BP BHEAD INT S [atlas:bill]

AN ACT Relating to drunk driving; amending RCW 46.20.391; adding a new section to chapter 46.12 RCW; adding a new section to chapter 46.16 RCW; adding a new section to chapter 46.20 RCW; prescribing penalties; and declaring an emergency.

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

Sec. 1. 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 or a violation of RCW 46.61.502 or 46.61.504, 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, 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.

NEW SECTION. Sec. 2. A new section is added to chapter 46.12 RCW to read as follows:

(1) No person whose license to drive, permit to drive, or nonresident privilege to drive is suspended, revoked, or permanently revoked may obtain, and the department shall not issue to such a person, a certificate of vehicle ownership, vehicle license number plates, or certificate of license registration, whether original issue or duplicate, for a motor vehicle.

(2) No person whose license to drive, permit to drive, or nonresident privilege to drive is suspended, revoked, or permanently revoked may purchase, lease, or rent a motor vehicle. No individual or dealer may knowingly sell, lease, or rent a motor vehicle to a person whose license to drive, permit to drive, or nonresident privilege to drive is suspended, revoked, or permanently revoked. A violation of this subsection is a gross misdemeanor punishable as provided for in chapter 9A.20 RCW.

(3) A person who does not have a valid license or permit to drive for reasons other than the suspension, revocation, or permanent revocation of his or her license or permit may apply for and the department shall issue a certificate indicating that the person's license, permit, or privilege is not suspended, revoked, or permanently revoked. No such certificate may be valid for more than thirty days. Any individual or dealer may sell, lease, or rent a motor vehicle to a person who possesses a valid license or permit to drive or who possesses a valid certificate issued under this section.

NEW SECTION. Sec. 3. A new section is added to chapter 46.16 RCW to read as follows:

No person whose license to drive, permit to drive, or nonresident privilege to drive is suspended, revoked, or permanently revoked may obtain, and the department shall not issue to such a person, a vehicle license or vehicle license number plates under RCW 46.16.010.

NEW SECTION. Sec. 4. A new section is added to chapter 46.20 RCW to read as follows:

At the expiration of seven years from the date of any conviction in which a person was punished by a permanent license revocation under RCW 46.61.5055 (2) or (3), the person may petition the department for restoration of his or her privilege to operate a motor vehicle in this state. Upon receipt of the petition, and for good cause shown, the department of licensing shall restore to the person the privilege to operate a motor vehicle in this state upon such terms and conditions as the department of licensing prescribes, subject to the provisions of chapter 46.29 RCW and such other provisions of law relating to the issuance or revocation of drivers' licenses.

"Good cause shown" means that the individual submitting the petition presents sufficient evidence of permanent rehabilitation through affidavits from treatment providers, doctors, and others. The petitioner has the burden of demonstrating by clear and convincing evidence that he or she has spent the previous seven years in a state of sobriety.

NEW SECTION. Sec. 5. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately.