S-3940

AN ACT Relating to fraudulent document use; amending RCW 29.07.080, 29.07.092, 46.20.116, 46.20.091, 46.20.117, and 46.20.118; adding new sections to chapter 43.24 RCW; creating a new section; prescribing penalties; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that identification document fraud is pervasive in Washington state and undermines immigration and anticrime policies of this state. Identification document fraud often involves checks, credit cards, licensing, voter registration cards, insurance, welfare, immigration, money laundering, and the importation of illegal drugs. Such abuse has significant legal, economic, and political consequences, and undermines the public confidence in governmental and commercial institutions.

The state driver's license and identification card are the most commonly used documents for identification in private and public transactions. The legislature finds that the driver's license is not used simply to certify driver qualification, nor is the identification card a document that should be issued without adequate proof of identity. Therefore, the state adopts a policy that the driver's license and identification card issued by the department of licensing are the basic identification documents of this state and that the state has a compelling interest in ensuring the accuracy and integrity of this identification system. It is the purpose and intent of this act to further secure the accuracy and integrity of this system by requiring the application for a license or identification card to include a legible thumbprint or fingerprint of the applicant, in addition to other steps to curtail identification document fraud.

Sec. 2. RCW 29.07.080 and 1990 c 143 s 8 are each amended to read as follows:

For voter registrations executed under this section, the registrar shall state to the applicant that any false information or fraudulently produced documents given by the applicant may subject the applicant to criminal felony prosecution. The registrar shall require the applicant to sign the following oath:

"I declare that the facts relating to my qualifications as a voter recorded on this voter registration form are true and that the documents submitted in support of my qualifications are true and have not been fraudulently procured. I am a citizen of the United States, I am not presently denied my civil rights as a result of being convicted of an infamous crime, I will have lived in this state, county, and precinct for thirty days immediately preceding the next election at which I offer to vote, and I will be at least eighteen years of age at the time of voting. I understand that it is a class C felony to give false information or produce fraudulent documentation."

The registration officer shall attest and date this oath in the following form:

"Subscribed and sworn to before me this ..... day of .........., 19.., .......... Registration Officer."

Sec. 3. RCW 29.07.092 and 1975 1st ex.s. c 184 s 1 are each amended to read as follows:

The county auditor shall acknowledge each new voter registration or transfer by providing or sending the voter a card identifying his or her current precinct, plainly stating "not valid for identification purposes" and containing such other information as may be prescribed by the secretary of state.

Sec. 4. RCW 46.20.116 and 1969 ex.s. c 155 s 3 are each amended to read as follows:

(1) No identicard or Washington state driver's license shall be issued unless the applicant has satisfied the department regarding his or her identity. In no event shall an applicant be deemed to have satisfied the identity requirements of this section unless he or she displays or provides the department with at least two of the following:

(a) An expired or expiring driver's license that contains the signature and/or a photograph of the applicant;

(b) A valid Washington state identicard;

(d) An identification card issued by the United States, any state, or any agency or either, of a kind commonly used to identify the members of employees of such government agencies, including military identification cards, and that contain the signature and/or the photograph of the applicant;

(e) Any certificate or other document issued by any government agency commonly used for the purpose of establishing identities. If the certificate or other document is issued by the government of a foreign country, the certificate or document must be supplemented with an alien registration or identification card issued by the United States immigration and naturalization service or by proof of United States citizenship;

(f) An affidavit, or in the case the applicant is a minor, an affidavit of his or her parent or guardian.

(2) The department shall plainly label each license "not valid for identification purposes" where the applicant is unable to prove his or her identity commensurate ((~~to the regulations~~)) with this section and rules adopted by the director.

NEW SECTION. Sec. 5. The department of licensing, the Washington state association of county auditors, and the department of social and health services, shall each develop procedures to inform screening personnel about the identification of fraudulent documents.

NEW SECTION. Sec. 6. The department shall forward the following information to the appropriate law enforcement agency or agencies within a reasonable time of receipt of suspected fraudulent documentation relating to the application for driver's licenses or identicards:

(1) The given name and address of the person submitting suspected fraudulent documentation;

(2) The confiscated document or copy of the suspected fraudulent documentation; and

(3) The reasons why the documentation was suspected to be fraudulent.

NEW SECTION. Sec. 7. The persons informed under section 5 of this act shall not be liable for actions taken in pursuance of the requirements of this act.

NEW SECTION. Sec. 8. For purposes of section 6 of this act, "suspected fraudulent document" means a document that the reviewing agent has probable cause to believe has been fraudulently produced or altered.

Sec. 9. RCW 46.20.091 and 1990 c 250 s 35 are each amended to read as follows:

(1) Every application for an instruction permit or for an original driver's license shall be made upon a form prescribed and furnished by the department which shall be sworn to and signed by the applicant before a person authorized to administer oaths. Every application for an instruction permit containing a photograph shall be accompanied by a fee of five dollars. The department shall forthwith transmit the fees collected for instruction permits and temporary drivers' permits to the state treasurer.

(2) Every such application shall state the full name, date of birth, sex, and Washington residence address of the applicant, and briefly describe the applicant, and shall state whether the applicant has theretofore been licensed as a driver or chauffeur, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for such suspension, revocation, or refusal, and shall state such additional information as the department shall require.

(3) Every application for an original or duplicate driver's license shall include a legible thumbprint or fingerprint.

(4) Whenever application is received from a person previously licensed in another jurisdiction, the department shall request a copy of such driver's record from such other jurisdiction. When received, the driving record shall become a part of the driver's record in this state.

((~~(4)~~)) (5) Whenever the department receives request for a driving record from another licensing jurisdiction, the record shall be forwarded without charge if the other licensing jurisdiction extends the same privilege to the state of Washington. Otherwise there shall be a reasonable charge for transmittal of the record, the amount to be fixed by the director of the department.

Sec. 10. RCW 46.20.117 and 1986 c 15 s 1 are each amended to read as follows:

(1) The department shall issue "identicards," containing a picture, to ((~~individuals~~)) nondrivers for a fee of four dollars. However, the fee shall be the actual cost of production to recipients of continuing public assistance grants under Title 74 RCW who are referred in writing to the department by the secretary of social and health services. The fee shall be deposited in the highway safety fund. To be eligible, each applicant shall produce evidence as required by the rules adopted by the director that positively proves identity. Such evidence shall include a legible thumbprint or fingerprint for each applicant for an original, renewed, or duplicate identicard. The "identicard" shall be distinctly designed so that it will not be confused with the official driver's license. The identicard shall expire on the fifth anniversary of the applicant's birthdate after issuance.

(2) The department may cancel an "identicard" upon a showing by its records or other evidence that the holder of such "identicard" has committed a violation relating to "identicards" defined in RCW 46.20.336.

Sec. 11. RCW 46.20.118 and 1990 c 250 s 37 are each amended to read as follows:

The department shall maintain a negative file. It shall contain negatives of all pictures and thumbprints or fingerprints taken by the department of licensing as authorized by RCW 46.20.070 through 46.20.119. Negatives and thumbprints or fingerprints in the file shall not be available for public inspection and copying under chapter 42.17 RCW. The department may make the file available to official governmental enforcement agencies to assist in the investigation by the agencies of suspected criminal activity. The department may also provide a print to the driver's next of kin in the event the driver is deceased.

NEW SECTION. Sec. 12. Sections 5 through 8 of this act are each added to chapter 43.24 RCW.

NEW SECTION. Sec. 13. This act shall take effect July 1, 1993.