3) The department may authorize an entity that has entered into a
contract under RCW 46.20.520 to administer the motorcycle endorsement
examination.
(4) The department may waive all or part of the examination for
persons who satisfactorily complete the voluntary motorcycle operator
training and education program authorized under RCW 46.20.520 or who
satisfactorily complete a private motorcycle skills education course
that has been certified by the department under RCW 46.81A.020.
NEW SECTION. Sec. 11 A new section is added to chapter 46.82 RCW
to read as follows:
(1) Driver training schools may administer the portions of the
driver licensing examination that test the applicant's knowledge of
traffic laws and ability to safely operate a motor vehicle as
authorized under RCW 46.20.120(6).
(2) The director shall adopt rules to regulate the administration
of the knowledge and driving portions of the driver licensing
examination. The rules must include, but are not limited to, the
following provisions:
(a) Limitations or requirements that determine which driver
training schools may administer the knowledge portion of the
examination;
(b) Limitations or requirements that determine which driver
training schools may administer the driving portion of the examination;
(c) Requirements for the content and method of conducting the
examinations to ensure consistency with industry practices;
(d) Requirements for recordkeeping;
(e) A requirement that all driver training school employees
conducting driver licensing examinations meet the same qualifications
and education and training standards as department employees who
conduct such examinations, to the extent necessary to conduct the
written and driving skills portions of the examinations;
(f) Requirements related to whether a driver training school staff
member may provide both driver training instruction and the driver
licensing examination to any one student;
(g) Requirements for retesting and expiring examination results;
(h) Limitations on fees that may be charged by driver training
schools for administering the knowledge portion of the examination and
the driving portion of the examination. The examination fees must be
limited to an amount that does not exceed the amount that is sufficient
for driver training schools to recover the costs of administering each
examination;
(i) Requirements for the department to monitor outcomes for
applicants who take a driver licensing examination through a driver
training school and to make the outcomes available to the public;
(j) Requirements for annual auditing, which must include the
collection of current information regarding insurance, curriculums,
instructors' names and licenses, and a selection of random student
files to review for accuracy; and
(k) Sanctions for violations of the rules adopted under this
section.
(3) Before a driver training school may provide a portion of the
driver licensing examination, it must enter into an agreement with the
department that, at a minimum, contains provisions that:
(a) Allow the department to conduct random examinations,
inspections, and audits without prior notice;
(b) Allow the department to conduct on-site inspections at least
annually;
(c) Allow the department to test, at least annually, a random
sample of the drivers approved by the driver training school for
licensure and to cancel any driver's license that may have been issued
to any driver selected for testing who refuses to be tested; and
(d) Reserve to the department the right to take prompt and
appropriate action against a driver training school that fails to
comply with state or federal standards for a driver licensing
examination or to comply with any terms of the agreement.
NEW SECTION. Sec. 12 (1) The driver licensing examination
advisory committee is established within the department of licensing.
(2) The purpose of the committee is to facilitate communication in
connection with the transition to driver training schools and school
districts administering portions of the driver licensing examination
and to monitor and evaluate the effectiveness of the transition.
(3) The committee must include the following members:
(a) Two people appointed by the director of the department of
licensing to represent the department of licensing;
(b) One person appointed by the office of the superintendent of
public instruction;
(c) One person appointed by the director of the department of
licensing to represent driver training schools that are licensed by the
department of licensing;
(d) One person appointed by a labor union that represents licensing
services representatives 3; and
(e) Two people appointed by a labor union that represents licensing
services representatives 1 and 2.
(4) Members of the committee may not receive compensation for their
services as members of the committee, but may be reimbursed for travel
and other expenses in accordance with RCW 43.03.050 and 43.03.060.
(5) The department of licensing shall provide administrative
support to the committee.
(6) The committee shall evaluate the effectiveness of the
transition to driver training schools and school districts
administering portions of the driver licensing examination. The
committee shall submit an initial report on outcomes of the transition
and report its recommendations, including whether to continue, modify,
or discontinue the transition, to the transportation committees of the
legislature by December 1, 2013. The committee shall continue to
monitor the effectiveness of the transition after it submits the
initial report."
Correct the title.
EFFECT: (1) Changes the intent section language to say that the
Legislature intends the Department of Licensing to authorize commercial
driver training schools and school districts that offer traffic safety
education programs to provide driver licensing examinations.
(2) Requires the Superintendent of Public Instruction to consult
with school districts that offer a traffic safety education program
when the Superintendent works with the Department of Licensing to
develop standards and requirements for administering the driver
licensing examination, and requires that the standards and requirements
that are developed be comparable to those required of commercial driver
training schools.
(3) Requires a school district to enter into a contract with the
Department of Licensing before it may provide a portion of the driver
licensing examination, and sets requirements for provisions that must
be included in the contract.
(4) Clarifies that a government officer or entity includes a school
district or an employee of a school district for the purposes of
limiting liability.
(5) Adds to the purpose of the advisory committee established
within the Department of Licensing to include monitoring and evaluating
the effectiveness of the transition to school districts and driver
training schools administering the driver licensing examination;
changes the number of members representing the Department of Licensing
and the driver training schools on the advisory committee; and requires
the advisory committee to continue to monitor the effectiveness of the
transition after it submits its initial report on the transition to the
Legislature.