Enhanced Drivers’ Licenses and Identicards

Suggested State Legislation: This Act permits the state department of licensing (DOL) to enter into a memorandum of understanding with a federal agency to facilitate border crossing between the state and Canada. The DOL may enter into an agreement with a Canadian province to implement a border crossing initiative. The DOL may issue an enhanced driver’s license or identicard to an applicant who, in addition to meeting all other driver’s license or identicard requirements, provides the DOL with proof of United States citizenship, identity, and state residency.

Submitted as:
Washington
Chapter 7, Laws of 2007
Status: Enacted into law in 2007.

Suggested State Legislation, 2009 Docket

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(Title, enacting clause, etc.)

Section 1. [Short Title.] This Act shall be cited as “An Act Relating to the Issuance 1 of Enhanced Drivers’ Licenses and Identicards to Facilitate Crossing the Canadian Border.”

Section 2. [Memorandum of Understanding, Enhanced Driver License, Identicard.]
(1) The [department] may enter into a Memorandum of Understanding with any federal agency for the purposes of facilitating the crossing of the border between this state and the [Canadian province of British Columbia].
(2) The [department] may enter into an agreement with the [Canadian province of British Columbia] for the purposes of implementing a border-crossing initiative.
(3) (a) The [department] may issue an enhanced driver’s license or Identicard for the purposes of crossing the border between this state and the [Canadian province of British Columbia] to an applicant who provides the [department] with proof of: United States citizenship, identity, and state residency. The [department] shall continue to offer a standard driver’s license and Identicard. If the [department] chooses to issue an enhanced driver’s license, the [department] must allow each applicant to choose between a standard driver’s license or Identicard, or an enhanced driver’s license or Identicard.
(b) The [department] shall implement a one-to-many biometric matching system for the enhanced driver’s license or Identicard. An applicant for an enhanced driver’s license or Identicard shall submit a biometric identifier as designated by the [department]. The biometric identifier must be used solely for the purpose of verifying the identity of the holders and for any purpose set out in [insert citation]. Applicants are required to sign a declaration acknowledging their understanding of the one-to-many biometric match.
(c) The enhanced driver’s license or Identicard must include reasonable security measures to protect the privacy of state residents, including reasonable safeguards to protect against unauthorized disclosure of data about this state’s residents. If the enhanced driver’s license or Identicard includes a Radio Frequency Identification Chip, or similar technology, the [department] shall ensure that the technology is encrypted or otherwise secure from unauthorized data access.
(d) The requirements of this subsection are in addition to the requirements otherwise imposed on applicants for a driver’s license or Identicard. The [department] shall adopt such rules as necessary to meet the requirements of this subsection. From time to time the [department] shall review technological innovations related to the security of identity cards and amend the rules related to enhanced driver’s licenses and Identicards as the [director] deems consistent with this section and appropriate to protect the privacy of residents of this state.
(e) Notwithstanding [insert citation], the [department] may make images associated with enhanced drivers’ licenses or Identicards from the negative file available to United States Customs and Border Agents for the purposes of verifying identity.
(4) The [department] may set a fee for the issuance of enhanced drivers’ licenses and Identicards under this section.

Section 3. [Statewide Education Campaign about this Act.] The [department] shall develop and implement a statewide education campaign to educate citizens about the border crossing initiative authorized by this Act. The educational campaign must include information on the forms include information on the time frames for implementation of laws that impact identification requirements at the border with [Canada].

Section 4. [Severability.] [Insert severability clause.]

Section 5. [Repealer.] [Insert repealer clause.]

Section 6. [Effective Date.] [Insert effective date.]