Passed by the House March 8, 2008 Yeas 0 Nays 0 FRANK CHOPP ________________________________________ Speaker of the House of Representatives Passed by the Senate March 4, 2008 Yeas 0 Nays 0 BRAD OWEN ________________________________________ President of the Senate		CERTIFICATE I, Barbara Baker, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED SUBSTITUTE HOUSE BILL 1031 as passed by the House of Representatives and the Senate on the dates hereon set forth. BARBARA BAKER ________________________________________ Chief Clerk
Approved March 25, 2008, 1:23 p.m. CHRISTINE GREGOIRE ________________________________________ Governor of the State of Washington		FILED March 25, 2008 Secretary of State State of Washington

AN ACT Relating to electronic communication devices; adding a new chapter to Title 19 RCW; creating new sections; and prescribing penalties.

NEW SECTION. Sec. 1 The legislature finds that Washington state, from its inception, has recognized the importance of maintaining individual privacy. The legislature further finds that protecting the confidentiality and privacy of an individual's personal information, especially when collected from the individual without his or her knowledge or consent, is critical to maintaining the safety and well-being of its citizens. The legislature recognizes that inclusion of identification devices that broadcast data or enable data or information to be collected or scanned either secretly or remotely, or both, may greatly magnify the potential risk to individual privacy, safety, and economic well-being that can occur from unauthorized interception and use of personal information. The legislature further recognizes that these types of technologies, whether offered by the private sector or issued by the government, can be pervasive.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Identification device" means an item that uses radio frequency identification technology or facial recognition technology.
     (2) "Person" means a natural person who resides in Washington.
     (3) "Personal information" has the same meaning as in RCW 19.255.010.
     (4) "Data" means personal information, numerical values associated with a person's facial features, or unique personal identifier numbers stored on an identification device.
     (5) "Radio frequency identification" means a technology that uses radio waves to transmit data remotely to readers.
     (6) "Reader" means a scanning device that is capable of using radio waves to communicate with an identification device and read the data transmitted by that identification device.
     (7) "Remotely" means that no physical contact between the identification device and the reader is necessary in order to transmit data.
     (8) "Unique personal identifier number" means a randomly assigned string of numbers or symbols that is encoded on the identification device and is intended to identify the identification device.

NEW SECTION. Sec. 3 A person that intentionally scans another person's identification device remotely, without that person's prior knowledge and prior consent, for the purpose of fraud, identity theft, or for any other illegal purpose, shall be guilty of a class C felony.

NEW SECTION. Sec. 4 If any provision of this act is found to be in conflict with federal law or regulations, the conflicting provision of this act is declared to be inoperative solely to the extent of the conflict, and that finding or determination shall not affect the operation of the remainder of this act.

NEW SECTION. Sec. 5 Sections 2 and 3 of this act constitute a new chapter in Title 19 RCW.