AN ACT Relating to
identification requirements for drivers' licenses and identicards; amending RCW
46.20.035, 46.20.055, 46.20.091, and 46.20.118; reenacting and amending RCW
46.63.020; adding a new section to chapter 46.20 RCW; creating new sections;
and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
WASHINGTON:
NEW SECTION. Sec.
1. This act, authorizing
investigation of documents submitted with a driver's license application, is
the second stage of a three-part effort to increase the reliability and
security of the Washington driver's license document.
The first stage,
accomplished with the enactment of chapter 452, Laws of 1993, established
procedures for identification documentation screening and acceptance in the
department of licensing field offices. That act established a list of
acceptable documents to be used as primary identification documents, and
provided for departmental review of secondary identification documents commonly
used to establish identity.
This act enhances the
procedures established in chapter 452, Laws of 1993, by directing the
department of licensing to retain secondary identification documentation where
necessary to verify the validity of the documents. It further requires a
license applicant to sign a statement that identifying documentation is valid.
Making a false statement regarding the validity of any identifying information
constitutes false swearing, a gross misdemeanor.
The third stage in the
effort to improve the reliability and security of the driver's license is the
eventual adoption of a new document with minimal potential for forgery. Such a
document would potentially include available antifraud safeguards, such as
biometric identifiers, and other technological advances as described in section
8 of this act. Development of a proposal for the new driver's license document
will follow the release of a recommendation on technology currently being
formulated by the department of licensing's driver's document advisory
committee. The committee's recommendation is currently scheduled for release
on November 15, 1996.
NEW SECTION. Sec.
2. A new section is added
to chapter 46.20 RCW to read as follows:
Every application for
an identicard or a Washington state driver's license must contain a statement
of implied consent, notifying the applicant that information contained in the
application and any documents submitted in support of the application may be
made available to law enforcement agencies, or federal, state, and local
governmental agencies for official purposes.
Sec. 3. RCW 46.20.035 and 1993 c
452 s 1 are each amended to read as follows:
(1) The department may
not issue an identicard or a Washington state driver's license, except as
provided in RCW 46.20.116, unless the applicant has satisfied the department
regarding his or her identity. Except as provided in subsection (2) of this
section, an applicant has not satisfied the identity requirements of this
section unless he or she displays or provides the department with at least one
of the following pieces of valid identifying documentation:
(a) A valid or recently
expired driver's license or instruction permit that contains the signature,
date of birth, and a photograph of the applicant;
(b) A Washington state
identicard or an identification card issued by another state that contains the
signature and a photograph of the applicant;
(c) An identification
card issued by the United States, a state, or an agency of either the United
States or a state, of a kind commonly used to identify the members of employees
of the government agency, that contains the signature and a photograph of the
applicant;
(d) A United States
military identification card that contains the signature and a photograph of
the applicant;
(e) A United States
passport that contains the signature and a photograph of the applicant;
(f) An immigration and
naturalization service form that contains the signature and photograph of the
applicant; or
(g) If the applicant is
a minor, an affidavit of the applicant's parent or guardian where the parent or
guardian displays or provides at least one piece of identifying documentation
as specified in this subsection along with additional documentation
establishing the relationship between the parent or guardian and the applicant.
(2) A person unable to
provide identifying satisfactory documentation as specified in
subsection (1) of this section may request that the department review other
available documentation in order to ascertain identity. The department may
retain documentation submitted for review under this subsection, in order to
investigate its validity, except as provided in subsection (3) of this section.
The department may waive the requirement for specific identifying documentation
under subsection (1) of this section if it finds that other documentation
clearly establishes the identity of the applicant. The department may issue
a temporary driver's permit as provided in RCW 46.20.055(4), pending the investigation
of documentation submitted by an applicant for review.
(3) The department
may not retain originals of green cards or other documents issued by the
immigration and naturalization service, or documents of foreign origin. The
department may make photocopies of these documents in order to determine
validity. The department may issue to the applicant a temporary driver's
permit or temporary identicard as provided in RCW 46.20.055(4) and 46.20.117,
pending an investigation of documentation submitted under this subsection.
(4) The department
may not accept photocopied documents unless they are certified by the issuing
authority. The department may not accept original documents transmitted by
facsimile unless the documents are transmitted directly to the department from
the issuing authority.
Sec. 4. RCW 46.20.055 and 1990 c
250 s 34 are each amended to read as follows:
(1) Any person who is
at least fifteen and a half years of age may apply to the department for an
instruction permit for the operation of any motor vehicle except a motorcycle.
Any person sixteen years of age or older, holding a valid driver's license, may
apply for an instruction permit for the operation of a motorcycle. The
department may in its discretion, after the applicant has successfully passed
all parts of the examination other than the driving test, issue to the
applicant a driver's or motorcyclist's instruction permit.
(a) A driver's
instruction permit entitles the permittee while having the permit in immediate
possession to drive a motor vehicle upon the public highways for a period of
one year when accompanied by a licensed driver who has had at least five years
of driving experience and is occupying a seat beside the driver. Except as
provided in subsection (c) of this subsection, only one additional permit,
valid for one year, may be issued.
(b) A motorcyclist's
instruction permit entitles the permittee while having the permit in immediate
possession to drive a motorcycle upon the public highways for a period of
ninety days as provided in RCW 46.20.510(((3))) (2). Except as
provided in subsection (c) of this subsection, only one additional permit,
valid for ninety days, may be issued.
(c) The department
after investigation may issue a third driver's or motorcyclist's instruction
permit when it finds that the permittee is diligently seeking to improve
driving proficiency.
(2) The department may
waive the examination, except as to eyesight and other potential physical
restrictions, for any applicant who is enrolled in either a traffic safety
education course as defined by RCW 28A.220.020(2) or a course of instruction
offered by a licensed driver training school as defined by RCW 46.82.280(1) at
the time the application is being considered by the department. The department
may require proof of registration in such a course as it deems necessary.
(3) The department upon
receiving proper application may in its discretion issue a driver's instruction
permit to an applicant who is at least fifteen years of age and is enrolled in
a traffic safety education program which includes practice driving and which is
approved and accredited by the superintendent of public instruction. Such
instruction permit shall entitle the permittee having the permit in immediate
possession to drive a motor vehicle only when an approved instructor or other
licensed driver with at least five years of driving experience, is occupying a
seat beside the permittee.
(4) The department may
in its discretion issue a temporary driver's permit to an applicant for a
driver's license permitting the applicant to drive a motor vehicle for a period
not to exceed sixty days while the department is completing its investigation
and determination of all facts relative to such applicant's right to receive a
driver's license, including any necessary investigation into the validity of
identification documentation submitted by the applicant. In the case of
investigation of identification documents under RCW 46.20.035(3), the
department may issue a temporary license pending the investigation of
documentation submitted by an applicant for review. Such permit must be in
the permittee's immediate possession while driving a motor vehicle, and it
shall be invalid when the permittee's license has been issued or for good cause
has been refused.
Sec. 5. 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. An
applicant making a false statement under this subsection is guilty of false
swearing, a gross misdemeanor, under RCW 9A.72.040. 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, including a statement that identifying
documentation presented by the applicant is valid.
(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.
Sec. 6. 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 taken by the department of licensing as authorized by RCW 46.20.070
through 46.20.119. Negatives in the file shall not be available for public
inspection and copying under chapter 42.17 RCW. The department ((may)) shall
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.
Sec. 7. RCW 46.63.020 and 1995
1st sp.s. c 16 s 1, 1995 c 332 s 16, and 1995 c 256 s 25 are each reenacted and
amended to read as follows:
Failure to perform any
act required or the performance of any act prohibited by this title or an
equivalent administrative regulation or local law, ordinance, regulation, or
resolution relating to traffic including parking, standing, stopping, and
pedestrian offenses, is designated as a traffic infraction and may not be
classified as a criminal offense, except for an offense contained in the
following provisions of this title or a violation of an equivalent
administrative regulation or local law, ordinance, regulation, or resolution:
(1) RCW 46.09.120(2)
relating to the operation of a nonhighway vehicle while under the influence of
intoxicating liquor or a controlled substance;
(2) RCW 46.09.130
relating to operation of nonhighway vehicles;
(3) RCW 46.10.090(2)
relating to the operation of a snowmobile while under the influence of
intoxicating liquor or narcotics or habit‑forming drugs or in a manner
endangering the person of another;
(4) RCW 46.10.130
relating to the operation of snowmobiles;
(5) Chapter 46.12 RCW
relating to certificates of ownership and registration and markings indicating
that a vehicle has been destroyed or declared a total loss;
(6) RCW 46.16.010
relating to initial registration of motor vehicles;
(7) RCW 46.16.011
relating to permitting unauthorized persons to drive;
(8) RCW 46.16.160
relating to vehicle trip permits;
(9) RCW 46.16.381 (6)
or (9) relating to unauthorized use or acquisition of a special placard or
license plate for disabled persons' parking;
(10) RCW 46.20.021 relating
to driving without a valid driver's license;
(11) RCW 46.20.091
relating to false statements regarding a driver's license or instruction
permit;
(12) RCW
46.20.336 relating to the unlawful possession and use of a driver's license;
(((12))) (13)
RCW 46.20.342 relating to driving with a suspended or revoked license or
status;
(((13))) (14)
RCW 46.20.410 relating to the violation of restrictions of an occupational
driver's license;
(((14))) (15)
RCW 46.20.420 relating to the operation of a motor vehicle with a suspended or
revoked license;
(((15))) (16)
RCW 46.20.750 relating to assisting another person to start a vehicle equipped
with an ignition interlock device;
(((16))) (17)
RCW 46.25.170 relating to commercial driver's licenses;
(((17))) (18)
Chapter 46.29 RCW relating to financial responsibility;
(((18))) (19)
RCW 46.30.040 relating to providing false evidence of financial responsibility;
(((19))) (20)
RCW 46.37.435 relating to wrongful installation of sunscreening material;
(((20))) (21)
RCW 46.44.180 relating to operation of mobile home pilot vehicles;
(((21))) (22)
RCW 46.48.175 relating to the transportation of dangerous articles;
(((22))) (23)
RCW 46.52.010 relating to duty on striking an unattended car or other property;
(((23))) (24)
RCW 46.52.020 relating to duty in case of injury to or death of a person or
damage to an attended vehicle;
(((24))) (25)
RCW 46.52.090 relating to reports by repairmen, storagemen, and appraisers;
(((25))) (26)
RCW 46.52.100 relating to driving under the influence of liquor or drugs;
(((26))) (27)
RCW 46.52.130 relating to confidentiality of the driving record to be furnished
to an insurance company, an employer, and an alcohol/drug assessment or
treatment agency;
(((27))) (28)
RCW 46.55.020 relating to engaging in the activities of a registered tow truck
operator without a registration certificate;
(((28))) (29)
RCW 46.55.035 relating to prohibited practices by tow truck operators;
(((29))) (30)
RCW 46.61.015 relating to obedience to police officers, flagmen, or fire
fighters;
(((30))) (31)
RCW 46.61.020 relating to refusal to give information to or cooperate with an
officer;
(((31))) (32)
RCW 46.61.022 relating to failure to stop and give identification to an
officer;
(((32))) (33)
RCW 46.61.024 relating to attempting to elude pursuing police vehicles;
(((33))) (34)
RCW 46.61.500 relating to reckless driving;
(((34))) (35)
RCW 46.61.502 and 46.61.504 relating to persons under the influence of
intoxicating liquor or drugs;
(((35))) (36)
RCW ((46.61.5055 (section 5, chapter 332 (Substitute Senate Bill No. 5141),
Laws of 1995))) 46.61.503 relating to a person under age twenty-one
driving a motor vehicle after consuming alcohol;
(((36))) (37)
RCW 46.61.520 relating to vehicular homicide by motor vehicle;
(((37))) (38)
RCW 46.61.522 relating to vehicular assault;
(((38))) (39)
RCW 46.61.525 relating to negligent driving;
(((39))) (40)
RCW 46.61.527(4) relating to reckless endangerment of roadway workers;
(((40))) (41)
RCW 46.61.530 relating to racing of vehicles on highways;
(((41))) (42)
RCW 46.61.685 relating to leaving children in an unattended vehicle with the
motor running;
(((42))) (43)
RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a
traffic citation;
(((43))) (44)
RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and
committing crimes;
(((44))) (45)
Chapter 46.65 RCW relating to habitual traffic offenders;
(((45))) (46)
Chapter 46.70 RCW relating to unfair motor vehicle business practices, except
where that chapter provides for the assessment of monetary penalties of a civil
nature;
(((46))) (47)
Chapter 46.72 RCW relating to the transportation of passengers in for hire
vehicles;
(((47))) (48)
Chapter 46.80 RCW relating to motor vehicle wreckers;
(((48))) (49)
Chapter 46.82 RCW relating to driver's training schools;
(((49))) (50)
RCW 46.87.260 relating to alteration or forgery of a cab card, letter of
authority, or other temporary authority issued under chapter 46.87 RCW;
(((50))) (51)
RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle
under chapter 46.87 RCW.
NEW SECTION. Sec.
8. (1) The legislative
transportation committee is directed to appoint a consultant to assist the
committee in undertaking a study of the methods and technology currently
available to create a driver's license and identicard that cannot be
fraudulently obtained from the department of licensing, thereby providing the
public, businesses, and agencies with a more secure driver's license. The
scope of the study shall be determined by the legislative transportation
committee, but at a minimum, shall include an examination of:
(a) Improving identity
verification with the use of biometric systems; determining the type of
biometric system to be utilized; and examining system costs. A "biometric
system" refers to the use of identification technology to verify the
identity of individuals through comparison of unique physical characteristics;
(b) Digitized facial
photography, and associated system costs;
(c) Coded information,
such as a bar code, and associated system costs; and
(d) Available
technology to prevent alterations of the license and identification cards, and
associated costs.
(2) The consultant and
the legislative transportation committee shall work closely with the department
of licensing in developing recommendations.
(3) The
legislative transportation committee shall deliver a final report and
recommendations to the legislature by December 15, 1996.
