Washington State House Approves Mexican Matricula Usage for ID

By Representatives Fromhold, Kenney, Moeller, Quall, Lovick, Sommers, Santos, Lantz, Conway and Upthegrove

AN ACT Relating to use of Mexican consular photo identification cards for identification purposes; amending RCW 46.20.035; adding a new section to chapter 46.20 RCW; adding a new section to chapter 30.04 RCW; adding a new section to chapter 30.38 RCW; adding a new section to chapter 31.12 RCW; adding a new section to chapter 31.45 RCW; adding a new section to chapter 32.04 RCW; adding a new section to chapter 35.21 RCW; adding a new section to chapter 35A.21 RCW; adding a new section to chapter 36.01 RCW; and creating new sections.

{+ NEW SECTION. +} Sec. 1. The legislature finds that many ordinary activities in modern society require possession of valid photo identification. For example, valid photo identification may be necessary to receive public services such as public utilities and library access. Valid photo identification may also be necessary to conduct routine transactions with financial institutions. Law enforcement officers may require valid photo identification from victims and witnesses of crimes. The legislature finds that the Mexican government has developed a photo identification card, known as a matricula consular, for Mexican nationals residing in the United States. The matricula consular contains the holder's photo, name, United States address, and date and place of birth. Numerous security features and checks have been added to the matricula consular. Many cities, states, law enforcement agencies, and financial institutions accept the matricula consular as a valid form of identification. The legislature finds that broadened recognition of the matricula consular as a valid form of identification will serve a public purpose by promoting access to many ordinary business or government services. The legislature also finds that broadened recognition of the matricula consular as a valid form of identification will promote important law enforcement purposes by encouraging the reporting of crimes, by increasing cooperation with law enforcement, and by avoiding efforts that law enforcement would otherwise have to make to establish identity. The legislature further finds that recognition of the matricula consular for identification purposes only does not alter or affect the holder's immigration status, nor does it entitle the holder to services for which the holder is ineligible due to immigration status. Finally, the legislature encourages the government of Mexico to continue its efforts to issue secure identification to its citizens living in the United States, and to consider including additional identifying information, such as physical description, on the matricula consular.

Sec. 2. RCW 46.20.035 and 1999 c 6 s 8 are each amended to read as follows: The department may not issue an identicard or a Washington state driver's license that is valid for identification purposes unless the applicant meets the identification requirements of subsection (1), (2), or (3) of this section. (1) A driver's license or identicard applicant must provide the department with at least one of the following pieces of valid identifying documentation that contains the signature and a photograph of the applicant: (a) A valid or recently expired driver's license or instruction permit that includes the date of birth of the applicant; (b) A Washington state identicard or an identification card issued by another state; (c) An identification card issued by the United States, a state, or an agency of either the United States or a state, of a kind commonly used to identify the members or employees of the government agency; (d) A military identification card; (e) A United States passport; or (f) An Immigration and Naturalization Service form. (2) An applicant who is a minor may establish identity by providing an affidavit of the applicant's parent or guardian. The parent or guardian must accompany the minor and display or provide: (a) At least one piece of documentation in subsection (1) of this section establishing the identity of the parent or guardian; and (b) Additional documentation establishing the relationship between the parent or guardian and the applicant. (3) A person unable to provide identifying documentation as specified in subsection (1) or (2) of this section may request that the department review other available documentation in order to ascertain identity. The department may waive the requirement if it finds that other documentation clearly establishes the identity of the applicant. {+ The department is authorized to adopt rules governing the use of the matricula consular, the identity card issued by the Mexican government to Mexican nationals residing in the United States, as identifying documentation. +} (4) The form of an applicant's name, as established under this section, must be the person's name of record for the purposes of this chapter. (5) If the applicant is unable to prove his or her identity under this section, the department shall plainly label the license "not valid for identification purposes."

{+ NEW SECTION. +} Sec. 3. A new section is added to chapter 46.20 RCW to read as follows: State and local law enforcement agencies are authorized to accept the matricula consular, the photo identity card issued by the Mexican government to Mexican nationals residing in the United States, as a valid form of identification for all law enforcement purposes for which a driver's license is not legally required.

{+ NEW SECTION. +} Sec. 4. A new section is added to chapter 30.04 RCW to read as follows: State-chartered banks are authorized to accept the matricula consular, the identity card issued by the Mexican government to Mexican nationals residing in the United States, as a valid form of identification.

{+ NEW SECTION. +} Sec. 5. A new section is added to chapter 30.38 RCW to read as follows: Out-of-state banks and national banks are encouraged to accept the matricula consular, the photo identity card issued by the Mexican government to Mexican nationals residing in the United States, as a valid form of identification.

{+ NEW SECTION. +} Sec. 6. A new section is added to chapter 31.12 RCW to read as follows: Credit unions are authorized to accept the matricula consular, the photo identity card issued by the Mexican government to Mexican nationals residing in the United States, as a valid form of identification. Federal credit unions are encouraged to accept the matricula consular, the photo identity card issued by the Mexican government to Mexican nationals residing in the United States, as a valid form of identification.

{+ NEW SECTION. +} Sec. 7. A new section is added to chapter 31.45 RCW to read as follows: Check cashers are authorized to accept the matricula consular, the photo identity card issued by the Mexican government to Mexican nationals residing in the United States, as a valid form of identification.

{+ NEW SECTION. +} Sec. 8. A new section is added to chapter 32.04 RCW to read as follows: Mutual savings banks are authorized to accept the matricula consular, the photo identity card issued by the Mexican government to Mexican nationals residing in the United States, as a valid form of identification.

{+ NEW SECTION. +} Sec. 9. A new section is added to chapter 35.21 RCW to read as follows: Cities and towns are authorized to accept the matricula consular, the photo identity card issued by the Mexican government to Mexican nationals residing in the United States, as valid identification for all purposes for which a driver's license is not legally required.

{+ NEW SECTION. +} Sec. 10. A new section is added to chapter 35A.21 RCW to read as follows: Code cities are authorized to accept the matricula consular, the photo identity card issued by the Mexican government to Mexican nationals residing in the United States, as valid identification for all purposes for which a driver's license is not legally required.

{+ NEW SECTION. +} Sec. 11. A new section is added to chapter 36.01 RCW to read as follows: Counties are authorized to accept the matricula consular, the photo identity card issued by the Mexican government to Mexican nationals residing in the United States, as valid identification for all purposes for which a driver's license is not legally required.

{+ NEW SECTION. +} Sec. 12. As used in this act, part headings constitute no part of the law.

{+ NEW SECTION. +} Sec. 13. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

PROPOSAL:
Herewith, be it known that no form of individual identification issued by any agency within the state of Washington on or after February 20, 2004 shall be deemed as valid, proper, or acceptable outside the state of Washington, proper.

"PROPOSAL:
Herewith, be it known that no form of individual identification issued by any agency within the state of Washington on or after February 20, 2004 shall be deemed as valid, proper, or acceptable outside the state of Washington, proper."

Yes, I agree, that is how it should be. I have a washington drivers license, but if I go to another state I should have to provide say, my passport and a notarized birth certificate as ID. Will it inconvenience me? Sure, but if our legislature wants to violate federal law so it can feel "good" about supporting "diversity" and "multiculturalism" and not "discriminating" against "willing workers" who lack "documentation", then we should pay the price. And that means all of us. So if the one of these feel good legislators gets pulled over while on state business in Hawaii, or Las Vegas they better have more than a Washington DL, or they are in trouble.

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