AN ACT Relating to creating an identicard program for certain incarcerated offenders; amending RCW 46.20.117 and 46.20.117; adding a new section to chapter 72.09 RCW; creating a new section; providing effective dates; providing an expiration date; and declaring an emergency.

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

NEW SECTION.  Sec. 2.  A new section is added to chapter 72.09 RCW to read as follows:

(1) The department, in conjunction with the department of licensing, must provide offenders with a state-issued identicard pursuant to RCW 46.20.117.

(2) An offender is eligible for an original, renewal, or replacement identicard under this section if he or she:

(a) Has been sentenced to a term of confinement totaling more than one year and committed to department custody;

(b) Is confined within a state correctional facility and has at least sixty days remaining on his or her confinement term as of the effective date of this section;

(c) Has not waived his or her right under this section to an identicard; and

(d) Does not have a current and valid state-issued identification card.

(3) An offender's valid identification card issued by the department may serve as sufficient proof of identity and residency under RCW 46.20.035 to obtain a state-issued identicard pursuant to RCW 46.20.117.

(4) An offender receiving a state-issued identicard pursuant to this section must pay a fee as established in RCW 46.20.117 to the department to offset the cost of obtaining the identicard. Provided such action does not reduce an offender's account below the indigency level, such costs may be paid or deducted from the offender's gross wages, gratuities, or the offender's personal inmate savings account. If an offender's inmate account is below the indigency level, or would become below the indigency level as a result of paying such fee, the department may pay or subsidize the cost associated with issuing the identicard to the offender.

Sec. 3.  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)(i) Does not hold a valid Washington driver's license;

(((b))) (ii) Proves his or her identity as required by RCW 46.20.035; and

(((c))) (iii) Pays the required fee. Except as provided in (b) of this subsection and 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; or

(ii) The department may charge the department of corrections a fee of the amount appropriate to cover the cost of production of an identicard issued under this subsection (1)(b).

(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

(b) Except as provided in subsection (1)(b) or (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. 4.  RCW 46.20.117 and 2014 c 185 s 2 are each amended to read as follows:

(1) Issuance. The department shall issue an identicard, containing a picture, if the applicant:

(a)(i) Does not hold a valid Washington driver's license;

(((b))) (ii) Proves his or her identity as required by RCW 46.20.035; and

(((c))) (iii) Pays the required fee. Except as provided in (b) of this subsection and 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; or

(ii) The department may charge the department of corrections a fee of the amount appropriate to cover the cost of production of an identicard issued under this subsection (1)(b).

(2)(a) Design and term. The identicard must:

(i) Be distinctly designed so that it will not be confused with the official driver's license; and

(ii) Except as provided in subsection (1)(b) or (5) of this section, expire on the sixth anniversary of the applicant's birthdate after issuance.

(b) The identicard may include the person's status as a veteran, consistent with RCW 46.20.161(2).

(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.

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