[Filed June 12, 2019, 12:17 p.m.]

Preproposal statement of inquiry was filed as WSR 19-03-168.

Title of Rule and Other Identifying Information: WAC 314-11-025 What are the forms of acceptable identification?

Hearing Location(s): On August 7, 2019, at 10:00 a.m., at 1025 Union Avenue, Olympia, WA 98504.

Date of Intended Adoption: On or after August 21, 2019.

Submit Written Comments to: Janette Benham, P.O. Box 43080, Olympia, WA 98504, email rules@lcb.wa.gov, fax 360-664-9689, by August 7, 2019.

Assistance for Persons with Disabilities: Contact Claris Nnanabu, Americans with Disabilities Act Coordinator, Human Resources, phone 360-664-1642, fax 360-664-9689, TTY 711 or 1-800-833-6388, email Claris.Nnanabu@lcb.wa.gov, by July 31, 2019.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The revised rule will allow consideration of tribal enrollment cards from federally recognized Indian tribes located outside of Washington as acceptable forms of identification to verify a person's age for the purpose of selling, serving, or allowing a person to possess or consume alcohol. Revisions to the rule add the process for consideration of tribal enrollment cards and make other clarifying and technical changes.

Reasons Supporting Proposal: The proposed rule changes clarify the acceptable forms of identification, what is required on the identification, update language, and provide clear guidance on requirements and processes.

Statutory Authority for Adoption: RCW 66.08.030 and chapter 66.44 RCW.

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

Name of Proponent: Washington state liquor and cannabis board, governmental.

Name of Agency Personnel Responsible for Drafting: Janette Benham, Rules Coordinator, 3000 Pacific Avenue S.E., Olympia, WA, after July 1, 2019, 1025 Union Avenue, Olympia, WA, 360-664-1760; Implementation: Becky Smith, Licensing Director, 3000 Pacific Avenue S.E., Olympia, WA, after July 1, 2019, 1025 Union Avenue, Olympia, WA, 360-664-1615; and Enforcement Justin Nordhorn, Enforcement Chief, 3000 Pacific Avenue S.E., Olympia, WA, after July 1, 2019, 1025 Union Avenue, Olympia, WA, 360-664-1726.

A school district fiscal impact statement is not required under RCW 28A.305.135.

A cost-benefit analysis is not required under RCW 34.05.328. A cost-benefit analysis is not required because the subject of proposed rule making does not qualify as a significant legislative rule or other rule requiring a cost-benefit analysis under RCW 34.05.328(5).

The proposed rule does not impose more-than-minor costs on businesses. Following is a summary of the agency's analysis showing how costs were calculated. There are no costs or reporting requirements associated with this rule. The proposed rule allows consideration of tribal enrollment cards from federally recognized tribes located outside of Washington as acceptable forms of identification. The proposed rule also provides clarifying and technical updates. The proposed rule does not impose any additional requirements or costs on licensees or other businesses.

AMENDATORY SECTION(Amending WSR 18-08-094, filed 4/4/18, effective 5/5/18)

WAC 314-11-025What are the ((forms of)) acceptable forms of identification?

(1) ((Following are the))Acceptable forms of identification ((that are acceptable)) to verify a person's age for the purpose of selling, serving, or allowing a person to possess or consume alcohol must include:

(a) The identification holder's photo;

(b) The identification holder's date of birth; and

(c) The identification holder's signature, except on federally issued identification where a visible signature is not required.

(2) If the identification has an expiration date, it cannot be used to verify age after the expiration date.

(3) Acceptable forms of identification include:

(a) A driver's license, instruction permit, or identification card of any state, ((or)) province of Canada, ((from a)) U.S. territory, or the District of Columbia, or an "identicard" issued by the Washington state department of licensing per RCW 46.20.117;

(b) A United States armed forces identification card issued to active duty, reserve, and retired personnel and the personnel's dependents((, which may include an embedded, digital signature in lieu of a visible signature));

(d) A Merchant Marine identification card issued by the United States Coast Guard; ((and))or

(e) An enrollment card issued by the governing authority of a federally recognized Indian tribe ((located in Washington)), if the enrollment card incorporates reasonable security features ((comparable))sufficient to deter counterfeiting, which may include features similar to those ((implemented))used by the department of licensing for standard Washington driver's licenses.

(((2) If the identification document has an expiration date, a person may not use the document after the expiration date to verify his or her age.))

(i) An enrollment card must be approved by the board's enforcement division prior to use as an acceptable form of identification. The tribe may request approval by submitting the following for review and inspection:

(A) A letter requesting approval and describing the security features of the enrollment card;

(B) A physical sample of an enrollment card; and

(C) For tribes located outside of Washington, a contact phone number where enforcement officers may call at any time to verify the validity of the enrollment card.

(ii) After review and inspection, the board's designee will send a letter approving or denying the enrollment card as an acceptable form of identification.

(iii) The board may rescind approval if the enrollment card no longer meets the requirements of this section.