BILL REQ. #:  H-1725.1 

READ FIRST TIME 02/15/05.   

     AN ACT Relating to enrollment cards issued by federally recognized Indian tribes; amending RCW 66.16.040 and 70.155.090; adding a new section to chapter 29A.08 RCW; adding a new section to chapter 66.08 RCW; and providing an effective date.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 29A.08 RCW to read as follows:
     Whenever a Washington state driver's license number, Washington state identification card number, or social security card number is required under this chapter for the purposes of registering to vote and a person does not have either a Washington state driver's license number, Washington state identification card number, or social security number, the person's enrollment card issued by the governing authority of a federally recognized Indian tribe in Washington shall satisfy the requirement.

Sec. 2   RCW 66.16.040 and 2004 c 61 s 1 are each amended to read as follows:
     Except as otherwise provided by law, an employee in a state liquor store or agency may sell liquor to any person of legal age to purchase alcoholic beverages and may also sell to holders of permits such liquor as may be purchased under such permits.
     Where there may be a question of a person's right to purchase liquor by reason of age, such person shall be required to present any one of the following officially issued cards of identification which shows his/her correct age ((and)), bears his/her signature and photograph, and has security features required by the board:
     (1) Liquor control authority card of identification of any state or province of Canada.
     (2) Driver's license, instruction permit or identification card of any state or province of Canada, or "identicard" issued by the Washington state department of licensing pursuant to RCW 46.20.117.
     (3) United States armed forces identification card issued to active duty, reserve, and retired personnel and the personnel's dependents, which may include an imbedded, digital signature in lieu of a visible signature.
     (4) Passport.
     (5) Merchant Marine identification card issued by the United States Coast Guard.
     (6) Enrollment card issued by the governing authority of a federally recognized Indian tribe located in Washington.
     The board may adopt such regulations as it deems proper covering the cards of identification listed in this section.
     No liquor sold under this section shall be delivered until the purchaser has paid for the liquor in cash, except as allowed under RCW 66.16.041. The use of a personal credit card does not rely upon the credit of the state as prohibited by Article VIII, section 5 of the state Constitution.

Sec. 3   RCW 70.155.090 and 1993 c 507 s 10 are each amended to read as follows:
     (1) Where there may be a question of a person's right to purchase or obtain tobacco products by reason of age, the retailer, sampler, or agent thereof, shall require the purchaser to present any one of the following officially issued identification that shows the purchaser's age ((and)), bears his or her signature and photograph, and has security features required by the board: Liquor control authority card of identification of a state or province of Canada; driver's license, instruction permit, or identification card of a state or province of Canada; "identicard" issued by the Washington state department of licensing under chapter 46.20 RCW; United States military identification; passport; enrollment card issued by the governing authority of a federally recognized Indian tribe located in Washington; or merchant marine identification card issued by the United States coast guard.
     (2) It is a defense to a prosecution under RCW 26.28.080(((4))) that the person making a sale reasonably relied on any of the officially issued identification as defined in subsection (1) of this section. The liquor control board shall waive the suspension or revocation of a license if the licensee clearly establishes that he or she acted in good faith to prevent violations and a violation occurred despite the licensee's exercise of due diligence.

NEW SECTION.  Sec. 4   A new section is added to chapter 66.08 RCW to read as follows:
     The liquor control board shall adopt rules requiring security features on all the acceptable forms of identification used to verify a person's age for the purposes of purchasing liquor or tobacco.

NEW SECTION.  Sec. 5   Section 1 of this act takes effect January 1, 2006.