HOUSE BILL REPORT

HB 1482

BYRepresentatives Rasmussen, Dorn, Winsley, Crane, Holland, Holm, Cooper, Walker, Betrozoff, Rayburn, Scott, Hargrove, Grant, Kremen, Unsoeld, Barnes, Baugher, Doty, Moyer, Wineberry, Anderson, Jesernig, Jones, Brough, Basich, Meyers, Ballard, P. King, May, Taylor, Miller, Spanel, Silver, Ferguson and Butterfield

Revoking or suspending juveniles' drivers licenses for violation of certain drug or alcohol laws.

House Committe on Judiciary

Majority Report:  Do pass.  (16)

      Signed by Representatives Armstrong, Chair; Crane, Vice Chair; Appelwick, Belcher, Brough, Hargrove, P. King, Lewis, Meyers, Moyer, Padden, Patrick, Schmidt, Scott, Wang and Wineberry.

Minority Report:  Do not pass.  (1)

      Signed by Representative Locke.

House Staff:Harry Reinert (786-7110)

AS PASSED HOUSE FEBRUARY 9, 1988

BACKGROUND:

Juveniles under the age of 18 convicted of driving while intoxicated are subject to a 90 day suspension of driving privileges or until age 19, whichever is longer on the first conviction, revocation for one year on the second conviction, and two years on a third or subsequent offense.

The Liquor Control Act makes it illegal for a person under the age of 21 to possess, consume, purchase, or attempt to purchase alcoholic beverages.

The Controlled Substances Act makes it illegal for any person to possess, manufacture, or sell controlled substances.

SUMMARY:

The driving privileges of a juvenile under the age of 18 who is found to have violated the provisions of the liquor control act or the controlled substances act will be revoked by the Department of Licensing.  The court or diversion unit must notify the Department within 24 hours after the judgment is entered or the diversion agreement is signed. For the first conviction or agreement involving an alcohol or drug offense, the juvenile's privilege to drive will be revoked for one year, or until the juvenile is 17, whichever is later.  For a second or subsequent offense, the revocation will last until the juvenile is 18 or two years, whichever is later.

A juvenile may petition the court for reinstatement of his or her driving privileges.  The juvenile's privilege to drive may not be reinstated earlier than 90 days after the judgment, for the first offense, or one year for a second or subsequent offense.

If the juvenile signed a diversion agreement, the diversion unit must notify the department when the juvenile completes the agreement.  The department may not reinstate the juvenile's driving privileges until 90 days after the agreement was signed for a first offense, or until one year after the agreement was signed for a second or subsequent offense.

EFFECT OF SENATE AMENDMENT(S):  The Senate amendment adds violations of the Legend Drug Act and the Imitation Controlled Substances Act to the category of offenses that will result in a juvenile's losing his or her privilege to drive.  The amendment also sets a minimum age of 13 for which this sanction will apply.  The amendment also adds an intent section stating the Legislature's determination that the danger that alcohol and drug abuse pose to children can be lessened by threatening juveniles with a loss of driving privileges for violating alcohol and drug laws.

Fiscal Note:      Requested January 27, 1988.

House Committee ‑ Testified For:    Representative Marilyn Rasmussen; Bill Logan, Lewis County Sheriff; John Frase, Lewis County Sheriff; Carmen Angier, PTSA; Ann Olson, Washington PTSA; Gerry Wolff, MADD; Mike Redman, WAPA; Ed Trager, Pierce County Sheriff; Jim Rabby, Washington State Law Enforcement Association; Jerry Edwards, Washington State Association of Sheriff's and Police Chiefs; Tim Hamilton, Automotive United Trade Association.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    Driving is so important to children that threatening to take away the right to drive will be an effective way to reduce alcohol and drug use.  Oregon has had a similar provision for some time and it has helped reduce minor involvement with drugs and alcohol.

House Committee - Testimony Against:      None Presented.

VOTE ON FINAL PASSAGE:

      Yeas 93; Nays 4; Excused 1

Voting Nay: Representatives Belcher, Fisher, Nelson, Vekich

Excused:    Representative Taylor