BILL REQ. #:  H-1513.1 

Read first time 02/14/11.   Referred to Committee on Judiciary.

     AN ACT Relating to the issuance and installation of alternative license plates for persons convicted of certain DUI-related offenses; amending RCW 46.20.385; reenacting and amending RCW 46.63.020; adding a new section to chapter 46.16A RCW; adding a new section to chapter 46.17 RCW; adding new sections to chapter 46.20 RCW; prescribing penalties; and providing an effective date.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 46.16A RCW to read as follows:
     The department shall create and issue a license plate, for display at the front and rear of a motor vehicle, available for persons convicted of an alcohol-related violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance and for persons who have had their driver's license suspended, revoked, or denied under RCW 46.20.3101. Both front and rear license plates must designate an uppercase letter Z as the last symbol at the end of any sequence of letters or numbers, or both, but otherwise conform to the standards described under RCW 46.16A.200. If the vehicle is a motorcycle or moped, only one license plate must be issued.

NEW SECTION.  Sec. 2   A new section is added to chapter 46.17 RCW to read as follows:
     For motor vehicles issued Z-designated license plates under section 1 of this act, the department shall charge an additional fee of one hundred dollars. For motorcycles or mopeds issued a Z-designated license plate under section 1 of this act, the department shall charge a fee of twenty-five dollars. The fees must be deposited in the motor vehicle fund.

NEW SECTION.  Sec. 3   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 has ended, a person may only operate a motor vehicle equipped with Z-designated license plates as described in section 1 of this act if the person was convicted of an alcohol-related violation of RCW 46.61.502 or 46.61.504 or an equivalent local ordinance.
     (2) The display of Z-designated 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 three years.

NEW SECTION.  Sec. 4   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 3 of this act stating that the person must only operate a motor vehicle equipped with Z-designated license plates. The department shall determine the person's eligibility for a driver's license based upon verification that the person has obtained the required Z-designated license plates. If, based upon notification from a law enforcement agency or otherwise, the department determines that the Z-designated license plates required under this section are not being displayed as required, the department shall suspend the person's driver's license or privilege to drive. Whenever the driver's license or driving privilege of any person is suspended or revoked as a result of noncompliance with the requirement that the person only operate a motor vehicle equipped with Z-designated license plates, the suspension must remain in effect until the person obtains the required Z-designated license plates.
     (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 Z-designated license plates.

NEW SECTION.  Sec. 5   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 Z-designated license plates and who knowingly disguises or obscures the uppercase letter Z on the license plates is guilty of a gross misdemeanor.

Sec. 6   RCW 46.20.385 and 2010 c 269 s 1 are each amended to read as follows:
     (1)(a) Beginning January 1, 2009, any person licensed under this chapter who is convicted of a violation of RCW 46.61.502 or 46.61.504 or an equivalent local or out-of-state statute or ordinance, or a violation of RCW 46.61.520(1)(a) or 46.61.522(1)(b), or who has had or will have his or her license suspended, revoked, or denied under RCW 46.20.3101, may submit to the department an application for an ignition interlock 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 an ignition interlock driver's license.
     (b) A person may apply for an ignition interlock driver's license anytime, including immediately after receiving the notices under RCW 46.20.308 or after his or her license is suspended, revoked, or denied. A person receiving an ignition interlock driver's license waives his or her right to a hearing or appeal under RCW 46.20.308.
     (c) An applicant under this subsection shall provide proof to the satisfaction of the department that a functioning ignition interlock device has been installed on all vehicles operated by the person, and that he or she has obtained Z-designated license plates.
     (i) The department shall require the person to maintain the device and Z-designated license plates on all vehicles operated by the person and shall restrict the person to operating only vehicles equipped with the device and license plates, for the remainder of the period of suspension, revocation, or denial. The installation of an ignition interlock device is not necessary on vehicles owned, leased, or rented by a person's employer and on those vehicles whose care and/or maintenance is the temporary responsibility of the employer, and driven at the direction of a person's employer as a requirement of employment during working hours. The person must provide the department with a declaration pursuant to RCW 9A.72.085 from his or her employer stating that the person's employment requires the person to operate a vehicle owned by the employer or other persons during working hours.
     (ii) Subject to any periodic renewal requirements established by the department under this section and subject to any applicable compliance requirements under this chapter or other law, an ignition interlock driver's license granted upon 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 and 46.61.5055 and the period of time the Z-designated license plate restriction is required under section 3 of this act.
     (2) An applicant for an ignition interlock driver's license who qualifies under subsection (1) of this section is eligible to receive a license only if the applicant files satisfactory proof of financial responsibility under chapter 46.29 RCW.
     (3) Upon receipt of evidence that a holder of an ignition interlock driver's license granted under this subsection no longer has a functioning ignition interlock device installed on all vehicles operated by the driver, the director shall give written notice by first-class mail to the driver that the ignition interlock driver's license shall be canceled. If at any time before the cancellation goes into effect the driver submits evidence that a functioning ignition interlock device has been installed on all vehicles operated by the driver, the cancellation shall be stayed. If the cancellation becomes effective, the driver may obtain, at no additional charge, a new ignition interlock driver's license upon submittal of evidence that a functioning ignition interlock device has been installed on all vehicles operated by the driver.
     (4) A person aggrieved by the decision of the department on the application for an ignition interlock driver's license may request a hearing as provided by rule of the department.
     (5) The director shall cancel an ignition interlock driver's license after receiving notice that the holder thereof has been convicted of operating a motor vehicle in violation of its restrictions, no longer meets the eligibility requirements, or has been convicted of or found to have committed a separate offense or any other act or omission that under this chapter would warrant suspension or revocation of a regular driver's license. The department must give notice of the cancellation as provided under RCW 46.20.245. A person whose ignition interlock driver's license has been canceled under this section may reapply for a new ignition interlock driver's license if he or she is otherwise qualified under this section and pays the fee required under RCW 46.20.380.
     (6)(a) Unless costs are waived by the ignition interlock company or the person is indigent under RCW 10.101.010, the applicant shall pay the cost of installing, removing, and leasing the ignition interlock device and shall pay an additional fee of twenty dollars per month. Payments shall be made directly to the ignition interlock company. The company shall remit the additional twenty-dollar fee to the department.
     (b) The department shall deposit the proceeds of the twenty-dollar fee into the ignition interlock device revolving account. Expenditures from the account may be used only to administer and operate the ignition interlock device revolving account program. The department shall adopt rules to provide monetary assistance according to greatest need and when funds are available.
     (7) The department shall adopt rules to implement ignition interlock licensing. The department shall consult with the administrative office of the courts, the state patrol, the Washington association of sheriffs and police chiefs, ignition interlock companies, and any other organization or entity the department deems appropriate.

Sec. 7   RCW 46.63.020 and 2010 c 252 s 3, 2010 c 161 s 1125, and 2010 c 8 s 9077 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 46.09.470(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance;
     (2) RCW 46.09.480 relating to operation of nonhighway vehicles;
     (3) RCW 46.10.490(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 46.10.495 relating to the operation of snowmobiles;
     (5) Chapter 46.12 RCW relating to certificates of title, registration certificates, and markings indicating that a vehicle has been destroyed or declared a total loss;
     (6) RCW 46.16A.030 and 46.16A.050(3) relating to the nonpayment of taxes and fees by failure to register a vehicle and falsifying residency when registering a motor vehicle;
     (7) RCW 46.16A.520 relating to permitting unauthorized persons to drive;
     (8) RCW 46.16A.320 relating to vehicle trip permits;
     (9) RCW 46.19.050 relating to knowingly providing false information in conjunction with an application for ((a)) special ((placard or license plate for disabled persons')) parking privileges for persons with 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 4 of this act relating to operating a motor vehicle without Z-designated license plates in violation of a driving record notation that the license plates are required;
     (14) Section 5 of this act relating to disguising or obscuring the uppercase letter Z on Z-designated 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 driver's license, temporary restricted driver's license, or ignition interlock 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 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 46.35.030 relating to recording device information;
     (((22))) (24) RCW 46.37.435 relating to wrongful installation of sunscreening material;
     (((23))) (25) RCW 46.37.650 relating to the sale, resale, distribution, or installation of a previously deployed air bag;
     (((24))) (26) RCW 46.37.671 through 46.37.675 relating to signal preemption devices;
     (((25))) (27) RCW 46.44.180 relating to operation of mobile home pilot vehicles;
     (((26))) (28) RCW 46.48.175 relating to the transportation of dangerous articles;
     (((27))) (29) RCW 46.52.010 relating to duty on striking an unattended car or other property;
     (((28))) (30) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;
     (((29))) (31) RCW 46.52.090 relating to reports by repairers, storage persons, and appraisers;
     (((30))) (32) 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;
     (((31))) (33) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate;
     (((32))) (34) RCW 46.55.035 relating to prohibited practices by tow truck operators;
     (((33))) (35) RCW 46.55.300 relating to vehicle immobilization;
     (((34))) (36) RCW 46.61.015 relating to obedience to police officers, flaggers, or firefighters;
     (((35))) (37) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;
     (((36))) (38) RCW 46.61.022 relating to failure to stop and give identification to an officer;
     (((37))) (39) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;
     (((38))) (40) RCW 46.61.212(4) relating to reckless endangerment of emergency zone workers;
     (((39))) (41) RCW 46.61.500 relating to reckless driving;
     (((40))) (42) RCW 46.61.502 and 46.61.504 relating to persons under the influence of intoxicating liquor or drugs;
     (((41))) (43) RCW 46.61.503 relating to a person under age twenty-one driving a motor vehicle after consuming alcohol;
     (((42))) (44) RCW 46.61.520 relating to vehicular homicide by motor vehicle;
     (((43))) (45) RCW 46.61.522 relating to vehicular assault;
     (((44))) (46) RCW 46.61.5249 relating to first degree negligent driving;
     (((45))) (47) RCW 46.61.527(4) relating to reckless endangerment of roadway workers;
     (((46))) (48) RCW 46.61.530 relating to racing of vehicles on highways;
     (((47))) (49) RCW 46.61.655(7) (a) and (b) relating to failure to secure a load;
     (((48))) (50) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;
     (((49))) (51) RCW 46.61.740 relating to theft of motor vehicle fuel;
     (((50))) (52) RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic citation;
     (((51))) (53) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;
     (((52))) (54) Chapter 46.65 RCW relating to habitual traffic offenders;
     (((53))) (55) RCW 46.68.010 relating to false statements made to obtain a refund;
     (((54))) (56) 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;
     (((55))) (57) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles;
     (((56))) (58) RCW 46.72A.060 relating to limousine carrier insurance;
     (((57))) (59) RCW 46.72A.070 relating to operation of a limousine without a vehicle certificate;
     (((58))) (60) RCW 46.72A.080 relating to false advertising by a limousine carrier;
     (((59))) (61) Chapter 46.80 RCW relating to motor vehicle wreckers;
     (((60))) (62) Chapter 46.82 RCW relating to driver's training schools;
     (((61))) (63) 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;
     (((62))) (64) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW.

NEW SECTION.  Sec. 8   This act takes effect January 1, 2012.