BILL REQ. #: H-4410.1
| State of Washington | 58th Legislature | 2004 Regular Session |
Read first time 01/26/2004. Referred to Committee on Judiciary.
AN ACT Relating to use of Mexican consular photo identification cards for identification purposes; amending RCW 46.20.035; adding a new section to chapter 46.20 RCW; adding a new section to chapter 30.04 RCW; adding a new section to chapter 30.38 RCW; adding a new section to chapter 31.12 RCW; adding a new section to chapter 31.45 RCW; adding a new section to chapter 32.04 RCW; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35A.21 RCW; adding a new section to chapter 36.01 RCW; and creating new sections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that many ordinary
activities in modern society require possession of valid photo
identification. For example, valid photo identification may be
necessary to receive public services such as public utilities and
library access. Valid photo identification may also be necessary to
conduct routine transactions with financial institutions. Law
enforcement officers may require valid photo identification from
victims and witnesses of crimes.
The legislature finds that the Mexican government has developed a
photo identification card, known as a matricula consular, for Mexican
nationals residing in the United States. The matricula consular
contains the holder's photo, name, United States address, and date and
place of birth. Numerous security features and checks have been added
to the matricula consular.
Many cities, states, law enforcement agencies, and financial
institutions accept the matricula consular as a valid form of
identification. The legislature finds that broadened recognition of
the matricula consular as a valid form of identification will serve a
public purpose by promoting access to many ordinary business or
government services. The legislature also finds that broadened
recognition of the matricula consular as a valid form of identification
will promote important law enforcement purposes by encouraging the
reporting of crimes, by increasing cooperation with law enforcement,
and by avoiding efforts that law enforcement would otherwise have to
make to establish identity. The legislature further finds that
recognition of the matricula consular for identification purposes only
does not alter or affect the holder's immigration status, nor does it
entitle the holder to services for which the holder is ineligible due
to immigration status.
Finally, the legislature encourages the government of Mexico to
continue its efforts to issue secure identification to its citizens
living in the United States, and to consider including additional
identifying information, such as physical description, on the matricula
consular.
Sec. 2 RCW 46.20.035 and 1999 c 6 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.
(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 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.
The department is authorized to adopt rules governing the use of the
matricula consular, the identity card issued by the Mexican government
to Mexican nationals residing in the United States, as identifying
documentation.
(4) The form of an applicant's name, as established under this
section, must be the person's name of record for the purposes of this
chapter.
(5) 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."
NEW SECTION. Sec. 3 A new section is added to chapter 46.20 RCW
to read as follows:
State and local law enforcement agencies are authorized to accept
the matricula consular, the photo identity card issued by the Mexican
government to Mexican nationals residing in the United States, as a
valid form of identification for all law enforcement purposes for which
a driver's license is not legally required.
NEW SECTION. Sec. 4 A new section is added to chapter 30.04 RCW
to read as follows:
State-chartered banks are authorized to accept the matricula
consular, the identity card issued by the Mexican government to Mexican
nationals residing in the United States, as a valid form of
identification.
NEW SECTION. Sec. 5 A new section is added to chapter 30.38 RCW
to read as follows:
Out-of-state banks and national banks are encouraged to accept the
matricula consular, the photo identity card issued by the Mexican
government to Mexican nationals residing in the United States, as a
valid form of identification.
NEW SECTION. Sec. 6 A new section is added to chapter 31.12 RCW
to read as follows:
Credit unions are authorized to accept the matricula consular, the
photo identity card issued by the Mexican government to Mexican
nationals residing in the United States, as a valid form of
identification.
Federal credit unions are encouraged to accept the matricula
consular, the photo identity card issued by the Mexican government to
Mexican nationals residing in the United States, as a valid form of
identification.
NEW SECTION. Sec. 7 A new section is added to chapter 31.45 RCW
to read as follows:
Check cashers are authorized to accept the matricula consular, the
photo identity card issued by the Mexican government to Mexican
nationals residing in the United States, as a valid form of
identification.
NEW SECTION. Sec. 8 A new section is added to chapter 32.04 RCW
to read as follows:
Mutual savings banks are authorized to accept the matricula
consular, the photo identity card issued by the Mexican government to
Mexican nationals residing in the United States, as a valid form of
identification.
NEW SECTION. Sec. 9 A new section is added to chapter 35.21 RCW
to read as follows:
Cities and towns are authorized to accept the matricula consular,
the photo identity card issued by the Mexican government to Mexican
nationals residing in the United States, as valid identification for
all purposes for which a driver's license is not legally required.
NEW SECTION. Sec. 10 A new section is added to chapter 35A.21
RCW to read as follows:
Code cities are authorized to accept the matricula consular, the
photo identity card issued by the Mexican government to Mexican
nationals residing in the United States, as valid identification for
all purposes for which a driver's license is not legally required.
NEW SECTION. Sec. 11 A new section is added to chapter 36.01 RCW
to read as follows:
Counties are authorized to accept the matricula consular, the photo
identity card issued by the Mexican government to Mexican nationals
residing in the United States, as valid identification for all purposes
for which a driver's license is not legally required.
NEW SECTION. Sec. 12 As used in this act, part headings
constitute no part of the law.
NEW SECTION. Sec. 13 If any provision of this act or its
application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other
persons or circumstances is not affected.