BP BHEAD INT S

AN ACT Relating to use of thumbprint scans to prevent fraud; amending RCW 46.20.091, 46.20.117, 46.20.118, 46.20.120, and 74.04.060; adding new sections to chapter 74.04 RCW; and creating a new section.

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

NEW SECTION. Sec. 1. The use of false identification enables thieves to commit millions of dollars of fraud each year. The victims of these fraudulent schemes include citizens, private business, and state agencies. In Washington, it is estimated that welfare fraud alone costs the state over twenty-three million dollars each biennium in overpaid public assistance benefits.

Recent advances in technology allow identification based on an electronic scan of a person's thumbprint. This type of identification is not subject to the fraudulent schemes found in the use of photographic identification. The legislature finds that there are two areas in which it is crucial for state agencies to verify identification of people: (1) The issuance of driver's licenses or identicards; and (2) the provision of public assistance benefits. The legislature further finds that an electronic thumbprint identification system will greatly reduce the amount of fraud perpetrated on these state agencies, thereby saving tax dollars. By reducing the ability to obtain fraudulent identifications, fraud perpetrated on private businesses relying on these forms of identification will also be reduced.

It is the intent of the legislature that an electronic thumbprint system be implemented for use at the time of application for or renewal of a driver's license or identicard, and for use at the time of application for or review of public assistance benefits.

Sec. 2. 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) 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) 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.

(5) Every application for an original or duplicate driver's license shall include a requirement to submit to an electronic thumbprint scan.

Sec. 3. RCW 46.20.117 and 1993 c 452 s 3 are each amended to read as follows:

(1) The department shall issue "identicards," containing a picture, to 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 in RCW 46.20.035 that positively proves identity. Each applicant for an original, renewed, or duplicate identicard shall also be required to submit to an electronic thumbprint scan. 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. 4. RCW 46.20.118 and 1990 c 250 s 37 are each amended to read as follows:

The department shall maintain a negative and thumbprint file. It shall contain negatives of all pictures and thumbprints taken by the department of licensing as authorized by RCW 46.20.070 through 46.20.119. Negatives and thumbprints in the file shall not be available for public inspection and copying under chapter 42.17 RCW. The department may make ((~~the file~~)) available all files created under this section and provide legible copies 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.

Sec. 5. RCW 46.20.120 and 1990 c 9 s 1 are each amended to read as follows:

No new driver's license may be issued and no previously issued license may be renewed until the applicant therefor has successfully passed a driver licensing examination and submitted to an electronic thumbprint scan. However, the department may waive all or any part of the examination of any person applying for the renewal of a driver's license except when the department determines that an applicant for a driver's license is not qualified to hold a driver's license under this title. The department may also waive the actual demonstration of the ability to operate a motor vehicle by a person who surrenders a valid driver's license issued by the person's previous home state and who is otherwise qualified to be licensed. For a new license examination a fee of seven dollars shall be paid by each applicant, in addition to the fee charged for issuance of the license. A new license is one issued to a driver who has not been previously licensed in this state or to a driver whose last previous Washington license has been expired for more than four years.

Any person renewing his or her driver's license more than sixty days after the license has expired shall pay a penalty fee of ten dollars in addition to the renewal fee under RCW 46.20.181. The penalty fee shall be deposited in the highway safety fund.

Any person who is outside the state at the time his or her driver's license expires or who is unable to renew the license due to any incapacity may renew the license within sixty days after returning to this state or within sixty days after the termination of any such incapacity without the payment of the penalty fee.

The department shall provide for giving examinations at places and times reasonably available to the people of this state.

Sec. 6. RCW 74.04.060 and 1987 c 435 s 29 are each amended to read as follows:

For the protection of applicants and recipients, the department and the county offices and their respective officers and employees are prohibited, except as hereinafter provided, from disclosing the contents of any records, files, papers and communications, except for purposes directly connected with the administration of the programs of this title. In any judicial proceeding, except such proceeding as is directly concerned with the administration of these programs, such records, files, papers and communications, and their contents, shall be deemed privileged communications and except for the right of any individual to inquire of the office whether a named individual is a recipient of welfare assistance and such person shall be entitled to an affirmative or negative answer. However, upon written request of a parent who has been awarded visitation rights in an action for divorce or separation or any parent with legal custody of the child, the department shall disclose to him or her the last known address and location of his or her natural or adopted children. The secretary shall adopt rules which establish procedures for disclosing the address of the children and providing, when appropriate, for prior notice to the custodian of the children. The notice shall state that a request for disclosure has been received and will be complied with by the department unless the department receives a copy of a court order which enjoins the disclosure of the information or restricts or limits the requesting party's right to contact or visit the other party or the child. Information supplied to a parent by the department shall be used only for purposes directly related to the enforcement of the visitation and custody provisions of the court order of separation or decree of divorce. No parent shall disclose such information to any other person except for the purpose of enforcing visitation provisions of the said order or decree.

The county offices shall maintain monthly at their offices a report showing the names and addresses of all recipients in the county receiving public assistance under this title, together with the amount paid to each during the preceding month.

The provisions of this section shall not apply to duly designated representatives of approved private welfare agencies, public officials, members of legislative interim committees and advisory committees when performing duties directly connected with the administration of this title, such as regulation and investigation directly connected therewith and to the exchange of thumbprint information between the department of social and health services and the department of licensing: PROVIDED, HOWEVER, That any information so obtained by such persons or groups shall be treated with such degree of confidentiality as is required by the federal social security law.

It shall be unlawful, except as provided in this section, for any person, body, association, firm, corporation or other agency to solicit, publish, disclose, receive, make use of, or to authorize, knowingly permit, participate in or acquiesce in the use of any lists or names for commercial or political purposes of any nature. The violation of this section shall be a gross misdemeanor.

NEW SECTION. Sec. 7. A new section is added to chapter 74.04 RCW to read as follows:

The department of social and health services shall require all applicants for public assistance to submit to an electronic thumbprint scan to verify the applicant's identity. Except in the case of emergency assistance provided pursuant to RCW 74.04.660, assistance shall not be granted unless the person's identification has been verified through the electronic thumbprint scan. The department shall also reverify an applicant's identity through use of the electronic thumbprint scan at reasonable intervals during the time the person receives public assistance, which intervals shall be designated by rule by the department.

NEW SECTION. Sec. 8. A new section is added to chapter 74.04 RCW to read as follows:

(1) The department of licensing and the department of social and health services, in consultation with the department of information services, shall acquire and implement an electronic thumbprint identification system. The department of licensing and the department of social and health services shall adopt rules as necessary under chapter 34.05 RCW for implementation of the system. The system shall be designed to allow each department's system to interact with the other department's system. The purpose of this system shall be to verify the identity of those individuals indicated in subsection (2) of this section and prevent the use of multiple identities.

(2)(a) In the case of the department of licensing, the system shall be used to verify the identity of persons obtaining an original, duplicate, or renewed driver's license or identicard.

(b) In the case of the department of social and health services, the system shall be used to verify the identity of persons applying for public assistance, and periodic reverification of the identity of those persons receiving public assistance currently or in the future.