BP BHEAD INT S

AN ACT Relating to use of electronic security systems to prevent fraud involving driver's licenses and identicards; amending RCW 46.20.091, 46.20.117, 46.20.118, and 46.20.120; adding a new section to chapter 46.20 RCW; adding a new section 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 intent of this act is to create a program in the department of licensing that will significantly improve the reliability and verifiability of state-issued drivers' licenses and identicards. With this program, the legislature intends to reduce the occurrence of fraudulent transactions and to reduce losses of state and federal funds by significantly lowering the incidence of welfare fraud.

NEW SECTION. Sec. 2. A new section is added to chapter 46.20 RCW to read as follows:

(1) Not later than July 1, 1997, the department of licensing, in consultation with the department of information services, shall implement, through purchase or lease, a driver's license/identicard verification program. This program shall consist of a magnetic strip verification system and an electronic finger scan identification system, for use at the time of issuance or renewal of all drivers' licenses and identicards. These systems shall be designed to work complementary to each other and shall be implemented on-line simultaneously.

(2) The magnetic strip verification system shall be designed to assist verification of the authenticity of licenses or identicards and to assist in determining whether a license or identicard has been altered or stolen. The system shall be designed to comply with the following criteria:

(a) The magnetic strip shall contain only the information appearing on the face of the driver's license or identicard.

(b) The sole purpose of the magnetic strip is to provide verification that the license or identicard is valid. Other than official government agencies, no person who uses the magnetic strip to verify the validity of a license or identicard may, by means of accessing the magnetic strip, obtain any personal identifying information regarding the person to whom the license or identicard was issued.

(c) The department shall allow access to the magnetic strip verification system by government agencies and businesses that rely on these forms of identification solely for the purpose of verifying the authenticity of a license or identicard.

(3) The electronic finger scan identification system shall be designed to verify through the use of an electronic fingerprint scan the identity of a person at the time the person submits an application for a driver's license or identicard, and at the time the person seeks renewal or replacement of a driver's license or identicard. The system shall be designed to compare finger scans with the data base to prevent the issuance of multiple licenses or cards to the same person.

(4) Immediately upon on-line implementation of the driver's license/identicard verification program, the department of licensing shall provide written notification to the department of social and health services that the program is operating.

Sec. 3. 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 person applying for an original or duplicate driver's license shall submit to an electronic finger scan as provided in section 2 of this act.

Sec. 4. 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 submit to an electronic finger scan as provided in section 2 of this act. 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. 5. RCW 46.20.118 and 1990 c 250 s 37 are each amended to read as follows:

(1) 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.

(2) The department shall maintain a finger scan data base consisting of all finger scans obtained by the department for use in issuing a driver's license or identicard.

(3) Negatives ((~~in the file~~)) and the finger scan data base shall not be available for public inspection and copying under chapter 42.17 RCW. The department may make the ((~~file~~)) negatives 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. 6. 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 finger scan as provided in section 2 of this act. 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.

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

(1) The department shall require all applicants for public assistance to provide a valid Washington state driver's license or identicard to verify identity.

(2) Not more than one year after the date of notification as required by section 2 of this act by the department of licensing that the driver's license/identicard verification program is operating, the department shall commence to verify all licenses or identicards offered as identification through the magnetic strip verification system operated by the department of licensing.

(3) Once the department is using the magnetic strip verification system, the department shall not provide any assistance under this title to any person without verification of identity by use of the magnetic strip verification system, except that the department may adopt rules authorizing assistance under RCW 74.04.660 without initial verification of identity through the system.