BILL REQ. #:  H-0776.1 

Read first time 01/21/11.   Referred to Committee on Transportation.

     AN ACT Relating to requiring an applicant for a driver's license or identicard to produce a valid social security number or other documentation that the applicant is lawfully within the United States; amending RCW 46.20.035; and adding a new section to chapter 46.20 RCW.

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 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)) 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 applicant for a driver's license or identicard must provide the department with a valid social security number or other valid documentation that the applicant is a United States citizen or is otherwise lawfully within the United States.
     (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 driver's license or identicard "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 must adopt rules to establish procedures for: (1) Verifying that an applicant for a driver's license or identicard has a valid social security number or other valid documentation that the applicant is a United States citizen or is otherwise lawfully within the United States; and (2) appeals hearings from denials and cancellations of drivers' licenses or identicards based on the requirement that a licensee or identicard holder possess a valid social security number, be a United States citizen, or otherwise be lawfully within the United States.