BILL REQ. #:  H-0424.1 

Prefiled 01/09/13. Read first time 01/14/13.   Referred to Committee on Transportation.

     AN ACT Relating to requiring proof of Washington residency for driver's license and identicard issuance; and amending RCW 46.20.035, 46.20.091, and 46.20.161.

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 subsections (1), (2), or (3) and (7) 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)) 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) 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) 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) 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."
     (7)(a) An applicant must provide evidence of a valid principal Washington residence address with an original, notarized, or certified copy of any of the following:
     (i) A utility bill;
     (ii) A bank statement;
     (iii) A paycheck;
     (iv) A government check; or
     (v) Other government document with a valid Washington residence address.
     (b) The department must, to the extent possible, authenticate the address presented by the applicant.

Sec. 2   RCW 46.20.091 and 2000 c 115 s 4 are each amended to read as follows:
     (1) Application. In order to apply for a driver's license or instruction permit the applicant must provide his or her:
     (a) Name of record, as established by documentation required under RCW 46.20.035;
     (b) Date of birth, as established by satisfactory evidence of age;
     (c) Sex;
     (d) Principal Washington residence address and proof of the address as required in RCW 46.20.035(7);
     (e) Description;
     (f) Driving licensing history, including:
     (i) Whether the applicant has ever been licensed as a driver or chauffeur and, if so, (A) when and by what state or country; (B) whether the license has ever been suspended or revoked; and (C) the date of and reason for the suspension or revocation; or
     (ii) Whether the applicant's application to another state or country for a driver's license has ever been refused and, if so, the date of and reason for the refusal; and
     (g) Any additional information required by the department.
     (2) Sworn statement. An application for an instruction permit or for an original driver's license must be made upon a form provided by the department. The form must include a section for the applicant to indicate whether he or she has received driver training and, if so, where. The identifying documentation verifying the name of record must be accompanied by the applicant's written statement that it is valid. The information provided on the form must be sworn to and signed by the applicant before a person authorized to administer oaths. An applicant who makes a false statement on an application for a driver's license or instruction permit is guilty of false swearing, a gross misdemeanor, under RCW 9A.72.040.
     (3) Driving records from other jurisdictions. If a person previously licensed in another jurisdiction applies for a Washington driver's license, the department shall request a copy of the applicant's driver's record from the other jurisdiction. The driving record from the other jurisdiction becomes a part of the driver's record in this state.
     (4) Driving records to other jurisdictions. If another jurisdiction requests a copy of a person's Washington driver's record, the department shall provide a copy of the record. The department shall forward the record without charge if the other jurisdiction extends the same privilege to the state of Washington. Otherwise the department shall charge a reasonable fee for transmittal of the record.

Sec. 3   RCW 46.20.161 and 2000 c 115 s 6 are each amended to read as follows:
     (1) The department, upon receipt of a fee of twenty-five dollars, unless the driver's license is issued for a period other than five years, in which case the fee shall be five 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.
     (2) The department, when mailing the driver's license to a first time applicant, must mail the driver's license to a valid Washington address and may not mail the driver's license to an address outside the state of Washington. For the purposes of this subsection, "first time applicant" means a person applying for a driver's license in the state of Washington for the first time who has not been previously issued a driver's license by the department.