Z-1235               _______________________________________________

                                                   HOUSE BILL NO. 1427

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Representatives Walk, Schmidt, Gallagher, Patrick and P. King; by request of Department of Licensing

Read first time 1/14/86 and referred to Committee on Transportation.

AN ACT Relating to confidential driver's licenses; and adding a new section to chapter 46.20 RCW.

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

NEW SECTION. Sec. 1.  A new section is added to chapter 46.20 RCW to read as follows:

          (1) The department may issue a fictitious document, simulating a driver's license, referred to in this section as a "confidential driver's license," with a fictitious name, address, and other fictitious information to federal, state, and local agencies having authority to enforce federal, state, or local criminal laws.  Use of confidential driver's licenses by those agencies, and by their employees or agents, is limited to confidential investigative or other undercover work of those agencies in connection with the enforcement of criminal laws.

          The department may create, maintain, and delete such fictitious records as it deems necessary to support the apparent authenticity of the confidential driver's licenses issued under this section.  The records shall be for the confidential use of the department and, as to records created relating to a particular confidential driver's license, the agency to which the license has been issued.  The department may make such fictitious records available to the same persons and under the same circumstances as authentic driver records are available, but in such form and in such manner as the department determines is most likely to support the authenticity of the fictitious records.

          (2) The department may deny the application of any agency for a confidential driver's license (a) when it deems the use for which the license is sought does not meet the requirements of this section; (b) when the agency making application has used, or permitted the use of, a confidential driver's license for purposes other than those set out in this section; (c) when the issuance of the confidential driver's license would not be in the public interest; or (d) for any other reason that the department provides by rule.  It is not the purpose of this section to create a right in an agency for the use of a confidential driver's license.  The decision of the department as to whether or not to issue a confidential driver's license may be made without opportunity for a hearing, and the decision is final.

          No confidential driver's license may be issued for a period exceeding one year without reissuance of the license.  A confidential driver's license shall be immediately surrendered and returned to the department by the agency to which it has been issued upon the expiration date shown upon the face of the confidential driver's license, upon separation from the agency of the employee or agent for whom the confidential driver's license has been issued, or upon the request of the department.

          (3) The department may adopt rules governing applications for, and the use of, confidential drivers' licenses by eligible agencies or their employees or agents and may adopt any other rules necessary for the administration of this section.

          (4) The department may charge a fee for the issuance of a confidential driver's license and creation of the fictitious records authorized under this section, not to exceed two dollars for each confidential driver's license.  Proceeds from these fees shall be deposited in the highway safety fund to be used by the department to help defray its costs for activities authorized by this section.

          (5) Applications made by agencies, confidential driver's licenses issued, and records created under this section shall not be public records or subject to public inspection and copying under chapter 42.17 RCW, chapter 40.14 RCW, or any similar law, and shall not be required to be maintained by the department for any specific period of time.

          (6) No suit or action may be commenced or prosecuted against the director, the department, any of the department's employees, or the state of Washington by reason of any act done, or omitted to be done, in the administration of the authority or activities permitted to the department under this section.