FINAL BILL REPORT

SHB 2463

                                  C 232 L 90

BYHouse Committee on State Government (originally sponsored by Representatives Van Luven, Morris, Silver, Anderson, Hankins, Winsley, Bowman, Beck, Jones, May, Wolfe and Miller)

Restricting release of vehicle registration records.

House Committe on State Government

Senate Committee on Transportation

SYNOPSIS AS ENACTED

BACKGROUND:

The name and address of a vehicle's owner is information that is available to members of the public from the Department of Licensing, county auditor, or other agent of the department.  A request for the information must be in written form and signed by the requestor.  The request is a public record available for public inspection and copying.  The disclosing agency must send the affected vehicle owner a notice that the request has been honored and list the name and address of the person who requested the information.  These restrictions regarding disclosure do not apply to persons who routinely request vehicle registration information for use in the course of their business or occupation.

The public disclosure laws prohibit a public agency from providing access to lists of individuals that are requested for commercial purposes unless the agency is expressly authorized by law to do so. The motor vehicle laws authorize the Department of Licensing to furnish lists of owners of motor vehicles to manufacturers of motor vehicles for satisfying provisions of federal law regarding safety related defects; government agencies for law enforcement or traffic safety purposes; or a business, for certain purposes, if the business regularly makes loans to other persons to finance the purchase of motor vehicles.

SUMMARY:

Disclosure of Vehicle Owner Information.  The Department of Licensing, a county auditor, or an agent of the department may continue to release the names or addresses of vehicle owners to governmental entities and to persons expressly authorized by the motor vehicle laws to receive such information.  However, this information may be released to other persons only under the following circumstances: the requesting party is a business that requests the information for use in the course of business; the request is a written request, signed by the requestor, identifying the name and address of the requesting party and the purposes for which the information will be used; and the requesting party enters into a disclosure agreement with the department promising to use the information only for the purposes stated and not for any unsolicited business contact.  The disclosing entity must retain the request for three years.

Whenever the department or its agent discloses such information to an attorney or private investigator, it must notify the vehicle owner regarding the disclosure and identify the name and address of the requesting party.

Penalties.  The department may review the activities of a person who receives vehicle record information to ensure compliance with limitations on its use.  It may suspend a person's access to such information for up to five years if the person violates the public disclosure laws or a disclosure agreement with the department.  The following are declared to be gross misdemeanors: unauthorized disclosure of information from a department vehicle record; use of a false representation to obtain information; use of information for a purpose other than stated in a request or under an agreement with the department; or the sale or other distribution of a vehicle owner's name or address to another person not disclosed in the request or agreement.

VOTES ON FINAL PASSAGE:

      House 95   0

      Senate    47     0 (Senate amended)

      House 92   0 (House concurred)

EFFECTIVE:June 7, 1990