BILL REQ. #: S-0708.2
State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 02/08/11. Referred to Committee on Transportation.
AN ACT Relating to vehicle subagent services and fees; amending RCW 46.04.574, 46.04.575, 46.20.117, 46.20.181, 46.20.200, and 46.52.130; and reenacting and amending RCW 46.20.120.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 46.04.574 and 2010 c 161 s 149 are each amended to
read as follows:
"Subagency" means the licensing office in which (1) vehicle title
and registration functions, (2) driver's license and identicard
renewal, replacement, and address changes, and (3) the disclosure of
driving record abstracts are carried out by a subagent.
Sec. 2 RCW 46.04.575 and 2010 c 161 s 150 are each amended to
read as follows:
"Subagent" means a person or governmental entity recommended by a
county auditor or other agent and who is appointed by the director to
provide (1) vehicle registration and certificate of title services, (2)
driver's license and identicard renewal, replacement, and address
change services, and (3) driving record abstract disclosure services
under contract with the county auditor or other agent.
Sec. 3 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 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 anniversary of the applicant's birthdate
after issuance.
(3)(a) Renewal. An application for identicard renewal may be
submitted by means of:
(((a))) (i) Personal appearance before the department or a
subagent; or
(((b))) (ii) 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.
(b) A subagent who renews an identicard under this subsection shall
collect and retain an additional five dollar fee.
(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.
Sec. 4 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 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) 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 years.
(3)(a) An application for driver's license renewal may be submitted
by means of:
(((a))) (i) Personal appearance before the department or a
subagent; or
(((b))) (ii) 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.
(b) A subagent who renews a driver's license under this section
shall collect and retain an additional five dollar fee.
(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))) (a)(ii) 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))) (a)(ii) 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."
Sec. 5 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) A person may renew his or her driver's 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 twenty-five
dollar fee includes the fee for the required photograph. A person may
also renew his or her driver's license on or before the expiration date
by submitting an application as prescribed by the department to a
subagent. A subagent who renews a driver's license under this section
shall collect and retain an additional five dollar fee.
(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.
Sec. 6 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 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 to the department and surrender of the permit,
identicard, or driver's license being replaced. A replacement
identicard or driver's license may be obtained to change or correct
material information upon payment of the ten dollar fee to a subagent
and surrender of the identicard or driver's license being replaced. A
subagent who replaces an identicard or a driver's license under this
subsection shall collect and retain an additional five dollar fee.
Sec. 7 RCW 46.52.130 and 2010 c 253 s 1 are each amended to read
as follows:
Upon a proper request, the department or a subagent may furnish an
abstract of a person's driving record as permitted under this section.
(1) Contents of abstract of driving record. An abstract of a
person's driving record, whenever possible, must include:
(a) An enumeration of motor vehicle accidents in which the person
was driving, including:
(i) The total number of vehicles involved;
(ii) Whether the vehicles were legally parked or moving;
(iii) Whether the vehicles were occupied at the time of the
accident; and
(iv) Whether the accident resulted in a fatality;
(b) Any reported convictions, forfeitures of bail, or findings that
an infraction was committed based upon a violation of any motor vehicle
law;
(c) The status of the person's driving privilege in this state; and
(d) Any reports of failure to appear in response to a traffic
citation or failure to respond to a notice of infraction served upon
the named individual by an arresting officer.
(2) Release of abstract of driving record. An abstract of a
person's driving record may be furnished to the following persons or
entities:
(a) Named individuals. (i) An abstract of the full driving record
maintained by the department may be furnished to the individual named
in the abstract.
(ii) Nothing in this section prevents 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 or open infraction or
criminal case in that court. 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 the production and copying of the
abstract for the individual.
(b) Employers or prospective employers. (i) An abstract of the
full driving record maintained by the department may be furnished to an
employer or prospective employer or an agent acting on behalf of an
employer or prospective employer of the named individual for purposes
related to driving by the individual as a condition of employment or
otherwise at the direction of the employer.
(ii) Release of an abstract of the driving record of an employee or
prospective employee requires a statement signed by: (A) The employee
or prospective employee that authorizes the release of the record; and
(B) the employer attesting that the information is necessary for
employment purposes related to driving by the individual as a condition
of employment or otherwise at the direction of the employer. If the
employer or prospective employer authorizes an agent to obtain this
information on their behalf, this must be noted in the statement.
(iii) Upon request of the person named in the abstract provided
under this subsection, and upon that same person furnishing copies of
court records ruling that the person was not at fault in a motor
vehicle accident, the department must indicate on any abstract provided
under this subsection that the person was not at fault in the motor
vehicle accident.
(c) Volunteer organizations. (i) An abstract of the full driving
record maintained by the department may be furnished to a volunteer
organization or an agent for a volunteer organization for which the
named individual has submitted an application for a position that would
require driving by the individual at the direction of the volunteer
organization.
(ii) Release of an abstract of the driving record of a prospective
volunteer requires a statement signed by: (A) The prospective
volunteer that authorizes the release of the record; and (B) the
volunteer organization attesting that the information is necessary for
purposes related to driving by the individual at the direction of the
volunteer organization. If the volunteer organization authorizes an
agent to obtain this information on their behalf, this must be noted in
the statement.
(d) Transit authorities. An abstract of the full driving record
maintained by the department may be furnished to an employee or agent
of a transit authority checking prospective volunteer vanpool drivers
for insurance and risk management needs.
(e) Insurance carriers. (i) An abstract of the driving record
maintained by the department covering the period of not more than the
last three years may be furnished to an insurance company or its agent:
(A) That has motor vehicle or life insurance in effect covering the
named individual;
(B) To which the named individual has applied; or
(C) That has insurance in effect covering the employer or a
prospective employer of the named individual.
(ii) The abstract provided to the insurance company must:
(A) Not contain any information related to actions committed by law
enforcement officers or firefighters, as both terms are defined in RCW
41.26.030, or by Washington state patrol officers, while driving
official vehicles in the performance of their occupational duty. This
does not apply to any situation where the vehicle was used in the
commission of a misdemeanor or felony;
(B) Include convictions under RCW 46.61.5249 and 46.61.525, except
that the abstract must report the convictions only as negligent driving
without reference to whether they are for first or second degree
negligent driving; and
(C) Exclude any deferred prosecution under RCW 10.05.060, except
that if a person is removed from a deferred prosecution under RCW
10.05.090, the abstract must show the deferred prosecution as well as
the removal.
(iii) Any policy of insurance may not be canceled, nonrenewed,
denied, or have the rate increased on the basis of information
regarding an accident included in the abstract of a driving record,
unless the policyholder was determined to be at fault.
(iv) Any insurance company or its agent, for underwriting purposes
relating to the operation of commercial motor vehicles, may not use any
information contained in the abstract relative to any person's
operation of motor vehicles while not engaged in such employment. Any
insurance company or its agent, for underwriting purposes relating to
the operation of noncommercial motor vehicles, may not use any
information contained in the abstract relative to any person's
operation of commercial motor vehicles.
(v) The director may enter into a contractual agreement with an
insurance company or its agent for the limited purpose of reviewing the
driving records of existing policyholders for changes to the record
during specified periods of time. The department shall establish a fee
for this service, which must be deposited in the highway safety fund.
The fee for this service must be set at a level that will not result in
a net revenue loss to the state. Any information provided under this
subsection must be treated in the same manner and is subject to the
same restrictions as driving record abstracts.
(f) Alcohol/drug assessment or treatment agencies. An abstract of
the driving record maintained by the department covering the period of
not more than the last five years may be furnished to an alcohol/drug
assessment or treatment agency approved by the department of social and
health services to which the named individual has applied or been
assigned for evaluation or treatment, for purposes of assisting
employees in making a determination as to what level of treatment, if
any, is appropriate, except that the abstract must:
(i) Also include records of alcohol-related offenses, as defined in
RCW 46.01.260(2), covering a period of not more than the last ten
years; and
(ii) Indicate whether an alcohol-related offense was originally
charged as a violation of either RCW 46.61.502 or 46.61.504.
(g) City attorneys and county prosecuting attorneys. An abstract
of the full driving record maintained by the department, including
whether a recorded violation is an alcohol-related offense, as defined
in RCW 46.01.260(2), that was originally charged as a violation of
either RCW 46.61.502 or 46.61.504, may be furnished to city attorneys
or county prosecuting attorneys. City attorneys and county prosecuting
attorneys may provide the driving record to alcohol/drug assessment or
treatment agencies approved by the department of social and health
services to which the named individual has applied or been assigned for
evaluation or treatment.
(h) State colleges, universities, or agencies, or units of local
government. An abstract of the full driving record maintained by the
department may be furnished to (i) state colleges, universities, or
agencies for employment and risk management purposes or (ii) units of
local government authorized to self-insure under RCW 48.62.031 for
employment and risk management purposes.
(i) Superintendent of public instruction. An abstract of the full
driving record maintained by the department may be furnished to the
superintendent of public instruction for review of public school bus
driver records. The superintendent or superintendent's designee may
discuss information on the driving record with an authorized
representative of the employing school district for employment and risk
management purposes.
(3) Release to third parties prohibited. Any person or entity
receiving an abstract of a person's driving record under subsection
(2)(b) through (i) of this section shall use the abstract exclusively
for his, her, or its own purposes or as otherwise expressly permitted
under this section, and shall not divulge any information contained in
the abstract to a third party.
(4) Fee. The director shall collect a ten((-))dollar fee for each
abstract of a person's driving record furnished by the department.
Fifty percent of the fee must be deposited in the highway safety fund,
and fifty percent of the fee must be deposited according to RCW
46.68.038. A subagent shall collect and retain an additional five
dollar fee for each abstract of a person's driving record furnished by
the subagent.
(5) Violation. (a) Any negligent violation of this section is a
gross misdemeanor.
(b) Any intentional violation of this section is a class C felony.