HOUSE BILL 1864
State of Washington | 68th Legislature | 2024 Regular Session |
ByRepresentatives Christian, Sandlin, Couture, and Griffey
Prefiled 12/04/23.Read first time 01/08/24.Referred to Committee on Transportation.
AN ACT Relating to limiting the monetary assistance an indigent person may receive from the ignition interlock device revolving account program; and amending RCW
46.20.385.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW
46.20.385 and 2020 c 330 s 9 are each amended to read as follows:
(1)(a) Any person licensed under this chapter or who has a valid driver's license from another state, who is convicted of: (i) A violation of RCW
46.61.502 or
46.61.504 or an equivalent local or out-of-state statute or ordinance, or (ii) a violation of RCW
46.61.520(1)(a) or an equivalent local or out-of-state statute or ordinance, or (iii) a conviction for a violation of RCW
46.61.520(1) (b) or (c) if the conviction is the result of a charge that was originally filed as a violation of RCW
46.61.520(1)(a), or (iv) RCW
46.61.522(1)(b) or an equivalent local or out-of-state statute or ordinance, or (v) RCW
46.61.522(1) (a) or (c) if the conviction is the result of a charge that was originally filed as a violation of RCW
46.61.522(1)(b) committed while under the influence of intoxicating liquor or any drug, or (vi) who has had or will have his or her license suspended, revoked, or denied under RCW
46.20.3101, or who is otherwise permitted under subsection (8) of this section, may submit to the department an application for an ignition interlock driver's license. The department, upon receipt of the prescribed fee and upon determining that the petitioner is eligible to receive the license, may issue an ignition interlock driver's license.
(b) A person may apply for an ignition interlock driver's license anytime, including immediately after receiving the notices under RCW
46.20.308 or after his or her license is suspended, revoked, or denied.
(c) An applicant under this subsection shall provide proof to the satisfaction of the department that a functioning ignition interlock device has been installed on all vehicles operated by the person.
(i) The department shall require the person to maintain the device on all vehicles operated by the person and shall restrict the person to operating only vehicles equipped with the device, for the remainder of the period of suspension, revocation, or denial, unless otherwise permitted under RCW
46.20.720(6).
(ii) Subject to any periodic renewal requirements established by the department under this section and subject to any applicable compliance requirements under this chapter or other law, an ignition interlock driver's license granted upon a suspension or revocation under RCW
46.61.5055 or
46.20.3101 extends through the remaining portion of any concurrent or consecutive suspension or revocation that may be imposed as the result of administrative action and criminal conviction arising out of the same incident.
(2) An applicant for an ignition interlock driver's license who qualifies under subsection (1) of this section is eligible to receive a license only if the applicant files satisfactory proof of financial responsibility under chapter
46.29 RCW.
(3) Upon receipt of evidence that a holder of an ignition interlock driver's license granted under this subsection no longer has a functioning ignition interlock device installed on all vehicles operated by the driver, the director shall give written notice by first-class mail to the driver that the ignition interlock driver's license shall be canceled. If at any time before the cancellation goes into effect the driver submits evidence that a functioning ignition interlock device has been installed on all vehicles operated by the driver, the cancellation shall be stayed. If the cancellation becomes effective, the driver may obtain, at no additional charge, a new ignition interlock driver's license upon submittal of evidence that a functioning ignition interlock device has been installed on all vehicles operated by the driver.
(4) A person aggrieved by the decision of the department on the application for an ignition interlock driver's license may request a hearing as provided by rule of the department.
(5) The director shall cancel an ignition interlock driver's license after receiving notice that the holder thereof has been convicted of operating a motor vehicle in violation of its restrictions, no longer meets the eligibility requirements, or has been convicted of or found to have committed a separate offense or any other act or omission that under this chapter would warrant suspension or revocation of a regular driver's license. The department must give notice of the cancellation as provided under RCW
46.20.245. A person whose ignition interlock driver's license has been canceled under this section may reapply for a new ignition interlock driver's license if he or she is otherwise qualified under this section and pays the fee required under RCW
46.20.380.
(6)(a) Unless costs are waived by the ignition interlock company or the person is indigent under RCW
10.101.010, the applicant shall pay the cost of installing, removing, and leasing the ignition interlock device and shall pay an additional fee of ((
twenty-one dollars))
$21 per month. Payments shall be made directly to the ignition interlock company. The company shall remit the additional fee to the department, except that the company may retain ((
twenty-five))
25 cents per month of the additional fee to cover the expenses associated with administering the fee.
(b) The department shall deposit the proceeds of the ((twenty-one dollar))$21 fee into the ignition interlock device revolving account. Expenditures from the account may be used only to administer and operate the ignition interlock device revolving account program. The department shall adopt rules to provide monetary assistance according to greatest need and when funds are available.
(c) The department shall adopt rules to limit the monetary assistance an indigent person may receive from the ignition interlock device revolving account program to assistance with the monetary costs of installing, removing, and leasing an ignition interlock device in one vehicle per person or, if more practicable, one vehicle per household, and applicable licensing.
(7) The department shall adopt rules to implement ignition interlock licensing. The department shall consult with the administrative office of the courts, the state patrol, the Washington association of sheriffs and police chiefs, ignition interlock companies, and any other organization or entity the department deems appropriate.
(8)(a) Any person licensed under this chapter who is convicted of a violation of RCW
46.61.500 when the charge was originally filed as a violation of RCW
46.61.502 or
46.61.504, or an equivalent local ordinance, may submit to the department an application for an ignition interlock driver's license under this section.
(b) A person who does not have any driver's license under this chapter, but who would otherwise be eligible under this section to apply for an ignition interlock license, may submit to the department an application for an ignition interlock license. The department may require the person to take any driver's licensing examination under this chapter and may require the person to also apply and qualify for a temporary restricted driver's license under RCW
46.20.391.
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