Bill Summary – FastDemocracy

H-3077.1
                           SUBSTITUTE HOUSE BILL 1953
     State of Washington         68th Legislature       2024 Regular Session
     By House Transportation (originally sponsored by Representatives
     Entenman, Jacobsen, Leavitt, Reed, Ormsby, Callan, and Reeves; by
     request of Department of Licensing)
     READ FIRST TIME 02/02/24.
      AN ACT Relating to improving access to department of licensing
  issued documents by clarifying the application requirements for a
  minor, modifying the requirements for at-cost identicards, and
  studying the feasibility of reduced-fee identicards; amending RCW
  46.20.075, 46.20.100, and 46.20.117; creating a new section;
  providing an effective date; and providing an expiration date.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
     Sec. 1.   RCW 46.20.075 and 2023 c 445 s 2 are each amended to
 read as follows:
     (1) An intermediate license authorizes the holder to drive a
 motor vehicle under the conditions specified in this section. An
 applicant for an intermediate license must be at least 16 years of
 age and:
     (a) Have possessed a valid instruction permit for a period of not
 less than six months;
     (b) Have passed a driver licensing examination administered by
 the department;
     (c) Have passed a course of driver's education in accordance with
 the standards established in RCW 46.20.100;
     (d) Present certification by his or her parent, guardian, ((or))
 employer, or responsible adult to the department stating (i) that the
                                       p. 1                         SHB 1953
 applicant has had at least 50 hours of driving experience, 10 of
 which were at night, during which the driver was supervised by a
 person at least 21 years of age who has had a valid driver's license
 for at least three years, and (ii) that the applicant has not been
 issued a notice of traffic infraction or cited for a traffic
 violation that is pending at the time of the application for the
 intermediate license;
     (e) Not have been convicted of or found to have committed a
 traffic violation within the last six months before the application
 for the intermediate license; ((and))
     (f) Not have been adjudicated for an offense involving the use of
 alcohol or drugs during the period the applicant held an instruction
 permit.
     (2) For the first six months after the issuance of an
 intermediate license or until the holder reaches 18 years of age,
 whichever occurs first, the holder of the license may not operate a
 motor vehicle that is carrying any passengers under the age of 20 who
 are not members of the holder's immediate family. For the remaining
 period of the intermediate license, the holder may not operate a
 motor vehicle that is carrying more than three passengers who are
 under the age of 20 who are not members of the holder's immediate
 family.
     (3) The holder of an intermediate license may not operate a motor
 vehicle between the hours of 1 a.m. and 5 a.m. except (a) when the
 holder is accompanied by a licensed driver who is at least 25 years
 of age, or (b) for school, religious, or employment activities for
 the holder or a member of the holder's immediate family as defined in
 this section.
     (4) The holder of an intermediate license may not operate a
 moving motor vehicle while using a wireless communications device
 unless the holder is using the device to report illegal activity,
 summon medical or other emergency help, or prevent injury to a person
 or property.
     (5) It is a traffic infraction for the holder of an intermediate
 license to operate a motor vehicle in violation of the restrictions
 imposed under this section.
     (6) Except for a violation of subsection (4) of this section,
 enforcement of this section by law enforcement officers may be
 accomplished only as a secondary action when a driver of a motor
                                     p. 2                         SHB 1953
 vehicle has been detained for a suspected violation of this title or
 an equivalent local ordinance or some other offense.
     (7) An intermediate licensee may drive at any hour without
 restrictions on the number of passengers in the vehicle if necessary
 for agricultural purposes.
     (8) An intermediate licensee may drive at any hour without
 restrictions on the number of passengers in the vehicle if, for the
 12-month period following the issuance of the intermediate license,
 he or she:
     (a) Has not been involved in an accident involving only one motor
 vehicle;
     (b) Has not been involved in an accident where he or she was
 cited in connection with the accident or was found to have caused the
 accident;
     (c) Has not been involved in an accident where no one was cited
 or was found to have caused the accident; and
     (d) Has not been convicted of or found to have committed a
 traffic offense described in chapter 46.61 RCW or violated
 restrictions placed on an intermediate licensee under this section.
     (9) For the purposes of this section, (("immediate)) the
 following definitions apply:
     (a) "Immediate family" means an individual's spouse or domestic
 partner,   child,    stepchild,    grandchild,  parent,    stepparent,
 grandparent, brother, half-brother, sister, or half-sister of the
 individual, including foster children living in the household, and
 the spouse or the domestic partner of any such person, and a child,
 stepchild, grandchild, parent, stepparent, grandparent, brother,
 half-brother, sister, or half-sister of the individual's spouse or
 domestic partner, and the spouse or the domestic partner of any such
 person.
     (b) "Responsible adult" means a person specifically authorized by
 the department who:
     (i) Is over the age of 21 and has a familial, kinship, or
 caretaker relationship to a minor;
     (ii) Provides support to a minor in a professional capacity; or
     (iii) Represents a government entity.
     Sec. 2.   RCW 46.20.100 and 2017 c 197 s 7 are each amended to
 read as follows:
                                     p. 3                         SHB 1953
     (1) Application. The application of a person under the age of
 ((eighteen)) 18 years for a driver's license or a motorcycle
 endorsement must be signed by a parent ((or)), guardian ((with
 custody of the minor. If the person under the age of eighteen has no
 father, mother, or guardian, then the application must be signed by
 the minor's)), employer, or responsible adult as defined in RCW
 46.20.075.
     (2) Traffic safety education requirement. For a person under the
 age of ((eighteen)) 18 years to obtain a driver's license, he or she
 must meet the traffic safety education requirements of this
 subsection.
     (a) To meet the traffic safety education requirement for a
 driver's license, the applicant must satisfactorily complete a driver
 training education course as defined in RCW 28A.220.020 for a course
 offered by a school district or approved private school, or as
 defined by the department of licensing for a course offered by a
 driver training school licensed under chapter 46.82 RCW. The course
 offered by a school district or an approved private school must be
 part of a traffic safety education program authorized by the office
 of the superintendent of public instruction and certified under
 chapter 28A.220 RCW. The course offered by a driver training school
 must meet the standards established by the department of licensing
 under chapter 46.82 RCW. The driver training education course may be
 provided by:
     (i) A secondary school within a school district or approved
 private school that establishes and maintains an approved and
 certified traffic safety education program under chapter 28A.220 RCW;
 or
     (ii) A driver training school licensed under chapter 46.82 RCW
 that is annually approved by the department of licensing.
     (b) To meet the traffic safety education requirement for a
 motorcycle endorsement, the applicant must successfully complete a
 motorcycle   safety  education   course  that   meets  the  standards
 established by the department of licensing.
     (c) The department may waive the driver training education course
 requirement for a driver's license if the applicant demonstrates to
 the department's satisfaction that:
     (i) He or she was unable to take or complete a driver training
 education course;
                                     p. 4                         SHB 1953
       (ii) A need exists for the applicant to operate a motor vehicle;
 and
     (iii) He or she has the ability to operate a motor vehicle in
 such a manner as not to jeopardize the safety of persons or property.
 The department may adopt rules to implement this subsection (2)(c) in
 concert with the supervisor of the traffic safety education section
 of the office of the superintendent of public instruction.
     (d) The department may waive the driver training education course
 requirement if the applicant was licensed to drive a motor vehicle or
 motorcycle outside this state and provides proof that he or she has
 had education equivalent to that required under this subsection.
     Sec. 3.   RCW 46.20.117 and 2021 c 158 s 5 are each amended to
 read as follows:
     (1)   Issuance.  The   department   shall  issue  an   identicard,
 containing a picture, if the applicant:
     (a) Does not hold a valid Washington driver's license;
     (b) Proves the applicant's identity as required by RCW 46.20.035;
 and
     (c) Pays the required fee. Except as provided in subsection (7)
 of this section, the fee is ((seventy-two dollars)) $72, unless an
 applicant is:
     (i) A recipient of continuing public assistance grants under
 Title 74 RCW, ((who is referred in writing by the secretary of social
 and health services or by the secretary of children, youth, and
 families)) or a participant in the Washington women, infants, and
 children program. Any applicant under this subsection must be
 verified by documentation sufficient to demonstrate eligibility;
     (ii) Under the age of ((twenty-five)) 25 and does not have a
 permanent residence address as determined by the department by rule;
 or
     (iii) An individual who is scheduled to be released from an
 institution as defined in RCW 13.40.020, a community facility as
 defined in RCW 72.05.020, or other juvenile rehabilitation facility
 operated by the department of social and health services or the
 department of children, youth, and families; or an individual who has
 been released from such an institution or facility within ((thirty))
 30 calendar days before the date of the application.
     For those persons under (c)(i) through (iii) of this subsection,
 the fee must be the actual cost of production of the identicard.
                                       p. 5                        SHB 1953
     (2)(a) Design and term. The identicard must:
     (i) Be distinctly designed so that it will not be confused with
 the official driver's license; and
     (ii) Except as provided in subsection (7) of this section, expire
 on the eighth anniversary of the applicant's birthdate after
 issuance.
     (b) The identicard may include the person's status as a veteran,
 consistent with RCW 46.20.161(4).
     (c) If applicable, the identicard may include a medical alert
 designation as provided in subsection (5) of this section.
     (3) Renewal. An application for identicard renewal may be
 submitted by means of:
     (a) Personal appearance before the department;
     (b) Mail or electronic commerce, if permitted by rule of the
 department and if the applicant did not renew the identicard by mail
 or by electronic commerce when it last expired; or
     (c) From January 1, 2022, to June 30, 2024, electronic commerce,
 if permitted by rule of the department.
     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) Any person may apply to the department to obtain a medical
 alert designation, a developmental disability designation, or a
 deafness designation on an identicard issued under this chapter by
 providing:
     (a) Self-attestation that the individual:
     (i) Has a medical condition that could affect communication or
 account for a health emergency;
     (ii) Is deaf or hard of hearing; or
     (iii) Has a developmental disability as defined in RCW
 71A.10.020;
     (b) A statement from the person that they have voluntarily
 provided the self-attestation and other information verifying the
 condition; and
     (c) For persons under ((eighteen)) 18 years of age or who have a
 developmental disability, the signature of a parent or legal
 guardian.
                                     p. 6                         SHB 1953
     (6) A self-attestation or data contained in a self-attestation
 provided under this section:
     (a) Shall not be disclosed; and
     (b) Is for the confidential use of the director, the chief of the
 Washington state patrol, and law enforcement and emergency medical
 service providers as designated by law.
     (7) Alternative issuance/renewal/extension. The department may
 issue or renew an identicard for a period other than eight years, or
 may extend by mail or electronic commerce an identicard that has
 already been issued. The fee for an identicard issued or renewed for
 a period other than eight years, or that has been extended by mail or
 electronic commerce, is ((nine dollars)) $9 for each year that the
 identicard is issued, renewed, or extended. The department must offer
 the option to issue or renew an identicard for six years in addition
 to the eight year issuance. The department may adopt any rules as are
 necessary to carry out this subsection.
     (8) Identicard photos must be updated in      the   same   manner   as
 driver's license photos under RCW 46.20.120(5).
     NEW SECTION.    Sec. 4.    (1) The department of licensing must
 conduct a study on the feasibility of offering a reduced-fee
 identicard. In completing this study, the department shall:
     (a) Examine the current cost of identicards and its impact on
 families and customers with limited resources;
     (b) Conduct a review of additional states and how they handle
 pricing of their identity credentials;
     (c) Review parameters of eligibility for identicards issued under
 RCW 46.20.117(1)(c);
     (d) Recommend improvements to accessing identicards for the
 public;
     (e) Identify any changes in revenue associated with expanded
 eligibility for reduced-fee identicards; and
     (f) Identify any costs associated with administering and
 promoting a reduced-fee identicard program.
     (2) A report of the study findings and any recommendations are
 due to the governor and the transportation committees of the
 legislature by December 1, 2025.
     (3) This section expires December 1, 2025.
                                     p. 7                            SHB 1953
     NEW SECTION.   Sec. 5.   Sections 1 through 3 of this act take
 effect January 1, 2025.
                                 --- END ---
                                    p. 8                      SHB 1953
Statutes affected: 
Original Bill: 46.20.075, 46.20.100, 46.20.117
Substitute Bill: 46.20.075, 46.20.100, 46.20.117