H-215                _______________________________________________

                                                    HOUSE BILL NO. 163

                        _______________________________________________

State of Washington                              49th Legislature                              1985 Regular Session

By Representatives Leonard, Allen, Walk, Brekke, Barrett, Jacobsen, Cole, R. King, Walker, Valle, Fisch, Winsley, Braddock, Kremen, Bond, Van Luven, K. Wilson, G. Nelson, Ballard, May, Holland, Hankins, Tanner, Miller, Brough, Silver, Tilly, Basich and Taylor

Read first time 1/23/85 and referred to Committee on Social & Health Services.

AN ACT Relating to drivers' licensure; and amending RCW 46.20.031 and 46.65.060.

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

        Sec. 1.  Section 4, chapter 121, Laws of 1965 ex. sess. as amended by section 1, chapter 162, Laws of 1977 ex. sess. and RCW 46.20.031 are each amended to read as follows:

          The department shall not issue a driver's license hereunder:

          (1) To any person who is under the age of sixteen years;

          (2) To any person whose license has been suspended during such suspension, nor to any person whose license has been revoked, except as provided in RCW 46.20.311;

          (3) To any person when the department has been notified by a court that such person has violated his written promise to appear in court, unless the department has received a certificate from the court in which such person promised to appear, showing that the case has been adjudicated.  The deposit of bail by a person charged with a violation of any law regulating the operation of motor vehicles on highways shall be deemed an appearance in court for the purpose of this section;

          (4) To any person who (((a) is an habitual user of narcotic drugs, or is an habitual user of any other drug to a degree which renders him incapable of safely driving a motor vehicle; or (b) habitually lacks self-control as to the use of alcoholic beverages, or uses alcoholic beverages to the extent that his health is substantially impaired or endangered or his social or economic function is disrupted so as to constitute a danger to other persons or property)) has been evaluated by a program approved by the department of social and health services as being an alcoholic, drug addict, alcohol abuser, or drug abuser:  PROVIDED, That a license may be issued if the department determines that such person is participating in or has successfully completed an ((alcoholism recovery)) alcohol or drug abuse treatment program ((acceptable to)) approved by the department of social and health services and has established control of his ((alcoholic condition)) or her alcohol and/or drug abuse problem;

          (5) To any person who has previously been adjudged to be mentally ill or insane, or to be incompetent due to any mental disability or disease, and who has not at the time of application been restored to competency by the methods provided by law:  PROVIDED, HOWEVER, That no person so adjudged shall be denied a license for such cause if the superior court should find him able to operate a motor vehicle with safety upon the highways during such incompetency;

          (6) To any person who is required by this chapter to take an examination, unless such person shall have successfully passed such examination;

          (7) To any person who is required under the laws of this state to deposit proof of financial responsibility and who has not deposited such proof;

          (8) To any person when the department has good and substantial evidence to reasonably conclude that such person by reason of physical or mental disability would not be able to operate a motor vehicle with safety upon the highways; subject to review by a court of competent jurisdiction.

        Sec. 2.  Section 8, chapter 284, Laws of 1971 ex. sess. as last amended by section 2, chapter 188, Laws of 1981 and RCW 46.65.060 are each amended to read as follows:

          If the department finds that such person is not an habitual offender under this chapter, the proceeding shall be dismissed, but if the department finds that such person is an habitual offender, the department shall revoke the operator's license for a period of five years:  PROVIDED, That the department may stay the date of the revocation if it finds that the traffic offenses upon which it is based were caused by or are the result of ((the alcoholism of the person, as defined in RCW 70.96A.020, as now or hereafter amended)) alcoholism or drug addiction as evaluated by a program approved by the department of social and health services, and that since his or her last offense he or she has undertaken and followed a course of treatment for alcoholism ((on)) or drug treatment in a program approved by the department of social and health services; such stay shall be subject to terms and conditions as are deemed reasonable by the department.  Said stay shall continue as long as there is no further conviction for any of the offenses listed in RCW 46.65.020(1).  Upon a subsequent conviction for any offense listed in RCW 46.65.020(1) or violation of any of the terms or conditions of the original stay order, the stay shall be removed and the department shall revoke the operator's license for a period of five years.