BILL REQ. #:  S-2662.1 

Read first time 04/18/13.   Referred to Committee on Law & Justice.

     AN ACT Relating to funding improved impaired driving safety and enforcement; amending RCW 82.08.160, 46.68.260, and 46.20.117; adding a new section to chapter 46.68 RCW; adding a new section to chapter 46.61 RCW; prescribing penalties; providing effective dates; and declaring an emergency.

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

Sec. 1   RCW 82.08.160 and 2012 2nd sp.s. c 5 s 3 are each amended to read as follows:
     (1) On or before the twenty-fifth day of each month, all taxes collected under RCW 82.08.150 during the preceding month must be remitted to the state department of revenue, to be deposited with the state treasurer. Except as provided in subsections (2) and (3) of this section, upon receipt of such moneys the state treasurer must credit sixty-five percent of the sums collected and remitted under RCW 82.08.150 (1) and (2) and one hundred percent of the sums collected and remitted under RCW 82.08.150 (3) and (4) to the state general fund and ((thirty-five)) seventeen and one-half percent of the sums collected and remitted under RCW 82.08.150 (1) and (2) to a fund which is hereby created to be known as the "liquor excise tax fund." Seventeen and one-half percent of the sums collected and remitted under RCW 82.08.150 (1) and (2) must be deposited into the impaired driving safety account in RCW 46.68.260.
     (2) During the 2012 fiscal year, 66.19 percent of the sums collected and remitted under RCW 82.08.150 (1) and (2) must be deposited in the state general fund and the remainder collected and remitted under RCW 82.08.150 (1) and (2) must be deposited in the liquor excise tax fund.
     (3) During fiscal year 2013, all funds collected under RCW 82.08.150 (1), (2), (3), and (4) must be deposited into the state general fund.

Sec. 2   RCW 46.68.260 and 2004 c 95 s 16 are each amended to read as follows:
     (1) The impaired driving safety account is created in the ((custody of the state treasurer)) state treasury. All receipts from fees collected under RCW 46.20.311 (1)(e)(ii), (2)(b)(ii), and (3)(b) shall be deposited according to RCW 46.68.041. Additionally, the tax imposed under RCW 66.24.290(5) must be deposited into the account. Expenditures from this account may be used only to fund projects to reduce impaired driving and to provide funding to local governments for costs associated with enforcing laws relating to driving and boating while under the influence of intoxicating liquor or any drug. The account is subject to allotment procedures under chapter 43.88 RCW. Moneys in the account may be spent only after appropriation.
     (2) Funds deposited into the account from the tax imposed under RCW 66.24.290(5) must first be used to fund the additional state costs as a result of Senate Bill No. 5912 (Z-0445/13) or House Bill No. 2030 (Z-0444/13); RCW 46.20.117; and section 7 of this act. This includes costs for incarceration, prosecution, public defense, treatment, and any other costs increased as a result of Senate Bill No. 5912 (Z-0445/13) or House Bill No. 2030 (Z-0444/13); and this act. The remainder must be used for the following purposes:
     (a) Fifty percent to be distributed to counties and cities as prescribed in section 3 of this act to cover the increased costs associated with Senate Bill No. 5912 (Z-0445/13) or House Bill No. 2030 (Z-0444/13); and may not supplant existing expenditures;
     (b) Fifty percent must be appropriated to the Washington traffic safety commission under RCW 43.59.010 for grants to eliminate impaired driving in accordance with the Washington state strategic highway safety plan: Target zero. The grants must include, but are not limited to, impaired driving emphasis patrols and funding for ancillary costs in relation to emphasis patrols, including costs for courts, prosecution and defense, incarceration, treatment, and other costs deemed necessary by the traffic safety commission. The traffic safety commission must also implement measures to ensure that the grant funding does not supplant existing expenses.

NEW SECTION.  Sec. 3   A new section is added to chapter 46.68 RCW to read as follows:
     (1) The distributions of the funds in RCW 46.68.260(2)(a) must be made eighty percent to counties and twenty percent to cities.
     (2) The amounts distributed to counties must be made based on a formula adopted by the traffic safety commission. The formula must, as a minimum, take into consideration population, location of traffic crashes involving persons driving under the influence of intoxicating liquor or drugs, and the number of court cases in a county involving persons driving under the influence of intoxicating liquor or drugs. The formula must be developed based on the data and research available to the traffic safety commission so that funds are distributed to locations with the most need.
     (3) The amounts distributed to cities must be made based on a formula adopted by the traffic safety commission using the same criteria as in subsection (2) of this section. Cities that cannot prosecute violations in their municipal courts under RCW 46.61.502 or 46.61.504 may not receive funds under this section.
     (4) Beginning July 1, 2013, and each July 1st thereafter, the traffic safety commission must provide the distribution information to the state treasurer. The state treasurer must distribute the funds on a quarterly basis.

Sec. 4   RCW 46.20.117 and 2012 c 80 s 6 are each amended to read as follows:
     (1) Issuance. The department ((shall)) must issue an identicard, containing a picture, if the applicant:
     (a) Does not hold a valid Washington driver's license;
     (b) Proves his or her identity as required by RCW 46.20.035; and
     (c) Pays the required fee. Except as provided in subsection (5) of this section, the fee is forty-five dollars from October 1, 2012, to June 30, 2013, and fifty-four dollars after June 30, 2013, unless an applicant is a recipient of continuing public assistance grants under Title 74 RCW, who is referred in writing by the secretary of social and health services. For those persons the fee must be the actual cost of production of the identicard.
     (2)(a) Design and term. The identicard must:
     (((a))) (i) Be distinctly designed so that it will not be confused with the official driver's license; and
     (((b))) (ii) Except as provided in subsection (5) of this section, expire on the sixth anniversary of the applicant's birthdate after issuance.
     (b) An identicard issued to a person who has been convicted under RCW 46.61.502 or 46.61.504 and whose driving privileges are restricted under RCW 46.20.720 must include a visible and identifying marker. A person with an identicard that includes a visible and identifying marker under this subsection may apply for a new identicard after restrictions under RCW 46.20.720 have been removed.
     (3) Renewal. An application for identicard renewal may be submitted by means of:
     (a) Personal appearance before the department; or
     (b) Mail or electronic commerce, if permitted by rule of the department and if the applicant did not renew his or her identicard by mail or by electronic commerce when it last expired.
     An identicard may not be renewed by mail or by electronic commerce unless the renewal issued by the department includes a photograph of the identicard holder.
     (4) Cancellation. The department may cancel an identicard if the holder of the identicard used the card or allowed others to use the card in violation of RCW 46.20.0921.
     (5) Alternative issuance/renewal/extension. The department may issue or renew an identicard for a period other than five years from October 1, 2012, to June 30, 2013, or six years after June 30, 2013, or may extend by mail or electronic commerce an identicard that has already been issued, in order to evenly distribute, as nearly as possible, the yearly renewal rate of identicard holders. The fee for an identicard issued or renewed for a period other than five years from October 1, 2012, to June 30, 2013, or six years after June 30, 2013, or that has been extended by mail or electronic commerce, is nine dollars for each year that the identicard is issued, renewed, or extended. The department may adopt any rules as are necessary to carry out this subsection.

NEW SECTION.  Sec. 5   A new section is added to chapter 46.61 RCW to read as follows:
     (1) It is unlawful for any person to sell liquor to any person who has an identifying marker on their identicard under RCW 46.20.117(2)(b) or driver's license under RCW 46.20.308(6)(c), or to permit any person who has an identifying marker on their identicard under RCW 46.20.117(2)(b) or driver's license under RCW 46.20.308(6)(c) to consume liquor on his or her premises or on any premises under his or her control. For the purposes of this subsection, "premises" includes real property, houses, buildings, and other structures, and motor vehicles and watercraft. A violation of this subsection is a misdemeanor punishable as provided for in chapter 9A.20 RCW.
     (2)(a) It is unlawful for any person who has an identifying marker on their identicard under RCW 46.20.117(2)(b) or driver's license under RCW 46.20.308(6)(c) to possess, consume, or otherwise acquire any liquor. A violation of this subsection is a gross misdemeanor punishable as provided for in chapter 9A.20 RCW.
     (b) It is unlawful for a person who has an identifying marker on their identicard under RCW 46.20.117(2)(b) or driver's license under RCW 46.20.308(6)(c) to be in a public place, or to be in a motor vehicle in a public place, while exhibiting the effects of having consumed liquor. For purposes of this subsection, exhibiting the effects of having consumed liquor means that a person has the odor of liquor on his or her breath and either: (i) Is in possession of or close proximity to a container that has or recently had liquor in it; or (ii) by speech, manner, appearance, behavior, lack of coordination, or otherwise, exhibits that he or she is under the influence of liquor.
     (3) This section does not apply to liquor given to or consumed by a person when the liquor is being used in connection with religious services and the amount consumed is the minimal amount necessary for the religious service.

NEW SECTION.  Sec. 6   Sections 1 through 3 of this act are necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and take effect July 1, 2013.

NEW SECTION.  Sec. 7   Sections 4 and 5 of this act take effect July 1, 2015.