WSR 10-23-009

EMERGENCY RULES

DEPARTMENT OF LICENSING


[ Filed November 4, 2010, 1:11 p.m. , effective November 4, 2010, 1:11 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend WAC 308-104-014 to require that applicants for driver's licenses who do not have a Social Security number must sign an affidavit that they do not have a Social Security number, and to require that an applicant for a new driver's license who submits such an affidavit must submit additional documentation establishing the applicant's Washington residence address.

Citation of Existing Rules Affected by this Order: Amending WAC 308-104-014.

Statutory Authority for Adoption: RCW 46.01.110, 46.20.091, 46.20.119.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: There has been a dramatic increase in the number of individuals obtaining Washington state driver's licenses with no Social Security number coming from states that have historically had very stable immigration rates, strongly suggesting that Washington has become a state of opportunity in which individuals from other states come here to obtain a Washington driver's license and falsely use a Washington residence address and then return to their home states. The legislature has expressly held that fraudulent driver's licenses are a serious social problem creating economic hardship and problems which impede the efficient conduct of commerce and government. This emergency rule is necessary to assist the department in reducing this sudden increase in apparently fraudulent license applications. The proposal for a permanent rule, with an opportunity for comment, is forthcoming.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: November 4, 2010.

Walt Fahrer

Rules Coordinator



AMENDATORY SECTION [(Amending WSR 09-16-012, filed 7/23/09)]WAC 308-104-014   Application for driver's license or identicard.   A person applying for an original driver's license, instruction permit, or identification card must provide the following information:

(1) The person's full name, current mailing and residential address, and telephone number;

(2) The person's physical description, including sex, height, weight, and eye color;

(3) The person's date and place of birth;

(4)(a) The person's Social Security number, if the Social Security number is required by state or federal law. If the person's Social Security number is not required by state or federal law, the person may voluntarily provide his or her Social Security number in order to assist the department in verifying identity;

(b) If the Social Security number is required by state or federal law and the person has not been issued a Social Security number, the person must submit a sworn affidavit, under penalty of perjury, stating that he or she does not have a Social Security number. The department may require that a person who is applying for a new license and who has signed an affidavit under this subsection provide additional documentation satisfactory to the department establishing the person's Washington residence address;

(5) The person's mother's maiden name and whether the person is one of multiple siblings born at the same time;

(6) If the application is for a driver's license or instruction permit, whether the person has been previously licensed, where such license was issued, and under what name;

(7) If the application is for a driver's license or instruction permit, whether the person has ever had his or her driver's license or driving privilege suspended, revoked, cancelled, disqualified, withheld, or denied, and if so, where and when such driving sanction was imposed and the reason for such action;

(8) If the application is for a driver's license or instruction permit, whether the person has had a mental or physical condition or is taking any medication which could impair his or her ability to operate a motor vehicle;

(9) If the application is for a driver's license and the person is under the age of eighteen, a declaration by the person's parent, guardian, or employer that he or she has read and understands the intermediate license restrictions, and a declaration by the person that he or she has read and understands the intermediate license restrictions;

(10) The person's signature and, if the application is for a driver's license or instruction permit and the person is under the age of eighteen, the signature of the person's custodial parent or legal guardian; and

(11) Any supplementary documentation as may be necessary to verify any of the information required by this section.

[Statutory Authority: RCW 46.61.110, 46.20.041, 46.20.091, 46.20.120, and 46.20.130. 09-16-012, 308-104-014, filed 7/23/09, effective 8/23/09. Statutory Authority: RCW 46.20.091 (1)(g) and 46.01.110. 05-15-064, 308-104-014, filed 7/12/05, effective 8/12/05. Statutory Authority: RCW 46.01.110. 00-18-070, 308-104-014, filed 9/1/00, effective 10/2/00; 91-01-063, 308-104-014, filed 12/14/90, effective 1/14/91.]

Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.

Washington State Code Reviser's Office