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                   ENGROSSED SECOND SUBSTITUTE SENATE BILL 6364

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State of Washington              52nd Legislature             1992 Regular Session

 

By 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)

 

Read first time 02/11/92.Enacting provisions to curtail the use of fraudulent documents.


     AN ACT Relating to fraudulent document use; amending RCW 29.07.092, 46.20.116, and 46.20.117; adding new sections to chapter 43.24 RCW; creating a new section; 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.  This 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 merely to certify driver qualification, nor is the identification card a document that should be issued without adequate proof of identity.

     Therefore, the legislature directs the Washington state patrol organized crime advisory board to report on all aspects of the impact of identification document fraud in the state of Washington.  The report shall include the efficacy of a state policy that the driver's license and identification card issued by the department of licensing become the basic identification documents of this state, and methods of protecting the accuracy and integrity of an identification system.  The task force shall also report on the use and abuse of the voter registration card for identification and other purposes.

     The task force shall report its findings to the legislature by January 1, 1993.

 

     Sec. 2.  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. 3.  RCW 46.20.116 and 1969 ex.s. c 155 s 3 are each amended to read as follows:

     (1) The department shall not issue an identicard or Washington state driver's license unless the applicant has satisfied the department regarding his or her identity.  In any event, to satisfy the identity requirements of this section, an applicant must display or provide the department with at least two of the following:

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

     (b) A valid Washington state identicard;

     (c) A nationally or regionally known credit card containing the signature or photograph of the applicant;

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

     (e) A certificate or other document issued by a government agency commonly used for the purpose of establishing identities;

     (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. 4.      The department of licensing 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. 5.      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) A copy of the suspected fraudulent documentation; and

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

 

     NEW SECTION.  Sec. 6.      The persons informed under section 4 of this act are not liable for actions taken in pursuance of the requirements of RCW 29.07.092, 46.20.116, 46.20.117, and sections 4 and 5 of this act.

 

     NEW SECTION.  Sec. 7.      For purposes of section 5 of this act, "suspected fraudulent document" means a document that the reviewing agent has reasonable cause to believe has been fraudulently produced or altered.

 

     Sec. 8.  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.  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.

 

     NEW SECTION.  Sec. 9.      Sections 4 through 7 of this act are each added to chapter 43.24 RCW.

 

     NEW SECTION.  Sec. 10.     This act shall take effect July 1, 1993.