DEPARTMENT OF LICENSING
[Filed July 2, 2019, 11:06 a.m.]
Preproposal statement of inquiry was filed as WSR 19-01-106.
Title of Rule and Other Identifying Information: Chapter 308-104 WAC, Drivers' licenses.
Hearing Location(s): On August 12, 2019, at 5:00 p.m., at the Seattle Public Library, 1000 4th Avenue, Seattle, WA 98104; on August 13, 2019, at 5:00 p.m., at the Washington State Capitol, Columbia Room, 416 Sid Snyder Avenue S.W., Olympia, WA 98504; and on August 15, 2019, at 4:00 p.m., at the Spokane Public Library, 3324 South Perry Street, Spokane, WA 99203.
Date of Intended Adoption: August 16, 2019.
Submit Written Comments to: Ellis Starrett, P.O. Box 9020, Olympia, WA 98507, email RulesCoordinator@dol.wa.gov, by August 15, 2019.
Assistance for Persons with Disabilities: Contact Ellis Starrett, phone 360-902-3851, email firstname.lastname@example.org, by August 11, 2019.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This proposal will allow Washington state residents to select a nonbinary sex designation for driver licenses or identification cards.
Reasons Supporting Proposal: This WAC updates the department's policies and procedures for selecting a sex designation on a driver license or identification card. The new WAC allows nonbinary residents who are applying for a driver license or identification card to select a sex designation that accurately reflects their status as gender diverse, nonbinary, or gender nonconforming individuals.
Statutory Authority for Adoption: RCW 46.01.110
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of licensing, governmental.
Name of Agency Personnel Responsible for Drafting: Geoffrey Cunningham, Highways and Licenses Building, Olympia, Washington, 360-902-3655; Implementation and Enforcement: Greg Mukai, Highways and Licenses Building, Olympia, Washington, 360-902-3851.
A school district fiscal impact statement is not required under RCW 28A.305.135
A cost-benefit analysis is not required under RCW 34.05.328
. This change relates to internal government operations.
This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:
Is exempt under RCW 19.85.025
(3) as the rules relate only to internal governmental operations that are not subject to violation by a nongovernment party.
July 2, 2019
WAC 308-104-0150Changing sex designation on a driver's license, instruction permit, or identification card.
(1) Persons may change the sex designation on a driver's license, instruction permit, or identification card by means of completing a sex designation change application signed under penalty of perjury pursuant to chapter 9A.72
(2) For the purposes of this section, "X" means a sex that is not exclusively male or female.