State of Washington | 62nd Legislature | 2012 Regular Session |
READ FIRST TIME 02/07/12.
AN ACT Relating to supporting the driver's license, permit, and identicard system, including the administration of a facial recognition matching system; amending RCW 46.20.037, 46.20.049, 46.20.117, 46.20.120, 46.20.161, 46.20.181, and 46.20.505; adding a new section to chapter 46.04 RCW; repealing RCW 46.20.038; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 46.20.037 and 2006 c 292 s 1 are each amended to read
as follows:
(1) ((No later than two years after full implementation of the
provisions of Title II of P.L. 109-13, improved security for driver's
licenses and personal identification cards (Real ID), as passed by
Congress May 10, 2005,)) The department ((shall)) may implement a
((voluntary biometric)) facial recognition matching system for
((driver's)) drivers' licenses, permits, and identicards. ((A
biometric)) Any facial recognition matching system ((shall)) selected
by the department must be used only to verify the identity of an
applicant for or holder of a ((renewal or duplicate)) driver's license,
permit, or identicard ((by matching a biometric identifier submitted by
the applicant against the biometric identifier submitted when the
license was last issued. This project requires a full review by the
information services board using the criteria for projects of the
highest visibility and risk)).
(2) Any ((biometric)) facial recognition matching system selected
by the department ((shall)) must be capable of highly accurate
matching, and ((shall)) must be compliant with ((biometric))
appropriate standards established by the American association of motor
vehicle administrators that exist on the effective date of this
section, or such subsequent date as may be provided by the department
by rule, consistent with the purposes of this section.
(3) ((The biometric matching system selected by the department must
incorporate a process that allows the owner of a driver's license or
identicard to present a personal identification number or other code
along with the driver's license or identicard before the information
may be verified by a third party, including a governmental entity.)) The department may not disclose ((
(4) Upon the establishment of a biometric driver's license and
identicard system as described in this section, the department shall
allow every person applying for an original, renewal, or duplicate
driver's license or identicard to voluntarily submit a biometric
identifier. Each applicant shall be informed of all ways in which the
biometric identifier may be used, all parties to whom the identifier
may be disclosed and the conditions of disclosure, the expected error
rates for the biometric matching system which shall be regularly
updated as the technology changes or empirical data is collected, and
the potential consequences of those errors. The department shall adopt
rules to allow applicants to verify the accuracy of the system at the
time that biometric information is submitted, including the use of at
least two separate devices.
(5)biometric information to
the public or any governmental entity)) the results from the facial
recognition matching system except: (a) When authorized by court
order; or (b) to law enforcement, when the department has reason to
believe that a person has committed one of the prohibited practices
listed in RCW 46.20.0921. The results from the facial recognition
matching system are not available for public inspection and copying
under chapter 42.56 RCW.
(((6))) (4) All ((biometric)) personally identifying information
((shall)) derived from the facial recognition matching system must be
stored with appropriate security safeguards((, including but not
limited to encryption)).
(((7))) (5) The department shall develop procedures to handle
instances in which the ((biometric)) facial recognition matching system
fails to verify the identity of an applicant for a renewal or duplicate
driver's license, permit, or identicard. These procedures ((shall))
must allow an applicant to prove identity without using ((a biometric
identifier.)) the
facial recognition matching system.
(8) Any person who has voluntarily submitted a biometric identifier
may choose to discontinue participation in the biometric matching
program at any time, provided that the department utilizes a secure
procedure to prevent fraudulent requests for a renewal or duplicate
driver's license or identicard. When the person discontinues
participation, any previously collected biometric information shall be
destroyed.
(9) This section does not apply when an applicant renews his or her
driver's license or identicard by mail or electronic commerce
NEW SECTION. Sec. 2 A new section is added to chapter 46.04 RCW
to read as follows:
"Facial recognition matching system" means a system that compares
the biometric template derived from an image of an applicant or holder
of a driver's license, permit, or identicard with the biometric
templates derived from the images in the department's negative file.
NEW SECTION. Sec. 3 RCW 46.20.038 (Biometric matching system -- Funding) and 2004 c 273 s 4 are each repealed.
Sec. 4 RCW 46.20.049 and 2011 c 227 s 6 are each amended to read
as follows:
There shall be an additional fee for issuing any class of
commercial driver's license in addition to the prescribed fee required
for the issuance of the original driver's license. The additional fee
for each class shall be ((sixty-one)) eighty-five dollars from October
1, 2012, to June 30, 2013, and one hundred two dollars after June 30,
2013, for the original commercial driver's license or subsequent
renewals. If the commercial driver's license is issued, renewed, or
extended for a period other than five years from October 1, 2012, to
June 30, 2013, or six years after June 30, 2013, the fee for each class
shall be ((twelve)) seventeen dollars ((and twenty cents)) for each
year that the commercial driver's license is issued, renewed, or
extended. The fee shall be deposited in the highway safety fund.
Sec. 5 RCW 46.20.117 and 2005 c 314 s 305 are each amended to
read as follows:
(1) Issuance. The department shall issue an identicard, containing
a picture, if the applicant:
(a) Does not hold a valid Washington driver's license;
(b) Proves his or her identity as required by RCW 46.20.035; and
(c) Pays the required fee. Except as provided in subsection (5) of
this section, the fee is ((twenty)) forty-five dollars from October 1,
2012, to June 30, 2013, and fifty-four dollars after June 30, 2013,
unless an applicant is a recipient of continuing public assistance
grants under Title 74 RCW, who is referred in writing by the secretary
of social and health services. For those persons the fee must be the
actual cost of production of the identicard.
(2) Design and term. The identicard must:
(a) Be distinctly designed so that it will not be confused with the
official driver's license; and
(b) Except as provided in subsection (5) of this section, expire on
the ((fifth)) sixth anniversary of the applicant's birthdate after
issuance.
(3) Renewal. An application for identicard renewal may be
submitted by means of:
(a) Personal appearance before the department; or
(b) Mail or electronic commerce, if permitted by rule of the
department and if the applicant did not renew his or her identicard by
mail or by electronic commerce when it last expired. ((However, the
department may accept an application for renewal of an identicard
submitted by means of mail or electronic commerce only if specific
authority and funding is provided for this purpose by June 30, 2004, in
the omnibus transportation appropriations act.))
An identicard may not be renewed by mail or by electronic commerce
unless the renewal issued by the department includes a photograph of
the identicard holder.
(4) Cancellation. The department may cancel an identicard if the
holder of the identicard used the card or allowed others to use the
card in violation of RCW 46.20.0921.
(5) Alternative issuance/renewal/extension. The department may
issue or renew an identicard for a period other than five years from
October 1, 2012, to June 30, 2013, or six years after June 30, 2013, or
may extend by mail or electronic commerce an identicard that has
already been issued, in order to evenly distribute, as nearly as
possible, the yearly renewal rate of identicard holders. The fee for
an identicard issued or renewed for a period other than five years from
October 1, 2012, to June 30, 2013, or six years after June 30, 2013, or
that has been extended by mail or electronic commerce, is nine dollars
for each year that the identicard is issued, renewed, or extended. The
department may adopt any rules as are necessary to carry out this
subsection.
Sec. 6 RCW 46.20.120 and 2011 c 370 s 4 are each amended to read
as follows:
An applicant for a new or renewed driver's license must
successfully pass a driver licensing examination to qualify for a
driver's license. The department must ensure that examinations are
given at places and times reasonably available to the people of this
state. If the department does not administer driver licensing
examinations as a routine part of its licensing services within a
department region because adequate testing sites are provided by driver
training schools or school districts within that region, the department
shall, at a minimum, administer driver licensing examinations by
appointment to applicants eighteen years of age and older in at least
one licensing office within that region.
(1) Waiver. The department may waive:
(a) All or any part of the examination of any person applying for
the renewal of a driver's license unless the department determines that
the applicant is not qualified to hold a driver's license under this
title; or
(b) All or any part of the examination involving operating a motor
vehicle if the applicant:
(i) Surrenders a valid driver's license issued by the person's
previous home state; or
(ii) Provides for verification a valid driver's license issued by
a foreign driver licensing jurisdiction with which the department has
an informal agreement under RCW 46.20.125; and
(iii) Is otherwise qualified to be licensed.
(2) Fee. Each applicant for a new license must pay an examination
fee of twenty dollars.
(a) The examination fee is in addition to the fee charged for
issuance of the license.
(b) "New license" means a license issued to a driver:
(i) Who has not been previously licensed in this state; or
(ii) Whose last previous Washington license has been expired for
more than ((five)) six years.
(3) An application for driver's license renewal may be submitted by
means of:
(a) Personal appearance before the department; or
(b) Mail or electronic commerce, if permitted by rule of the
department and if the applicant did not renew his or her license by
mail or by electronic commerce when it last expired.
(4) A person whose license expired or will expire while he or she
is living outside the state, may:
(a) Apply to the department to extend the validity of his or her
license for no more than twelve months. If the person establishes to
the department's satisfaction that he or she is unable to return to
Washington before the date his or her license expires, the department
shall extend the person's license. The department may grant
consecutive extensions, but in no event may the cumulative total of
extensions exceed twelve months. An extension granted under this
section does not change the expiration date of the license for purposes
of RCW 46.20.181. The department shall charge a fee of five dollars
for each license extension;
(b) Apply to the department to renew his or her license by mail or,
if permitted by rule of the department, by electronic commerce even if
subsection (3)(b) of this section would not otherwise allow renewal by
that means. If the person establishes to the department's satisfaction
that he or she is unable to return to Washington within twelve months
of the date that his or her license expires, the department shall renew
the person's license by mail or, if permitted by rule of the
department, by electronic commerce.
(5) If a qualified person submits an application for renewal under
subsection (3)(b) or (4)(b) of this section, he or she is not required
to pass an examination nor provide an updated photograph. A license
renewed by mail or by electronic commerce that does not include a
photograph of the licensee must be labeled "not valid for
identification purposes."
(6) Driver training schools licensed by the department under
chapter 46.82 RCW may administer the portions of the driver licensing
examination that test the applicant's knowledge of traffic laws and
ability to safely operate a motor vehicle.
(7) School districts that offer a traffic safety education program
under chapter 28A.220 RCW may administer the portions of the driver
licensing examination that test the applicant's knowledge of traffic
laws and ability to safely operate a motor vehicle.
Sec. 7 RCW 46.20.161 and 2000 c 115 s 6 are each amended to read
as follows:
The department, upon receipt of a fee of ((twenty-five)) forty-five
dollars from October 1, 2012, to June 30, 2013, and fifty-four dollars
after June 30, 2013, unless the driver's license is issued for a period
other than five years from October 1, 2012, to June 30, 2013, or six
years after June 30, 2013, in which case the fee shall be ((five)) nine
dollars for each year that the license is issued, which includes the
fee for the required photograph, shall issue to every qualifying
applicant a driver's license. A driver's license issued to a person
under the age of eighteen is an intermediate license, subject to the
restrictions imposed under RCW 46.20.075, until the person reaches the
age of eighteen. The license must include a distinguishing number
assigned to the licensee, the name of record, date of birth, Washington
residence address, photograph, a brief description of the licensee, and
either a facsimile of the signature of the licensee or a space upon
which the licensee shall write his or her usual signature with pen and
ink immediately upon receipt of the license. No license is valid until
it has been so signed by the licensee.
Sec. 8 RCW 46.20.181 and 1999 c 308 s 3 are each amended to read
as follows:
(1) Except as provided in subsection (4) or (5) of this section,
every driver's license expires on the ((fifth)) sixth anniversary of
the licensee's birthdate following the issuance of the license.
(2) A person may renew his or her license on or before the
expiration date by submitting an application as prescribed by the
department and paying a fee of ((twenty-five)) forty-five dollars from
October 1, 2012, to June 30, 2013, and fifty-four dollars after June
30, 2013. This fee includes the fee for the required photograph.
(3) A person renewing his or her driver's license more than sixty
days after the license has expired shall pay a penalty fee of ten
dollars in addition to the renewal fee, unless his or her license
expired when:
(a) The person was outside the state and he or she renews the
license within sixty days after returning to this state; or
(b) The person was incapacitated and he or she renews the license
within sixty days after the termination of the incapacity.
(4) ((During the period from July 1, 2000, to July 1, 2006,)) The
department may issue or renew a driver's license for a period other
than five years from October 1, 2012, to June 30, 2013, or six years
after June 30, 2013, or may extend by mail or electronic commerce a
license that has already been issued, in order to evenly distribute, as
nearly as possible, the yearly renewal rate of licensed drivers. The
fee for a driver's license issued or renewed for a period other than
five years from October 1, 2012, to June 30, 2013, or six years after
June 30, 2013, or that has been extended by mail or electronic
commerce, is ((five)) nine dollars for each year that the license is
issued, renewed, or extended. The department may adopt any rules as
are necessary to carry out this subsection.
(5) A driver's license that includes a hazardous materials
endorsement under chapter 46.25 RCW may expire on an anniversary of the
licensee's birthdate other than the sixth year following issuance or
renewal of the license in order to match, as nearly as possible, the
validity of certification from the federal transportation security
administration that the licensee has been determined not to pose a
security risk. The fee for a driver's license issued or renewed for a
period other than five years from October 1, 2012, to June 30, 2013, or
six years after June 30, 2013, is nine dollars for each year that the
license is issued or renewed, not including any endorsement fees. The
department may adjust the expiration date of a driver's license that
has previously been issued to conform to the provisions of this
subsection if a hazardous materials endorsement is added to the license
subsequent to its issuance. If the validity of the driver's license is
extended, the licensee must pay a fee of nine dollars for each year
that the license is extended.
(6) The department may adopt any rules as are necessary to carry
out this section.
Sec. 9 RCW 46.20.505 and 2007 c 97 s 1 are each amended to read
as follows:
Every person applying for a special endorsement of a driver's
license authorizing such person to drive a two or three-wheeled
motorcycle or a motor-driven cycle shall pay a fee of five dollars,
which is not refundable. In addition, the endorsement fee for the
initial motorcycle endorsement shall not exceed ((ten)) twelve
dollars((, and)), unless the endorsement is issued for a period other
than six years, in which case the endorsement fee shall not exceed two
dollars for each year the initial motorcycle endorsement is issued.
The subsequent renewal endorsement fee shall not exceed ((twenty-five))
thirty dollars, unless the endorsement is renewed or extended for a
period other than ((five)) six years, in which case the subsequent
renewal endorsement fee shall not exceed five dollars for each year
that the endorsement is renewed or extended. Fees collected under this
section shall be deposited in the motorcycle safety education account
of the highway safety fund.
NEW SECTION. Sec. 10 Sections 4 through 9 of this act take
effect October 1, 2012.