BILL REQ. #:  H-4408.1 

Read first time 01/18/08.   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; adding a new section to chapter 46.20 RCW; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 46.20.035 and 2004 c 249 s 2 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 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.
     (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.

NEW SECTION.  Sec. 3   This act takes effect July 1, 2009.