1289-S AMH VAND BERN 022

SHB 1289 - H AMD 238

By Representative Van De Wege

WITHDRAWN 3/13/2007

   Strike everything after the enacting clause and insert the following:

   "NEW SECTION. Sec. 1. A new section is added to chapter 46.20 RCW to read as follows:

    (1) The department may enter into a memorandum of understanding with any federal agency for the purposes of facilitating the crossing of the border between the state of Washington and the Canadian province of British Columbia.

   (2) The department may enter into an agreement with the Canadian province of British Columbia for the purposes of implementing a border-crossing initiative.

   (3)(a) The department may issue an enhanced driver's license or identicard for the purposes of crossing the border between the state of Washington and the Canadian province of British Columbia to an applicant who provides the department with proof of: United States citizenship, identity, and state residency. The department shall continue to offer a standard driver's license and identicard. If the department chooses to issue an enhanced driver's license, the department must allow each applicant to choose between a standard driver's license or identicard, or an enhanced driver's license or identicard.

   (b) The department shall implement a one-to-many biometric matching system for the enhanced driver's license or identicard. An applicant for an enhanced driver's license or identicard shall submit a biometric identifier as designated by the department. The biometric identifier must be used solely for the purpose of verifying the identity of the holders and for any purpose set out in RCW 46.20.037. Applicants are required to sign a declaration acknowledging their understanding of the one-to-many biometric match.

   (c) The enhanced driver's license or identicard must include reasonable security measures to protect the privacy of Washington state residents, including reasonable safeguards to protect against unauthorized disclosure of data about Washington state residents. If the enhanced driver's license or identicard includes a radio frequency identification chip, or similar technology, the department shall ensure that the technology is encrypted or otherwise secure from unauthorized data access.

     (d) The requirements of this subsection are in addition to the requirements otherwise imposed on applicants for a driver's license or identicard. The department shall adopt such rules as necessary to meet the requirements of this subsection. From time to time the department shall review technological innovations related to the security of identity cards and amend the rules related to enhanced driver's licenses and identicards as the director deems consistent with this section and appropriate to protect the privacy of Washington state residents.

   (e) Notwithstanding RCW 46.20.118, the department may make images associated with enhanced drivers' licenses or identicards from the negative file available to United States customs and border agents for the purposes of verifying identity.

   (4) The department may set a fee for the issuance of enhanced drivers' licenses and identicards under this section.

   (5) The border crossing initiative authorized by this act must be consistent with the requirements of the federal REAL ID Act of 2005, P.L. 109-13.

   (6) The department may not enter into a memorandum of understanding with any federal agency for the purposes of facilitating the crossing of the border between the state of Washington and the Canadian province of British Columbia until:

   (a) The federal department of homeland security agrees to delay the enforcement of the western hemisphere travel initiative until twelve months after the completion of the border crossing initiative authorized by this act; and

   (b) Agreement is reached between the department and British Columbia on the technology to be used for the secure driver's licenses and identicards, and a timeline for implementation on both boarders is established and agreed to.

   (7) The department shall develop and implement an educational campaign to educate Washington citizens about the border crossing initiative authorized by this act. The educational campaign must:

   (a) Include information on how the enhanced driver's license or identicard can be used for all forms of travel;

   (b) State that the existing Washington state driver's license and identicard will be valid for travel during the border crossing initiative pilot project; and

   (c) Explain that the border crossing initiative is being implemented in anticipation of the federal REAL ID Act of 2005, P.L. 109-13 and the western hemisphere travel initiative.

   NEW SECTION. Sec. 2. If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2007, in the omnibus transportation appropriations act, this act is null and void.

   NEW SECTION. Sec. 3. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately."

   Correct the title.

EFFECT: Requires that the border crossing initiative be consistent with the requirements of the federal REAL ID Act.

Prohibits the department from entering into a memorandum of understanding with a federal agency for a border crossing initiative until:

• The federal department of homeland security agrees to delay the enforcement of the western hemisphere travel initiative until twelve months after the completion of the border crossing initiative; and

• Agreement is reached between the department and British Columbia on the technology to be used for the secure driver's licenses and identicards and a timeline for implementation.

The department must implement an educational campaign, which must:

• Include information on how the enhanced driver's license or identicard can be used for all forms of travel;

• State that the existing Washington state driver's licenses and identicards will be valid during the pilot project; and

• Explain that the border crossing initiative is being implemented in anticipation of the federal REAL ID Act and the western hemisphere travel initiative.