DEPARTMENT OF LICENSING

[Filed January 25, 2019, 3:49 p.m.]

Preproposal statement of inquiry was filed as WSR 18-22-131.

Title of Rule and Other Identifying Information: WAC 308-105-020 Application for enhanced driver's license or identicard.

Hearing Location(s): On March 13, 2019, at 11:00 a.m., at the Highways-Licenses Building, Conference Room 413, 1125 Washington Street S.E., Olympia, WA 98507. Check in at the first floor counter.

Date of Intended Adoption: March 14, 2019.

Submit Written Comments to: Wendy Walker, Contracts and Initiatives Program Manager, Department of Licensing, P.O. Box 9030, Olympia, WA 98507-9030, email wewalker@dol.wa.gov, by March 12, 2019.

Assistance for Persons with Disabilities: Contact Wendy Walker, contracts and initiatives program manager, phone 360-902-4089, email wewalker@dol.wa.gov, by March 11, 2019.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule making aligns with federal requirements and removes redundant language regarding signatures that are already required per law.

Reasons Supporting Proposal: This amendment will allow the state to stay in alignment with federal and state law.

Statutory Authority for Adoption: RCW 46.01.110 and 46.20.202.

Statute Being Implemented: RCW 46.20.202.

Rule is necessary because of federal law, 6 C.F.R. 37.

Name of Proponent: Department of licensing, governmental.

Name of Agency Personnel Responsible for Drafting, Implementation, and Enforcement: Wendy Walker, 1125 Washington Street S.E., Olympia, WA 98507, 360-902-4089.

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. These changes are technical in nature and have no fiscal impact.

This rule proposal, or portions of the proposal, is exempt from requirements of the Regulatory Fairness Act because the proposal:

Is exempt under RCW 19.85.061 because this rule making is being adopted solely to conform and/or comply with federal statute or regulations. Citation of the specific federal statute or regulation and description of the consequences to the state if the rule is not adopted: 6 C.F.R. 37.

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.

AMENDATORY SECTION(Amending WSR 07-22-031, filed 10/29/07, effective 11/29/07)

WAC 308-105-020Application for enhanced driver's license or identicard.

(1) An applicant for an enhanced driver's license must be eligible for a standard driver's license under chapter 46.20 RCW, provide the information required by RCW 46.20.091 and WAC 308-104-014, and establish his or her identity as provided by RCW 46.20.035 and WAC 308-104-040.

(2) An applicant for an enhanced identicard must be eligible for a standard identicard under chapter 46.20 RCW, provide the information required by RCW 46.20.117 and WAC 308-104-014, and establish his or her identity as provided by RCW 46.20.035 and WAC 308-104-040.

(3) ((An applicant for an enhanced driver's license or identicard must sign a declaration acknowledging that his or her photograph will be used as a facial recognition biometric identifier, and that he or she understands that the biometric identifier will be used in a one-to-many biometric matching system for purposes of verifying the identity of the applicant.

)) An applicant for an enhanced driver's license or identicard must sign a declaration acknowledging that he or she has been notified that the enhanced driver's license or identicard contains a radio frequency identification chip, that he or she has been given written information on the type of information the chip contains and how it may be used, and that tampering with or deactivating the chip will invalidate the enhanced driver's license or identicard for purposes of border crossing.

(((5)))(4) An applicant for an enhanced driver's license or identicard must provide the department with satisfactory proof of United States citizenship. United States citizenship may be established by providing at least one of the following pieces of documentation:

(a) A United States passport that is valid ((or has been expired for no more than five years));

(b) Certified state birth certificate;

(d) Certificate of citizenship; or

(e) Department of state consular report of birth abroad.

(((6)))(5) An applicant for an enhanced driver's license or identicard must provide the department with satisfactory proof of residency in the state of Washington.

(((7)))(6) An enhanced driver's license or identicard will not be issued to an applicant who is unable to provide the department with satisfactory proof required under this section.