DEPARTMENT OF LICENSING

[Filed November 17, 2020, 2:24 p.m.]

Preproposal statement of inquiry was filed as WSR 20-19-112.

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

Hearing Location(s): On December 22, 2020, at 10:30 a.m. Telephonic public rule-making hearing will be conducted remotely over the phone. Call-in number: 360-407-3815, Conference ID: 2868139. There is no requirement to RSVP for the public hearing. If you would like to attend, please dial the call-in number to the left and follow the automated instructions to enter the Conference ID number, which is located below the call-in number.

Date of Intended Adoption: December 23, 2020.

Submit Written Comments to: Damon Monroe, Agency Rules Coordinator, Department of Licensing (DOL), P.O. Box 9030, Olympia, WA 98507-9030, email rulescoordinator@dol.wa.gov.

Assistance for Persons with Disabilities: Contact Ellis Starrett, rules and policy manager, phone 360-902-3846, email Estarrett@dol.wa.gov.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The department's current regulations require an applicant for an original driver license/identicard to provide mother's name on DOL applications. The mother's maiden name is not necessary to ascertain a person's identity and should be removed from application.

Reasons Supporting Proposal: The amendment will update the department's policy and procedure for processing applications for driver licenses, identification cards and instruction permits. The amendment will end the department's collection of an applicant's maiden name, there is no need to collect additional data not needed to establish a person's identity. See Governor's Executive Order 17-01.

Statutory Authority for Adoption: RCW 46.01.110 and 46.20.119.

Statute Being Implemented: Not applicable.

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

Name of Proponent: DOL, governmental.

Name of Agency Personnel Responsible for Drafting: Geoffrey Cunningham, 1125 Washington Street S.E., Olympia, WA 98504, 360-902-3655; Implementation: Gilbert De Leon III, 12801 East Sprague Avenue, Spokane, WA, 509-921-2383; and Enforcement: Charlotte Anderson, 1125 Washington Street S.E., Olympia, WA 98504, 360-791-8287.

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. These rules are related only to internal governmental operations that are not subject to violation by a nongovernment party.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.025(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.

AMENDATORY SECTION(Amending WSR 18-10-030, filed 4/25/18, effective 5/19/18)

WAC 308-104-014Application for driver's license or identicard.

A person applying for a driver's license, instruction permit, or identification card must provide the following information:

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

(b) A person applying for an identicard who does not have a permanent primary resident address may be issued an identicard at the cost of production if the person:

(i) Is under the age of eighteen;

(ii) Applies in person;

(iii) Attests to a lack of permanent primary resident address at each application; and

(iv) Provides a temporary mailing address where the identicard can be mailed.

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

(3) The person's date 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, canceled, 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.