WSR 10-11-124

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed May 19, 2010, 10:15 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-07-157.

Title of Rule and Other Identifying Information: Renewal of driver's license or identicard by electronic commerce -- Eligibility.

Hearing Location(s): Highways-Licenses Building, Conference Room 413, 1125 Washington Street S.E., Olympia, WA (check in at counter on first floor), on June 22, 2010, at 3:00 p.m.

Date of Intended Adoption: June 23, 2010.

Submit Written Comments to: Clark J. Holloway, P.O. Box 9030, Olympia, WA 98507-9030, e-mail cholloway@dol.wa.gov, fax (360) 586-8351, by June 21, 2010.

Assistance for Persons with Disabilities: Contact Clark J. Holloway by June 21, 2010, TTY (360) 664-0116.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amends WAC 308-104-019 to remove the requirement for notice of eligibility for renewal of driver's license or identicard by electronic commerce and to change eligibility requirements for applicants to renew driver's licenses by electronic commerce. Eligibility for renewal of driver's license by electronic commerce is amended to raise the maximum age for renewal by electronic commerce from age sixty-five to age seventy.

Reasons Supporting Proposal: RCW 46.20.117 (3)(b), 46.20.120 (3)(b) and (4)(b) permit applicants for driver's license renewal to renew by mail or electronic commerce "if permitted by rule of the department." The proposed amendment to WAC 308-104-019 updates the eligibility requirements to renew by electronic commerce as a result of an internal review.

Statutory Authority for Adoption: RCW 46.01.110, 46.20.117, and 46.20.120.

Statute Being Implemented: RCW 46.20.117 and 46.20.120.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: Department of licensing, governmental.

Name of Agency Personnel Responsible for Drafting: Clark J. Holloway, Highways-Licenses Building, Olympia, Washington, (360) 902-3846; Implementation and Enforcement: Doron Maniece, Highways-Licenses Building, Olympia, Washington, (360) 902-3850.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required pursuant to RCW 19.85.025(3).

A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to this proposed rule under the provisions of RCW 34.05.328 (5)(a)(i).

May 19, 2010

Walt Fahrer

Rules Coordinator


AMENDATORY SECTION(Amending WSR 09-16-012, filed 7/23/09)

WAC 308-104-019   Renewal of driver's license or identicard by electronic commerce--Eligibility.   An applicant for a driver's license renewal or identicard renewal may apply by electronic commerce if ((he or she has received an authorization notice from the department)) permitted under this section.

(1) ((The department may send an authorization notice to)) A person whose valid driver's license is about to expire may be allowed to renew by electronic commerce if the person:

(a) Is eligible to renew his or her driver's license by electronic commerce under the provisions of RCW 46.20.120 (3)(b) or (4)(b);

(b) Has previously been issued a digital driver's license;

(c) Is at least twenty-four and not more than ((sixty-five)) seventy years of age;

(d) Has a valid Social Security number on file with the department;

(e) Has a valid mailing address on his or her driving record as maintained by the department;

(f) Does not have a commercial driver's license, enhanced driver's license or identicard, instruction permit, or agricultural permit;

(g) Has not paid a fee owed to the department with a check that has been dishonored;

(h) Has not failed to appear, respond, or comply with the terms of or in response to a traffic citation or notice of traffic infraction; and

(i) Does not have any actions pending against his or her driver's license or driving privileges.

(2) A person applying for driver's license renewal by electronic commerce must:

(a) Certify that he or she has had no mental or physical condition or is not taking any medication which could impair his or her ability to operate a motor vehicle safely;

(b) Make the necessary certification under WAC 308-104-010(2); and

(c) Complete the required application and pay all applicable fees.

(3) ((The department may send an authorization notice to)) A person whose valid identicard is about to expire may renew by electronic commerce if the person:

(a) Is eligible to renew his or her identicard by electronic commerce under the provisions of RCW 46.20.117 (3)(b);

(b) Is at least twenty-four years of age; and

(c) Has previously been issued a digital identicard.

(4) A person applying for identicard renewal by electronic commerce must complete the required application and pay all applicable fees.

(5) The department may specify the means and establish procedures by which a person may make an application under this section.

[Statutory Authority: RCW 46.61.110, 46.20.041, 46.20.091, 46.20.120, and 46.20.130. 09-16-012, 308-104-019, filed 7/23/09, effective 8/23/09. Statutory Authority: RCW 46.01.110 and 46.20.202. 07-22-031, 308-104-019, filed 10/29/07, effective 11/29/07. Statutory Authority: RCW 46.01.110. 04-20-012, 308-104-019, filed 9/24/04, effective 10/25/04.]

Washington State Code Reviser's Office