AN ACT Relating to the prevention of alcohol and drug-related illness and injury; amending RCW 18.64.005, 46.04.580, 46.20.308, 46.20.311, 46.20.311, 46.20.380, 46.20.391, 46.61.515, and 46.68.060; adding a new section to chapter 43.70 RCW; adding a new section to chapter 46.04 RCW; adding a new section to chapter 46.20 RCW; adding a new chapter to Title 46 RCW; creating new sections; repealing RCW 46.20.599; prescribing penalties; making an appropriation; providing an effective date; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that:

(1) Death and injury from alcohol or drug-related traffic accidents are a serious epidemic and one of the most threatening and pressing public health problems in the state, especially for our youth.

(a) Alcohol-related traffic fatalities are the number one cause of death in the sixteen to twenty-four year old age group.

(b) There are more deaths from drunk driving than the combined total of deaths for murder and nonnegligent homicide. In 1986 seven hundred fourteen people died in Washington from motor vehicle accidents, and in 1988 seven hundred eighty-five people died from similar accidents; half of these deaths were alcohol related. By comparison the number of deaths from homicide in 1986 was two hundred twenty.

(c) In 1988 thirteen thousand seven hundred twenty-four people were injured in alcohol-related traffic accidents, of which two thousand six hundred sixty-five were disabling injuries.

(d) Drug-related impairment causes a large number of traffic fatalities and injuries in addition to those documented for alcohol-related accidents.

(e) The social and financial costs from alcohol and drug-related traffic accidents are tremendous.

(2) A major concern of public health is the prevention of death and injury. Public health efforts must be reoriented to focus on the major causes of public death and injury in contemporary society.

(3) The state must take positive steps in the public health tradition to drastically cut back the root causes of the epidemic by a comprehensive public health program of education, prevention, and treatment. Because of the nature of this social epidemic, this public health effort must be conducted in large part by law enforcement agencies in conjunction with public health officials, trained health care providers, and the public.

(4) The legislature declares that the primary goal of this effort is to reduce the number of people killed and injured from drunk driving on our roads each year and remove alcohol-related traffic fatalities as the leading cause of death of our youth. The primary educational goal of this public health effort is to change the prevailing attitude that drinking and driving are socially acceptable, and to protect our youth now and in the future from alcoholic beverage advertising that is targeted at them.

Sec. 2. Section 3, chapter 98, Laws of 1935 as last amended by section 409, chapter 9, Laws of 1989 1st ex. sess. and RCW 18.64.005 are each amended to read as follows:

The board shall:

(1) Regulate the practice of pharmacy and enforce all laws placed under its jurisdiction;

(2) Prepare or determine the nature of, and supervise the grading of, examinations for applicants for pharmacists' licenses;

(3) Establish the qualifications for licensure of pharmacists or pharmacy interns;

(4) Conduct hearings for the revocation or suspension of licenses, permits, registrations, certificates, or any other authority to practice granted by the board, which hearings may also be conducted by an administrative law judge appointed under chapter 34.12 RCW;

(5) Issue subpoenas and administer oaths in connection with any hearing, or disciplinary proceeding held under this chapter or any other chapter assigned to the board;

(6) Assist the regularly constituted enforcement agencies of this state in enforcing all laws pertaining to drugs, controlled substances, and the practice of pharmacy, or any other laws or rules under its jurisdiction;

(7) Promulgate rules for the dispensing, distribution, wholesaling, and manufacturing of drugs and devices and the practice of pharmacy for the protection and promotion of the public health, safety, and welfare. Violation of any such rules shall constitute grounds for refusal, suspension, or revocation of licenses or any other authority to practice issued by the board;

(8) Adopt rules establishing and governing continuing education requirements for pharmacists and other licensees applying for renewal of licenses under this chapter; and

(9) Be immune, collectively and individually, from suit in any action, civil or criminal, based upon any disciplinary proceedings or other official acts performed as members of such board. Such immunity shall apply to employees of the department when acting in the course of disciplinary proceedings((;

(10) Establish an interdepartmental coordinating committee on drug misuse, diversion, and abuse, composed of one member from each caucus of the house of representatives and senate, the superintendent of public instruction, the secretary of health, the executive secretary of the criminal justice training commission, the chief of the Washington state patrol, the secretary of social and health services, director of the traffic safety commission, representatives of prescribing, delivering, and dispensing health care practitioner boards, the attorney general, the director of the department of labor and industries, a representative of local law enforcement agencies, and the executive officer of the board of pharmacy, or their designees. The committee shall meet at least twice annually at the call of the executive officer of the board of pharmacy who shall serve as chairperson of the committee. The committee shall advise the board of pharmacy in all matters related to its powers and duties delineated in subsections (11), (12), (13), (14) and (15) of this section, and shall report to the legislature each biennium on the results of its and the board's activity under those subsections;

(11) Provide for the coordination and exchange of information on state programs relating to drug misuse, diversion, and abuse, and act as a permanent liaison among the departments and agencies engaged in activities concerning the legal and illegal use of drugs;

~~(12) Suggest strategies for preventing, reducing, and eliminating drug misuse, diversion, and abuse, including professional and public education, and treatment of persons misusing and abusing drugs;~~

~~(13) Conduct or encourage educational programs to be conducted to prevent the misuse, diversion, and abuse of drugs for health care practitioners and licensed or certified health care facilities;~~

(14) Monitor trends of drug misuse, diversion, and abuse and make periodic reports to disciplinary boards of licensed health care practitioners and education, treatment, and appropriate law enforcement agencies regarding these trends;

(15) Enter into written agreements with all other state and federal agencies with any responsibility for controlling drug misuse, diversion, or abuse and with health maintenance organizations, health care service contractors, and health care providers to assist and promote coordination of agencies responsible for ensuring compliance with controlled substances laws and to monitor observance of these laws and cooperation between these agencies. The department of social and health services, the department of labor and industries, and any other state agency including licensure disciplinary boards, shall refer all apparent instances of over-prescribing by practitioners and all apparent instances of legend drug overuse to the department. The department shall also encourage such referral by health maintenance organizations, health service contractors, and health care providers)).

NEW SECTION. Sec. 3. A new section is added to chapter 43.70 RCW to read as follows:

The department shall:

(1) Establish an interdepartmental coordinating committee on alcohol and drug misuse, diversion, and abuse, composed of one member from each caucus of the house of representatives and senate, the superintendent of public instruction, the secretary of health, the executive secretary of the criminal justice training commission, the chief of the Washington state patrol, the secretary of social and health services, director of the traffic safety commission, representatives of prescribing, delivering, and dispensing health care practitioner boards, the attorney general, the director of the department of labor and industries, a representative of local law enforcement agencies, and the executive officer of the board of pharmacy, or their designees. The committee shall meet at least twice annually at the call of the secretary of the department who shall serve as chairperson of the committee. The committee shall advise the department in all matters related to its powers and duties delineated in subsections (2), (3), (4), (5), and (6) of this section, and shall report to the legislature each biennium on the results of its and the department's activity under those subsections;

(2) Provide for the coordination and exchange of information on state programs relating to alcohol and drug misuse, diversion, and abuse, and act as a permanent liaison among the departments and agencies engaged in activities concerning the legal and illegal use of alcohol and drugs;

(3) Suggest strategies for preventing, reducing, and eliminating alcohol and drug misuse, diversion, and abuse, including professional and public education, and treatment of persons misusing and abusing alcohol and drugs;

(4) Conduct or encourage educational programs to be conducted to prevent the misuse, diversion, and abuse of alcohol and drugs for health care practitioners and licensed or certified health care facilities;

(5) Monitor trends of alcohol and drug misuse, diversion, and abuse and make periodic reports to disciplinary boards of licensed health care practitioners and education, treatment, and appropriate law enforcement agencies regarding these trends; and

(6) Enter into written agreements with all other state and federal agencies with any responsibility for controlling alcohol and drug misuse, diversion, or abuse and with health maintenance organizations, health care service contractors, and health care providers to assist and promote coordination of agencies responsible for ensuring compliance with controlled substances laws and to monitor observance of these laws and cooperation between these agencies. The department of social and health services, the department of labor and industries, and any other state agency, including licensure disciplinary boards, shall refer all apparent instances of over-prescribing by practitioners and all apparent instances of legend drug overuse to the department. The department shall also encourage such referral by health maintenance organizations, health service contractors, and health care providers.

NEW SECTION. Sec. 4. (1) The legislature finds that:

(a) The greater percentage of motor vehicle accidents involving alcohol use occur between the hours of nine p.m. and three a.m., with a greater percentage of accidents during that time period occurring on weekends;

(b) The full and effective use of resources available to state and local governments must be brought to bear to solve the serious problem caused by the misuse and abuse of alcohol and drugs in situations involving the operation of motor vehicles; and

(c) At fixed, publicized-in-advance traffic checkpoints, the motorist can see that other vehicles are being stopped, can see visible signs of a police officer's authority, and is much less likely to be frightened or annoyed by the intrusion.

(2) It is the policy of this state to take all reasonable actions to protect the public safety and welfare from the extremely grave menace posed by drivers of motor vehicles who are intoxicated either by alcoholic beverages, drugs, or any combination of them. The state has a vital interest in promoting public safety upon the highways by detecting and prosecuting these intoxicated drivers. The establishment of sobriety checkpoints is viewed as a reasonable means of protecting this vital public interest. Given the importance of the governmental interest at stake, there is deemed to be a minimal intrusion in a brief stop required by such a checkpoint, especially in the absence of effective alternatives for policing intoxicated drivers. It is accepted that a person's expectation of privacy in an automobile and of freedom in its operation are significantly different from the traditional expectation of privacy and freedom in a person's residence. A program based on sobriety checkpoints, designed so as to impose standards of reasonableness upon the exercise of discretion by government officials in order to safeguard the privacy and security of individuals against arbitrary invasions, is established as the public policy of the state of Washington. The nature of alcohol or drug intoxication and the evidence of accidents involving intoxicated drivers referenced in section 1 of this act were considered when balancing the need of society against minimal intrusion to the right of the person as granted by the Fourth Amendment of the United States Constitution or Article I, section 7 of the state Constitution in allowing government an adequate means of guarding the public safety and welfare. For these reasons, the state of Washington adopts a policy of encouraging the use of sobriety checkpoints established under this chapter.

NEW SECTION. Sec. 5. A program of sobriety checkpoints is established for the purpose of detecting and prosecuting drivers influenced by the use of alcohol, drugs, or any combination of them. The chief of the Washington state patrol and local law enforcement agencies are authorized to establish a program of checkpoints in accordance with the minimum standards and guidelines set forth in section 6 of this act. Any such program is deemed to be in response to the legislative findings and public policy referenced in sections 1 and 4 of this act. The chief of the Washington state patrol and local law enforcement agencies that establish such a sobriety checkpoint program shall implement the program by written procedures in conformity with and not more intrusive upon the privacy and security of drivers than the standards and guidelines of section 6 of this act.

NEW SECTION. Sec. 6. (1) Any program of sobriety checkpoints established by the chief of the Washington state patrol or local law enforcement agencies under section 5 of this act shall meet the standards and guidelines of this section, which shall be deemed to be minimum requirements. Nothing contained in this section may be construed as preventing the chief of the Washington state patrol or local law enforcement agencies from following additional standards and guidelines, especially those that may be established by the judiciary, if those standards and guidelines are not more intrusive upon the privacy and security of drivers than those imposed by this section.

(2) Every agency using sobriety checkpoints shall meet the following criteria:

(a) All officers engaged in the operation of sobriety checkpoints shall meet the training standards for field sobriety testing as established by the Washington state patrol.

(b) Each sobriety checkpoint location and time shall be selected at least two weeks in advance by agency management personnel other than those manning the checkpoints. Locations shall be selected by analyzing objective data, including, but not limited to, accident and arrest statistics for driving while under the influence in order to maximize contact with offenders of laws against driving while under the influence of intoxicants.

(d) They shall provide for a sufficient quantity and visibility of uniformed officers and marked patrol vehicles to assure timely processing of intoxicated drivers, as well as to move traffic with a minimum of inconvenience.

(e) They shall be supervised by an officer with the rank of sergeant or above.

(f) All officers involved in any sobriety checkpoint stop shall be in uniform, shall carry proper identification, and shall use marked patrol vehicles.

(g) The sobriety checkpoint location shall provide adequate illumination and a safe place to stop off the roadway. The location shall also contain an off-road holding area for vehicles involved in the sobriety checkpoint.

(h) Adequate warning of the checkpoint shall be provided through the use of signs and flares. Signs stating "Sobriety Checkpoint Ahead‑-Prepare to Stop" shall be placed an adequate distance before the location, in the direction of the traffic flow. Signs shall be at least thirty-six inches square, with the letters "Sobriety Checkpoint Ahead‑-Prepare to Stop" being at least six inches high.

(i) Sobriety checks shall be made on a completely random basis without discrimination. No more vehicles may be stopped at any one time than can be inspected effectively by the available officers. When an officer is available, the first vehicle approaching the sobriety checkpoint location shall be signaled to stop for a sobriety check.

(j) All sobriety checkpoints shall be located at a fixed location and shall not be conducted as random or roving patrols.

(k) The supervisor may terminate the sobriety checkpoint when staffing levels decrease because of processing intoxicated drivers, other emergency needs, or when traffic congestion would otherwise result.

(l) An officer may use a prearrest breath test instrument at the discretion of the supervisor in charge of the sobriety checkpoint.

(m) Each agency conducting sobriety checkpoints shall establish operational procedures, including, but not limited to:

(i) Sobriety checkpoints configurations;

(ii) Placement of signing;

(iii) Placement of flares;

(iv) Method of processing alcohol-affected drivers; and

(n) The agency conducting sobriety checkpoints shall publicize the fact and location of the planned checkpoints beginning a minimum of four days before the checkpoint is to be carried out using means calculated to reach the largest number of people.

Each agency shall make these procedures a matter of public notice.

NEW SECTION. Sec. 7. A superior court presiding judge or the judge's designee shall review the establishment of a program of sobriety checkpoints and issue an area-wide search warrant upon a showing that:

(1) The program complies with section 6 of this act;

(2) The program will not be operated close to checkpoints operated by other law enforcement agencies so that the public is unreasonably inconvenienced; and

(3) No sobriety checkpoints are to be conducted by local or state jurisdictions on federal interstate highways.

NEW SECTION. Sec. 8. A new section is added to chapter 46.04 RCW to read as follows:

"Alcohol concentration" means (1) the grams of alcohol per two hundred ten liters of a person's breath, or (2) the percent by weight of alcohol in a person's blood.

Sec. 9. Section 46.04.580, chapter 12, Laws of 1961 and RCW 46.04.580 are each amended to read as follows:

"Suspend," in all its forms, means invalidation for any period less than one calendar year and thereafter until reinstatement. However, under RCW 46.61.515 and section 11 of this act the invalidation may last for more than one calendar year.

Sec. 10. Section 1, chapter 22, Laws of 1987 as amended by section 8, chapter 337, Laws of 1989 and RCW 46.20.308 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 alcoholic content of 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.

(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. However, in those instances where: ((~~(a)~~)) The person is incapable due to physical injury, physical incapacity, or other physical limitation, of providing a breath sample; or ((~~(b) as a result of a traffic accident~~)) the person is being treated for a medical condition in a hospital, clinic, doctor's office, or other similar facility in which a breath testing instrument is not present, a blood test shall be administered by a qualified person as provided in RCW 46.61.506(4). 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 that (a) his or her privilege to drive will be revoked or denied if he or she refuses to submit to the test, ((~~and~~)) (b) that his or her privilege to drive will be suspended, revoked, or denied if the test is administered and the test indicates the alcohol concentration of the person's breath or blood is 0.10 or more, and (c) that his or her refusal to take the test may be used in a criminal trial.

(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 another person has been injured and there is a reasonable likelihood that such other person may die as a result of injuries sustained in the accident, 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 person submits to a test or tests of his or her blood or breath, or such a test has been administered without that person's express consent as permitted by subsection (3) or (4) of this section, and the test results indicate that the alcohol concentration of the person's breath or blood is 0.10 or more, 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 if the arrest is the result of a blood test, 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. Within five days after the notice has been given, the person may, in writing, request a formal hearing as provided by subsection (8) of this section. If such request is made by mail it must be postmarked within five days after the notice have been given;

(d) Issue a temporary license to be effective twelve hours after the time of arrest and valid for thirty days from the date of arrest 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;

(e) Immediately notify the department of licensing of the arrest and transmit to the department of licensing any confiscated license or permit and a sworn report 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; and

(ii) That after receipt of the warnings required by subsection (2) of this section the person refused to submit, or submitted to a test or tests, or that a test was administered without the person's express consent as permitted under subsection (3) or (4) of this section; and

(iii) That the results of any test administered indicated that the alcohol concentration of the person's breath or blood was 0.10 or more; and

(iv) Any other information that the director may require by rule or regulation.

(7) The department of licensing, upon the receipt of a sworn report of the law enforcement officer 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 and that (a) the person had refused to submit to the test or tests upon the request of the law enforcement officer after being informed that refusal would result in the revocation of the person's privilege to drive, or (b) the person submitted to a test or tests and the results indicated that the alcohol concentration of the person's breath or blood was 0.10 or more, shall suspend, revoke, or deny the person's license or permit to drive or any nonresident operating privilege, such suspension, revocation, or denial to be effective thirty days from the date of arrest or when sustained at a hearing pursuant to subsection (8) of this section, whichever occurs first.

(((7) Upon revoking the license or permit to drive or the nonresident operating privilege of any person, the department shall immediately notify the person involved in writing by personal service or by certified mail of its decision and the grounds therefor, and of the person's right to a hearing, specifying the steps he or she must take to obtain a hearing. Within fifteen days after the notice has been given, the person may, in writing, request a formal hearing.))

(8) Upon timely receipt of ((~~such~~)) a request for a formal hearing, the department shall afford the person an opportunity for a hearing as provided in 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. For the purposes of this section, the scope of ((~~such~~)) 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, whether the person was placed under arrest, and whether (a) 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 privilege to drive or, (b) if a test was 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 0.10 or more. The sworn report submitted by a law enforcement officer constitutes a presumption 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, that the officer complied with the requirements of this section, and that the testing instrument was in proper working condition. ((The department shall order that the revocation either be rescinded or sustained. Any decision by the department revoking a person's driving privilege shall be stayed and shall not take effect while a formal hearing is pending as provided in this section or during the pendency of a subsequent appeal to superior court so long as there is no conviction for a moving violation or no finding that the person has committed a traffic infraction that is a moving violation during pendency of the hearing and appeal.

~~(8)~~)) (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 suspension, revocation, or denial by the department in the manner provided in RCW 46.20.334. The filing of the appeal does not stay the effective date of the suspension, revocation, or denial.

((~~(9)~~)) (10) 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.

NEW SECTION. Sec. 11. A new section is added to chapter 46.20 RCW to read as follows:

(1) Pursuant to RCW 46.20.308, the department shall suspend, revoke, or deny the arrested person's license or permit to drive or any nonresident privilege as follows:

(a) In the case of a person who has refused a test or tests:

(i) For a first refusal within five years from the date of refusal, revocation, or denial for one year;

(ii) For a second or subsequent refusal within five years of the date of refusal, revocation, or denial for two years.

(b) In the case of an incident where a person has submitted to or been administered a test or tests indicating that the alcohol concentration of the person's breath or blood was 0.10 or more:

(i) For a first incident within five years, where there has been no previous conviction of RCW 46.61.502 or 46.61.504 within the five-year period preceding the current incident, suspension, or denial until the person reaches age nineteen or for ninety days, whichever is longer;

(ii) For a second incident within five years, revocation or denial for one year. A previous conviction under RCW 46.61.502 or 46.61.504 within the five-year period preceding the current incident, that did not result in a suspension or denial under this subsection, shall be considered a previous incident for purposes of this subsection;

(iii) For a third or subsequent incident within five years, revocation or denial for two years. Previous convictions under RCW 46.61.502, 46.61.504, 46.61.520, or 46.61.522 within the five-year period preceding the current incident, that did not result in a suspension, revocation, or denial under this subsection, shall be considered previous incidents for purposes of this subsection.

(2) The department shall not grant or reinstate a person's privilege to drive that has been suspended, revoked, or denied under subsection (1) of this section until it has determined the person is eligible for reinstatement under RCW 46.20.031 and is otherwise qualified.

Sec. 12. Section 9, chapter 148, Laws of 1988 and RCW 46.20.311 are each amended to read as follows:

(1) The department shall not suspend a driver's license or privilege to drive a motor vehicle on the public highways for a fixed period of more than one year, except as permitted under RCW 46.20.342 or 46.61.515. Whenever the license or driving privilege of any person is suspended by reason of a conviction, a finding that a traffic infraction has been committed, pursuant to chapter 46.29 RCW, or pursuant to RCW 46.20.291 or 46.20.308, the suspension shall remain in effect and the department shall not issue to the person any new, duplicate, or renewal license until the person pays a reinstatement fee of twenty dollars and gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, the reinstatement fee shall be ((~~fifty~~)) one hundred dollars.

(2) Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked, unless the revocation was for a cause which has been removed, is not entitled to have the license or privilege renewed or restored until: (a) After the expiration of one year from the date ((~~on which the revoked license was surrendered to and received by the department~~)) the license or privilege to drive was revoked; (b) after the expiration of the applicable revocation period provided by RCW 46.61.515(3) (b) or (c); (c) after the expiration of two years for persons convicted of vehicular homicide; (d) after the expiration of one year in cases of revocation for the first refusal within five years to submit to a chemical test under RCW 46.20.308; (e) after the expiration of two years in cases of revocation for the second refusal within five years to submit to a chemical test under RCW 46.20.308; or (f) after the expiration of the applicable revocation period provided by RCW 46.20.265. After the expiration of the appropriate period, the person may make application for a new license as provided by law together with a reinstatement fee in the amount of twenty dollars, but if the revocation is the result of a violation of RCW 46.20.308, 46.61.502, or 46.61.504, the reinstatement fee shall be ((~~fifty~~)) one hundred dollars. Except for a revocation under RCW 46.20.265, the department shall not then issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant the privilege of driving a motor vehicle on the public highways, and until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. For a revocation under RCW 46.20.265, the department shall not issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant that person the privilege of driving a motor vehicle on the public highways. ((A resident without a license or permit whose license or permit was revoked under RCW 46.20.308(6) shall give and thereafter maintain proof of financial responsibility for the future as provided in chapter 46.29 RCW.))

(3) Whenever the driver's license of any person is suspended pursuant to Article IV of the nonresident violators compact or RCW 46.23.020, the suspension shall remain in effect and the department shall not issue to the person any new or renewal license until the person pays a reinstatement fee of twenty dollars. If the suspension is the result of a violation of the laws of another state, province, or other jurisdiction involving (a) the operation or physical control of a motor vehicle upon the public highways while under the influence of intoxicating liquor or drugs, or (b) the refusal to submit to a ((~~chemical~~)) test or tests of the driver's breath or blood alcohol content, the reinstatement fee shall be ((~~fifty~~)) one hundred dollars.

Sec. 13. Section 9, chapter 148, Laws of 1988 as amended by section 12 of this act and RCW 46.20.311 are each amended to read as follows:

(1) The department shall not suspend a driver's license or privilege to drive a motor vehicle on the public highways for a fixed period of more than one year, except as permitted under RCW 46.20.342 ((or)), 46.61.515, or section 11 of this act. Whenever the license or driving privilege of any person is suspended by reason of a conviction, a finding that a traffic infraction has been committed, pursuant to chapter 46.29 RCW, or pursuant to RCW 46.20.291 or 46.20.308, the suspension shall remain in effect and the department shall not issue to the person any new, duplicate, or renewal license until the person pays a reinstatement fee of twenty dollars and gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504 or was imposed under RCW 46.20.308, the reinstatement fee shall be one hundred dollars.

(2) Any person whose license or privilege to drive a motor vehicle on the public highways has been revoked, unless the revocation was for a cause which has been removed, is not entitled to have the license or privilege renewed or restored until: (a) After the expiration of one year from the date the license or privilege to drive was revoked; (b) after the expiration of the applicable revocation period provided by RCW 46.61.515(3) (b) or (c); (c) after the expiration of two years for persons convicted of vehicular homicide; (d) after the expiration of ((one year in cases of revocation for the first refusal within five years to submit to a chemical test under RCW 46.20.308; (e) after the expiration of two years in cases of revocation for the second refusal within five years to submit to a chemical test under RCW 46.20.308; or (f))) the applicable revocation period provided by section 11 of this act; or (e) after the expiration of the applicable revocation period provided by RCW 46.20.265. After the expiration of the appropriate period, the person may make application for a new license as provided by law together with a reinstatement fee in the amount of twenty dollars, but if the revocation is the result of a violation of RCW 46.20.308, 46.61.502, or 46.61.504 or was imposed under RCW 46.20.308, the reinstatement fee shall be one hundred dollars. Except for a revocation under RCW 46.20.265, the department shall not then issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant the privilege of driving a motor vehicle on the public highways, and until the person gives and thereafter maintains proof of financial responsibility for the future as provided in chapter 46.29 RCW. For a revocation under RCW 46.20.265, the department shall not issue a new license unless it is satisfied after investigation of the driving ability of the person that it will be safe to grant that person the privilege of driving a motor vehicle on the public highways.

(3) Whenever the driver's license of any person is suspended pursuant to Article IV of the nonresident violators compact or RCW 46.23.020, the suspension shall remain in effect and the department shall not issue to the person any new or renewal license until the person pays a reinstatement fee of twenty dollars. If the suspension is the result of a violation of the laws of another state, province, or other jurisdiction involving (a) the operation or physical control of a motor vehicle upon the public highways while under the influence of intoxicating liquor or drugs, or (b) the refusal to submit to a test or tests of the driver's breath or blood alcohol content, the reinstatement fee shall be one hundred dollars.

Sec. 14. Section 46.20.380, chapter 12, Laws of 1961 as last amended by section 6, chapter 1, Laws of 1985 ex. sess. and RCW 46.20.380 are each amended to read as follows:

No person may file an application for an occupational driver's license as provided in RCW 46.20.391 unless he or she first pays to the director or other person authorized to accept applications and fees for driver's licenses a fee of ((~~twenty-five~~)) fifty dollars. The applicant shall receive upon payment an official receipt for the payment of such fee. All such fees shall be forwarded to the director who shall transmit such fees to the state treasurer in the same manner as other driver's license fees.

Sec. 15. Section 1, chapter 5, Laws of 1973 as last amended by section 5, chapter 407, Laws of 1985 and RCW 46.20.391 are each amended to read as follows:

(1) Any person licensed under this chapter whose driving privilege has been suspended under section 11(1)(b)(i) of this act or who is convicted of an offense relating to motor vehicles for which suspension or revocation of the driver's license is mandatory, other than vehicular homicide or vehicular assault, may submit to the department an application for an occupational driver's license. The department, upon receipt of the prescribed fee and upon determining that the petitioner is engaged in an occupation or trade that makes it essential that the petitioner operate a motor vehicle, may issue an occupational driver's license and may set definite restrictions as provided in RCW 46.20.394. No person may petition for, and the department shall not issue, an occupational driver's license that is effective during the first thirty days of any suspension or revocation imposed under RCW 46.61.515 or section 11(1)(b)(i) of this act. A person aggrieved by the decision of the department on the application for an occupational driver's license may request a hearing as provided by rule of the department.

(2) An applicant for an occupational driver's license is eligible to receive such license only if:

(a) Within one year immediately preceding the present conviction or administrative action, the applicant has not been convicted of any offense relating to motor vehicles for which suspension or revocation of a driver's license is mandatory; and

(b) Within five years immediately preceding the present conviction or administrative action, the applicant has not been convicted of driving or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor under RCW 46.61.502 or 46.61.504, of vehicular homicide under RCW 46.61.520, or of vehicular assault under RCW 46.61.522, or had a license administratively suspended or revoked under section 11(1)(b)(i) of this act; and

(c) The applicant is engaged in an occupation or trade that makes it essential that he or she operate a motor vehicle; and

(d) The applicant files satisfactory proof of financial responsibility pursuant to chapter 46.29 RCW.

(3) The director shall cancel an occupational driver's license upon receipt of notice that the holder thereof has had a driver's license administratively suspended or revoked under RCW 46.20.308 or has been convicted of operating a motor vehicle in violation of its restrictions, or of an offense that pursuant to chapter 46.20 RCW would warrant suspension or revocation of a regular driver's license. The cancellation is effective as of the date of the conviction, and continues with the same force and effect as any suspension or revocation under this title.

Sec. 16. Section 62, chapter 155, Laws of 1965 ex. sess. as last amended by section 1, chapter 352, Laws of 1985 and RCW 46.61.515 are each amended to read as follows:

(1) Every person who is convicted of a violation of RCW 46.61.502 or 46.61.504 shall be punished by imprisonment for not less than twenty-four consecutive hours nor more than one year, and by a fine of not less than two hundred fifty dollars and not more than one thousand dollars. Unless the judge finds the person to be indigent, two hundred fifty dollars of the fine shall not be suspended or deferred. Twenty-four consecutive hours of the jail sentence shall not be suspended or deferred unless the judge finds that the imposition of the jail sentence will pose a risk to the defendant's physical or mental well-being. Whenever the mandatory jail sentence is suspended or deferred, the judge must state, in writing, the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. The court may impose conditions of probation that may include nonrepetition, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. The convicted person shall, in addition, be required to complete a course in an alcohol information school approved by the department of social and health services or more intensive treatment in a program approved by the department of social and health services, as determined by the court. A diagnostic evaluation and treatment recommendation shall be prepared under the direction of the court by an alcoholism agency approved by the department of social and health services or a qualified probation department approved by the department of social and health services. A copy of the report shall be forwarded to the department of licensing. Based on the diagnostic evaluation, the court shall determine whether the convicted person shall be required to complete a course in an alcohol information school approved by the department of social and health services or more intensive treatment in a program approved by the department of social and health services. Standards for approval for alcohol treatment programs shall be prescribed by rule under the administrative procedure act, chapter 34.05 RCW. The courts shall periodically review the costs of alcohol information schools and treatment programs within their jurisdictions.

(2) On a second or subsequent conviction for driving or being in physical control of a motor vehicle while under the influence of intoxicating liquor or drugs within a five-year period a person shall be punished by imprisonment for not less than seven days nor more than one year and by a fine of not less than five hundred dollars and not more than two thousand dollars. District courts and courts organized under chapter 35.20 RCW are authorized to impose such fine. Unless the judge finds the person to be indigent, five hundred dollars of the fine shall not be suspended or deferred. The jail sentence shall not be suspended or deferred unless the judge finds that the imposition of the jail sentence will pose a risk to the defendant's physical or mental well-being. Whenever the mandatory jail sentence is suspended or deferred, the judge must state, in writing, the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. If, at the time of a second or subsequent conviction, the driver is without a license or permit because of a previous suspension or revocation, the minimum mandatory sentence shall be ninety days in jail and a two hundred dollar fine. The penalty so imposed shall not be suspended or deferred. The person shall, in addition, be required to complete a diagnostic evaluation by an alcoholism agency approved by the department of social and health services or a qualified probation department approved by the department of social and health services. The report shall be forwarded to the department of licensing. If the person is found to have an alcohol or drug problem requiring treatment, the person shall complete treatment at an approved alcoholism treatment facility or approved drug treatment center.

In addition to any nonsuspendable and nondeferrable jail sentence required by this subsection, the court shall sentence a person to a term of imprisonment not exceeding one hundred eighty days and shall suspend but shall not defer the sentence for a period not exceeding two years. The suspension of the sentence may be conditioned upon nonrepetition, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. The sentence may be imposed in whole or in part upon violation of a condition of suspension during the suspension period.

(3) The license or permit to drive or any nonresident privilege of any person convicted of driving or being in physical control of a motor vehicle while under the influence of intoxicating liquor or drugs shall:

(a) On the first conviction under either offense, where there has been no previous suspension or denial imposed under section 11(1)(b) of this act for the incident upon which the conviction is based, or where there has been no previous incident resulting in a suspension, revocation, or denial under section 11(1)(b) of this act within the five-year period preceding the current conviction, be suspended by the department until the person reaches age nineteen or for ninety days, whichever is longer. The department of licensing shall determine the person's eligibility for licensing based upon the reports provided by the designated alcoholism agency, drug treatment center, or probation department and shall deny reinstatement until enrollment and participation in an approved program has been established and the person is otherwise qualified;

(b) On a second conviction under either offense within a five-year period, where there has been no previous revocation or denial imposed under section 11(1)(b) of this act for the incident upon which the conviction is based, be revoked by the department for one year. A previous incident resulting in a suspension, revocation, or denial under section 11(1)(b) of this act within the five-year period preceding the current conviction shall be considered a previous conviction for purposes of this subsection. The department of licensing shall determine the person's eligibility for licensing based upon the reports provided by the designated alcoholism agency, drug treatment center, or probation department and shall deny reinstatement until satisfactory progress in an approved program has been established and the person is otherwise qualified;

(c) On a third or subsequent conviction of driving or being in physical control of a motor vehicle while under the influence of intoxicating liquor or drugs, vehicular homicide, or vehicular assault, or any combination thereof within a five-year period, where there has been no previous revocation or denial imposed under section 11(1)(b) of this act for the incident upon which the conviction is based, be revoked by the department for two years. Previous incidents resulting in suspension, revocation, or denial under section 11(1)(b) of this act within the five-year period preceding the current conviction shall be considered previous convictions for purposes of this subsection.

(4) In any case provided for in this section, where a driver's license is to be revoked or suspended, the revocation or suspension shall be stayed and shall not take effect until after the determination of any appeal from the conviction which may lawfully be taken, but in case the conviction is sustained on appeal the revocation or suspension takes effect as of the date that the conviction becomes effective for other purposes.

Sec. 17. Section 46.68.060, chapter 12, Laws of 1961 as last amended by section 11, chapter 99, Laws of 1969 and RCW 46.68.060 are each amended to read as follows:

(1) There is hereby created in the state treasury a fund to be known as the highway safety fund to the credit of which shall be deposited all moneys directed by law to be deposited therein. This fund shall be used for carrying out the provisions of law relating to driver licensing, driver improvement, financial responsibility, cost of furnishing abstracts of driving records ((~~and~~)), maintaining ((~~such~~)) the case records((~~, and~~)) necessary to carry out the purposes set forth in RCW 43.59.010, and as otherwise provided in subsection (2) of this section.

(2) The sum of ten dollars shall be paid from the highway safety fund to law enforcement agencies for each reinstatement fee collected under RCW 46.20.311 due to a suspension or revocation arising from an arrest under RCW 46.61.502 or 46.61.504 as reimbursement for the required administrative procedures.

NEW SECTION. Sec. 18. The traffic safety commission shall undertake a study of the effectiveness of this act and shall report its finding to the governor and the legislative transportation committee within thirty months of the effective date of this section.

NEW SECTION. Sec. 19. The traffic safety commission shall undertake a study of the effectiveness of the existing deferred prosecution program, chapter 10.05 RCW, as it relates to alcoholism and shall report its findings to the governor and the legislative transportation committee within twelve months of the effective date of this section.

NEW SECTION. Sec. 20. Section 2, chapter 219, Laws of 1984, section 2, chapter 352, Laws of 1985 and RCW 46.20.599 are each repealed.

NEW SECTION. Sec. 21. Sections 4 through 7 of this act shall constitute a new chapter in Title 46 RCW.

NEW SECTION. Sec. 22. The sum of .......... dollars, or as much thereof as may be necessary, is appropriated to the department of licensing from the highway safety fund for the biennium ending June 30, 1991, to carry out sections 8 through 20 of this act.

NEW SECTION. Sec. 23. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 24. The department of licensing may adopt rules necessary to carry out sections 8 through 19 of this act.

NEW SECTION. Sec. 25. Sections 12, 19, and 22 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately. Sections 8 through 11 and 13 through 18 of this act shall take effect on July 1, 1991. The director of licensing may immediately take such steps as are necessary to insure that all sections of this act are implemented on their respective effective dates.