BILL REQ. #: H-3109.1
|State of Washington||63rd Legislature||2014 Regular Session|
Read first time 01/20/14. Referred to Committee on Transportation.
AN ACT Relating to creating a fee exemption for the disclosure of vehicle owner information; and amending RCW 46.12.635.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 46.12.635 and 2013 c 232 s 1 are each amended to read
(1) Notwithstanding the provisions of chapter 42.56 RCW, the name or address of an individual vehicle owner shall not be released by the department, county auditor, or agency or firm authorized by the department except under the following circumstances:
(a) The requesting party is a business entity that requests the information for use in the course of business;
(b) The request is a written request that is signed by the person requesting disclosure that contains the full legal name and address of the requesting party, that specifies the purpose for which the information will be used; and
(c) The requesting party enters into a disclosure agreement with the department in which the party promises that the party will use the information only for the purpose stated in the request for the information; and that the party does not intend to use, or facilitate the use of, the information for the purpose of making any unsolicited business contact with a person named in the disclosed information. The term "unsolicited business contact" means a contact that is intended to result in, or promote, the sale of any goods or services to a person named in the disclosed information. The term does not apply to situations where the requesting party and such person have been involved in a business transaction prior to the date of the disclosure request and where the request is made in connection with the transaction.
(2) Where both a mailing address and residence address are recorded on the vehicle record and are different, only the mailing address will be disclosed. Both addresses will be disclosed in response to requests for disclosure from courts, law enforcement agencies, or government entities with enforcement, investigative, or taxing authority and only for use in the normal course of conducting their business.
(3) The disclosing entity shall retain the request for disclosure for three years.
(4)(a) Whenever the disclosing entity grants a request for information under this section by an attorney or private investigator, the disclosing entity shall provide notice to the vehicle owner, to whom the information applies, that the request has been granted. The notice must only include: (i) That the disclosing entity has disclosed the vehicle owner's name and address pursuant to a request made under this section; (ii) the date that the disclosure was made; and (iii) that the vehicle owner has five days from receipt of the notice to contact the disclosing entity to determine the occupation of the requesting party.
(b) Except as provided in (c) of this subsection, the only information about the requesting party that the disclosing entity may disclose in response to a request made by a vehicle owner under (a) of this subsection is whether the requesting party was an attorney or private investigator. The request by the vehicle owner must be submitted to the disclosing entity within five days of receipt of the original notice.
(c) In the case of a vehicle owner who submits to the disclosing entity a copy of a valid court order restricting another person from contacting the vehicle owner or his or her family or household member, the disclosing entity shall provide the vehicle owner with the name and address of the requesting party.
(5) Any person who is furnished vehicle owner information under this section shall be responsible for assuring that the information furnished is not used for a purpose contrary to the agreement between the person and the department.
(6) This section shall not apply to requests for information by governmental entities or requests that may be granted under any other provision of this title expressly authorizing the disclosure of the names or addresses of vehicle owners.
(7) This section shall not apply to title history information under RCW 19.118.170.
(8) Except for business entities licensed under chapter 46.80 RCW, the department shall charge a fee of two dollars for each record returned pursuant to a request made by a business entity under subsection (1) of this section and deposit the fee into the highway safety account.