H-1375.1
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SUBSTITUTE HOUSE BILL 1294
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State of Washington
56th Legislature
By House Committee on Transportation
Representatives Fisher and K. Schmidt)
1999 Regular Session
(originally
sponsored
by
Read first time 02/08/1999.
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AN ACT Relating to technical editing of statutes in chapter 46.20
RCW; amending RCW 46.20.015, 46.20.025, 46.20.031, 46.20.035,
46.20.041, 46.20.045, 46.20.055, 46.20.070, 46.20.091, 46.20.095,
46.20.100, 46.20.114, 46.20.117, 46.20.120, 46.20.130, 46.20.157,
46.20.161, 46.20.181, 46.20.205, 46.20.510, and 46.64.070; reenacting
and amending RCW 46.20.021; adding a new section to chapter 46.04 RCW;
adding new sections to chapter 46.20 RCW; creating a new section;
recodifying RCW 46.20.190, 46.20.336, 46.20.550, 46.20.343, 46.20.470,
46.20.414, and 46.20.430; repealing RCW 46.20.106 and 46.20.116; and
prescribing penalties.
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
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NEW SECTION. Sec. 1. (1) This act is intended to edit some of the
statutes relating to driver’s licenses in order to make those statutes
more comprehensible to the citizenry of the state of Washington. The
legislature does not intend to make substantive changes in the meaning,
interpretation, court construction, or constitutionality of any
provision of chapter 46.20 RCW or other statutory provisions or rules
adopted under those provisions.
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(2) This act is technical in nature and does not terminate or in
any way modify any rights, proceedings, or liabilities, civil or
criminal, that exist on the effective date of this act.
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NEW SECTION. Sec. 2. A new section is added to chapter 46.04 RCW
to read as follows:
"Driving privilege withheld" means that the department has revoked,
suspended, or denied a person’s Washington state driver’s license,
permit to drive, driving privilege, or nonresident driving privilege.
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NEW SECTION. Sec. 3. A new section is added to chapter 46.20 RCW
to read as follows:
(1) No person may drive a motor vehicle upon a highway in this
state without first obtaining a valid driver’s license issued to
Washington residents under this chapter. The only exceptions to this
requirement are those expressly allowed by RCW 46.20.025.
(2) A person licensed as a driver under this chapter:
(a) May exercise the privilege upon all highways in this state;
(b) May not be required by a political subdivision to obtain any
other license to exercise the privilege; and
(c) May not have more than one valid driver’s license at any time.
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Sec. 4. RCW 46.20.015 and 1997 c 66 s 2 are each amended to read
as follows:
(1) Except as expressly exempted by this chapter, it is a traffic
infraction and not a misdemeanor under RCW 46.20.005 ((for)) if a
person ((to)):
(a) Drives any motor vehicle upon a highway in this state without
a valid driver’s license issued to Washington residents under this
chapter in his or her possession ((if the person));
(b) Provides the citing officer with an expired driver’s license or
other valid identifying documentation under RCW 46.20.035 at the time
of the stop; and ((the person))
(c) Is not driving while suspended or revoked in violation of RCW
46.20.342(1) or 46.20.420.
(2) A ((violation of)) person who violates this section is subject
to a penalty of two hundred fifty dollars. If the person appears in
person before the court or submits by mail written proof that he or she
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obtained a valid license after being cited, the court shall reduce the
penalty to fifty dollars.
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Sec. 5. RCW 46.20.021 and 1997 c 66 s 3 and 1997 c 59 s 8 are each
reenacted and amended to read as follows:
(1) New Washington residents must obtain a valid Washington
driver’s license within thirty days from the date they become
residents.
(2) To qualify for a Washington driver’s license, a person must
surrender to the department all valid driver’s licenses that any other
jurisdiction has issued to him or her. The department must invalidate
the surrendered photograph license and may return it to the person.
(a) The invalidated license, along with a valid temporary
Washington driver’s license provided for in section 12 of this act, is
proper identification.
(b) The department shall notify the previous issuing department
that the licensee is now licensed in a new jurisdiction.
(3) For the purposes of obtaining a valid driver’s license, a
resident is a person who manifests an intent to live or be located in
this state on more than a temporary or transient basis. Evidence of
residency includes but is not limited to:
(a) Becoming a registered voter in this state; or
(b) Receiving benefits under one of the Washington public
assistance programs; or
(c) Declaring ((that he or she is a resident)) residency for the
purpose of obtaining a state license or tuition fees at resident rates.
(((2) The term)) (4)(a) "Washington public assistance programs"
((referred to in subsection (1)(b) of this section includes only))
means public assistance programs ((for which)) that receive more than
fifty percent of the combined costs of benefits and administration
((are paid)) from state funds.
((Programs which are not included
within the term))
(b) "Washington public assistance programs" ((pursuant to the above
criteria include, but are not limited to)) does not include:
(i) The Food Stamp program under the federal Food Stamp Act of
1964;
(ii) Programs under the Child Nutrition Act of 1966, 42 U.S.C.
Secs. 1771 through 1788; ((and))
(iii) Temporary Assistance for Needy Families; and
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(iv) Any other program that does not meet the criteria of (a) of
this subsection.
(((3) No person shall receive a driver’s license unless and until
he or she surrenders to the department all valid driver’s licenses in
his or her possession issued to him or her by any other jurisdiction.
The department shall establish a procedure to invalidate the
surrendered photograph license and return it to the person.
The
invalidated license, along with the valid temporary Washington driver’s
license provided for in RCW 46.20.055(3), shall be accepted as proper
identification. The department shall notify the issuing department
that the licensee is now licensed in a new jurisdiction. No person
shall be permitted to have more than one valid driver’s license at any
time.
(4) New Washington residents are allowed thirty days from the date
they become residents as defined in this section to procure a valid
Washington driver’s license.
(5) Any person licensed as a driver under this chapter may exercise
the privilege thereby granted upon all streets and highways in this
state and shall not be required to obtain any other license to exercise
such privilege by any county, municipal or local board, or body having
authority to adopt local police regulations.))
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Sec. 6. RCW 46.20.025 and 1993 c 148 s 1 are each amended to read
as follows:
The following persons ((are exempt from license hereunder)) may
operate a motor vehicle on a Washington highway without a valid
Washington driver’s license:
(1) ((Any person in the service)) A member of the United States
Army, Navy, Air Force, Marine Corps, or Coast Guard ((of the United
States)), or in the service of the National Guard of this state or any
other state, ((when furnished with a driver’s license by such service
when operating)) if licensed by the military to operate an official
motor vehicle in such service;
(2) A nonresident driver who is at least:
(a) Sixteen years of age and ((who)) has ((in his or her))
immediate possession of a valid driver’s license issued to ((him or her
in)) the driver by his or her home state; or ((is at least))
(b) Fifteen years of age with:
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(i) A valid instruction permit issued to ((him or her in)) the
driver by his or her home state((,)); and ((when accompanied by))
(ii) A licensed driver who has had at least five years of driving
experience ((and is)) occupying a seat beside the driver; or
(((3) A nonresident who is at least)) (c) Sixteen years of age and
((who)) has ((in his or her)) immediate possession of a valid driver’s
license issued to ((him or her in)) the driver by his or her home
country.
A nonresident driver may operate a motor vehicle in this
state under this subsection (2)(c) for ((a period not to exceed)) up to
one year;
(4) Any person operating special highway construction equipment as
defined in RCW 46.16.010;
(5) Any person while driving or operating any farm tractor or
implement of husbandry ((which)) that is only incidentally operated or
moved over a highway; or
(6) ((Any person while operating)) An operator of a locomotive upon
rails, including ((operation on)) a railroad crossing over a public
highway((; and such person)). A locomotive operator is not required to
display a driver’s license to any law enforcement officer in connection
with the operation of a locomotive or train within this state.
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Sec. 7. RCW 46.20.031 and 1995 c 219 s 1 are each amended to read
as follows:
The department shall not issue a driver’s license ((hereunder)) to
a person:
(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)) Whose driving privilege has been withheld unless and
until the department may authorize the driving privilege under RCW
46.20.311;
(3) ((To any person)) Who has been ((evaluated)) classified as an
alcoholic, drug addict, alcohol abuser, or drug abuser by a program
approved by the department of social and health services ((as being an
alcoholic, drug addict, alcohol abuser, and/or drug abuser: PROVIDED,
That)). The department may, however, issue a license ((may be issued))
if the ((department determines that such)) person:
(a) Has been granted a deferred prosecution((, pursuant to)) under
chapter 10.05 RCW((,)); or
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(b) Is satisfactorily participating in or has successfully
completed an alcohol or drug abuse treatment program approved by the
department of social and health services and has established control of
his or her alcohol ((and/or)) or drug abuse problem;
(4) ((To any person)) Who has previously been adjudged to be
mentally ill or insane, or to be incompetent due to ((any)) a mental
disability or disease((, and who has not at the time of application)).
The department shall, however, issue a license to the person if he or
she otherwise qualifies and:
(a) Has 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)); or
(b) The superior court ((should find him)) finds the person able to
operate a motor vehicle with safety upon the highways during such
incompetency;
(5) ((To any person who is)) Who has not passed the driver’s
licensing examination required by ((this chapter to take an
examination, unless such person shall have successfully passed such
examination)) RCW 46.20.120 and 46.20.305, if applicable;
(6) ((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;
(7) ((To any person when the department has good and substantial
evidence to reasonably conclude that such person by reason of)) Who is
unable to safely operate a motor vehicle upon the highways due to a
physical or mental disability ((would not be able to operate a motor
vehicle with safety upon the highways;)). The department’s conclusion
that a person is barred from licensing under this subsection must be
reasonable and be based upon good and substantial evidence.
This
determination is subject to review by a court of competent
jurisdiction;
(8) ((To a person when the department has been notified by a court
that the person)) Who has violated his or her written promise to
appear, respond, or comply regarding a notice of infraction issued for
((a)) abandonment of a vehicle in violation of RCW 46.55.105, unless:
(a) The court has not notified the department of the violation;
(b) The department has received notice from the court showing that
the person has been found not to have committed the violation of RCW
46.55.105((, or that)); or
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(c) The person has paid all monetary penalties owing, including
completion of community service, and ((that)) the court is satisfied
that the person has made restitution as provided by RCW 46.55.105(2).
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Sec. 8. RCW 46.20.035 and 1998 c 41 s 10 are each amended to read
as follows:
(((1))) The department may not issue an identicard or a Washington
state driver’s license((, except as provided in RCW 46.20.116,)) that
is valid for identification purposes unless the applicant ((has
satisfied the department regarding his or her identity.
Except as
provided in subsection (2) of this section, an applicant has not
satisfied the identity requirements of this section unless he or she
displays or provides)) meets the identification requirements of
subsection (1), (2), or (3) of this section.
(1) A driver’s license or identicard applicant must provide the
department with at least one of the following pieces of valid
identifying documentation that contains the signature and a photograph
of the applicant:
(a) A valid or recently expired driver’s license or instruction
permit that ((contains the signature,)) includes the date of birth((,
and a photograph)) of the applicant;
(b) A Washington state identicard or an identification card issued
by another state ((that contains the signature and a photograph of the
applicant));
(c) An identification card issued by the United States, a state, or
an agency of either the United States or a state, of a kind commonly
used to identify the members ((of)) or employees of the government
agency((, that contains the signature and a photograph of the
applicant));
(d) A military identification card ((that contains the signature
and a photograph of the applicant));
(e) A United States passport ((that contains the signature and a
photograph of the applicant)); or
(f) An Immigration and Naturalization Service form ((that contains
the signature and photograph of the applicant; or)).
(((g) If the)) (2) An applicant who is a minor((,)) may establish
identity by providing an affidavit of the applicant’s parent or
guardian ((where)). The parent or guardian must accompany the minor
and display((s)) or provide((s)):
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(a) At least one piece of ((identifying)) documentation ((as
specified in this)) in subsection ((along with)) (1) of this section
establishing the identity of the parent or guardian; and
(b) Additional documentation establishing the relationship between
the parent or guardian and the applicant.
(((2))) (3) A person unable to provide identifying documentation as
specified in subsection (1) or (2) of this section may request that the
department review other available documentation in order to ascertain
identity.
The department may waive the requirement ((for specific
identifying documentation under subsection (1) of this section)) if it
finds that other documentation clearly establishes the identity of the
applicant.
(((3))) (4) The form of an applicant’s name, as established under
this section, must be the person’s name of record for the purposes of
this chapter.
(5) If the applicant is unable to prove his or her identity under
this section, the department shall plainly label the license "not valid
for identification purposes."
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Sec. 9. RCW 46.20.041 and 1986 c 176 s 1 are each amended to read
as follows:
(1) ((The department shall permit any)) If the department has
reason to believe that a person is suffering from ((any)) a physical or
mental disability or disease ((which)) that may affect that person’s
ability to drive a motor vehicle, ((to)) the department must evaluate
whether the person is able to safely drive a motor vehicle. As part of
the evaluation:
(a) The department shall permit the person to demonstrate
personally that notwithstanding ((such)) the disability or disease he
or she is ((a proper person)) able to safely drive a motor vehicle.
(b) The department may ((in addition)) require ((such)) the person
to obtain a ((certificate showing his or her condition)) statement
signed by a licensed physician or other proper authority designated by
the department certifying the person’s condition.
(i) The certificate ((shall be)) is for the confidential use of the
director and the chief of the Washington state patrol and for ((such))
other ((cognizant)) public officials ((as may be)) designated by law.
It ((shall be)) is exempt from public inspection and copying
notwithstanding ((the provisions of)) chapter 42.17 RCW.
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(ii) The certificate may not be offered as evidence in any court
except when appeal is taken from the order of the director
((suspending, revoking, canceling, or refusing a vehicle driver’s
license)) canceling or withholding a person’s driving privilege.
However, the department may make the certificate ((may be made))
available to the director of the department of retirement systems for
use in determining eligibility for or continuance of disability
benefits and it may be offered and admitted as evidence in any
administrative proceeding or court action concerning ((such)) the
disability benefits.
(2) On the basis of the evaluation the department may:
(a) Issue or renew a driver’s license to the person without
restrictions;
(b) Cancel or withhold the driving privilege from the person; or
(c) Issue a restricted driver’s license to ((such a)) the person
((imposing restrictions)). The restrictions must be suitable to the
licensee’s driving ability ((with respect to)). The restrictions may
include:
(i) Special mechanical control devices ((required on a)) on the
motor vehicle ((or)) operated by the licensee;
(ii) Limitations on the type of motor vehicle ((which)) that the
licensee may operate; or ((such))
(iii) Other restrictions ((applicable to the licensee as the
department may)) determined by the department to be appropriate to
assure the licensee’s safe operation of a motor vehicle ((by the
licensee)).
(3) The department may either issue a special restricted license or
may set forth ((such)) the restrictions upon the usual license form.
(4) The department may suspend or revoke a restricted license upon
receiving satisfactory evidence of any violation of the restrictions
((of such license suspend or revoke the same but)). In that event the
licensee ((shall be)) is entitled to a driver improvement interview and
a hearing as ((upon a suspension or revocation under this chapter))
provided by RCW 46.20.322 or 46.20.328.
(5) ((It is a traffic infraction for any person to operate))
Operating a motor vehicle ((in any manner)) in violation of the
restrictions imposed in a restricted license ((issued to him or her))
is a traffic infraction.
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Sec. 10. RCW 46.20.045 and 1971 ex.s. c 292 s 43 are each amended
to read as follows:
((No)) A person who is under the age of eighteen years shall not
drive ((any)):
(1) A school bus transporting school children; or ((shall drive
any))
(2) A motor vehicle ((when in use for the transportation of))
transporting persons for compensation.
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Sec. 11. RCW 46.20.055 and 1990 c 250 s 34 are each amended to
read as follows:
(((1) Any person who is at least fifteen and a half years of age
may apply to the department for an instruction permit for the operation
of any motor vehicle except a motorcycle. Any person sixteen years of
age or older, holding a valid driver’s license, may apply for an
instruction permit for the operation of a motorcycle. The department
may in its discretion, after the applicant has successfully passed all
parts of the examination other than the driving test, issue to the
applicant a driver’s or motorcyclist’s instruction permit.
(a) A driver’s instruction permit entitles the permittee while
having the permit in immediate possession to drive a motor vehicle upon
the public highways for a period of one year when accompanied by a
licensed driver who has had at least five years of driving experience
and is occupying a seat beside the driver.
Except as provided in
subsection (c) of this subsection, only one additional permit, valid
for one year, may be issued.
(b) A motorcyclist’s instruction permit entitles the permittee
while having the permit in immediate possession to drive a motorcycle
upon the public highways for a period of ninety days as provided in RCW
46.20.510(3). Except as provided in subsection (c) of this subsection,
only one additional permit, valid for ninety days, may be issued.
(c) The department after investigation may issue a third driver’s
or motorcyclist’s instruction permit when it finds that the permittee
is diligently seeking to improve driving proficiency.
(2) The department may waive the examination, except as to eyesight
and other potential physical restrictions, for any applicant who is
enrolled in either a traffic safety education course as defined by RCW
28A.220.020(2) or a course of instruction offered by a licensed driver
training school as defined by RCW 46.82.280(1) at the time the
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application is being considered by the department. The department may
require proof of registration in such a course as it deems necessary.
(3) The department upon receiving proper application may in its
discretion issue a driver’s instruction permit to an applicant who is
at least fifteen years of age and is enrolled in a traffic safety
education program which includes practice driving and which is approved
and accredited by the superintendent of public instruction.
Such
instruction permit shall entitle the permittee having the permit in
immediate possession to drive a motor vehicle only when an approved
instructor or other licensed driver with at least five years of driving
experience, is occupying a seat beside the permittee.
(4) The department may in its discretion issue a temporary driver’s
permit to an applicant for a driver’s license permitting the applicant
to drive a motor vehicle for a period not to exceed sixty days while
the department is completing its investigation and determination of all
facts relative to such applicant’s right to receive a driver’s license.
Such permit must be in the permittee’s immediate possession while
driving a motor vehicle, and it shall be invalid when the permittee’s
license has been issued or for good cause has been refused.))
(1) Driver’s instruction permit.
(a) A person who is at least
fifteen and one-half years of age may apply to the department for a
driver’s instruction permit.
The department may issue a driver’s
instruction permit after the applicant has successfully passed all
parts of the examination other than the driving test, provided the
information required by RCW 46.20.091, and paid a five-dollar fee.
(b) The department may issue a driver’s instruction permit to an
applicant who is at least fifteen years of age if he or she:
(i) Has submitted a proper application; and
(ii) Is enrolled in a traffic safety education program approved and
accredited by the superintendent of public instruction that includes
practice driving.
(2) Waiver of written examination for instruction permit.
The
department may waive the written examination, if, at the time of
application, an applicant is enrolled in:
(a) A traffic safety education course as defined by RCW
28A.220.020(2); or
(b) A course of instruction offered by a licensed driver training
school as defined by RCW 46.82.280(1).
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The department may require proof of registration in such a course
as it deems necessary.
(3) Effect of instruction permit.
A person holding a driver’s
instruction permit may drive a motor vehicle, other than a motorcycle,
upon the public highways if:
(a) The person has immediate possession of the permit; and
(b) The seat beside the driver is occupied by an approved
instructor, or a licensed driver with at least five years of driving
experience.
(4) Term of instruction permit. A driver’s instruction permit is
valid for one year from the date of issue.
(a) The department may issue one additional one-year permit.
(b) The department may issue a third driver’s permit if it finds
after an investigation that the permittee is diligently seeking to
improve driving proficiency.
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NEW SECTION. Sec. 12. A new section is added to chapter 46.20 RCW
to read as follows:
(1) If the department is completing an investigation and
determination of facts concerning an applicant’s right to receive a
driver’s license, it may issue a temporary driver’s permit to the
applicant.
(2) A temporary driver’s permit authorizes the permittee to drive
a motor vehicle for up to sixty days.
The permittee must have
immediate possession of the permit while driving a motor vehicle.
(3) A temporary driver’s permit is invalid if the department has
issued a license to the permittee or refused to issue a license to the
permittee for good cause.
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Sec. 13. RCW 46.20.070 and 1997 c 82 s 1 are each amended to read
as follows:
((Upon receiving a written application on a form provided by the
director for permission for a person under the age of eighteen years to
operate a motor vehicle over and upon the public highways of this state
in connection with farm work, the director may issue a limited driving
permit containing a photograph to be known as a juvenile agricultural
driving permit, such issuance to be governed by the following
procedure:
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(1) The application must be signed by the applicant and by the
applicant’s father, mother, or legal guardian.
(2) Upon receipt of the application, the director shall cause an
examination of the applicant to be made as by law provided for the
issuance of a motor vehicle driver’s license.
(3) The director shall cause an investigation to be made of the
need for the issuance of such operation by the applicant. The permit
also authorizes the holder to participate in the classroom portion of
any traffic safety education course authorized under RCW 28A.220.030
that is offered in the community in which the holder is a resident.
Such permit authorizes the holder to operate a motor vehicle over
and upon the public highways of this state within a restricted farming
locality which shall be described upon the face thereof.
A permit issued under this section shall expire one year from date
of issue, except that upon reaching the age of eighteen years such
person holding a juvenile agricultural driving permit shall be required
to make application for a motor vehicle driver’s license.
The director shall charge a fee of three dollars for each such
permit and renewal thereof to be paid as by law provided for the
payment of motor vehicle driver’s licenses and deposited to the credit
of the highway safety fund.
The director may transfer this permit from one farming locality to
another, but this does not constitute a renewal of the permit.
The director may deny the issuance of a juvenile agricultural
driving permit to any person whom the director determines to be
incapable of operating a motor vehicle with safety to himself or
herself and to persons and property.
The director may suspend, revoke, or cancel the juvenile
agricultural driving permit of any person when in the director’s sound
discretion the director has cause to believe such person has committed
any offense for which mandatory suspension or revocation of a motor
vehicle driver’s license is provided by law.
The director may suspend, cancel, or revoke a juvenile agricultural
driving permit when in the director’s sound discretion the director is
satisfied the restricted character of the permit has been violated.))
(1) Agricultural driving permit authorized. The director may issue
a juvenile agricultural driving permit to a person under the age of
eighteen years if:
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(a) The application is signed by the applicant and the applicant’s
father, mother, or legal guardian;
(b) The applicant has passed the driving examination required by
RCW 46.20.120;
(c) The department has investigated the applicant’s need for the
permit and determined that the need justifies issuance;
(d) The department has determined the applicant is capable of
operating a motor vehicle without endangering himself or herself or
other persons and property; and
(e) The applicant has paid a fee of three dollars.
The permit must contain a photograph of the person.
(2) Effect of agricultural driving permit.
(a) The permit
authorizes the holder to:
(i) Drive a motor vehicle on the public highways of this state in
connection with farm work.
The holder may drive only within a
restricted farming locality described on the permit; and
(ii) Participate in the classroom portion of a traffic safety
education course authorized under RCW 28A.220.030 offered in the
community where the holder resides.
(b) The director may transfer the permit from one farming locality
to another. A transfer is not a renewal of the permit.
(3) Term and renewal of agricultural driving permit.
An
agricultural driving permit expires one year from the date of issue.
(a) A person under the age of eighteen who holds a permit may renew
the permit by paying a three-dollar fee.
(b) An agricultural driving permit is invalidated when a permittee
attains age eighteen. In order to drive a motor vehicle on a highway
he or she must obtain a motor vehicle driver’s license under this
chapter.
(4) Suspension, revocation, or cancellation. The director has sole
discretion to suspend, revoke, or cancel a juvenile agricultural
driving permit if:
(a) The permittee has been found to have committed an offense that
requires mandatory suspension or revocation of a driver’s license; or
(b) The director is satisfied that the permittee has violated the
permit’s restrictions.
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Sec. 14.
as follows:
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(((1) Every application for an instruction permit or for an
original driver’s license shall be made upon a form prescribed and
furnished by the department which shall be sworn to and signed by the
applicant before a person authorized to administer oaths. An applicant
making a false statement under this subsection is guilty of false
swearing, a gross misdemeanor, under RCW 9A.72.040. Every application
for an instruction permit containing a photograph shall be accompanied
by a fee of five dollars. The department shall forthwith transmit the
fees collected for instruction permits and temporary drivers’ permits
to the state treasurer.
(2) Every such application shall state the name of record, date of
birth, sex, and Washington residence address of the applicant, and
briefly describe the applicant, and shall state whether the applicant
has theretofore been licensed as a driver or chauffeur, and, if so,
when and by what state or country, and whether any such license has
ever been suspended or revoked, or whether an application has ever been
refused, and, if so, the date of and reason for such suspension,
revocation, or refusal, and shall state such additional information as
the department shall require, including a statement that identifying
documentation presented by the applicant is valid.
(3) Whenever application is received from)) (1) Application. In
order to apply for a driver’s license or instruction permit the
applicant must provide his or her:
(a) Name of record, as established by documentation required under
RCW 46.20.035;
(b) Date of birth, as established by satisfactory evidence of age;
(c) Sex;
(d) Washington residence address;
(e) Description;
(f) Driving licensing history, including:
(i) Whether the applicant has ever been licensed as a driver or
chauffeur and, if so, (A) when and by what state or country; (B)
whether the license has ever been suspended or revoked; and (C) the
date of and reason for the suspension or revocation; or
(ii) Whether the applicant’s application to another state or
country for a driver’s license has ever been refused and, if so, the
date of and reason for the refusal; and
(g) Any additional information required by the department.
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(2) Sworn statement. An application for an instruction permit or
for an original driver’s license must be made upon a form provided by
the department. The identifying documentation verifying the name of
record must be accompanied by the applicant’s written statement that it
is valid. The information provided on the form must be sworn to and
signed by the applicant before a person authorized to administer oaths.
An applicant who makes a false statement on an application for a
driver’s license or instruction permit is guilty of false swearing, a
gross misdemeanor, under RCW 9A.72.040.
(3) Driving records from other jurisdictions.
If a person
previously licensed in another jurisdiction applies for a Washington
driver’s license, the department shall request a copy of ((such)) the
applicant’s driver’s record from ((such)) the other jurisdiction.
((When received,)) The driving record ((shall)) from the other
jurisdiction becomes a part of the driver’s record in this state.
(4) ((Whenever the department receives request for a driving record
from)) Driving records to other jurisdictions.
If another
((licensing)) jurisdiction requests a copy of a person’s Washington
driver’s record, the department shall provide a copy of the record.
The department shall forward the record ((shall be forwarded)) without
charge if the other ((licensing)) jurisdiction extends the same
privilege to the state of Washington.
Otherwise ((there)) the
department shall ((be a reasonable)) charge a reasonable fee for
transmittal of the record((, the amount to be fixed by the director of
the department)).
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Sec. 15. RCW 46.20.095 and 1998 c 165 s 5 are each amended to read
as follows:
The department’s ((shall)) instructional publications for drivers
must include information on:
(1) The proper use of the left-hand lane by motor vehicles on
multilane highways; and ((on))
(2) Bicyclists’ and pedestrians’ rights and responsibilities ((in
its instructional publications for drivers)).
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Sec. 16. RCW 46.20.100 and 1990 c 250 s 36 are each amended to
read as follows:
(1) Application. The ((department of licensing shall not consider
an)) application of ((any minor)) a person under the age of eighteen
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years for a driver’s license or ((the issuance of)) a motorcycle
endorsement ((for a particular category unless:
(1) The application is also)) must be signed by a parent or
guardian ((having the)) with custody of ((such)) the minor((, or in the
event a)).
If the minor under the age of eighteen has no father,
mother, or guardian, then ((a driver’s license shall not be issued to
the minor unless his or her)) the application ((is also)) must be
signed by the minor’s employer((; and)).
(2) Traffic safety education requirement.
((The applicant has
satisfactorily completed a)) For a person under the age of eighteen
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 traffic safety
education course as defined in RCW 28A.220.020((, conducted by a
recognized secondary school, that meets)). The course must meet the
standards established by the office of the state superintendent of
public instruction ((or the applicant has satisfactorily completed a
traffic safety education course, conducted by a commercial driving
instruction enterprise, that meets the standards established)). The
traffic safety education course may be provided by:
(i) A recognized secondary school; or
(ii) A commercial driving enterprise that is annually approved by
the office of the superintendent of public instruction ((and is
officially approved by that office on an annual basis:
PROVIDED,
HOWEVER, That the director may upon a showing that an applicant was
unable to take or complete a driver education course waive that
requirement if the applicant shows to the satisfaction of the
department that a need exists for the applicant to operate a motor
vehicle and 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,
under rules to be promulgated by the department in concert with the
supervisor of the traffic safety education section, office of the
superintendent of public instruction. For a person under the age of
eighteen years to obtain)).
(b) To meet the traffic safety education requirement for a
motorcycle endorsement, ((he or she)) the applicant must successfully
complete a motorcycle safety education course that meets the standards
established by the department of licensing.
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(c) The department may waive the traffic safety education
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 traffic safety
education course;
(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, under
rules adopted by the department 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 ((any)) the traffic safety education
requirement ((under this subsection for an)) if the applicant
((previously)) was licensed to drive a motor vehicle or motorcycle
outside this state ((if the applicant)) and provides proof
((satisfactory to the department)) that he or she has had education
equivalent to that required under this subsection.
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Sec. 17. RCW 46.20.114 and 1977 ex.s. c 27 s 2 are each amended to
read as follows:
((On and after January 1, 1978,)) The department shall ((implement
and use such process or processes in the preparation and issuance of))
prepare and issue drivers’ licenses and identicards using processes
that prohibit as nearly as possible the alteration or reproduction of
such cards, or the superimposing of other photographs on such cards,
without ready detection.
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Sec. 18. RCW 46.20.117 and 1993 c 452 s 3 are each amended to read
as follows:
(1) Issuance.
The department shall issue (("identicards,")) a
resident of the state of Washington an identicard, containing a
picture, ((to nondrivers for a fee of four dollars. However, the fee
shall be the actual cost of production to recipients of continuing
public assistance grants under Title 74 RCW who are referred in writing
to the department by the secretary of social and health services. The
fee shall be deposited in the highway safety fund. To be eligible,
each applicant shall produce evidence as required in RCW 46.20.035 that
positively proves identity. The "identicard" shall)) if he or she:
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(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.
The fee is four dollars 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) Design and term. The identicard must:
(a) Be distinctly designed so that it will not be confused with the
official driver’s license((. The identicard shall)); and
(b) Expire on the fifth anniversary of the applicant’s birthdate
after issuance.
(((2))) (3) Cancellation.
The department may cancel an
(("))identicard((" upon a showing by its records or other evidence
that)) if the holder of ((such ")) the identicard((" has committed a
violation relating to "identicards" defined)) used the card or allowed
others to use the card in violation of RCW 46.20.336.
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Sec. 19. RCW 46.20.120 and 1990 c 9 s 1 are each amended to read
as follows:
((No new driver’s license may be issued and no previously issued
license may be renewed until the applicant therefor has successfully
passed)) An applicant for a new or renewed driver’s license must
successfully pass a driver licensing examination to qualify for a
driver’s license. The department shall give examinations at places and
times reasonably available to the people of this state. ((However,))
(1) Waiver. The department may waive:
(a) All or any part of the examination of any person applying for
the renewal of a driver’s license ((except when)) unless the department
determines that ((an)) the applicant ((for a driver’s license)) is not
qualified to hold a driver’s license under this title((.
The
department may also waive)); or
(b) The actual demonstration of the ability to operate a motor
vehicle ((by a person who)) if the applicant:
(i) Surrenders a valid driver’s license issued by the person’s
previous home state; and ((who))
(ii) Is otherwise qualified to be licensed. ((For a new license))
(2) Fee. Each applicant for a new license must pay an examination
((a)) fee of seven dollars ((shall be paid by each applicant,)).
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(a) The examination fee is in addition to the fee charged for
issuance of the license.
(((A))) (b) "New license ((is one))" means a license issued to a
driver:
(i) Who has not been previously licensed in this state; or ((to a
driver))
(ii) Whose last previous Washington license has been expired for
more than four years.
((Any person renewing his or her driver’s license more than sixty
days after the license has expired shall pay a penalty fee of ten
dollars in addition to the renewal fee under RCW 46.20.181.
The
penalty fee shall be deposited in the highway safety fund.
Any person who is outside the state at the time his or her driver’s
license expires or who is unable to renew the license due to any
incapacity may renew the license within sixty days after returning to
this state or within sixty days after the termination of any such
incapacity without the payment of the penalty fee.
The department shall provide for giving examinations at places and
times reasonably available to the people of this state.))
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Sec. 20. RCW 46.20.130 and 1990 c 250 s 39 are each amended to
read as follows:
(1) The director shall prescribe the content of the driver
licensing examination and the manner of conducting the examination,
which shall include but is not limited to:
(((1))) (a) A test of the applicant’s eyesight and ability to see,
understand, and follow highway signs regulating, warning, and directing
traffic;
(((2))) (b) A test of the applicant’s knowledge of traffic laws and
ability to understand and follow the directives of lawful authority,
orally or graphically, that regulate, warn, and direct traffic in
accordance with the traffic laws of this state;
(((3))) (c) An actual demonstration of the applicant’s ability to
operate a motor vehicle ((in such a manner as not to jeopardize))
without jeopardizing the safety of persons or property; and
(((4))) (d) Such further examination as the director deems
necessary:
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(((a))) (i) To determine whether any facts exist ((which)) that
would bar the issuance of a vehicle operator’s license under chapters
46.20, 46.21, and 46.29 RCW((,)); and
(((b))) (ii) To determine the applicant’s fitness to operate a
motor vehicle safely on the highways((; and)).
(((5) In addition to the foregoing, when)) (2) If the applicant
desires to drive a motorcycle((, as defined in RCW 46.04.330,)) or a
motor-driven cycle((, as defined in RCW 46.04.332, the applicant shall
also demonstrate the ability to operate such motorcycle or motor-driven
cycle in such a manner as not to jeopardize the safety of persons or
property)) he or she must qualify for a motorcycle endorsement under
RCW 46.20.500 through 46.20.515.
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Sec. 21. RCW 46.20.157 and 1993 c 408 s 12 are each amended to
read as follows:
(1) Except as provided in subsection (2) of this section, the
department shall annually provide to the department of information
services ((at no charge a computer tape or)) an electronic data file
((of)). The data file must:
(a) Contain information on all licensed drivers and identicard
holders who are eighteen years of age or older and whose records have
not expired for more than two years ((and which shall));
(b) Be provided at no charge; and
(c) Contain the following information on each such person: Full
name, date of birth, residence address including county, sex, and most
recent date of application, renewal, replacement, or change of driver’s
license or identicard.
(2) Before complying with subsection (1) of this section, the
department shall remove from the ((tape or)) file the names of any
certified participants in the Washington state address confidentiality
program under chapter 40.24 RCW that have been identified to the
department by the secretary of state.
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Sec. 22. RCW 46.20.161 and 1998 c 41 s 12 are each amended to read
as follows:
The department, upon receipt of a fee of fourteen dollars, which
includes the fee for the required photograph, shall issue to every
qualifying applicant ((qualifying therefor)) a driver’s license((,
which)).
The license ((shall bear thereon)) must include a
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distinguishing number assigned to the licensee, the name of record,
date of birth, Washington residence address, photograph, ((and)) a
brief description of the licensee, and either a facsimile of the
signature of the licensee or a space upon which the licensee shall
write his or her usual signature with pen and ink immediately upon
receipt of the license.
No license is valid until it has been so
signed by the licensee.
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Sec. 23. RCW 46.20.181 and 1990 c 250 s 41 are each amended to
read as follows:
(1) Every driver’s license expires on the fourth anniversary of the
licensee’s birthdate following the issuance of the license. ((Every
such license is renewable))
(2) A person may renew his or her license on or before ((its)) the
expiration ((upon)) date by submitting an application as prescribed by
the department and ((the payment of)) paying a fee of fourteen dollars.
This fee includes the fee for the required photograph.
(3) A person renewing his or her driver’s license more than sixty
days after the license has expired shall pay a penalty fee of ten
dollars in addition to the renewal fee, unless his or her license
expired when:
(a) The person was outside the state and he or she renews the
license within sixty days after returning to this state; or
(b) The person was incapacitated and he or she renews the license
within sixty days after the termination of the incapacity.
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Sec. 24. RCW 46.20.205 and 1998 c 41 s 13 are each amended to read
as follows:
(1) Whenever any person after applying for or receiving a driver’s
license or identicard moves from the address named in the application
or in the license or identicard issued to him or her ((or when the name
of record of a licensee or holder of an identicard is changed by
marriage or otherwise)), the person shall within ten days thereafter
notify the department of the address change. The notification must be
in writing on a form provided by the department ((of his or her old and
new addresses or of such former and new names and of)) and must include
the number of ((any)) the person’s driver’s license ((then held by him
or her)). The written notification, or other means as designated by
rule of the department, is the exclusive means by which the address of
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record maintained by the department concerning the licensee or
identicard holder may be changed.
(a) The form must contain a place for the person to indicate that
the address change is not for voting purposes.
The department of
licensing shall notify the secretary of state by the means described in
RCW 29.07.270(3) of all change of address information received by means
of this form except information on persons indicating that the change
is not for voting purposes.
(b) Any notice regarding the cancellation, suspension, revocation,
disqualification, probation, or nonrenewal of the driver’s license,
commercial driver’s license, driving privilege, or identicard mailed to
the address of record of the licensee or identicard holder is effective
notwithstanding the licensee’s or identicard holder’s failure to
receive the notice.
(2) When a licensee or holder of an identicard changes his or her
name of record, the person shall notify the department of the name
change. The person must make the notification within ten days of the
date that the name change is effective. The notification must be in
writing on a form provided by the department and must include the
number of the person’s driver’s license. The department of licensing
shall not change the name of record of a person under this section
unless the person has again satisfied the department regarding his or
her identity in the manner provided by RCW 46.20.035.
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Sec. 25. RCW 46.20.510 and 1989 c 337 s 9 are each amended to read
as follows:
(1) Categories. There ((shall be)) are three categories for the
special motorcycle endorsement of a driver’s license. Category one
((shall be)) is for motorcycles or motor-driven cycles having an engine
displacement of one hundred fifty cubic centimeters or less. Category
two ((shall be)) is for motorcycles having an engine displacement of
five hundred cubic centimeters or less.
Category three ((shall))
includes categories one and two, and ((shall be)) is for motorcycles
having an engine displacement of five hundred one cubic centimeters or
more.
(2) ((The department may issue a motorcyclist’s instruction permit
to an individual)) Motorcycle instruction permit. A person holding a
valid driver’s license who wishes to learn to ride a motorcycle or
obtain an endorsement of a larger ((endorsement)) category ((for a
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period not to exceed ninety days.
This motorcyclist’s instruction
permit may be renewed for an additional ninety days)) may apply for a
motorcycle instruction permit. The department may issue a motorcycle
instruction permit after the applicant has successfully passed all
parts of the motorcycle examination other than the driving test. The
director shall collect a two dollar and fifty cent fee for the
((motorcyclist’s)) motorcycle instruction permit or renewal, and
deposit the fee ((shall be deposited)) in the motorcycle safety
education account of the highway safety fund. ((This permit))
(3) Effect of motorcycle instruction permit. A person holding a
motorcycle instruction permit may drive a motorcycle upon the public
highways if the person has immediate possession of the permit and a
valid driver’s license with current endorsement, if any((, shall be
carried when operating a motorcycle)).
An individual with a
motorcyclist’s instruction permit may not carry passengers, may not
operate a motorcycle during the hours of darkness or on a fullycontrolled, limited-access facility, and shall be under the direct
visual supervision of a person with a motorcycle endorsement of the
appropriate category and at least five years’ riding experience.
(4) Term of motorcycle instruction permit.
A motorcycle
instruction permit is valid for ninety days from the date of issue.
(a) The department may issue one additional ninety-day permit.
(b) The department may issue a third motorcycle instruction permit
if it finds after an investigation that the permittee is diligently
seeking to improve driving proficiency.
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Sec. 26.
RCW 46.64.070 and 1973 2nd ex.s. c 22 s 1 are each
amended to read as follows:
To carry out the purpose of RCW 46.64.060 and 46.64.070, officers
of the Washington state patrol are hereby empowered during daylight
hours and while using plainly marked state patrol vehicles to require
the driver of any motor vehicle being operated on any highway of this
state to stop and display his or her driver’s license and/or to submit
the motor vehicle being driven by such person to an inspection and test
to ascertain whether such vehicle complies with the minimum equipment
requirements prescribed by chapter 46.37 RCW, as now or hereafter
amended. No criminal citation shall be issued for a period of ten days
after giving a warning ticket pointing out the defect.
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The powers conferred by RCW 46.64.060 and 46.64.070 are in addition
to all other powers conferred by law upon such officers, including but
not limited to powers conferred upon them as police officers pursuant
to RCW 46.20.430 (as recodified by this act) and powers conferred by
chapter 46.32 RCW.
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NEW SECTION. Sec. 27. (1) The following subchapter headings are
added to chapter 46.20 RCW.
(a) RCW 46.20.005 through 46.20.070 are included under the
subchapter heading "Driver’s license and permit requirements";
(b) RCW 46.20.091 through 46.20.205 are included under the
subchapter heading "Obtaining or renewing a driver’s license";
(c) RCW 46.20.207 through 46.20.320 are included under the
subchapter heading "Withholding the driving privilege";
(d) RCW 46.20.322 through 46.20.335 are included under the
subchapter heading "Driver improvement";
(e) RCW 46.20.338 through 46.20.355 are included under the
subchapter heading "Driving or using license while suspended or
revoked";
(f) RCW 46.20.380 through 46.20.410 are included under the
subchapter heading "Occupational driver’s license";
(g)
RCW 46.20.500 through 46.20.520 are included under the
subchapter heading "Motorcycles";
(h) RCW 46.20.710 through 46.20.750 are included under the
subchapter heading "Alcohol detection devices";
(i) RCW 46.20.900 through 46.20.911 are included under the
subchapter heading "Miscellaneous."
(2) The range of numbers included in each subchapter delineated in
this section may be expanded as deemed necessary by the code reviser in
order to include recodified or newly codified sections within a
particular subchapter.
(3) Subchapter headings in this title are not part of the law.
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NEW SECTION.
Sec. 28.
(1) RCW 46.20.190 is recodified as RCW
46.20.017.
(2) RCW 46.20.336 and 46.20.550 are recodified as part of the
subchapter of chapter 46.20 RCW labeled "Obtaining or renewing a
driver’s license."
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(3) RCW 46.20.343 and 46.20.470 are recodified as part of the
subchapter of chapter 46.20 RCW labeled "Driver’s license and permit
requirements."
(4) RCW 46.20.414 is recodified as part of the subchapter of
chapter 46.20 RCW labeled "Withholding the driving privilege."
(5) RCW 46.20.430 is recodified as part of the subchapter of
chapter 46.20 RCW labeled "Driving or using license while suspended or
revoked."
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NEW SECTION. Sec. 29. The following acts or parts of acts are
each repealed:
(1) RCW 46.20.106 (Evidence of applicant’s age) and 1965 ex.s. c
121 s 14 & 1961 c 12 s 46.20.106; and
(2) RCW 46.20.116 (Labeling license "not valid for identification
purposes") and 1993 c 452 s 2 & 1969 ex.s. c 155 s 3.
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SHB 1294
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