WSR 19-07-070
PERMANENT RULES
DEPARTMENT OF LICENSING
[Filed March 19, 2019, 2:35 p.m., effective April 19, 2019]
Effective Date of Rule: Thirty-one days after filing.
Purpose: These rule changes align with federal requirements and remove redundant language regarding signatures that are already required by statute.
Citation of Rules Affected by this Order: Amending WAC 308-105-020 Application for enhanced driver's license or identicard.
Other Authority: 6 C.F.R. 37.
Adopted under notice filed as WSR 19-04-023 on January 25, 2019.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 1, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: March 19, 2019.
Damon Monroe
Rules Coordinator
AMENDATORY SECTION(Amending WSR 07-22-031, filed 10/29/07, effective 11/29/07)
WAC 308-105-020Application for enhanced driver's license or identicard.
(1) An applicant for an enhanced driver's license must be eligible for a standard driver's license under chapter
46.20 RCW, provide the information required by RCW
46.20.091 and WAC 308-104-014, and establish his or her identity as provided by RCW
46.20.035 and WAC 308-104-040.
(2) An applicant for an enhanced identicard must be eligible for a standard identicard under chapter
46.20 RCW, provide the information required by RCW
46.20.117 and WAC 308-104-014, and establish his or her identity as provided by RCW
46.20.035 and WAC 308-104-040.
(3) ((An applicant for an enhanced driver's license or identicard must sign a declaration acknowledging that his or her photograph will be used as a facial recognition biometric identifier, and that he or she understands that the biometric identifier will be used in a one-to-many biometric matching system for purposes of verifying the identity of the applicant.
(4))) An applicant for an enhanced driver's license or identicard must sign a declaration acknowledging that he or she has been notified that the enhanced driver's license or identicard contains a radio frequency identification chip, that he or she has been given written information on the type of information the chip contains and how it may be used, and that tampering with or deactivating the chip will invalidate the enhanced driver's license or identicard for purposes of border crossing.
(((5)))(4) An applicant for an enhanced driver's license or identicard must provide the department with satisfactory proof of United States citizenship. United States citizenship may be established by providing at least one of the following pieces of documentation:
(a) A United States passport that is valid ((or has been expired for no more than five years));
(b) Certified state birth certificate;
(c) Certificate of naturalization;
(d) Certificate of citizenship; or
(e) Department of state consular report of birth abroad.
(((6)))(5) An applicant for an enhanced driver's license or identicard must provide the department with satisfactory proof of residency in the state of Washington.
(((7)))(6) An enhanced driver's license or identicard will not be issued to an applicant who is unable to provide the department with satisfactory proof required under this section.