WSR 11-03-083

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed January 19, 2011, 8:14 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 10-23-087.

Title of Rule and Other Identifying Information: WAC 308-104-014 Application for driver's license or identicard, updating application requirements.

Hearing Location(s): Highways-Licenses Building, Conference Room 413, 1125 Washington Street S.E., Olympia, WA (check in at counter on first floor), on February 22, 2011, at 3:00 p.m.

Date of Intended Adoption: February 23, 2011.

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 February 21, 2011.

Assistance for Persons with Disabilities: Contact Clark J. Holloway by February 21, 2011, TTY (360) 664-0116.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amend WAC 308-104-014 to provide that driver's license application requirements apply for all driver's licenses, not just originals, and to include a requirement 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.

Reasons Supporting Proposal: 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.

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

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).

January 19, 2011

Walt Fahrer

Rules Coordinator


Residency

Draft 2.0



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)) a driver's license, instruction permit, or identification card must provide the following information:

(1) The person's full name, current mailing and Washington 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 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.]

Washington State Code Reviser's Office