2730-S.E AMS TRAN S5373.1

ESHB 2730 - S COMM AMD

By Committee on Transportation

    Strike everything after the enacting clause and insert the following:

    "NEW SECTION. Sec. 1.  The legislature finds that while the driver's license was designed to be a declaration of the privilege to operate a motor vehicle, drivers' licenses and identicards issued by the department of licensing have become the most widely accepted forms of personal identification used by Washington residents.  There is an increasing use of false drivers' licenses and identicards to purchase liquor, to cash bad checks, and to obtain food stamps and other benefits, often at the expense of law-abiding residents.  It is the purpose of this act to require effective means of rendering drivers' licenses and identicards as immune as possible from alteration and counterfeiting in order to promote the public health and safety of the people of this state.

NEW SECTION. Sec. 2.  A new section is added to chapter 46.04 RCW to read as follows:

    "Biometrics" means physical attributes that are unique to individual persons.  Biometrics includes but is not limited to finger images, iris/retinal scans, vein patterns, facial images, and hand/finger geometry.

NEW SECTION. Sec. 3.  A new section is added to chapter 46.20 RCW to read as follows:

    By July 1, 1999, the department shall enter into a contract for the procurement of a new state driver's license and identicard.  The contract shall incorporate, but not be limited to, the following features subject to the listed restrictions:

    (1) A digital imaging system.  A digital imaging system permits a person's photograph and signature to be stored and displayed by computer, which allows for improved file management, flexibility, responsiveness, and fraud protection.

    (2) Machine-readable technologies, including a one-dimensional bar code, two-dimensional bar code, or a magnetic stripe.  Through encryption, both the magnetic stripe and two-dimensional bar code offer additional levels of security against alteration and counterfeiting.

    (a) Information included on a driver's license in machine-readable form may be accessed by the director, the chief of the Washington state patrol, commissioned law enforcement officers, district courts, municipal courts, superior courts, and city and county prosecuting attorneys.

    (b) Except as authorized by this section, a person accessing information encrypted in machine-readable form on a driver's license is guilty of a gross misdemeanor.

    (3) A central issuance system.  A central issuance system requires the issuance of permanent licenses and identicards from one central, secure location.  Upon verification of eligibility, the license or identicard will be mailed to the resident.

NEW SECTION. Sec. 4.  A new section is added to chapter 46.20 RCW to read as follows:

    The digital imaging system authorized in section 3 of this act shall not incorporate facial recognition technology that would allow a one-to-many search, nor may a subsequent user of the file or a portion of the file apply such facial recognition technology.  A one-to-many search compares the photograph to all the other photographs to determine if there is a match.  However, the department may compare the photograph against the individual applying for a license, license renewal, or identicard.

    Sec. 5.  RCW 46.20.118 and 1990 c 250 s 37 are each amended to read as follows:

    The department shall maintain a negative file.  It shall contain negatives of all pictures taken by the department of licensing as authorized by RCW 46.20.070 through 46.20.119.  Negatives in the file shall not be available for public inspection and copying under chapter 42.17 RCW.  The department may make specified pictures within the file available to official ((governmental)) law enforcement agencies designated as such in statute or executive order to assist in the investigation by the agencies of suspected criminal activity.  The department may also provide a print to the driver's next of kin in the event the driver is deceased.

The department shall maintain a computerized audit trail of all releases of digital photographs.  A list of all individuals who, or organizations that, have accessed an individual's digital photograph must be available for inspection by the individual whose photograph was released, by the individual's authorized personal representative, and by the state auditor.

    Sec. 6.  RCW 46.20.091 and 1996 c 287 s 5 are each amended to read as follows:

    (1) Every application for an instruction permit or for an original driver's license shall be made upon a form prescribed and furnished by the department which shall be sworn to and signed by the applicant before a person authorized to administer oaths.  An applicant making a false statement under this subsection is guilty of false swearing, a gross misdemeanor, under RCW 9A.72.040.  Every application for an instruction permit containing a photograph shall be accompanied by a fee of five dollars.  The department shall forthwith transmit the fees collected for instruction permits and temporary drivers' permits to the state treasurer.

    (2) Every such application shall state the full name, date of birth, sex, and Washington residence address of the applicant, and briefly describe the applicant, and shall state whether the applicant has theretofore been licensed as a driver or chauffeur, and, if so, when and by what state or country, and whether any such license has ever been suspended or revoked, or whether an application has ever been refused, and, if so, the date of and reason for such suspension, revocation, or refusal, and shall state such additional information as the department shall require, including a statement that identifying documentation presented by the applicant is valid.  Except for submitting a digital photograph as authorized by section 3 of this act, the department shall neither request nor require an applicant to submit biometrics as part of an application under this section.

    (3) Whenever application is received from a person previously licensed in another jurisdiction, the department shall request a copy of such driver's record from such other jurisdiction.  When received, the driving record shall become a part of the driver's record in this state.

    (4) Whenever the department receives request for a driving record from another licensing jurisdiction, the record shall be forwarded without charge if the other licensing jurisdiction extends the same privilege to the state of Washington.  Otherwise there shall be a reasonable charge for transmittal of the record, the amount to be fixed by the director of the department.

    Sec. 7.  RCW 46.20.117 and 1993 c 452 s 3 are each amended to read as follows:

    (1) The department shall issue "identicards," containing a picture, to nondrivers for a fee of ((four)) six dollars.  However, the fee shall be the actual cost of production to recipients of continuing public assistance grants under Title 74 RCW who are referred in writing to the department by the secretary of social and health services.  The fee shall be deposited in the highway safety fund.  To be eligible, each applicant shall produce evidence as required in RCW 46.20.035 that positively proves identity.  The "identicard" shall be distinctly designed so that it will not be confused with the official driver's license.  The identicard shall expire on the fifth anniversary of the applicant's birthdate after issuance.

    (2) The department may cancel an "identicard" upon a showing by its records or other evidence that the holder of such "identicard" has committed a violation relating to "identicards" defined in RCW 46.20.336.

    Sec. 8.  RCW 46.20.161 and 1990 c 250 s 40 are each amended to read as follows:

(1) The department, upon receipt of a fee of ((fourteen)) twenty dollars, which includes the fee for the required photograph, shall issue to every applicant qualifying therefor a driver's license, which license shall bear thereon a distinguishing number assigned to the licensee, the full name, date of birth, Washington residence address, and 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 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) As authorized by section 3 of this act, the department may also include the information specified by subsection (1) of this section, but no other information, on a driver's license in machine-readable form.  Any information included on a driver's license in a form that can only be read by machine must be encrypted.

    Sec. 9.  RCW 46.20.181 and 1990 c 250 s 41 are each amended to read as follows:

    Every driver's license expires on the fourth anniversary of the licensee's birthdate following the issuance of the license.  Every such license is renewable on or before its expiration upon application prescribed by the department and the payment of a fee of ((fourteen)) twenty dollars.  This fee includes the fee for the required photograph.

NEW SECTION. Sec. 10.  A new section is added to chapter 46.20 RCW to read as follows:

    In no event may the social security number be placed on the driver's license or identicard.

    Sec. 11.  RCW 46.63.020 and 1997 c 229 s 13 and 1997 c 66 s 8 are each reenacted and amended to read as follows:

    Failure to perform any act required or the performance of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to traffic including parking, standing, stopping, and pedestrian offenses, is designated as a traffic infraction and may not be classified as a criminal offense, except for an offense contained in the following provisions of this title or a violation of an equivalent administrative regulation or local law, ordinance, regulation, or resolution:

    (1) RCW 46.09.120(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance;

    (2) RCW 46.09.130 relating to operation of nonhighway vehicles;

    (3) RCW 46.10.090(2) relating to the operation of a snowmobile while under the influence of intoxicating liquor or narcotics or habit‑forming drugs or in a manner endangering the person of another;

    (4) RCW 46.10.130 relating to the operation of snowmobiles;

    (5) Chapter 46.12 RCW relating to certificates of ownership and registration and markings indicating that a vehicle has been destroyed or declared a total loss;

    (6) RCW 46.16.010 relating to initial registration of motor vehicles;

    (7) RCW 46.16.011 relating to permitting unauthorized persons to drive;

    (8) RCW 46.16.160 relating to vehicle trip permits;

    (9) RCW 46.16.381 (6) or (9) relating to unauthorized use or acquisition of a special placard or license plate for disabled persons' parking;

    (10) RCW 46.20.005 relating to driving without a valid driver's license;

    (11) RCW 46.20.091 relating to false statements regarding a driver's license or instruction permit;

    (12) RCW 46.20.--- (section 3 of this act) relating to unauthorized access to encrypted driver's license information;

(13) RCW 46.20.336 relating to the unlawful possession and use of a driver's license;

    (((13))) (14) RCW 46.20.342 relating to driving with a suspended or revoked license or status;

    (((14))) (15) RCW 46.20.410 relating to the violation of restrictions of an occupational driver's license;

    (((15))) (16) RCW 46.20.420 relating to the operation of a motor vehicle with a suspended or revoked license;

    (((16))) (17) RCW 46.20.740 relating to operation of a motor vehicle without an ignition interlock device in violation of a license notation that the device is required;

    (((17))) (18) RCW 46.20.750 relating to assisting another person to start a vehicle equipped with an ignition interlock device;

    (((18))) (19) RCW 46.25.170 relating to commercial driver's licenses;

    (((19))) (20) Chapter 46.29 RCW relating to financial responsibility;

    (((20))) (21) RCW 46.30.040 relating to providing false evidence of financial responsibility;

    (((21))) (22) RCW 46.37.435 relating to wrongful installation of sunscreening material;

    (((22))) (23) RCW 46.44.180 relating to operation of mobile home pilot vehicles;

    (((23))) (24) RCW 46.48.175 relating to the transportation of dangerous articles;

    (((24))) (25) RCW 46.52.010 relating to duty on striking an unattended car or other property;

    (((25))) (26) RCW 46.52.020 relating to duty in case of injury to or death of a person or damage to an attended vehicle;

    (((26))) (27) RCW 46.52.090 relating to reports by repairmen, storagemen, and appraisers;

    (((27))) (28) RCW 46.52.100 relating to driving under the influence of liquor or drugs;

    (((28))) (29) RCW 46.52.130 relating to confidentiality of the driving record to be furnished to an insurance company, an employer, and an alcohol/drug assessment or treatment agency;

    (((29))) (30) RCW 46.55.020 relating to engaging in the activities of a registered tow truck operator without a registration certificate;

    (((30))) (31) RCW 46.55.035 relating to prohibited practices by tow truck operators;

    (((31))) (32) RCW 46.61.015 relating to obedience to police officers, flagmen, or fire fighters;

    (((32))) (33) RCW 46.61.020 relating to refusal to give information to or cooperate with an officer;

    (((33))) (34) RCW 46.61.022 relating to failure to stop and give identification to an officer;

    (((34))) (35) RCW 46.61.024 relating to attempting to elude pursuing police vehicles;

    (((35))) (36) RCW 46.61.500 relating to reckless driving;

    (((36))) (37) RCW 46.61.502 and 46.61.504 relating to persons under the influence of intoxicating liquor or drugs;

    (((37))) (38) RCW 46.61.503 relating to a person under age twenty-one driving a motor vehicle after consuming alcohol;

    (((38))) (39) RCW 46.61.520 relating to vehicular homicide by motor vehicle;

    (((39))) (40) RCW 46.61.522 relating to vehicular assault;

    (((40))) (41) RCW 46.61.5249 relating to first degree negligent driving;

    (((41))) (42) RCW 46.61.527(4) relating to reckless endangerment of roadway workers;

    (((42))) (43) RCW 46.61.530 relating to racing of vehicles on highways;

    (((43))) (44) RCW 46.61.685 relating to leaving children in an unattended vehicle with the motor running;

    (((44))) (45) RCW 46.64.010 relating to unlawful cancellation of or attempt to cancel a traffic citation;

    (((45))) (46) RCW 46.64.048 relating to attempting, aiding, abetting, coercing, and committing crimes;

    (((46))) (47) Chapter 46.65 RCW relating to habitual traffic offenders;

    (((47))) (48) RCW 46.68.010 relating to false statements made to obtain a refund;

    (((48))) (49) Chapter 46.70 RCW relating to unfair motor vehicle business practices, except where that chapter provides for the assessment of monetary penalties of a civil nature;

    (((49))) (50) Chapter 46.72 RCW relating to the transportation of passengers in for hire vehicles;

    (((50))) (51) RCW 46.72A.060 relating to limousine carrier insurance;

    (((51))) (52) RCW 46.72A.070 relating to operation of a limousine without a vehicle certificate;

    (((52))) (53) RCW 46.72A.080 relating to false advertising by a limousine carrier;

    (((53))) (54) Chapter 46.80 RCW relating to motor vehicle wreckers;

    (((54))) (55) Chapter 46.82 RCW relating to driver's training schools;

    (((55))) (56) RCW 46.87.260 relating to alteration or forgery of a cab card, letter of authority, or other temporary authority issued under chapter 46.87 RCW;

    (((56))) (57) RCW 46.87.290 relating to operation of an unregistered or unlicensed vehicle under chapter 46.87 RCW.

NEW SECTION. Sec. 12.  Sections 7 through 9 of this act take effect July 1, 1999."

ESHB 2730 - S COMM AMD

By Committee on Transportation

    In line 1 of the title, after "licenses;" strike the remainder of the title and insert "amending RCW 46.20.118, 46.20.091, 46.20.117, 46.20.161, and 46.20.181; reenacting and amending RCW 46.63.020; adding a new section to chapter 46.04 RCW; adding new sections to chapter 46.20 RCW; creating a new section; prescribing penalties; and providing an effective date."

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