SENATE BILL REPORT

                   SB 5309

              As Reported By Senate Committee On:

               Transportation, February 2, 1999

Title:  An act relating to technical editing of statutes in chapter 46.20 RCW.

Brief Description:  Technically editing chapter 46.20 RCW.

Sponsors:  Senator Haugen.

Brief History:

Committee Activity:  Transportation:  1/26/99, 2/2/99 [DPS].

SENATE COMMITTEE ON TRANSPORTATION

Majority Report:  That Substitute Senate Bill No. 5309 be substituted therefor, and the substitute bill do pass.

  Signed by Senators Haugen, Chair; Gardner, Vice Chair; Goings, Vice Chair; Benton, Costa, Eide, Horn, Jacobsen, Johnson, Oke, Patterson, Prentice, Sellar, Sheahan, T. Sheldon, Shin and Swecker.

Staff:  Paul Neal (786-7315)

Background:  Some persons have found some of the statutes relating to driver's licenses difficult to read and understand.  This may be due to issues with the original drafting or with subsequent amendments to the statutes.

Summary of Substitute Bill:  Some of the driver's license statutes found in Chapter 46.20 are edited.  The chapter is divided into subchapters in order to make the statutes easier to use.  None of the changes are substantive; that is, they do not alter any of the privileges, rights or responsibilities that citizens or the state have under the current statutes.

An intent section is included that explicitly states that the Legislature does not intend any substantive changes to the underlying statutes by enacting the clean-up legislation.  The Supreme Court of Washington held that identical language demonstrated that the statutory amendments in Chapter 35, Laws of 1991 did not have any substantive effect (see Fray v. Spokane County, 134 Wn.2d 637, 653, 654 (1998)).

Substitute Bill Compared to Original Bill:  The substitute bill includes the following additional changes:

References to depositing money collected into highway safety fund are deleted.  RCW 46.68.041 requires money collected under the driver=s license statutes to be deposited in the highway safety fund.  Parallel statements in Chapter 46.20 were removed as superfluous.

Language describing revocation of a juvenile agricultural driving permit referenced being Aconvicted@ of a suspendable offense.  Conviction is reserved for criminal offenses, and so was inappropriate in this context.  AConvicted@ changed to Afound to have committed.@

Other technical changes were made as requested by the Department of Licensing.

Appropriation:  None.

Fiscal Note:  Available.

Effective Date:  Ninety days after adjournment of session in which bill is passed.

Testimony For:  None.

Testimony Against:  None.

Testified:  No one.