SENATE BILL REPORT

                                  E2SSB 6364

                      AS PASSED SENATE, FEBRUARY 18, 1992

Brief Description:  Enacting provisions to curtail the use of fraudulent documents.

SPONSORS: Senate Committee on Ways & Means (originally sponsored by Senators Hayner, Owen, McDonald, Rasmussen, West, Vognild, Newhouse, Nelson, Bailey, McMullen, Saling, Metcalf, Thorsness, Cantu, Amondson, L. Smith, Craswell, Patterson, Oke, Erwin, McCaslin and Sellar)

SENATE COMMITTEE ON GOVERNMENTAL OPERATIONS

Majority Report:  That Substitute Senate Bill No. 6364 be substituted therefor, and the substitute bill do pass and be referred to Committee on Ways & Means. 

      Signed by Senators McCaslin, Chairman; Madsen, and Sutherland.

Staff:  Rod McAulay (786‑7754)

Hearing Dates: February 5, 1992

SENATE COMMITTEE ON WAYS & MEANS

Majority Report:  That Second Substitute Senate Bill No. 6364 be substituted therefor, and the second substitute bill do pass. 

      Signed by Senators McDonald, Chairman; Craswell, Vice Chairman; Amondson, Bailey, Bluechel, Cantu, Metcalf, Newhouse, Owen, Saling, L. Smith, and West.

Minority Report:  Do not pass. 

      Signed by Senators Bauer, Gaspard, M. Kreidler, Murray, Niemi, Rinehart, Talmadge, Williams, and Wojahn.

Staff:  Martin Chaw (786-7715)

Hearing Dates:  February 6, 1992; February 10, 1992

BACKGROUND:

There is concern that identification document fraud is pervasive in the state of Washington.  There is no requirement that any voter card issued by a county auditor to a registered voter contain any statement limiting its use for identification purposes.

When obtaining a driver's license or identicard, regulations of the Department of Licensing require that the applicant produce certain documentary evidence of their identity.  There is no mandate that suspected fraudulent documents or applications be forwarded to law enforcement agencies. 

SUMMARY:

The Washington State Patrol organized crime advisory board is directed to report by January 1, 1993 on all aspects of the impact of identification document fraud and the efficacy of a state policy that drivers' licenses and identicards become the basic identification documents of this state.  The task force shall also report on abuse of voter registration cards for identification purposes.

Any voter card issued to a registrant must include the words, "not valid for identification purposes."

The regulations of the Department of Licensing specifying the types of documents acceptable to prove the identity of an applicant are incorporated in statute. 

The Department of Licensing and the Department of Social and Health Services shall develop procedures to inform screening personnel in the identification of fraudulent documents.  Such personnel shall not be liable for actions taken pursuant to this act.  The Department of Licensing shall forward the name and address of any person suspected of submitting fraudulent documentation, copies of any suspected documents and the reasons why documentation was suspected to be fraudulent to the appropriate law enforcement agency.

Appropriation:  none

Revenue:  none

Fiscal Note:  requested January 29, 1992

TESTIMONY FOR (Governmental Operations): 

Need to halt the proliferation of fake identification and its use in criminal activity, illegal entry and secreting the identity of outlaws.

TESTIMONY AGAINST (Governmental Operations):

Could strip innocent persons of any evidence of identity and chill interest in registering to vote.

TESTIFIED (Governmental Operations):  Senator Jeannette Hayner, prime sponsor; Gordon Jacobson; Rick Jensen, Washington State Patrol; Jerry Martinez, Commission on Hispanic Affairs; Loren Sperry, Spokane Sheriff's Office; Jennifer Boharski, Spokane Prosecutor's Office; Kent Lundgren, U.S. Immigration and Naturalization Service; Kevin Kreowski, U.S. Border Patrol

TESTIMONY FOR (Ways & Means):

Cost of program may be much less than estimated by the Department of Licensing.

TESTIMONY AGAINST (Ways & Means):

Language may engender fear in those with limited English skills.  Additional identification requirements may imply a police state society.

TESTIFIED (Ways & Means):  Senator Jeannette Hayner, prime sponsor; Rick Jensen, Washington State Patrol; Jerry Martinez, Commission on Hispanic Affairs; Jerry Sheehan, ACLU