BILL REQ. #:  S-3671.2 

Read first time 01/16/08.   Referred to Committee on Judiciary.

     AN ACT Relating to the issuance and installation of fluorescent yellow license plates for persons convicted of certain DUI-related offenses; amending RCW 46.20.391; reenacting and amending RCW 46.63.020; adding a new section to chapter 46.16 RCW; adding new sections to chapter 46.20 RCW; and prescribing penalties.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 46.16 RCW to read as follows:
     The department shall create and issue a vehicle license number plate, for display at the front and rear of a motor vehicle, available only to those convicted of an alcohol-related violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance. Both front and rear license plates shall be fluorescent yellow but otherwise conform to the standards described within this chapter.

NEW SECTION.  Sec. 2   A new section is added to chapter 46.20 RCW to read as follows:
     (1) The department shall require that, after any applicable period of suspension, revocation, or denial of driving privileges, a person may drive only a motor vehicle equipped with fluorescent yellow license plates as described in section 1 of this act if the person is convicted of an alcohol-related violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance.
     (2) The display of fluorescent yellow license plates is not necessary on vehicles owned by a person's employer and driven as a requirement of employment during working hours.
     (3) The period of time of the restriction under this section is one year.

NEW SECTION.  Sec. 3   A new section is added to chapter 46.20 RCW to read as follows:
     (1) The department shall attach or imprint a notation on the driving record of any person restricted under section 2 of this act stating that the person must only operate a motor vehicle equipped with fluorescent yellow license plates. The department shall determine the person's eligibility for licensing based upon verification that the person has installed the required fluorescent yellow license plates on a vehicle owned or operated by the person seeking reinstatement. If, based upon notification from a law enforcement agency or otherwise, the department determines that the fluorescent yellow license plates required under this section are not being displayed as required, the department shall suspend the person's license or privilege to drive. Whenever the license or driving privilege of any person is suspended or revoked as a result of noncompliance with the requirement that the person only drive a vehicle equipped with fluorescent yellow license plates, the suspension must remain in effect until the person provides proof to the satisfaction of the department that fluorescent yellow license plates have been installed on a vehicle owned or operated by the person.
     (2) It is a misdemeanor for a person with a notation on his or her driving record, as described in subsection (1) of this section, to operate a motor vehicle that is not equipped with fluorescent yellow license plates.

NEW SECTION.  Sec. 4   A new section is added to chapter 46.20 RCW to read as follows:
     A person who is restricted to the use of a motor vehicle equipped with fluorescent yellow license plates and who knowingly disguises or obscures the color of the license plates is guilty of a gross misdemeanor.

Sec. 5   RCW 46.20.391 and 2004 c 95 s 7 are each amended to read as follows:
     (1)(a) 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 who has had his or her license suspended, revoked, or denied under RCW 46.20.3101, may submit to the department an application for a temporary restricted driver's license. The department, upon receipt of the prescribed fee and upon determining that the petitioner is eligible to receive the license, may issue a temporary restricted 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, a temporary restricted 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 or, for a suspension, revocation, or denial imposed under RCW 46.20.3101, during the required minimum portion of the periods of suspension, revocation, or denial established under (c) of this subsection.
     (b) An applicant under this subsection whose driver's license is suspended or revoked for an alcohol-related offense shall provide proof to the satisfaction of the department that a functioning ignition interlock device ((has)) and fluorescent yellow license plates have been installed on a vehicle owned or operated by the person.
     (i) The department shall require the person to maintain ((such)) a functioning ignition interlock device and fluorescent yellow license plates on a vehicle owned or operated by the person and shall restrict the person to operating only vehicles equipped with such a device and license plates, for the remainder of the period of suspension, revocation, or denial.
     (ii) Subject to any periodic renewal requirements established by the department pursuant to this section and subject to any applicable compliance requirements under this chapter or other law, a temporary restricted driver's license granted after a suspension or revocation under RCW 46.61.5055 or 46.20.3101 extends through the remaining portion of any concurrent or consecutive suspension or revocation that may be imposed as the result of administrative action and criminal conviction arising out of the same incident.
     (iii) The time period during which the person is licensed under this section shall apply on a day-for-day basis toward satisfying the period of time the ignition interlock device restriction is required under RCW 46.20.720 (1) and (2) (a), (b), and (c) and the period of time the fluorescent yellow license plate restriction is required under section 2 of this act.
     (c) The department shall provide by rule the minimum portions of the periods of suspension, revocation, or denial set forth in RCW 46.20.3101 after which a person may apply for a temporary restricted driver's license under this section. In establishing the minimum portions of the periods of suspension, revocation, or denial, the department shall consider the requirements of federal law regarding state eligibility for grants or other funding, and shall establish such periods so as to ensure that the state will maintain its eligibility, or establish eligibility, to obtain incentive grants or any other federal funding.
     (2)(a) A person licensed under this chapter whose driver's license is suspended administratively due to failure to appear or pay a traffic ticket under RCW 46.20.289; a violation of the financial responsibility laws under chapter 46.29 RCW; or for multiple violations within a specified period of time under RCW 46.20.291, may apply to the department for an occupational driver's license.
     (b) If the suspension is for failure to respond, pay, or comply with a notice of traffic infraction or conviction, the applicant must enter into a payment plan with the court.
     (c) An occupational driver's license issued to an applicant described in (a) of this subsection shall be valid for the period of the suspension or revocation.
     (3) An applicant for an occupational or temporary restricted driver's license who qualifies under subsection (1) or (2) of this section is eligible to receive such license only if:
     (a) Within seven years immediately preceding the date of the offense that gave rise to the present conviction or incident, the applicant has not committed vehicular homicide under RCW 46.61.520 or vehicular assault under RCW 46.61.522; and
     (b) The applicant demonstrates that it is necessary for him or her to operate a motor vehicle because he or she:
     (i) Is engaged in an occupation or trade that makes it essential that he or she operate a motor vehicle;
     (ii) Is undergoing continuing health care or providing continuing care to another who is dependent upon the applicant;
     (iii) Is enrolled in an educational institution and pursuing a course of study leading to a diploma, degree, or other certification of successful educational completion;
     (iv) Is undergoing substance abuse treatment or is participating in meetings of a twelve-step group such as Alcoholics Anonymous that requires the petitioner to drive to or from the treatment or meetings;
     (v) Is fulfilling court-ordered community service responsibilities;
     (vi) Is in a program that assists persons who are enrolled in a WorkFirst program pursuant to chapter 74.08A RCW to become gainfully employed and the program requires a driver's license;
     (vii) Is in an apprenticeship, on-the-job training, or welfare-to-work program; or
     (viii) Presents evidence that he or she has applied for a position in an apprenticeship or on-the-job training program for which a driver's license is required to begin the program, provided that a license granted under this provision shall be in effect for no longer than fourteen days; and
     (c) The applicant files satisfactory proof of financial responsibility under chapter 46.29 RCW; and
     (d) Upon receipt of evidence that a holder of an occupational driver's license granted under this subsection is no longer enrolled in an apprenticeship or on-the-job training program, the director shall give written notice by first class mail to the driver that the occupational driver's license shall be canceled. The effective date of cancellation shall be fifteen days from the date of mailing the notice. If at any time before the cancellation goes into effect the driver submits evidence of continued enrollment in the program, the cancellation shall be stayed. If the cancellation becomes effective, the driver may obtain, at no additional charge, a new occupational driver's license upon submittal of evidence of enrollment in another program that meets the criteria set forth in this subsection; and
     (e) The department shall not issue an occupational driver's license under (b)(iv) of this subsection if the applicant is able to receive transit services sufficient to allow for the applicant's participation in the programs referenced under (b)(iv) of this subsection.
     (4) A person aggrieved by the decision of the department on the application for an occupational or temporary restricted driver's license may request a hearing as provided by rule of the department.
     (5) The director shall cancel an occupational or temporary restricted 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 a separate offense that under this 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.

Sec. 6   RCW 46.63.020 and 2005 c 431 s 2, 2005 c 323 s 3, and 2005 c 183 s 10 are each reenacted and amended to read as follows:
     Failure to perform any act required or the performance of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to traffic including parking, standing, stopping, and pedestrian offenses, is designated as a traffic infraction and may not be classified as a criminal offense, except for an offense contained in the following provisions of this title or a violation of an equivalent administrative regulation or local law, ordinance, regulation, or resolution:
     (1) RCW 46.09.120(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance;
     (2) RCW 46.09.130 relating to operation of nonhighway vehicles;
     (3) RCW 46.10.090(2) relating to the operation of a snowmobile while under the influence of intoxicating liquor or narcotics or habit-forming drugs or in a manner endangering the person of another;
     (4) RCW 46.10.130 relating to the operation of snowmobiles;
     (5) Chapter 46.12 RCW relating to certificates of ownership and registration and markings indicating that a vehicle has been destroyed or declared a total loss;
     (6) RCW 46.16.010 relating to the nonpayment of taxes and fees by failure to register a vehicle and falsifying residency when registering a motor vehicle;
     (7) RCW 46.16.011 relating to permitting unauthorized persons to drive;
     (8) RCW 46.16.160 relating to vehicle trip permits;
     (9) RCW 46.16.381(2) relating to knowingly providing false information in conjunction with an application for a ((special placard or license plate for disabled persons')) parking permit for persons with disabilities or temporary disabilities;
     (10) RCW 46.20.005 relating to driving without a valid driver's license;
     (11) RCW 46.20.091 relating to false statements regarding a driver's license or instruction permit;
     (12) RCW 46.20.0921 relating to the unlawful possession and use of a driver's license;
     (13) Section 3 of this act relating to operating a motor vehicle without fluorescent yellow license plates in violation of a driving record notation that the license plates are required;
     (14) Section 4 of this act relating to disguising or obscuring the color of fluorescent yellow license plates;
     (15) RCW 46.20.342 relating to driving with a suspended or revoked license or status;
     (((14))) (16) RCW 46.20.345 relating to the operation of a motor vehicle with a suspended or revoked license;
     (((15))) (17) RCW 46.20.410 relating to the violation of restrictions of an occupational or temporary restricted driver's license;
     (((16))) (18) RCW 46.20.740 relating to operation of a motor vehicle without an ignition interlock device in violation of a license notation that the device is required;
     (((17))) (19) RCW 46.20.750 relating to ((assisting another person to start a vehicle equipped with)) circumventing an ignition interlock device;
     (((18))) (20) RCW 46.25.170 relating to commercial driver's licenses;
     (((19))) (21) Chapter 46.29 RCW relating to financial responsibility;
     (((20))) (22) RCW 46.30.040 relating to providing false evidence of financial responsibility;
     (((21))) (23) RCW 46.37.435 relating to wrongful installation of sunscreening material;
     (((22))) (24) RCW 46.37.650 relating to the sale, resale, distribution, or installation of a previously deployed air bag;
     (((23))) (25) RCW 46.37.671 through 46.37.675 relating to signal preemption devices;
     (26) RCW 46.44.180 relating to operation of mobile home pilot vehicles;
     (((24))) (27) RCW 46.48.175 relating to the transportation of dangerous articles;
     (((25))) (28) RCW 46.52.010 relating to duty on striking an unattended car or other property;
     (((26))) (29) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;
     (((27))) (30) RCW 46.52.090 relating to reports by repairmen, storagemen, and appraisers;
     (((28))) (31) RCW 46.52.130 relating to confidentiality of the driving record to be furnished to an insurance company, an employer, and an alcohol/drug assessment or treatment agency;
     (((29))) (32) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate;
     (((30))) (33) RCW 46.55.035 relating to prohibited practices by tow truck operators;
     (((31))) (34) RCW. 46.55.300 relating to immobilizing a vehicle owned by a person who is not the property owner;
     (35) RCW 46.61.015 relating to obedience to police officers, flaggers, or firefighters;
     (((32))) (36) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;
     (((33))) (37) RCW 46.61.022 relating to failure to stop and give identification to an officer;
     (((34))) (38) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;
     (((35))) (39) RCW 46.61.500 relating to reckless driving;
     (((36))) (40) RCW 46.61.502 and 46.61.504 relating to persons under the influence of intoxicating liquor or drugs;
     (((37))) (41) RCW 46.61.503 relating to a person under age twenty-one driving a motor vehicle after consuming alcohol;
     (((38))) (42) RCW 46.61.520 relating to vehicular homicide by motor vehicle;
     (((39))) (43) RCW 46.61.522 relating to vehicular assault;
     (((40))) (44) RCW 46.61.5249 relating to first degree negligent driving;
     (((41))) (45) RCW 46.61.527(4) relating to reckless endangerment of roadway workers;
     (((42))) (46) RCW 46.61.530 relating to racing of vehicles on highways;
     (((43))) (47) RCW 46.61.655(7) (a) and (b) relating to failure to secure a load;
     (((44))) (48) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;
     (((45))) (49) RCW 46.61.740 relating to theft of motor vehicle fuel;
     (((46) RCW 46.37.671 through 46.37.675 relating to signal preemption devices;
     (47))) (50) RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic citation;
     (((48))) (51) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;
     (((49))) (52) Chapter 46.65 RCW relating to habitual traffic offenders;
     (((50))) (53) RCW 46.68.010 relating to false statements made to obtain a refund;
     (((51))) (54) Chapter 46.70 RCW relating to unfair motor vehicle business practices, except where that chapter provides for the assessment of monetary penalties of a civil nature;
     (((52))) (55) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles;
     (((53))) (56) RCW 46.72A.060 relating to limousine carrier insurance;
     (((54))) (57) RCW 46.72A.070 relating to operation of a limousine without a vehicle certificate;
     (((55))) (58) RCW 46.72A.080 relating to false advertising by a limousine carrier;
     (((56))) (59) Chapter 46.80 RCW relating to motor vehicle wreckers;
     (((57))) (60) Chapter 46.82 RCW relating to driver's training schools;
     (((58))) (61) RCW 46.87.260 relating to alteration or forgery of a cab card, letter of authority, or other temporary authority issued under chapter 46.87 RCW;
     (((59))) (62) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW.