BILL REQ. #: H-0137.1
| State of Washington | 61st Legislature | 2009 Regular Session |
Prefiled 12/08/08. Read first time 01/12/09. Referred to Committee on Transportation.
AN ACT Relating to verification that applicants for drivers' licenses and identicards are lawfully within the United States; amending RCW 46.20.035; and adding a new section to chapter 46.20 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 46.20.035 and 2008 c 267 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 and the identification requirements of
subsection (4) 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)) A citizenship and
immigration services 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.
Notwithstanding the requirements in subsection (2) of this section, the
department shall issue an identicard to an applicant for whom it
receives documentation pursuant to RCW 74.13.283.
(4) A driver's license or identicard applicant must provide the
department with documentation that the applicant is a United States
citizen or that the applicant's presence in the United States is
authorized under federal law.
(5) An identicard or a driver's license that includes a photograph
that has been renewed by mail or by electronic commerce is valid for
identification purposes if the applicant met the identification
requirements of subsection (1), (2), or (3) of this section at the time
of previous issuance.
(((5))) (6) The form of an applicant's name, as established under
this section, is the person's name of record for the purposes of this
chapter.
(((6))) (7) If the applicant is unable to prove his or her identity
under this section or provide the documentation required under
subsection (4) of this section, the department shall plainly label the
license "not valid for identification purposes."
NEW SECTION. Sec. 2 A new section is added to chapter 46.20 RCW
to read as follows:
The department may adopt rules to establish procedures for: (1)
Verifying that a driver's license or identicard applicant is a United
States citizen or that the applicant's presence in the United States is
authorized under federal law, including appropriate documentation of
that status; and (2) appeals hearings from denials and cancellations of
drivers' licenses or identicards based on the requirement that a
licensee or identicard holder be a United States citizen or be lawfully
within the United States.