6187-S AAS 3/3/98

6187-S AAS 3/3/98

SSB 6187 - S AMD (S5338.3) - 840

By Senator Stevens

ADOPTED AS AMENDED 3/3/98

Strike everything after the enacting clause and insert the following:

"Sec. 1. RCW 46.20.117 and 1993 c 452 s 3 are each amended to read as follows:

(1) The department shall issue "identicards," containing a picture, to nondrivers for a fee of four dollars. However, the fee shall be the actual cost of production to recipients of continuing public assistance grants under Title 74 RCW who are referred in writing to the department by the secretary of social and health services. The fee shall be deposited in the highway safety fund. To be eligible, each applicant shall produce evidence as required in RCW 46.20.035 that positively proves identity. The "identicard" shall be distinctly designed so that it will not be confused with the official driver's license. The identicard shall expire on the fifth anniversary of the applicant's birthdate after issuance.

(2) The department may cancel an "identicard" upon a showing by its records or other evidence that the holder of such "identicard" has committed a violation relating to "identicards" defined in RCW 46.20.336.

(3) The department shall cancel an "identicard" upon a showing by its records or other evidence that the holder of the identicard has been convicted of a violation of RCW 46.61.502 or 46.61.504. To obtain an identicard within five years of the conviction, the person must reapply and pay the normal fee.

The department shall obliquely mark an identicard issued under this subsection to indicate that the person has been convicted of driving under the influence of alcohol or drugs within the last five years.

Sec. 2. RCW 46.20.120 and 1990 c 9 s 1 are each amended to read as follows:

No new driver's license may be issued and no previously issued license may be renewed until the applicant therefor has successfully passed a driver licensing examination. However, the department may waive all or any part of the examination of any person applying for the renewal of a driver's license except when the department determines that an applicant for a driver's license is not qualified to hold a driver's license under this title. The department may also waive the actual demonstration of the ability to operate a motor vehicle by a person who surrenders a valid driver's license issued by the person's previous home state and who is otherwise qualified to be licensed. The department may not waive any part of the examination for a person whose license has been suspended or revoked within the last five years for conviction of a violation of RCW 46.61.502 or 46.61.504, but shall require the person to successfully complete all parts of the examination. For a new license examination a fee of seven dollars shall be paid by each applicant, in addition to the fee charged for issuance of the license. A new license is one issued to a driver who has not been previously licensed in this state or to a driver whose last previous Washington license has been expired for more than four years.

Any 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 under RCW 46.20.181. The penalty fee shall be deposited in the highway safety fund.

Any person who is outside the state at the time his or her driver's license expires or who is unable to renew the license due to any incapacity may renew the license within sixty days after returning to this state or within sixty days after the termination of any such incapacity without the payment of the penalty fee.

The department shall provide for giving examinations at places and times reasonably available to the people of this state.

Sec. 3. RCW 46.20.311 and 1997 c 58 s 807 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 specifically permitted under RCW 46.20.342 or other provision of law. Except for a suspension under RCW 46.20.289, 46.20.291(5), or 74.20A.320, 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 until the person 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 department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reinstatement until enrollment and participation in an approved program has been established and the person is otherwise qualified. Whenever the license or driving privilege of any person is suspended as a result of certification of noncompliance with a child support order under chapter 74.20A RCW or a residential or visitation order, the suspension shall remain in effect until the person provides a release issued by the department of social and health services stating that the person is in compliance with the order. The department shall not issue to the person a new, duplicate, or renewal license until the person pays a reissue fee of twenty dollars. If the suspension is the result of a violation of RCW 46.61.502 or 46.61.504, or is the result of administrative action under RCW 46.20.308, the reissue fee shall be ((~~fifty~~)) the normal driver's license fee plus an additional three 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 46.20.3101 or 46.61.5055; (c) after the expiration of two years for persons convicted of vehicular homicide; or (d) 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 reissue 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 reissue fee shall be ((~~fifty~~)) the normal driver's license fee plus an additional three hundred dollars. If the revocation is the result of a violation of RCW 46.61.502 or 46.61.504, the department shall determine the person's eligibility for licensing based upon the reports provided by the alcoholism agency or probation department designated under RCW 46.61.5056 and shall deny reissuance of a license, permit, or privilege to drive until enrollment and participation in an approved program has been established and the person is otherwise qualified. 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 or 46.20.289 or 46.20.291(5), the department shall not issue to the person any new or renewal license until the person pays a reissue fee of twenty dollars. If the suspension is the result of a violation of the laws of this or any other 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 of the driver's blood alcohol content, the reissue fee shall be ((~~fifty~~)) the normal driver's license fee plus an additional three hundred dollars.

(4) The department shall obliquely mark a driver's license reissued under this section that had been suspended or revoked for a violation of RCW 46.61.502 or 46.61.504 or an equivalent violation under the laws of another state, province, or other jurisdiction to indicate that the person has been convicted of such a violation within the last five years or has been administratively suspended under RCW 46.20.308. The department shall continue to so mark any driver's license it issues to that person for five years.

Sec. 4. RCW 46.20.391 and 1995 c 332 s 12 are each amended to read as follows:

(1) Any person licensed under this chapter 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 for a violation of RCW 46.61.502 or 46.61.504. 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 date of the offense that gave rise to the present conviction, the applicant has not committed 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 date of the offense that gave rise to the present conviction or incident, the applicant has not committed any of the following offenses: (i) Driving or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor; (ii) vehicular homicide under RCW 46.61.520; or (iii) vehicular assault under RCW 46.61.522; 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 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.

(4) The department may issue an occupational driver's license to a person convicted of a violation of RCW 46.61.502 or 46.61.504 only if the person has successfully completed all parts of the driver's license examination in accordance with RCW 46.20.120 and has paid a fee of three hundred dollars in addition to any fee required elsewhere.

The department shall obliquely mark an occupational driver's license issued under this subsection to indicate that the person's regular license was suspended or revoked for a violation of RCW 46.61.502 or 46.61.504 or an equivalent violation under the laws of another state, province, or other jurisdiction. The department shall continue to so mark any driver's license it issues to that person for five years after a conviction under RCW 46.61.502 or 46.61.504.

NEW SECTION. Sec. 5. A new section is added to chapter 46.68 RCW to read as follows:

The impaired driving safety account is created in the custody of the state treasurer. All receipts from fees collected under RCW 46.20.311 (1), (2), and (3) and 46.20.391(4) shall be deposited in the account. Expenditures from this account may be used only to fund projects to reduce impaired driving and to provide funding to local governments for costs associated with enforcing laws relating to driving and boating while under the influence of intoxicating liquor or any drug. The account is subject to allotment procedures under chapter 43.88 RCW. Moneys in the account may be spent only after appropriation.

Sec. 6. RCW 46.68.041 and 1995 2nd sp.s. c 3 s 1 are each amended to read as follows:

(1) Except as provided in subsection (2) of this section, the department shall forward all funds accruing under the provisions of chapter 46.20 RCW together with a proper identifying, detailed report to the state treasurer who shall deposit such moneys to the credit of the highway safety fund.

(2) Seventy-five percent of each fee collected by the department under RCW 46.20.311 (1), (2), and (3) and 46.20.391(4) shall be deposited in the impaired driving safety account.

NEW SECTION. Sec. 7. FOR THE STATE TREASURER--FOR TRANSFER TO THE COUNTY CRIMINAL JUSTICE ASSISTANCE ACCOUNT

Impaired Driving Account Appropriation.............. $ 1,500,000

This funding is provided during the biennium ending June 30, 1999, to reimburse county governments for the costs of implementing legislation passed during the 1998 legislative session related to driving or boating while under the influence of intoxicating liquor or any drug. The amount appropriated under this section shall be distributed to counties in accordance with RCW 82.14.310.

NEW SECTION. Sec. 8. FOR THE STATE TREASURER--FOR TRANSFER TO THE MUNICIPAL CRIMINAL JUSTICE ASSISTANCE ACCOUNT

Impaired Driving Account Appropriation.............. $ 1,000,000

This funding is provided during the biennium ending June 30, 1999, to reimburse city governments for the costs of implementing legislation passed during the 1998 legislative session related to driving or boating while under the influence of intoxicating liquor or any drug. The amount appropriated under this section shall be distributed to cities in accordance with RCW 82.14.320.

Sec. 9. 1997 c 454 s 801 (uncodified) is amended to read as follows:

FOR THE STATE TREASURER‑-STATE REVENUES FOR DISTRIBUTION

General Fund Appropriation for fire insurance

premiums distribution...................... $ 6,617,250

General Fund Appropriation for public utility

district excise tax distribution........... $ 35,183,803

General Fund Appropriation for prosecuting

attorneys salaries......................... $ 2,960,000

General Fund Appropriation for motor vehicle

excise tax distribution.................... $ 84,721,573

General Fund Appropriation for local mass transit

assistance................................. $ 383,208,166

General Fund Appropriation for camper and travel

trailer excise tax distribution............. $ 3,904,937

General Fund Appropriation for boating

safety/education and law enforcement

distribution............................... $ 3,616,000

Aquatic Lands Enhancement Account Appropriation

for harbor improvement revenue

distribution............................... $ 142,000

Liquor Excise Tax Account Appropriation for

liquor excise tax distribution............. $ 22,287,746

Liquor Revolving Fund Appropriation for liquor

profits distribution....................... $ 36,989,000

Timber Tax Distribution Account Appropriation

for distribution to "Timber" counties...... $ 107,146,000

Municipal Sales and Use Tax Equalization Account

Appropriation.............................. $ 66,860,014

County Sales and Use Tax Equalization Account

Appropriation.............................. $ 11,843,224

Death Investigations Account Appropriation for

distribution to counties for publicly

funded autopsies........................... $ 1,266,000

County Criminal Justice Account

Appropriation.............................. $ ((~~80,634,471~~))

82,134,471

Municipal Criminal Justice Account

Appropriation.............................. $ ((~~32,042,450~~))

33,042,450

County Public Health Account Appropriation..... $ ((~~43,773,588~~))

43,854,588

TOTAL APPROPRIATION................. $ ((~~923,196,222~~))

925,777,222

The total expenditures from the state treasury under the appropriations in this section shall not exceed the funds available under statutory distributions for the stated purposes.

NEW SECTION. Sec. 10. If this act mandates an increased level of service by local governments, the local government may, under RCW 43.135.060 and chapter 4.92 RCW, submit claims for reimbursement by the legislature. The claims shall be subject to verification by the office of financial management."

SSB 6187 - S AMD - 840

By Senator Stevens

ADOPTED AS AMENDED

On page 1, line 1 of the title, after "alcohol;" strike the remainder of the title and insert "amending RCW 46.20.117, 46.20.120, 46.20.311, 46.20.391, and 46.68.041; adding a new section to chapter 46.68 RCW; creating a new section; prescribing penalties; and making appropriations."