AN
ACT Relating to the extension of the validity of a driver's license that
expires while the driver is outside the state or where the driver is a spouse
or dependent child of a member of the armed forces; amending RCW 46.20.027,
46.20.116, and 46.20.120; creating a new section; and declaring an emergency.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
46.20.027 and 1967 c 129 s 1 are each amended to read as follows:
A
Washington state motor vehicle driver's license issued to any person serving in
the armed forces of the United States, if valid and in force and effect while
such person is serving in the armed forces, shall remain in full force and
effect so long as such service continues unless the same is sooner suspended,
canceled, or revoked for cause as provided by law and for not to exceed ninety
days following the date on which the holder of such driver's license is
honorably separated from service in the armed forces of the United States. A
Washington state driver's license issued to the spouse or dependent child of
such service member likewise remains in full force and effect if the person is
residing with the service member.
*Sec.
2.
RCW 46.20.116 and 1993 c 452 s 2 are each amended to read as follows:
The
department shall plainly label each license "not valid for identification
purposes" where:
(1)
The applicant is unable to prove his or her identity as provided in RCW
46.20.035; or
(2)
The applicant is renewing his or her license by mail under RCW 46.20.120 and
the department does not have a digital (reproducible) photograph on file.
*Sec. 2 was vetoed. See message at end of chapter.
Sec.
3. 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)) An
applicant for a new or renewed driver's license must successfully pass a
driver licensing examination to qualify for a driver's license. The
department shall give examinations at places and times reasonably available to
the people of this state. ((However,))
(1)
Waiver. The department may waive:
(a)
All or any part of the examination of any person applying for the renewal
of a driver's license ((except when)) unless the department
determines that ((an)) the applicant ((for a driver's license))
is not qualified to hold a driver's license under this title((. The
department may also waive)); or
(b)
The actual demonstration of the ability to operate a motor vehicle ((by
a person who)) if the applicant:
(i)
Surrenders a valid driver's license issued by the person's previous home
state; and ((who))
(ii)
Is otherwise qualified to be licensed. ((For a new license))
(2)
Fee. Each applicant for a new license must pay an examination ((a))
fee of seven dollars ((shall be paid by each applicant,)).
(a)
The examination fee is in addition to the fee charged for issuance of the
license.
(((A)))
(b) "New license ((is one))" means a license
issued to a driver:
(i)
Who has not been previously licensed in this state; or ((to a
driver))
(ii)
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.))
(3)
A person whose license expired or will expire on or after January 1, 1998,
while he or she was or is living outside the state may:
(a)
Apply to the department to extend the validity of his or her license for no
more than twelve months. If the person establishes to the department's
satisfaction that he or she is unable to return to Washington before the date
his or her license expires, the department shall extend the person's license.
The department may grant consecutive extensions, but in no event may the
cumulative total of extensions exceed twelve months. An extension granted
under this section does not change the expiration date of the license for
purposes of RCW 46.20.181. The department shall charge a fee of five dollars
for each license extension;
(b)
Apply to the department to renew his or her license by mail. If the person
establishes to the department's satisfaction that he or she is unable to return
to Washington within twelve months of the date that his or her license expires,
the department shall renew the person's license by mail. If a person qualifies
for a mail-in renewal he or she is not required to pass an examination nor
provide an updated photograph. He or she must, however, pay the fee required
by RCW 46.20.181 plus an additional five-dollar mail-in renewal fee. A license
renewed by mail that does not include a photograph of the licensee must be
labeled "not valid for identification purposes."
(4)
If a person's driver's license is extended or renewed under subsection (3) of
this section while he or she is outside the state, he or she must submit to the
examination required under this section within sixty days of returning to this
state. The department will not assess a penalty or examination fee for the
examination.
NEW
SECTION. Sec. 4. (1)
If the driver's license of a spouse or dependent of a member of the armed
forces expired between January 1, 1998, and the effective date of this act and
the department did not renew that person's license, the department shall:
(a)
Renew that person's license if otherwise allowable under this chapter;
(b)
Renew the license for an additional four-year term as otherwise provided under
RCW 46.20.181; and
(c)
Waive the late renewal fee authorized under RCW 46.20.120.
(2)
The department shall waive the late renewal fee authorized under RCW 46.20.120
for drivers who qualify for license renewal or extension under RCW 46.20.120(3)
if the driver's license expired before the effective date of this act.
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.
Note:
Governor's explanation of partial veto is as follows:
"I
am returning herewith, without my approval as to section 2, Substitute House
Bill No. 1212 entitled:
"AN
ACT Relating to the extension of the validity of a driver's license that
expires while the driver is outside the state or where the driver is a spouse
or dependent child of a member of the armed forces;"
Section 2 of Substitute
House Bill No. 1212 would require that driver's licenses that are renewed by
mail be labeled "not valid for identification purposes". However,
Substitute House Bill No. 1294, which I signed on March 30, 1999, repealed the
statute amended by section 2. Accordingly, section 2 is superfluous. Without
this veto, the Code Reviser would be required to annotate RCW 46.20.116
indicating that the legislature both repealed and amended the same statute
during its 1999 session. The legislature's intent would be unclear.
The concept of labeling
driver's licenses as not valid for identification purposes when the Department
of Licensing cannot take a current photograph was covered in SHB 1294, and will
be law. This partial veto is purely ministerial.
For these reasons, I
have vetoed section 2 of Substitute House Bill No. 1212.
With
the exception of section 2, Substitute House Bill No. 1212 is approved."
