BILL REQ. #:  S-1548.1 

READ FIRST TIME 02/17/11.   

     AN ACT Relating to the issuance of drivers' licenses, drivers' instruction permits, juvenile agricultural driving permits, and identicards; amending RCW 46.20.035, 46.20.055, 46.20.070, 46.20.091, 46.20.105, 46.20.161, and 46.20.181; reenacting and amending RCW 66.16.040; adding new sections to chapter 46.20 RCW; creating a new section; repealing RCW 46.20.117; and providing an effective date.

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, driver's instruction permit, or juvenile agricultural driving permit 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)) An 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)) United States 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 identicard ((or a)), driver's license, driver's instruction permit, or juvenile agricultural driving permit 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) 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) If the applicant is unable to prove his or her identity under this section, the department shall plainly label the driver's license, driver's instruction permit, or juvenile agricultural driving permit "not valid for identification purposes."

NEW SECTION.  Sec. 2   A new section is added to chapter 46.20 RCW to read as follows:
     In order to apply for a driver's license, driver's instruction permit, juvenile agricultural driving permit, or identicard, the applicant must:
     (1) Provide his or her:
     (a) Name of record, as established by documentation required under RCW 46.20.035;
     (b) Date of birth, as established by satisfactory evidence of age;
     (c) Sex;
     (d) Washington residence address;
     (e) Documentation proving Washington residency;
     (f) Description;
     (g) Social security number or, if the applicant has not been issued a social security number, proof that the applicant is lawfully within the United States; and
     (h) Any additional information required by the department;
     (2) Indicate on a form provided by the department whether the applicant is a Washington resident. The form must be sworn to and signed by the applicant before a person authorized to administer oaths; and
     (3) Meet the requirements of RCW 46.20.035.
     A driver's license, driver's instruction permit, or juvenile agricultural driving permit issued to an applicant who has not been issued a social security number and who is otherwise unable to meet the requirements of subsection (1)(g) of this section must be plainly labeled "not valid for identification purposes."

Sec. 3   RCW 46.20.055 and 2010 c 223 s 1 are each amended to read as follows:
     (1) Driver's instruction permit. The department may issue a driver's instruction permit with or without a photograph to an applicant who has successfully passed all parts of the examination other than the driving test, provided the information required by RCW 46.20.091, paid a fee of twenty dollars, and meets the following requirements:
     (a) Is at least fifteen and one-half years of age; or
     (b) Is at least fifteen years of age and:
     (i) Has submitted a proper application; and
     (ii) Is enrolled in a traffic safety education program offered, approved, and accredited by the superintendent of public instruction or offered by a driver training school licensed and inspected by the department of licensing under chapter 46.82 RCW, that includes practice driving.
     (2) Waiver of written examination for instruction permit. The department may waive the written examination, if, at the time of application, an applicant is enrolled in:
     (a) A traffic safety education course as defined by RCW 28A.220.020(2); or
     (b) A course of instruction offered by a licensed driver training school as defined by RCW 46.82.280.
     The department may require proof of registration in such a course as it deems necessary.
     (3) Effect of instruction permit. A person holding a driver's instruction permit may drive a motor vehicle, other than a motorcycle, upon the public highways if:
     (a) The person has immediate possession of the permit;
     (b) The person is not using a wireless communications device, unless the person is using the device to report illegal activity, summon medical or other emergency help, or prevent injury to a person or property; and
     (c) An approved instructor, or a licensed driver with at least five years of driving experience, occupies the seat beside the driver.
     (4) Term of instruction permit. A driver's instruction permit is valid for one year from the date of issue or until the date the permittee's authorization to be within the United States expires, whichever occurs first.
     (a) The department may issue one additional ((one-year)) permit for one year or until the date the permittee's authorization to be within the United States expires, whichever occurs first.
     (b) The department may issue a third driver's permit for one year or until the date the permittee's authorization to be within the United States expires, whichever occurs first, if it finds after an investigation that the permittee is diligently seeking to improve driving proficiency.
     (c) A person applying to renew an instruction permit must submit the application to the department in person.

Sec. 4   RCW 46.20.070 and 2005 c 314 s 304 are each amended to read as follows:
     (1) Agricultural driving permit authorized. The director may issue a juvenile agricultural driving permit to a person under the age of eighteen years if:
     (a) The application is signed by the applicant and the applicant's father, mother, or legal guardian;
     (b) The applicant has passed the driving examination required by RCW 46.20.120;
     (c) The department has investigated the applicant's need for the permit and determined that the need justifies issuance;
     (d) The department has determined the applicant is capable of operating a motor vehicle without endangering himself or herself or other persons and property; and
     (e) The applicant has paid a fee of twenty dollars.
     The permit must contain a photograph of the person.
     (2) Effect of agricultural driving permit. (a) The permit authorizes the holder to:
     (i) Drive a motor vehicle on the public highways of this state in connection with farm work. The holder may drive only within a restricted farming locality described on the permit; and
     (ii) Participate in the classroom portion of a traffic safety education course authorized under RCW 28A.220.030 or the classroom portion of a traffic safety education course offered by a driver training school licensed and inspected by the department of licensing under chapter 46.82 RCW offered in the community where the holder resides.
     (b) The director may transfer the permit from one farming locality to another. A transfer is not a renewal of the permit.
     (3) Term and renewal of agricultural driving permit. An agricultural driving permit expires one year from the date of issue or until the date the permittee's authorization to be within the United States expires, whichever occurs first.
     (a) A person under the age of eighteen who holds a permit may renew the permit by paying a fee of fifteen dollars.
     (b) A person applying to renew an agricultural driving permit must submit the application to the department in person.
     (c) An agricultural driving permit is invalidated when a permittee attains age eighteen. In order to drive a motor vehicle on a highway he or she must obtain a motor vehicle driver's license under this chapter.
     (4) Suspension, revocation, or cancellation. The director has sole discretion to suspend, revoke, or cancel a juvenile agricultural driving permit if:
     (a) The permittee has been found to have committed an offense that requires mandatory suspension or revocation of a driver's license; or
     (b) The director is satisfied that the permittee has violated the permit's restrictions.

Sec. 5   RCW 46.20.091 and 2000 c 115 s 4 are each amended to read as follows:
     (1) Application. In ((order to apply)) addition to the application requirements under section 2 of this act, the applicant for a driver's license or driver's instruction permit ((the applicant)) must provide his or her((:
     (a) Name of record, as established by documentation required under RCW 46.20.035;
     (b) Date of birth, as established by satisfactory evidence of age;
     (c) Sex;
     (d) Washington residence address;
     (e) Description;
     (f))) driving licensing history, including:
     (((i))) (a) Whether the applicant has ever been licensed as a driver or chauffeur and, if so, (((A))) (i) when and by what state or country; (((B))) (ii) whether the license has ever been suspended or revoked; and (((C))) (iii) the date of and reason for the suspension or revocation; or
     (((ii))) (b) Whether the applicant's application to another state or country for a driver's license has ever been refused and, if so, the date of and reason for the refusal((; and
     (g) Any additional information required by the department)).
     (2) Sworn statement. An ((application)) applicant for ((an)) a driver's instruction permit or ((for an)) original driver's license must ((be made upon)) indicate, on a form provided by the department((. The form must include a section for the applicant to indicate)), whether he or she has received driver training and, if so, where. The identifying documentation verifying the name of record must be accompanied by the applicant's written statement that it is valid. The information provided on the form must be sworn to and signed by the applicant before a person authorized to administer oaths. ((An applicant who makes a false statement on an application for a driver's license or instruction permit is guilty of false swearing, a gross misdemeanor, under RCW 9A.72.040.))
     (3) Driving records from other jurisdictions. If a person previously licensed in another jurisdiction applies for a Washington driver's license, the department shall request a copy of the applicant's driver's record from the other jurisdiction. The driving record from the other jurisdiction becomes a part of the driver's record in this state.
     (4) Driving records to other jurisdictions. If another jurisdiction requests a copy of a person's Washington driver's record, the department shall provide a copy of the record. The department shall forward the record without charge if the other jurisdiction extends the same privilege to the state of Washington. Otherwise the department shall charge a reasonable fee for transmittal of the record.
     (5) Violation. An applicant who makes a false statement on an application for a driver's license or driver's instruction permit is guilty of false swearing, a gross misdemeanor, under RCW 9A.72.040.

NEW SECTION.  Sec. 6   A new section is added to chapter 46.20 RCW to read as follows:
     (1) The department may cancel an identicard if the holder of the identicard used the identicard or allowed others to use the identicard in violation of RCW 46.20.0921.
     (2) An applicant who makes a false statement on an application for an identicard is guilty of false swearing, a gross misdemeanor, under RCW 9A.72.040.

Sec. 7   RCW 46.20.105 and 2000 c 115 s 5 are each amended to read as follows:
     (1) The department may provide a method to distinguish the driver's license of a person who is under the age of twenty-one from the driver's license of a person who is twenty-one years of age or older.
     (2) ((An)) A driver's instruction permit must be identified as an "instruction permit" and issued in a distinctive form as determined by the department.
     (3) An intermediate license must be identified as an "intermediate license" and issued in a distinctive form as determined by the department.
     (4) An identicard must be distinctly designed so that it will not be confused with an official driver's license.

Sec. 8   RCW 46.20.161 and 2000 c 115 s 6 are each amended to read as follows:
     (1) The department, upon receipt of a fee of twenty-five dollars, unless the driver's license is issued for a period other than five years, in which case the fee shall be five dollars for each year that the license is issued, which includes the fee for the required photograph, shall issue to every qualifying applicant a driver's license. A driver's license issued to a person under the age of eighteen is an intermediate license, subject to the restrictions imposed under RCW 46.20.075, until the person reaches the age of eighteen. The license must include a distinguishing number assigned to the licensee, the name of record, date of birth, Washington residence address, photograph, 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 or her 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) The department, upon receipt of a fee of twenty dollars, shall issue to every qualifying applicant an identicard. If the applicant is a recipient of continuing public assistance grants under Title 74 RCW, who is referred in writing by the secretary of social and health services, the fee must be the actual cost of production of the identicard.

Sec. 9   RCW 46.20.181 and 1999 c 308 s 3 are each amended to read as follows:
     (1) ((Except as provided in subsection (4) of this section,)) Every driver's license expires on the fifth anniversary of the licensee's birthdate following the issuance of the license or until the date the licensee's authorization to be within the United States expires, whichever occurs first.
     (2) A person may renew his or her license on or before the expiration date by submitting an application as prescribed by the department and paying a fee of twenty-five dollars. This fee includes the fee for the required photograph.
     (3) A person renewing his or her driver's license more than sixty days after the license has expired shall pay a penalty fee of ten dollars in addition to the renewal fee, unless his or her license expired when:
     (a) The person was outside the state and he or she renews the license within sixty days after returning to this state; or
     (b) The person was incapacitated and he or she renews the license within sixty days after the termination of the incapacity.
     (4) ((During the period from July 1, 2000, to July 1, 2006, the department may issue or renew a driver's license for a period other than five years, or may extend by mail a license that has already been issued, in order to evenly distribute, as nearly as possible, the yearly renewal rate of licensed drivers. The fee for a driver's license issued or renewed for a period other than five years, or that has been extended by mail, is five dollars for each year that the license is issued, renewed, or extended. The department may adopt any rules as are necessary to carry out this subsection.)) Every identicard expires on the fifth anniversary of the identicard holder's birthday after issuance of the identicard or until the date the identicard holder's authorization to be within the United States expires, whichever occurs first.
     (5) An application for identicard renewal may be submitted (a) by means of personal appearance before the department and payment of a twenty dollar fee, or (b) by mail or electronic commerce if permitted by rule of the department and if the applicant did not renew his or her identicard by mail or by electronic commerce when it last expired. An identicard may not be renewed by mail or by electronic commerce unless the renewal issued by the department includes a photograph of the identicard holder. If the applicant is a recipient of continuing public assistance grants under Title 74 RCW, who is referred in writing by the secretary of social and health services, the fee must be the actual cost of production of the identicard.

NEW SECTION.  Sec. 10   A new section is added to chapter 46.20 RCW to read as follows:
     (1) Before issuing a driver's license, driver's instruction permit, juvenile agricultural driving permit, or identicard, the department shall:
     (a) Verify that the social security number submitted by the applicant is authentic and is associated with the applicant, or verify that the documents proving that the applicant is lawfully within the United States are authentic and are associated with the applicant; and
     (b) Verify that the residential address submitted by the applicant is a valid address and does not appear to be an address being used for fraudulent purposes.
     (2) Before issuing an identicard, the department shall verify that the applicant does not hold a valid Washington driver's license.
     (3)(a) If the department is unable to verify the applicant's social security number and residential address as described in subsection (1) of this section, the department shall put the application in pending status and advise the applicant that he or she has fourteen days to verify that he or she has provided the accurate residential address and social security number.
     (b) If, after fourteen days, the applicant has not responded to the department's notice of pending status or new information provided by the applicant is not verifiable, the department shall deny the application and the applicant may not receive a refund for fees paid.
     (4) If the department has reason to believe that any information provided by an applicant is fraudulent, the department may require additional documentation.
     (5) The department shall not mail a permanent driver's license, driver's instruction permit, juvenile agricultural driving permit, or identicard to an address outside the state of Washington unless it has verification that the applicant:
     (a) Lives on or near the border of Oregon or Idaho and has a mailing address in Oregon or Idaho but actually resides in Washington state;
     (b) Is a service member, as defined in RCW 46.20.027, or a dependent of the service member;
     (c) Is a dependent student who is a resident of Washington state; or
     (d) Meets the requirements of RCW 46.20.120(4).

Sec. 11   RCW 66.16.040 and 2005 c 206 s 1, 2005 c 151 s 5, and 2005 c 102 s 1 are each reenacted and amended to read as follows:
     Except as otherwise provided by law, an employee in a state liquor store or contract liquor store may sell liquor to any person of legal age to purchase alcoholic beverages and may also sell to holders of permits such liquor as may be purchased under such permits.
     Where there may be a question of a person's right to purchase liquor by reason of age, such person shall be required to present any one of the following officially issued cards of identification which shows his/her correct age ((and)), bears his/her signature and photograph, and is not labeled "not valid for identification purposes":
     (1) Driver's license, instruction permit, or identification card of any state or province of Canada, or (("))identicard((")) issued by the Washington state department of licensing pursuant to ((RCW 46.20.117)) chapter 46.20 RCW.
     (2) United States armed forces identification card issued to active duty, reserve, and retired personnel and the personnel's dependents, which may include an imbedded, digital signature in lieu of a visible signature.
     (3) Passport.
     (4) Merchant Marine identification card issued by the United States Coast Guard.
     (5) Enrollment card issued by the governing authority of a federally recognized Indian tribe located in Washington, if the enrollment card incorporates security features comparable to those implemented by the department of licensing for Washington drivers' licenses. At least ninety days prior to implementation of an enrollment card under this subsection, the appropriate tribal authority shall give notice to the board. The board shall publish and communicate to licensees regarding the implementation of each new enrollment card.
     The board may adopt such regulations as it deems proper covering the cards of identification listed in this section.
     No liquor sold under this section shall be delivered until the purchaser has paid for the liquor in cash, except as allowed under RCW 66.16.041. The use of a personal credit card does not rely upon the credit of the state as prohibited by Article VIII, section 5 of the state Constitution.

NEW SECTION.  Sec. 12   By January 1, 2012, the department of licensing shall educate the public of the ramifications of this act in terms of the changes in documentation that will be required when applying for a driver's license, driver's instruction permit, juvenile agricultural driving permit, or identicard.

NEW SECTION.  Sec. 13   RCW 46.20.117 (Identicards) and 2005 c 314 s 305, 2004 c 249 s 5, 2002 c 352 s 12, 1999 c 274 s 15, 1999 c 6 s 18, 1993 c 452 s 3, 1986 c 15 s 1, 1985 ex.s. c 1 s 3, 1985 c 212 s 1, 1981 c 92 s 2, 1971 ex.s. c 65 s 1, & 1969 ex.s. c 155 s 4 are each repealed.

NEW SECTION.  Sec. 14   Except for section 12 of this act, this act takes effect January 1, 2012.