BILL REQ. #:  H-3341.1 

Read first time 01/17/14.   Referred to Committee on Transportation.

     AN ACT Relating to the design and use of drivers' licenses, drivers' instruction permits, and identicards for minors; and amending RCW 46.20.105, 46.20.117, 70.155.090, and 66.20.180.

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

Sec. 1   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)) must distinguish drivers' licenses and drivers' instruction permits according to age of the holder as follows:
     (a) To indicate that the holder of a driver's license or instruction permit is under the age of eighteen, the text on the driver's license or instruction permit must be printed in red ink and the design must include the text "UNDER 18" in a conspicuous location on the front of the license or instruction permit.
     (b) To indicate that the holder of a driver's license or instruction permit is eighteen years of age or older but under the age of twenty-one, the text on the driver's license or instruction permit must be printed in yellow ink and the design must include the text "UNDER 21" in a conspicuous location on the front of the license or instruction permit.
     (c) To indicate that the holder of a driver's license or instruction permit is twenty-one years of age or older, the text on the driver's license or instruction permit must be printed in green ink.
     (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.

Sec. 2   RCW 46.20.117 and 2012 c 80 s 6 are each amended to read as follows:
     (1) Issuance. The department shall issue an identicard, containing a picture, if the applicant:
     (a) Does not hold a valid Washington driver's license;
     (b) Proves his or her identity as required by RCW 46.20.035; and
     (c) Pays the required fee. Except as provided in subsection (5) of this section, the fee is forty-five dollars from October 1, 2012, to June 30, 2013, and fifty-four dollars after June 30, 2013, unless an 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. For those persons the fee must be the actual cost of production of the identicard.
     (2) Design and term. The identicard must:
     (a) Be distinctly designed so that it will not be confused with the official driver's license and be distinguished according to age of the holder as follows:
     (i) To indicate that a person is under the age of eighteen, the text on the identicard must be printed in red ink and the design must include the text "UNDER 18" in a conspicuous location on the front of the identicard;
     (ii) To indicate that a person is eighteen years of age or older but under the age of twenty-one, the text on the identicard must be printed in yellow ink and the design must include the text "UNDER 21" in a conspicuous location on the front of the identicard;
     (iii) To indicate that a person is twenty-one years of age or older, the text on the identicard must be printed in green ink; and
     (b) Except as provided in subsection (5) of this section, expire on the sixth anniversary of the applicant's birthdate after issuance.
     (3) Renewal. An application for identicard renewal may be submitted by means of:
     (a) Personal appearance before the department; or
     (b) 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.
     (4) Cancellation. The department may cancel an identicard if the holder of the identicard used the card or allowed others to use the card in violation of RCW 46.20.0921.
     (5) Alternative issuance/renewal/extension. The department may issue or renew an identicard for a period other than five years from October 1, 2012, to June 30, 2013, or six years after June 30, 2013, or may extend by mail or electronic commerce an identicard that has already been issued, in order to evenly distribute, as nearly as possible, the yearly renewal rate of identicard holders. The fee for an identicard issued or renewed for a period other than five years from October 1, 2012, to June 30, 2013, or six years after June 30, 2013, or that has been extended by mail or electronic commerce, is nine dollars for each year that the identicard is issued, renewed, or extended. The department may adopt any rules as are necessary to carry out this subsection.

Sec. 3   RCW 70.155.090 and 2006 c 14 s 4 are each amended to read as follows:
     (1) ((Where)) (a) When there may be a question of a person's right to purchase or obtain tobacco products by reason of age, the retailer or agent ((thereof,)) shall require the purchaser to present any one of the following officially issued identification that shows the purchaser's age and bears his or her signature and photograph: (((a))) (i) Liquor control authority card of identification of a state or province of Canada; (((b))) (ii) driver's license, instruction permit, or identification card of ((a)) another state or a province of Canada; (((c))) (iii) driver's license, driver's instruction permit, or (("))identicard((")) issued by the Washington state department of licensing under chapter 46.20 RCW; (((d))) (iv) United States military identification; (((e))) (v) passport; (((f))) (vi) enrollment card, issued by the governing authority of a federally recognized Indian tribe located in Washington, that 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; or (((g))) (vii) merchant marine identification card issued by the United States coast guard.
     (b) If a person presents a driver's license, driver's instruction permit, or identicard issued by the Washington state department of licensing under chapter 46.20 RCW, the text on the driver's license, instruction permit, or identicard must be printed in yellow or green ink, pursuant to RCW 46.20.105 and 46.20.117, indicating that the purchaser is eighteen years of age or older.
     (2) It is a defense to a prosecution under RCW 26.28.080 that the person making a sale reasonably relied on any of the officially issued identification as defined in subsection (1) of this section. The liquor control board shall waive the suspension or revocation of a license if the licensee clearly establishes that he or she acted in good faith to prevent violations and a violation occurred despite the licensee's exercise of due diligence.

Sec. 4   RCW 66.20.180 and 2005 c 151 s 9 are each amended to read as follows:
     (1) A card of identification shall be presented by the holder thereof upon request of any licensee, store employee, contract liquor store manager, contract liquor store employee, peace officer, or enforcement officer of the board for the purpose of aiding the licensee, store employee, contract liquor store manager, contract liquor store employee, peace officer, or enforcement officer of the board to determine whether or not such person is of legal age to purchase liquor when such person desires to procure liquor from a licensed establishment or state liquor store or contract liquor store.
     (2) If a person presents a driver's license, driver's instruction permit, or identicard issued by the Washington state department of licensing under chapter 46.20 RCW, the text on the driver's license, instruction permit, or identicard must be printed in green ink, pursuant to RCW 46.20.105 and 46.20.117, indicating that the purchaser is twenty-one years of age or older.