BILL REQ. #:  H-3552.1 

Read first time 01/16/2004.   Referred to Committee on Transportation.

     AN ACT Relating to ensuring the use of Washington state driver's licenses for positive identification purposes; amending RCW 46.20.035; and creating a new section.

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

NEW SECTION.  Sec. 1   The legislature finds that Washington state driver's licenses are useful for identification purposes and that an applicant for a driver's license must meet strict identification requirements in order to obtain a license. It is critical that the true identity of persons who have been extended the privilege of driving within the state of Washington can be positively identified by their driver's licenses. The state has a compelling interest in ensuring the identity of a person who is applying for a driver's license, that someone who displays a driver's license is actually the person indicated on the license, and that the person is in compliance with the law. The legislature finds that this act is in the best interest of the people of the state of Washington and is rationally related to the legitimate goals of ensuring positive identification of individuals in order to promote the health, safety, and well-being of law enforcement officers and the public in general.

Sec. 2   RCW 46.20.035 and 1999 c 6 s 8 are each amended to read as follows:
     The department may not issue an identicard or a Washington state driver's license that is valid for identification purposes unless the applicant meets the identification requirements of subsection (1), (2), or (3) of this section.
     (1) A driver's license or identicard applicant must provide the department with at least one of the following pieces of valid identifying documentation that contains the signature and a photograph of the applicant:
     (a) A valid or recently expired driver's license or instruction permit that includes the date of birth of the applicant;
     (b) A Washington state identicard or an identification card issued by another state;
     (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 or employees of the government agency;
     (d) A military identification card;
     (e) A United States passport; or
     (f) An Immigration and Naturalization Service form.
     (2) An applicant who is a minor may establish identity by providing an affidavit of the applicant's parent or guardian. The parent or guardian must accompany the minor and display or provide:
     (a) At least one piece of documentation in subsection (1) of this section establishing the identity of the parent or guardian; and
     (b) Additional documentation establishing the relationship between the parent or guardian and the applicant.
     (3) A person unable to provide identifying documentation as specified in subsection (1) or (2) of this section may request that the department review other available documentation in order to ascertain identity. The department may waive the requirement if it finds that other documentation clearly establishes the identity of the applicant.
     (4) The form of an applicant's name, as established under this section, must be the person's name of record for the purposes of this chapter.
     (5) If the applicant is unable to prove his or her identity under this section, the department shall ((plainly label the license "not valid for identification purposes.")) not issue an identicard or Washington state driver's license.