[atlas:bill]

AN ACT Relating to improving the security of Washington state driver's licenses by verifying the citizenship or legal residence of applicants for driver's licenses in Washington and verifying the Social Security numbers of applicants for driver's licenses in Washington; amending RCW 46.20.091; adding new sections to chapter 46.20 RCW; and creating new sections.

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

NEW SECTION. Sec. 1. The legislature finds that Washington state's statutes governing the issuance of driver's licenses are subject to fraud by individuals who seek to obtain a driver's license or identity card using a false identity. In order to prevent criminals and terrorists from obtaining a Washington driver's license using a false identity, the legislature has determined that, in addition to the current proof of identity required by statute, applicants for a Washington driver's license should demonstrate that the applicant's presence in the United States is authorized under federal law, either by demonstrating United States citizenship or by showing legal immigration status. The legislature further finds that the department should be explicitly authorized to verify Social Security numbers of applicants for a Washington state driver's license, and that current Washington statutes could be interpreted as forbidding the department from verifying Social Security numbers with the federal government.

NEW SECTION. Sec. 2. This act may be known and cited as the Driver's License Security Act of 2002.

NEW SECTION. Sec. 3. A new section is added to chapter 46.20 RCW to read as follows:

(1) Notwithstanding any other provision of law, and in addition to the proof of identity required by RCW 46.20.035, the department shall require every applicant for an original driver's license or identification card to submit satisfactory proof that the applicant's presence in the United States is authorized under federal law.

(2) The department shall not issue an original driver's license or identification card to a person who does not submit satisfactory proof that the applicant's presence in the United States is authorized under federal law.

(3) The department shall adopt rules specifying procedures for verifying that the applicant's presence in the United States is authorized under federal law, including appropriate documentation of that status.

(4) On November 1, 2003, and on November 1st of each subsequent year, the department shall submit a report to the governor and the legislature detailing the costs of verifying the citizenship or legal residency of applicants for driver's licenses and identification cards, in order for the state to request reimbursement from the federal government.

(5) The inability to obtain a driver's license under this section does not abrogate or diminish in any respect the legal requirement of every driver in this state to obey the motor vehicle laws of this state, including laws with respect to licensing, motor vehicle registration, and financial responsibility.

Sec. 4. RCW 46.20.091 and 2000 c 115 s 4 are each amended to read as follows:

(1) Application. In order to apply for a driver's license or instruction permit the applicant must provide his or her:

(a) Name of record, as established by documentation required under RCW 46.20.035;

(b) Date of birth, as established by satisfactory evidence of age;

(d) Washington residence address;

(e) Description;

(f) Driving licensing history, including:

(i) Whether the applicant has ever been licensed as a driver or chauffeur and, if so, (A) when and by what state or country; (B) whether the license has ever been suspended or revoked; and (C) the date of and reason for the suspension or revocation; or

(ii) Whether the applicant's application to another state or country for a driver's license has ever been refused and, if so, the date of and reason for the refusal; ((~~and~~))

(g) Social Security number; and

(h) Any additional information required by the department.

(2) Sworn statement. An application for an instruction permit or for an original driver's license must be made upon a form provided by the department. The form must include a section for the applicant to indicate whether he or she has received driver training and, if so, where. The identifying documentation verifying the name of record must be accompanied by the applicant's written statement that it is valid. The information provided on the form must be sworn to and signed by the applicant before a person authorized to administer oaths. An applicant who makes a false statement on an application for a driver's license or instruction permit is guilty of false swearing, a gross misdemeanor, under RCW 9A.72.040.

(3) Driving records from other jurisdictions. If a person previously licensed in another jurisdiction applies for a Washington driver's license, the department shall request a copy of the applicant's driver's record from the other jurisdiction. The driving record from the other jurisdiction becomes a part of the driver's record in this state.

(4) Driving records to other jurisdictions. If another jurisdiction requests a copy of a person's Washington driver's record, the department shall provide a copy of the record. The department shall forward the record without charge if the other jurisdiction extends the same privilege to the state of Washington. Otherwise the department shall charge a reasonable fee for transmittal of the record.

NEW SECTION. Sec. 5. A new section is added to chapter 46.20 RCW to read as follows:

The department shall verify the Social Security number of an applicant for a Washington state driver's license or identicard with the federal Social Security Administration. This section constitutes a required disclosure of Social Security numbers under RCW 26.23.150.