"NEW SECTION.  Sec. 1   The legislature finds and declares that it is the policy of the state of Washington to encourage the safe and efficient use of the roads by all citizens, regardless of mode of transportation. In furtherance of this policy, the legislature further declares that traffic safety education and driver training should include instruction on pedestrian awareness and the importance of sharing the roads with bicycles, motorcycles, buses, and other forms of transit.

NEW SECTION.  Sec. 2   This act may be known and cited as the Matthew "Tatsuo" Nakata act.

Sec. 3   RCW 46.20.055 and 2006 c 219 s 14 are each amended to read as follows:
     (1) Driver's instruction permit. The department may issue a driver's instruction permit with or without a photograph to an applicant who has successfully passed all parts of the examination other than the driving test, provided the information required by RCW 46.20.091, paid a fee of twenty dollars, and meets the following requirements:
     (a) Is at least fifteen and one-half years of age; or
     (b) Is at least fifteen years of age and:
     (i) Has submitted a proper application; and
     (ii) Is enrolled in a traffic safety education ((program offered, approved, and accredited by the superintendent of public instruction or offered by a driver training school licensed and inspected by the department of licensing under chapter 46.82 RCW)) and driver training course as defined in RCW 46.82.280, that includes practice driving.
     (2) Waiver of written examination for instruction permit. The department may waive the written examination, if, at the time of application, an applicant is enrolled in((:
     (a))) a traffic safety education and driver training course as defined ((by RCW 28A.220.020(2); or
     (b) A course of instruction offered by a licensed driver training school as defined by RCW 46.82.280(4))) in RCW 46.82.280.
     The department may require proof of registration in such a course as it deems necessary.
     (3) Effect of instruction permit. A person holding a driver's instruction permit may drive a motor vehicle, other than a motorcycle, upon the public highways if:
     (a) The person has immediate possession of the permit; and
     (b) An approved instructor, or a licensed driver with at least five years of driving experience, occupies the seat beside the driver.
     (4) Term of instruction permit. A driver's instruction permit is valid for one year from the date of issue.
     (a) The department may issue one additional one-year permit.
     (b) The department may issue a third driver's permit if it finds after an investigation that the permittee is diligently seeking to improve driving proficiency.
     (c) A person applying to renew an instruction permit must submit the application to the department in person.

Sec. 4   RCW 46.20.075 and 2000 c 115 s 2 are each amended to read as follows:
     (1) An intermediate license authorizes the holder to drive a motor vehicle under the conditions specified in this section. An applicant for an intermediate license must be at least sixteen years of age and:
     (a) Have possessed a valid instruction permit for a period of not less than six months;
     (b) Have passed a driver licensing examination administered by the department;
     (c) Have passed a course of ((driver's education)) traffic safety education and driver training in accordance with the standards established in RCW 46.20.100;
     (d) Present certification by his or her parent, guardian, or employer to the department stating (i) that the applicant has had at least fifty hours of driving experience, ten of which were at night, during which the driver was supervised by a person at least twenty-one years of age who has had a valid driver's license for at least three years, and (ii) that the applicant has not been issued a notice of traffic infraction or cited for a traffic violation that is pending at the time of the application for the intermediate license;
     (e) Not have been convicted of or found to have committed a traffic violation within the last six months before the application for the intermediate license; and
     (f) Not have been adjudicated for an offense involving the use of alcohol or drugs during the period the applicant held an instruction permit.
     (2) For the first six months after the issuance of an intermediate license or until the holder reaches eighteen years of age, whichever occurs first, the holder of the license may not operate a motor vehicle that is carrying any passengers under the age of twenty who are not members of the holder's immediate family as defined in RCW 42.17.020. For the remaining period of the intermediate license, the holder may not operate a motor vehicle that is carrying more than three passengers who are under the age of twenty who are not members of the holder's immediate family.
     (3) The holder of an intermediate license may not operate a motor vehicle between the hours of 1 a.m. and 5 a.m. except when the holder is accompanied by a parent, guardian, or a licensed driver who is at least twenty-five years of age.
     (4) It is a traffic infraction for the holder of an intermediate license to operate a motor vehicle in violation of the restrictions imposed under this section.
     (5) Enforcement of this section by law enforcement officers may be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of this title or an equivalent local ordinance or some other offense.
     (6) An intermediate licensee may drive at any hour without restrictions on the number of passengers in the vehicle if necessary for agricultural purposes.
     (7) An intermediate licensee may drive at any hour without restrictions on the number of passengers in the vehicle if, for the twelve-month period following the issuance of the intermediate license, he or she:
     (a) Has not been involved in an automobile accident; and
     (b) Has not been convicted or found to have committed a traffic offense described in chapter 46.61 RCW or violated restrictions placed on an intermediate licensee under this section.

Sec. 5   RCW 46.20.100 and 2002 c 195 s 1 are each amended to read as follows:
     (1) Application. The application of a person under the age of eighteen years for a driver's license or a motorcycle endorsement must be signed by a parent or guardian with custody of the minor. If the person under the age of eighteen has no father, mother, or guardian, then the application must be signed by the minor's employer.
     (2) Traffic safety education requirement. For a person under the age of eighteen years to obtain a driver's license he or she must meet the traffic safety education and driver training requirements of this subsection.
     (a) To ((meet the traffic safety education requirement for)) obtain a driver's license the applicant must satisfactorily complete a traffic safety education and driver training course as defined in ((RCW 28A.220.020 for a course offered by a school district, or as defined by the department of licensing for a course offered by a driver training school licensed under chapter 46.82 RCW. The course offered by a school district or an approved private school must meet the standards established by the office of the state superintendent of public instruction. The course offered by a driver training school)) RCW 46.82.280. The course must meet the standards established by the department of licensing with the advice of the ((driver instructors')) traffic safety education and driver training advisory committee((, pursuant to RCW 46.82.300)) created in section 8 of this act. The traffic safety education and driver training course may be provided by:
     (i) A recognized secondary school; or
     (ii) A driver training school licensed under chapter 46.82 RCW that is annually approved by the department of licensing.
     (b) To meet the traffic safety education requirement for a motorcycle endorsement, the applicant must successfully complete a motorcycle safety education course that meets the standards established by the department of licensing.
     (c) The department may waive the traffic safety education and driver training requirement for a driver's license if the applicant demonstrates to the department's satisfaction that:
     (i) He or she was unable to take or complete a traffic safety education and driver training course;
     (ii) A need exists for the applicant to operate a motor vehicle; and
     (iii) He or she has the ability to operate a motor vehicle in such a manner as not to jeopardize the safety of persons or property.
The department may adopt rules to implement this subsection (2)(c) in concert with the supervisor of the traffic safety education section of the office of the superintendent of public instruction.
     (d) The department may waive the traffic safety education and driver training requirement if the applicant was licensed to drive a motor vehicle or motorcycle outside this state and provides proof that he or she has had education equivalent to that required under this subsection.

NEW SECTION.  Sec. 6   A new section is added to chapter 46.82 RCW to read as follows:
     Traffic safety education and driver training courses administered under this chapter must provide consistent instruction throughout the state regarding: Motor vehicle laws and graduated licensing requirements and restrictions; an acceptance of personal responsibility on the public highways; an understanding of the causes and consequences of traffic accidents; information about safely sharing the roads with bicycles and other vehicles; a vigilance toward and knowledge of laws pertaining to pedestrians; and supervised training and practice in the skills necessary for the safe operation of motor vehicles. A traffic safety education and driver training course must consist of integrated classroom instruction and behind-the-wheel instruction, and may be provided by instructors licensed under section 8 of this act.

Sec. 7   RCW 46.82.280 and 2006 c 219 s 2 are each amended to read as follows:
     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Behind-the-wheel instruction" means instruction in an approved driver training school instruction vehicle according to and inclusive of the minimum required curriculum. Behind-the-wheel instruction is characterized by driving experience.
     (2) "Classroom" means a space dedicated to and used exclusively by a driver training instructor for the instruction of students. With prior department approval, a branch office classroom may be located within alternative facilities, such as a public or private library, school, community college, college or university, or a business training facility.
     (3) "Classroom instruction" means that portion of a traffic safety education and driver training course that is characterized by classroom-based student instruction conducted by or under the direct supervision of a licensed instructor or licensed instructors.
     (4) "Driver training school" means a commercial driver training school engaged in the business of giving instruction, for a fee, in the operation of automobiles.
     (5) "Traffic safety education and driver training ((education)) course" means a course of instruction in traffic safety education approved and licensed by the department of licensing that consists of integrated classroom and behind-the-wheel instruction as documented by the minimum approved curriculum.
     (6) "Director" means the director of the department of licensing of the state of Washington.
     (7) "Advisory committee" means the driving instructors' advisory committee as created in this chapter.
     (8) "Fraudulent practices" means any conduct or representation on the part of a driver training school owner or instructor including:
     (a) Inducing anyone to believe, or to give the impression, that a license to operate a motor vehicle or any other license granted by the director may be obtained by any means other than those prescribed by law, or furnishing or obtaining the same by illegal or improper means, or requesting, accepting, or collecting money for such purposes;
     (b) ((Operation of)) Operating a driver training school without a license, providing instruction without an instructor's license, verifying enrollment prior to being licensed, misleading or false statements on applications for a commercial driver training school license or instructor's license or on any required records or supporting documentation;
     (c) Failing to fully document and maintain all required driver training school records of instruction, school operation, and instructor training;
     (d) Issuing a driver training course certificate without requiring completion of the necessary behind-the-wheel and classroom instruction.
     (9) "Instructor" means any person employed by or otherwise associated with a driver training school to instruct persons in the operation of an automobile.
     (10) "Owner" means an individual, partnership, corporation, association, or other person or group that holds a substantial interest in a driver training school.
     (11) "Place of business" means a designated location at which the business of a driver training school is transacted and its records are kept.
     (12) "Person" means any individual, firm, corporation, partnership, or association.
     (13) "Substantial interest holder" means a person who has actual or potential influence over the management or operation of any driver training school. Evidence of substantial interest includes, but is not limited to, one or more of the following:
     (a) Directly or indirectly owning, operating, managing, or controlling a driver training school or any part of a driver training school;
     (b) Directly or indirectly profiting from or assuming liability for debts of a driver training school;
     (c) Is an officer or director of a driver training school;
     (d) Owning ten percent or more of any class of stock in a privately or closely held corporate driver training school, or five percent or more of any class of stock in a publicly traded corporate driver training school;
     (e) Furnishing ten percent or more of the capital, whether in cash, goods, or services, for the operation of a driver training school during any calendar year; or
     (f) Directly or indirectly receiving a salary, commission, royalties, or other form of compensation from the activity in which a driver training school is or seeks to be engaged.
     (14) "Student" means any person enrolled in a driver training course that pays a fee for instruction.

NEW SECTION.  Sec. 8   A new section is added to chapter 46.82 RCW to read as follows:
     (1) In order that students across Washington state have high-quality instruction in traffic safety and driver training, whether courses are offered through commercial driver training schools or public schools, the director shall consult with the superintendent of public instruction to establish a high quality and consistent curriculum in all traffic safety education and driver training courses.
     (2) A traffic safety education and driver training advisory committee is created to assist the director in his or her duties and responsibilities under this chapter. Members of the advisory committee are appointed by the director for two-year terms and, at a minimum, include:
     (a) The director, or his or her designee, who shall act as chair;
     (b) The superintendent of public instruction or his or her designee;
     (c) A representative from the traffic safety commission;
     (d) A representative from the Washington state patrol;
     (e) A representative from a group representing the concerns of bicyclists;
     (f) A person representing the perspective of pedestrians;
     (g) A representative of the Washington state transit association;
     (h) A representative from the teen driver task force;
     (i) A representative of the driver training schools; and
     (j) Other members as recommended by the director.
     (3) The traffic safety education and driver training advisory committee shall meet at least four times per year and have additional meetings as required by the director.
     (4) The traffic safety education and driver training advisory committee shall:
     (a) Advise and confer with the director on matters pertaining to the establishment of rules necessary to carry out this chapter;
     (b) Review and make recommendations pertaining to the traffic safety education and driver training curriculum; and
     (c) Submit a report to the legislature, beginning by January 1, 2010, and every two years thereafter, on the condition of traffic safety education and driver training in Washington state.
     (5) Members of the traffic safety education and driver training advisory committee shall be reimbursed for expenses in accordance with RCW 43.03.050. A member who is receiving a salary from the state shall not receive compensation other than travel expenses incurred in such service.

Sec. 9   RCW 46.82.320 and 2006 c 219 s 5 are each amended to read as follows:
     (1) No person ((affiliated with a driver training school)) shall give instruction in the operation of an automobile for a fee without a license issued by the director for that purpose. An application for an original or renewal instructor's license shall be filed with the director, containing such information as prescribed by this chapter and by the director, accompanied by an application fee set by rule of the department, which shall in no event be refunded. An application for a renewal instructor's license must be accompanied by proof of the applicant's continuing professional development that meets the standards adopted by the director. If the applicant satisfactorily meets the application requirements and the examination requirements as prescribed in RCW 46.82.330, the applicant shall be granted a license valid for a period of one year from the date of issuance. Applicants qualified under chapter 28A.220 RCW are eligible for a license and subject to renewal under reasonable rules adopted by the director. An instructor shall take a requalification examination every five years.
     (2) The director shall issue a license certificate to each qualified applicant.
     (a) An employing driver training school must conspicuously display an instructor's license at its established place of business and display copies of the instructor's license at any branch office where the instructor provides instruction.
     (b) Unless revoked, canceled, or denied by the director, the license shall remain the property of the licensee in the event of termination of employment or employment by another driver training school.
     (c) If the director has not received a renewal application on or before the date a license expires, the license will be voided requiring a new application as provided for in this chapter, including examination and payment of all fees.
     (d) If revoked, canceled, or denied by the director, the license must be surrendered to the department within ten days following the effective date of such action.
     (3) Each licensee shall be provided with a wallet-size identification card by the director at the time the license is issued which shall be carried on the instructor's person at all times while engaged in instructing.
     (4) ((The)) Persons employed by driver training schools and to whom an instructor's license has been issued shall notify the director in writing within ten days of any change of employment or termination of employment, providing the name and address of the new driver training school by whom the instructor will be employed."