ESSB 6150 -
By Committee on Transportation
NOT ADOPTED 03/03/2012
Strike everything after the enacting clause and insert the following:
"Sec. 1 RCW 46.20.037 and 2006 c 292 s 1 are each amended to read
as follows:
(1) ((No later than two years after full implementation of the
provisions of Title II of P.L. 109-13, improved security for driver's
licenses and personal identification cards (Real ID), as passed by
Congress May 10, 2005,)) The department ((shall)) may implement a
((voluntary biometric)) facial recognition matching system for
((driver's)) drivers' licenses, permits, and identicards. ((A
biometric)) Any facial recognition matching system ((shall)) selected
by the department must be used only to verify the identity of an
applicant for or holder of a ((renewal or duplicate)) driver's license,
permit, or identicard ((by matching a biometric identifier submitted by
the applicant against the biometric identifier submitted when the
license was last issued. This project requires a full review by the
information services board using the criteria for projects of the
highest visibility and risk)) to determine whether the person has been
issued a driver's license, permit, or identicard under a different name
or names.
(2) Any ((biometric)) facial recognition matching system selected
by the department ((shall)) must be capable of highly accurate
matching, and ((shall)) must be compliant with ((biometric))
appropriate standards established by the American association of motor
vehicle administrators that exist on the effective date of this
section, or such subsequent date as may be provided by the department
by rule, consistent with the purposes of this section.
(3) ((The biometric matching system selected by the department must
incorporate a process that allows the owner of a driver's license or
identicard to present a personal identification number or other code
along with the driver's license or identicard before the information
may be verified by a third party, including a governmental entity.)) The department shall post notices in conspicuous locations at
all department driver licensing offices, make written information
available to all applicants at department driver licensing offices, and
provide information on the department's web site regarding the facial
recognition matching system. The notices, written information, and
information on the web site must address how the facial recognition
matching system works, all ways in which the department may use results
from the facial recognition matching system, how an investigation based
on results from the facial recognition matching system would be
conducted, and a person's right to appeal any determinations made under
this chapter.
(4) Upon the establishment of a biometric driver's license and
identicard system as described in this section, the department shall
allow every person applying for an original, renewal, or duplicate
driver's license or identicard to voluntarily submit a biometric
identifier. Each applicant shall be informed of all ways in which the
biometric identifier may be used, all parties to whom the identifier
may be disclosed and the conditions of disclosure, the expected error
rates for the biometric matching system which shall be regularly
updated as the technology changes or empirical data is collected, and
the potential consequences of those errors. The department shall adopt
rules to allow applicants to verify the accuracy of the system at the
time that biometric information is submitted, including the use of at
least two separate devices.
(5) The department may not disclose biometric information to the
public or any governmental entity except when authorized by court
order.
(6)
(4) Results from the facial recognition matching system:
(a) Are not available for public inspection and copying under
chapter 42.56 RCW;
(b) May only be disclosed pursuant to a valid subpoena, warrant, or
court order;
(c) May only be disclosed to a federal government agency if
specifically required under federal law; and
(d) May be disclosed by the department to a government agency,
including a court or law enforcement agency, for use in carrying out
its functions if the department has determined that person has
committed one of the prohibited practices listed in RCW 46.20.0921 and
this determination has been confirmed by a hearings examiner under this
chapter or the person declined a hearing or did not attend a scheduled
hearing.
(5) All ((biometric)) personally identifying information ((shall))
derived from the facial recognition matching system must be stored with
appropriate security safeguards((, including but not limited to
encryption)). The office of the chief information officer shall
develop the appropriate security standards for the department's use of
the facial recognition matching system, subject to approval and
oversight by the technology services board.
(((7))) (6) The department shall develop procedures to handle
instances in which the ((biometric)) facial recognition matching system
fails to verify the identity of an applicant for a renewal or duplicate
driver's license, permit, or identicard. These procedures ((shall))
must allow an applicant to prove identity without using ((a biometric
identifier.)) the
facial recognition matching system.
(8) Any person who has voluntarily submitted a biometric identifier
may choose to discontinue participation in the biometric matching
program at any time, provided that the department utilizes a secure
procedure to prevent fraudulent requests for a renewal or duplicate
driver's license or identicard. When the person discontinues
participation, any previously collected biometric information shall be
destroyed.
(9) This section does not apply when an applicant renews his or her
driver's license or identicard by mail or electronic commerce
(7) The department shall report to the governor and the legislature
by October 1st of each year, beginning October 1, 2012, on the
following numbers during the previous fiscal year: The number of
investigations initiated by the department based on results from the
facial recognition matching system; the number of determinations made
that a person has committed one of the prohibited practices in RCW
46.20.0921 after the completion of an investigation; the number of
determinations that were confirmed by a hearings examiner and the
number that were overturned by a hearings examiner; the number of cases
where a person declined a hearing or did not attend a scheduled
hearing; and the number of determinations that were referred to law
enforcement.
NEW SECTION. Sec. 2 A new section is added to chapter 46.04 RCW
to read as follows:
"Facial recognition matching system" means a system that compares
the biometric template derived from an image of an applicant or holder
of a driver's license, permit, or identicard with the biometric
templates derived from the images in the department's negative file.
NEW SECTION. Sec. 3 RCW 46.20.038 (Biometric matching system--Funding) and 2004 c 273 s 4 are each repealed.
Sec. 4 RCW 46.20.055 and 2010 c 223 s 1 are each amended to read
as follows:
(1) Driver's instruction permit. The department may issue a
driver's instruction permit with or without a photograph to an
applicant who has successfully passed all parts of the examination
other than the driving test, provided the information required by RCW
46.20.091, paid ((a)) an application fee of twenty-five dollars, and
meets the following requirements:
(a) Is at least fifteen and one-half years of age; or
(b) Is at least fifteen years of age and:
(i) Has submitted a proper application; and
(ii) Is enrolled in a traffic safety education program offered,
approved, and accredited by the superintendent of public instruction or
offered by a driver training school licensed and inspected by the
department of licensing under chapter 46.82 RCW, that includes practice
driving.
(2) Waiver of written examination for instruction permit. The
department may waive the written examination, if, at the time of
application, an applicant is enrolled in:
(a) A traffic safety education course as defined by RCW
28A.220.020(2); or
(b) A course of instruction offered by a licensed driver training
school as defined by RCW 46.82.280.
The department may require proof of registration in such a course
as it deems necessary.
(3) Effect of instruction permit. A person holding a driver's
instruction permit may drive a motor vehicle, other than a motorcycle,
upon the public highways if:
(a) The person has immediate possession of the permit;
(b) The person is not using a wireless communications device,
unless the person is using the device to report illegal activity,
summon medical or other emergency help, or prevent injury to a person
or property; and
(c) An approved instructor, or a licensed driver with at least five
years of driving experience, occupies the seat beside the driver.
(4) Term of instruction permit. A driver's instruction permit is
valid for one year from the date of issue.
(a) The department may issue one additional one-year permit.
(b) The department may issue a third driver's permit if it finds
after an investigation that the permittee is diligently seeking to
improve driving proficiency.
(c) A person applying ((to renew)) for an additional instruction
permit must submit the application to the department in person and pay
an application fee of twenty-five dollars for each issuance.
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. Except as provided in subsection (5) of
this section, the fee is ((twenty)) forty-five dollars from October 1,
2012, to June 30, 2013, and fifty-four dollars after June 30, 2013,
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) Except as provided in subsection (5) of this section, 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) Alternative issuance/renewal/extension. The department may
issue or renew an identicard for a period other than five years from
October 1, 2012, to June 30, 2013, or six years after June 30, 2013, or
may extend by mail or electronic commerce an identicard that has
already been issued, in order to evenly distribute, as nearly as
possible, the yearly renewal rate of identicard holders. The fee for
an identicard issued or renewed for a period other than five years from
October 1, 2012, to June 30, 2013, or six years after June 30, 2013, or
that has been extended by mail or electronic commerce, is nine dollars
for each year that the identicard is issued, renewed, or extended. The
department may adopt any rules as are necessary to carry out this
subsection.
Sec. 6 RCW 46.20.120 and 2011 c 370 s 4 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 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)) thirty-five 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.
(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)) forty-five
dollars from October 1, 2012, to June 30, 2013, and fifty-four dollars
after June 30, 2013, unless the driver's license is issued for a period
other than five years from October 1, 2012, to June 30, 2013, or six
years after June 30, 2013, in which case the fee shall be ((five)) nine
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) or (5) of this section or
RCW 46.20.105, 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)) forty-five dollars from
October 1, 2012, to June 30, 2013, and fifty-four dollars after June
30, 2013. 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 from October 1, 2012, to June 30, 2013, or six years
after June 30, 2013, or may extend by mail or electronic commerce 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 from October 1, 2012, to June 30, 2013, or six years after
June 30, 2013, or that has been extended by mail or electronic
commerce, is ((five)) nine 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 that includes a hazardous materials
endorsement under chapter 46.25 RCW may expire on an anniversary of the
licensee's birthdate other than the sixth year following issuance or
renewal of the license in order to match, as nearly as possible, the
validity of certification from the federal transportation security
administration that the licensee has been determined not to pose a
security risk. The fee for a driver's license issued or renewed for a
period other than five years from October 1, 2012, to June 30, 2013, or
six years after June 30, 2013, is nine dollars for each year that the
license is issued or renewed, not including any endorsement fees. The
department may adjust the expiration date of a driver's license that
has previously been issued to conform to the provisions of this
subsection if a hazardous materials endorsement is added to the license
subsequent to its issuance. If the validity of the driver's license is
extended, the licensee must pay a fee of nine dollars for each year
that the license is extended.
(6) The department may adopt any rules as are necessary to carry
out this section.
Sec. 9 RCW 46.20.200 and 2002 c 352 s 14 are each amended to read
as follows:
(1) If an instruction permit, identicard, or a driver's license is
lost or destroyed, the person to whom it was issued may obtain a
duplicate of it upon furnishing proof of such fact satisfactory to the
department and payment of a fee of ((fifteen)) twenty dollars to the
department.
(2) A replacement permit, identicard, or driver's license may be
obtained to change or correct material information upon payment of a
fee of ten dollars and surrender of the permit, identicard, or driver's
license being replaced.
Sec. 10 RCW 46.20.049 and 2011 c 227 s 6 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 ((sixty-one)) eighty-five dollars from October
1, 2012, to June 30, 2013, and one hundred two dollars after June 30,
2013, for the original commercial driver's license or subsequent
renewals. If the commercial driver's license is issued, renewed, or
extended for a period other than five years from October 1, 2012, to
June 30, 2013, or six years after June 30, 2013, the fee for each class
shall be ((twelve)) seventeen dollars ((and twenty cents)) for each
year that the commercial driver's license is issued, renewed, or
extended. The fee shall be deposited in the highway safety fund.
Sec. 11 RCW 46.20.308 and 2008 c 282 s 2 are each amended to read
as follows:
(1) Any person who operates a motor vehicle within this state is
deemed to have given consent, subject to the provisions of RCW
46.61.506, to a test or tests of his or her breath or blood for the
purpose of determining the alcohol concentration or presence of any
drug in his or her breath or blood if arrested for any offense where,
at the time of the arrest, the arresting officer has reasonable grounds
to believe the person had been driving or was in actual physical
control of a motor vehicle while under the influence of intoxicating
liquor or any drug or was in violation of RCW 46.61.503. Neither
consent nor this section precludes a police officer from obtaining a
search warrant for a person's breath or blood.
(2) The test or tests of breath shall be administered at the
direction of a law enforcement officer having reasonable grounds to
believe the person to have been driving or in actual physical control
of a motor vehicle within this state while under the influence of
intoxicating liquor or any drug or the person to have been driving or
in actual physical control of a motor vehicle while having alcohol in
a concentration in violation of RCW 46.61.503 in his or her system and
being under the age of twenty-one. However, in those instances where
the person is incapable due to physical injury, physical incapacity, or
other physical limitation, of providing a breath sample or where the
person is being treated in a hospital, clinic, doctor's office,
emergency medical vehicle, ambulance, or other similar facility or
where the officer has reasonable grounds to believe that the person is
under the influence of a drug, a blood test shall be administered by a
qualified person as provided in RCW 46.61.506(5). The officer shall
inform the person of his or her right to refuse the breath or blood
test, and of his or her right to have additional tests administered by
any qualified person of his or her choosing as provided in RCW
46.61.506. The officer shall warn the driver, in substantially the
following language, that:
(a) If the driver refuses to take the test, the driver's license,
permit, or privilege to drive will be revoked or denied for at least
one year; and
(b) If the driver refuses to take the test, the driver's refusal to
take the test may be used in a criminal trial; and
(c) If the driver submits to the test and the test is administered,
the driver's license, permit, or privilege to drive will be suspended,
revoked, or denied for at least ninety days if the driver is age
twenty-one or over and the test indicates the alcohol concentration of
the driver's breath or blood is 0.08 or more, or if the driver is under
age twenty-one and the test indicates the alcohol concentration of the
driver's breath or blood is 0.02 or more, or if the driver is under age
twenty-one and the driver is in violation of RCW 46.61.502 or
46.61.504; and
(d) If the driver's license, permit, or privilege to drive is
suspended, revoked, or denied the driver may be eligible to immediately
apply for an ignition interlock driver's license.
(3) Except as provided in this section, the test administered shall
be of the breath only. If an individual is unconscious or is under
arrest for the crime of vehicular homicide as provided in RCW 46.61.520
or vehicular assault as provided in RCW 46.61.522, or if an individual
is under arrest for the crime of driving while under the influence of
intoxicating liquor or drugs as provided in RCW 46.61.502, which arrest
results from an accident in which there has been serious bodily injury
to another person, a breath or blood test may be administered without
the consent of the individual so arrested.
(4) Any person who is dead, unconscious, or who is otherwise in a
condition rendering him or her incapable of refusal, shall be deemed
not to have withdrawn the consent provided by subsection (1) of this
section and the test or tests may be administered, subject to the
provisions of RCW 46.61.506, and the person shall be deemed to have
received the warnings required under subsection (2) of this section.
(5) If, following his or her arrest and receipt of warnings under
subsection (2) of this section, the person arrested refuses upon the
request of a law enforcement officer to submit to a test or tests of
his or her breath or blood, no test shall be given except as authorized
under subsection (3) or (4) of this section.
(6) If, after arrest and after the other applicable conditions and
requirements of this section have been satisfied, a test or tests of
the person's blood or breath is administered and the test results
indicate that the alcohol concentration of the person's breath or blood
is 0.08 or more if the person is age twenty-one or over, or 0.02 or
more if the person is under the age of twenty-one, or the person
refuses to submit to a test, the arresting officer or other law
enforcement officer at whose direction any test has been given, or the
department, where applicable, if the arrest results in a test of the
person's blood, shall:
(a) Serve notice in writing on the person on behalf of the
department of its intention to suspend, revoke, or deny the person's
license, permit, or privilege to drive as required by subsection (7) of
this section;
(b) Serve notice in writing on the person on behalf of the
department of his or her right to a hearing, specifying the steps he or
she must take to obtain a hearing as provided by subsection (8) of this
section and that the person waives the right to a hearing if he or she
receives an ignition interlock driver's license;
(c) Mark the person's Washington state driver's license or permit
to drive, if any, in a manner authorized by the department;
(d) Serve notice in writing that the marked license or permit, if
any, is a temporary license that is valid for sixty days from the date
of arrest or from the date notice has been given in the event notice is
given by the department following a blood test, or until the
suspension, revocation, or denial of the person's license, permit, or
privilege to drive is sustained at a hearing pursuant to subsection (8)
of this section, whichever occurs first. No temporary license is valid
to any greater degree than the license or permit that it replaces; and
(e) Immediately notify the department of the arrest and transmit to
the department within seventy-two hours, except as delayed as the
result of a blood test, a sworn report or report under a declaration
authorized by RCW 9A.72.085 that states:
(i) That the officer had reasonable grounds to believe the arrested
person had been driving or was in actual physical control of a motor
vehicle within this state while under the influence of intoxicating
liquor or drugs, or both, or was under the age of twenty-one years and
had been driving or was in actual physical control of a motor vehicle
while having an alcohol concentration in violation of RCW 46.61.503;
(ii) That after receipt of the warnings required by subsection (2)
of this section the person refused to submit to a test of his or her
blood or breath, or a test was administered and the results indicated
that the alcohol concentration of the person's breath or blood was 0.08
or more if the person is age twenty-one or over, or was 0.02 or more if
the person is under the age of twenty-one; and
(iii) Any other information that the director may require by rule.
(7) The department of licensing, upon the receipt of a sworn report
or report under a declaration authorized by RCW 9A.72.085 under
subsection (6)(e) of this section, shall suspend, revoke, or deny the
person's license, permit, or privilege to drive or any nonresident
operating privilege, as provided in RCW 46.20.3101, such suspension,
revocation, or denial to be effective beginning sixty days from the
date of arrest or from the date notice has been given in the event
notice is given by the department following a blood test, or when
sustained at a hearing pursuant to subsection (8) of this section,
whichever occurs first.
(8) A person receiving notification under subsection (6)(b) of this
section may, within twenty days after the notice has been given,
request in writing a formal hearing before the department. The person
shall pay a fee of ((two)) three hundred seventy-five dollars as part
of the request. If the request is mailed, it must be postmarked within
twenty days after receipt of the notification. Upon timely receipt of
such a request for a formal hearing, including receipt of the required
((two)) three hundred seventy-five dollar fee, the department shall
afford the person an opportunity for a hearing. The department may
waive the required ((two)) three hundred seventy-five dollar fee if the
person is an indigent as defined in RCW 10.101.010. Except as
otherwise provided in this section, the hearing is subject to and shall
be scheduled and conducted in accordance with RCW 46.20.329 and
46.20.332. The hearing shall be conducted in the county of the arrest,
except that all or part of the hearing may, at the discretion of the
department, be conducted by telephone or other electronic means. The
hearing shall be held within sixty days following the arrest or
following the date notice has been given in the event notice is given
by the department following a blood test, unless otherwise agreed to by
the department and the person, in which case the action by the
department shall be stayed, and any valid temporary license marked
under subsection (6)(c) of this section extended, if the person is
otherwise eligible for licensing. For the purposes of this section,
the scope of the hearing shall cover the issues of whether a law
enforcement officer had reasonable grounds to believe the person had
been driving or was in actual physical control of a motor vehicle
within this state while under the influence of intoxicating liquor or
any drug or had been driving or was in actual physical control of a
motor vehicle within this state while having alcohol in his or her
system in a concentration of 0.02 or more if the person was under the
age of twenty-one, whether the person was placed under arrest, and (a)
whether the person refused to submit to the test or tests upon request
of the officer after having been informed that such refusal would
result in the revocation of the person's license, permit, or privilege
to drive, or (b) if a test or tests were administered, whether the
applicable requirements of this section were satisfied before the
administration of the test or tests, whether the person submitted to
the test or tests, or whether a test was administered without express
consent as permitted under this section, and whether the test or tests
indicated that the alcohol concentration of the person's breath or
blood was 0.08 or more if the person was age twenty-one or over at the
time of the arrest, or 0.02 or more if the person was under the age of
twenty-one at the time of the arrest. The sworn report or report under
a declaration authorized by RCW 9A.72.085 submitted by a law
enforcement officer is prima facie evidence that the officer had
reasonable grounds to believe the person had been driving or was in
actual physical control of a motor vehicle within this state while
under the influence of intoxicating liquor or drugs, or both, or the
person had been driving or was in actual physical control of a motor
vehicle within this state while having alcohol in his or her system in
a concentration of 0.02 or more and was under the age of twenty-one and
that the officer complied with the requirements of this section.
A hearing officer shall conduct the hearing, may issue subpoenas
for the attendance of witnesses and the production of documents, and
shall administer oaths to witnesses. The hearing officer shall not
issue a subpoena for the attendance of a witness at the request of the
person unless the request is accompanied by the fee required by RCW
5.56.010 for a witness in district court. The sworn report or report
under a declaration authorized by RCW 9A.72.085 of the law enforcement
officer and any other evidence accompanying the report shall be
admissible without further evidentiary foundation and the
certifications authorized by the criminal rules for courts of limited
jurisdiction shall be admissible without further evidentiary
foundation. The person may be represented by counsel, may question
witnesses, may present evidence, and may testify. The department shall
order that the suspension, revocation, or denial either be rescinded or
sustained.
(9) If the suspension, revocation, or denial is sustained after
such a hearing, the person whose license, privilege, or permit is
suspended, revoked, or denied has the right to file a petition in the
superior court of the county of arrest to review the final order of
revocation by the department in the same manner as an appeal from a
decision of a court of limited jurisdiction. Notice of appeal must be
filed within thirty days after the date the final order is served or
the right to appeal is waived. Notwithstanding RCW 46.20.334, RALJ
1.1, or other statutes or rules referencing de novo review, the appeal
shall be limited to a review of the record of the administrative
hearing. The appellant must pay the costs associated with obtaining
the record of the hearing before the hearing officer. The filing of
the appeal does not stay the effective date of the suspension,
revocation, or denial. A petition filed under this subsection must
include the petitioner's grounds for requesting review. Upon granting
petitioner's request for review, the court shall review the
department's final order of suspension, revocation, or denial as
expeditiously as possible. The review must be limited to a
determination of whether the department has committed any errors of
law. The superior court shall accept those factual determinations
supported by substantial evidence in the record: (a) That were
expressly made by the department; or (b) that may reasonably be
inferred from the final order of the department. The superior court
may reverse, affirm, or modify the decision of the department or remand
the case back to the department for further proceedings. The decision
of the superior court must be in writing and filed in the clerk's
office with the other papers in the case. The court shall state the
reasons for the decision. If judicial relief is sought for a stay or
other temporary remedy from the department's action, the court shall
not grant such relief unless the court finds that the appellant is
likely to prevail in the appeal and that without a stay the appellant
will suffer irreparable injury. If the court stays the suspension,
revocation, or denial it may impose conditions on such stay.
(10)(a) If a person whose driver's license, permit, or privilege to
drive has been or will be suspended, revoked, or denied under
subsection (7) of this section, other than as a result of a breath or
blood test refusal, and who has not committed an offense for which he
or she was granted a deferred prosecution under chapter 10.05 RCW,
petitions a court for a deferred prosecution on criminal charges
arising out of the arrest for which action has been or will be taken
under subsection (7) of this section, or notifies the department of
licensing of the intent to seek such a deferred prosecution, then the
license suspension or revocation shall be stayed pending entry of the
deferred prosecution. The stay shall not be longer than one hundred
fifty days after the date charges are filed, or two years after the
date of the arrest, whichever time period is shorter. If the court
stays the suspension, revocation, or denial, it may impose conditions
on such stay. If the person is otherwise eligible for licensing, the
department shall issue a temporary license, or extend any valid
temporary license marked under subsection (6) of this section, for the
period of the stay. If a deferred prosecution treatment plan is not
recommended in the report made under RCW 10.05.050, or if treatment is
rejected by the court, or if the person declines to accept an offered
treatment plan, or if the person violates any condition imposed by the
court, then the court shall immediately direct the department to cancel
the stay and any temporary marked license or extension of a temporary
license issued under this subsection.
(b) A suspension, revocation, or denial imposed under this section,
other than as a result of a breath or blood test refusal, shall be
stayed if the person is accepted for deferred prosecution as provided
in chapter 10.05 RCW for the incident upon which the suspension,
revocation, or denial is based. If the deferred prosecution is
terminated, the stay shall be lifted and the suspension, revocation, or
denial reinstated. If the deferred prosecution is completed, the stay
shall be lifted and the suspension, revocation, or denial canceled.
(c) The provisions of (b) of this subsection relating to a stay of
a suspension, revocation, or denial and the cancellation of any
suspension, revocation, or denial do not apply to the suspension,
revocation, denial, or disqualification of a person's commercial
driver's license or privilege to operate a commercial motor vehicle.
(11) When it has been finally determined under the procedures of
this section that a nonresident's privilege to operate a motor vehicle
in this state has been suspended, revoked, or denied, the department
shall give information in writing of the action taken to the motor
vehicle administrator of the state of the person's residence and of any
state in which he or she has a license.
Sec. 12 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)), unless the endorsement is issued for a period other
than six years, in which case the endorsement fee shall not exceed two
dollars for each year the initial motorcycle endorsement is issued.
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. 13 RCW 46.20.105 and 2000 c 115 s 5 are each amended to read
as follows:
(1)(a) The department may provide a method to distinguish the
driver's license of a person who is under the age of twenty-one from
the driver's license of a person who is twenty-one years of age or
older.
(b) If the department provides a method to distinguish under (a) of
this subsection, any driver's license issued to a person who is under
the age of twenty-one expires on the person's twenty-first birthdate.
(2) An instruction permit must be identified as an "instruction
permit" and issued in a distinctive form as determined by the
department.
(3) An intermediate license must be identified as an "intermediate
license" and issued in a distinctive form as determined by the
department.
NEW SECTION. Sec. 14 Sections 4 through 12 of this act take
effect October 1, 2012."
Correct the title.
EFFECT: (1) Establishes that the facial recognition matching
system be used only to verify the identity of an applicant or holder of
a driver's license, permit, or identicard to determine whether the
person has been issued a driver's license, permit, or identicard under
a different name or names.
(2) Requires that the Department of Licensing (DOL) post notices at
driver licensing offices, make written information available at
offices, and post information on the agency web site on: How the
facial recognition matching system works; all ways in which the
department may use results from the facial recognition matching system;
how an investigation based on results from the facial recognition
matching system would be conducted; and a person's right to appeal any
determinations made.
(3) Modifies when results from the facial recognition matching
system may be disclosed. The results: Are not available for public
inspection and copying; may only be disclosed pursuant to a valid
subpoena, warrant, or court order; may only be disclosed to a federal
government agency if specifically required under federal law; and may
be disclosed by DOL to a government agency, including a court or law
enforcement agency, for use in carrying out its functions if DOL has
determined that the person has committed certain prohibited practices
and this determination has been confirmed by a hearings examiner.
(4) Requires the Office of the Chief Information Officer to develop
the appropriate security standards for DOL's use of the facial
recognition matching system, subject to approval and oversight by the
Technology Services Board.
(5) Requires DOL to report to the Governor and the Legislature by
October 1st of each year regarding the numbers of: Investigations
initiated based on results from the matching system; determinations
made that a person has committed a prohibited practice related to
license fraud after the completion of an investigation; determinations
that were confirmed and those that were overturned by a hearings
examiner; cases where a person declined a hearing or did not attend a
scheduled hearing; and determinations that were referred to law
enforcement.
(6) Increases fees for instruction permits and renewals from $20 to
$25.
(7) Increases the fee for original driver's license exams from $20
to $35.
(8) Increases the duplicate license fee from $15 to $20.
(9) Increases the fee for DUI hearings from $200 to $375.
(10) Provides that a driver's license issued to a person under the
age of twenty-one expires on the person's 21st birthdate.