WSR 97-14-103

PROPOSED RULES

DEPARTMENT OF LICENSING

[Filed July 2, 1997, 10:50 a.m.]

Original Notice.

Exempt from preproposal statement of inquiry under RCW 34.05.310(4).

Title of Rule: WAC 308-10-050 Exemptions.

Purpose: Incorporates provisions of the federal Driver's Privacy Protection Act of 1994 in the agency's rule regarding exemptions to the public disclosure provisions of chapter 42.17 RCW and clarifies language.

Statutory Authority for Adoption: RCW 46.01.110.

Statute Being Implemented: 18 USC 2721 et seq.

Summary: Provides that the department shall not release personal information from records pertaining to motor vehicle operator's permits, motor vehicle titles, motor vehicle registrations, and identification cards where such release is in conflict with the prohibitions on release and use of certain personal information in the Driver's Privacy Protection Act of 1994. The proposal also clarifies existing language of WAC 308-10-050.

Reasons Supporting Proposal: Violation of the federal Driver's Privacy Protection Act of 1994 would subject the department to criminal and civil penalties.

Name of Agency Personnel Responsible for Drafting: Clark J. Holloway, Highways-Licenses Building, (360) 902-3846; Implementation and Enforcement: Judith Giniger, Highways-Licenses Building, (360) 902-3847.

Name of Proponent: Department of Licensing, governmental.

Rule is necessary because of federal law, 18 USC 2721 et seq.

Explanation of Rule, its Purpose, and Anticipated Effects: WAC 308-10-050 outlines exemptions to public disclosure under chapter 42.17 RCW. The amendment provides that the department shall not release personal information from records pertaining to motor vehicle operator's permits, motor vehicle titles, motor vehicle registrations, and identification cards where such release would conflict with the provisions of the federal Driver's Privacy Protection Act of 1994. The amendment also clarifies existing language within WAC 308-10-050.

Proposal Changes the Following Existing Rules: A new subsection is added to WAC 308-10-050 to accommodate the privacy provisions of the federal Driver's Privacy Protection Act of 1994. Existing language is clarified.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The proposed amendment is exempt under RCW 19.85.025(2) because the proposal is adopting or incorporating a federal statute without material change, as provided in RCW 34.05.310 (4)(c) and clarifies language as provided in RCW 46.05.310 (4)(d).

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. Proposal is adopting or incorporating a federal statute without material change and provides clarification of existing language.

Hearing Location: Department of Licensing, Highways-Licenses Building, Room 413, Olympia, WA 98507, on August 6, 1997, at 1:30 p.m.

Assistance for Persons with Disabilities: Contact Department of Licensing by August 5, 1997, TDD (360) 664-8885, or (360) 902-3846.

Submit Written Comments to: Department of Licensing, P.O. Box 9030, Olympia, WA 98507-9030, FAX (360) 586-8351, by August 5, 1997.

Date of Intended Adoption: August 7, 1997.

July 2, 1997

Judith Giniger

Assistant Director

AMENDATORY SECTION (Amending WSR 92-09-107, filed 4/20/92)

WAC 308-10-050 Exemptions. (1) The department ((reserves the right to)) may determine that a public record requested is exempt under the provisions of RCW 42.17.310 or other law.

(2) ((In addition, pursuant to)) Under RCW 42.17.260, the department ((reserves the right to)) may delete identifying details when it makes available or publishes any public record, in any cases when there is reason to believe that disclosure of such details would be an invasion of personal privacy protected by chapter 42.17 RCW. ((The department shall identify and explain in writing any deletion of information from any public record.))

(3) The department will not release personal information, as defined in 18 USC 2725(3), from records pertaining to motor vehicle operator's licenses and permits, motor vehicle titles, motor vehicle registrations, and identification cards, where the release is in conflict with the prohibitions in 18 USC 2721.

(4) All denials of requests for public records ((must)) will be accompanied by a written statement specifying the reason for the denial, including a statement of the specific exemption authorizing the withholding of the record and a brief explanation of how the exemption applies to the record withheld.

[Statutory Authority: RCW 42.17.250. 92-09-107, 308-10-050, filed 4/20/92, effective 5/21/92; Order MV 348, 308-10-050, filed 12/24/75.]

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