WSR 07-06-059

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed March 5, 2007, 11:44 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 06-23-098.

Title of Rule and Other Identifying Information: WAC 308-93-010 Definitions, 308-93-087 Disclosure of names and addresses of individual vessel owners, 308-93-088 Disclosure violations, penalties, 308-56A-090 Disclosure of individual vehicle owner information, and 308-56A-500 Definitions.

Hearing Location(s): Department of Licensing, Conference Room 108, 1125 Washington Street S.E., Olympia, WA 98507, on April 24, 2007, at 10 a.m.

Date of Intended Adoption: May 22, 2007.

Submit Written Comments to: Dale R. Brown, P.O. Box 2957, Mailstop 48205, 1125 Washington Street S.E., Olympia, WA 98507-2957, e-mail dbrown@dol.wa.gov, fax (360) 902-7821 or 902-7822, by April 23, 2007.

Assistance for Persons with Disabilities: Contact Dale R. Brown by April 23, 2007, TTY (360) 664-8885.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Rule making is required to reflect changes to state law that restrict disclosure of vehicle/vessel information.

Reasons Supporting Proposal: Changes make the rules more user friendly, reflect legislative intent.

Statutory Authority for Adoption: RCW 88.02.070 and 88.02.100.

Rule is not necessitated by federal law, federal or state court decision.

Name of Proponent: , governmental.

Name of Agency Personnel Responsible for Drafting: Dale Brown, 1125 Washington Street S.E., Olympia, WA, (360) 902-4020; Implementation: Hanna Fultz, 1125 Washington Street S.E., Olympia, WA, (360) 902-3625; and Enforcement: Eileen Boman, 1125 Washington Street S.E., Olympia, WA, (360) 902-3668.

No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required pursuant to RCW 19.85.030 (1)(a). The proposed rule making does not impose more than a minor cost on businesses in the industry.

A cost-benefit analysis is not required under RCW 34.05.328. The contents of the proposed rules are explicitly and specifically dictated by statute.

March 2, 2007

Mykel D. Gable

Assistant Director

Vehicle Services

OTS-9585.2


AMENDATORY SECTION(Amending WSR 06-23-038, filed 11/7/06, effective 12/8/06)

WAC 308-56A-500   Definitions.   The following definitions apply to terms used in chapters 46.12 and 46.16 RCW and chapter 308-56A WAC:

(1) "Affidavit in lieu of title" is a written declaration confirming the certificate of ownership, registration certificate, validation tab are unavailable, lost, stolen, destroyed or mutilated. The affidavit in lieu of title may be used to release interest in the vehicle. The signature of the owner completing the affidavit in lieu of title must be notarized or certified as described in WAC 308-56A-270.

(2) "Affidavit of loss" is a written statement confirming the certificate of ownership, registration certificate, validation tab or decal has been lost, stolen, destroyed or mutilated. The affidavit of loss release of interest form may be used to release interest in the vehicle and transfer gross weight license for that vehicle to a new owner. The signature of the owner completing the affidavit of loss release of interest must be notarized or certified as described in WAC 308-56A-270.

(3) "Affixed" means attached.

(4) "Brands" means a permanent notation on the certificate of ownership and vehicle registration certificate that records a circumstance or condition involving a vehicle.

(5) "Brands incident date" is the date that a brand was first applied to a vehicle. For states/jurisdictions participating in the National Motor Vehicle Title Information System (NMVTIS), it's the date the brand was first reported. For all other states/jurisdictions, it is established by using the date the current title was issued. Brands on Washington records prior to the effective date of this rule will reflect a brand incident date equal to the date the last Washington certificate of ownership was issued.

(6) "Certificate of ownership" (also referred to as "certificate of title" or "title") is a legal document indicating proof of ownership and will establish a fact or sustain a judgment unless contradictory evidence is produced. A certificate of ownership may be a document other than a title when a title document is not issued by a jurisdiction. For example, for Canadian vehicles, the certificate of ownership is the registration.

(7) "Comment" means an indication on the certificate of ownership, vehicle title/registration application or vehicle registration certificate that relates to tax liability, type of ownership, title transaction type or a previous condition of the vehicle.

(8) "Commercial parking company" means any business directly engaged in providing vehicle parking upon property owned or controlled by the business and approved for public parking of vehicles.

(9) "Current license plate registration" means the current registration or one that has been expired less than one year.

(10) "Declaration in lieu of title" is a written statement confirming the certificate of ownership, registration certificate, validation tab is unavailable, lost, stolen, destroyed, or mutilated. The declaration in lieu of title may be used to release interest in the vehicle. The signature of the owner completing the declaration in lieu of title must be signed under penalty of perjury, as described in WAC 308-56A-270.

(11) "Declaration of loss" is a written statement confirming the certificate of ownership, registration certificate, validation tab or decal has been lost, stolen, destroyed, or mutilated. The declaration of loss release of interest form may be used to release interest in the vehicle and transfer gross weight license for that vehicle to a new owner. The signature of the owner completing the declaration of loss release of interest must be signed under penalty of perjury, as described in WAC 308-56A-270.

(12) "Department" means the same as described in RCW 46.04.162.

(13) "Department temporary permit" is a permit issued temporarily in lieu of permanent registration and license plates when required documentation is unavailable.

(14) "Electronic filing" is the use of an electronic method to transmit information to the department that may include, but is not limited to, the use of the internet and facsimile.

(15) "Involuntary divestiture" means a change in vehicle ownership without the registered owner's involvement.

(16) "Joint tenancy with rights of survivorship" (JTWROS) means two or more people who own a vehicle in joint tenancy with the right to own individually if one of them dies.

(17) "Jurisdiction code" means an abbreviation assigned by the department generally based on the U.S. Postal Service designation that indicates state, province, district, or country.

(18) "Legal owner" means the same as described in RCW 46.04.270.

(19) "Lien holder" means a person or entity that has a legal right or interest in another's property until a debt or duty that it secures is satisfied.

(20) "Natural person" means a human being.

(21) "Normal course of business" means for use in the normal course of business by a legitimate business or its agent, employees, or contractors, but only:

(a) To verify the accuracy of personal information submitted by the individual to the business or its agencies, employees, or contractors; and

(b) If such information is not correct or is no longer correct, to obtain correct information, but only for the purposes of preventing fraud by, pursing legal remedies against, or recovering on a debt or security interest against the individual. If acting as agent of lien holder, requestor must submit proof of contract with lien holder.

(22) "Not eligible for road use" (NEFRU) means a vehicle that does not meet Federal Motor Vehicle Safety standards, other federal and/or state standards for public road use as adopted, applied, and enforced by the Washington state patrol described in RCW 46.37.005.

(((22))) (23) "A declaration under penalty of perjury" means a statement signed by the applicant to the effect - "I declare under penalty of perjury under the laws of the state of Washington that the information I have provided on this form is true and correct. Anyone who knowingly makes a false statement may be guilty of a crime under state law.

(((23))) (24) "Person" means the same as described in RCW 46.04.405.

(((24))) (25) "Personal representative" means:

(a) An individual appointed by the court; or

(b) An individual named in the last will and testament and confirmed by the court to manage the estate of a deceased person.

Personal representative may also include executor, administrator, special administrator, and guardian or limited guardian and special representative as defined in RCW 11.02.005(1).

(((25))) (26) "Private investigator" means a person who is licensed under chapter 18.165 RCW, and is employed by a private investigator agency for the purpose of investigation, escort or bodyguard services, or property loss prevention activities.

(27) "Registered owner" means the same as described in RCW 46.04.460.

(((26))) (28) "Security interest" means a property interest created by agreement or by operation of law to secure performance of an obligation (repayment of a debt).

(((27))) (29) "Security interest holders" means in this instance, the same as "lien holder" as defined in subsection (16) of this section.

(((28))) (30) "Secured party" means in this instance the same as "lien holder" as defined in subsection (16) of this section.

(((29))) (31) "Standard brand" is a brand found on the brands list maintained by the National Motor Vehicle Title Information System (NMVTIS) program.

(((30))) (32) "Transferee" means a person to whom a vehicle is transferred, by purchase, gift, or any means other than by creation of a security interest, and any person who, as agent, signs an odometer disclosure statement for the transferee, when applicable.

(((31))) (33) "Transferor" means a person who transfers ownership in a vehicle by sale, gift, or any means other than by creation of a security interest and any person who, as agent, signs an odometer disclosure statement for the transferor, when applicable.

(((32))) (34) "Unique brand" means a brand issued by a state that is not participating in the National Motor Vehicle Title Information System (NMVTIS) program and does not appear on the brands list maintained by NMVTIS.

(((33))) (35) "Unsolicited business contact" means (for public disclosure rules) a contact that is intended to result in or promote the sale of any goods or services to a person named in the disclosure 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.

(36) "Vehicle seller's report of sale" is a document or electronic record transaction that protects the seller of a vehicle from certain criminal and civil liabilities arising from use of the vehicle by another person after the vehicle has been sold or a change of ownership has occurred.

(((34))) (37) A "vehicle" is a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.

(((35))) (38) "Washington vehicle licensing office" means an office that is operated by the department or an agent or subagent appointed under RCW 46.01.140 for the purpose of carrying out the vehicle titling and registration provisions in Title 46 RCW.

[Statutory Authority: RCW 46.01.110 and 46.12.101. 06-23-038, 308-56A-500, filed 11/7/06, effective 12/8/06. Statutory Authority: RCW 46.16.010. 05-23-135, 308-56A-500, filed 11/22/05, effective 1/3/06. Statutory Authority: RCW 46.01.110. 05-07-152, 308-56A-500, filed 3/23/05, effective 5/15/05; 04-08-081, 308-56A-500, filed 4/6/04, effective 5/7/04; 02-19-016, 308-56A-500, filed 9/9/02, effective 10/10/02. Statutory Authority: RCW 65.20.110. 00-13-083, 308-56A-500, filed 6/20/00, effective 7/21/00; 00-06-004, 308-56A-500, filed 2/18/00, effective 3/20/00; 90-11-091, 308-56A-500, filed 5/18/90, effective 6/18/90.]

OTS-8755.2


AMENDATORY SECTION(Amending WSR 01-16-105, filed 7/30/01, effective 8/30/01)

WAC 308-93-087   Disclosure of names and addresses of individual vessel owners.   (1) What vessel record information is protected from disclosure?

Vessel information protected from disclosure is the same as under chapters ((42.17)) 42.56 and 46.12 RCW ((which)) that includes((:

(a) Name and address information;

(b) Social Security numbers;

(c) Uniform Business Identifier; and

(d) Telephone numbers)) name and addresses.

(2) Who may receive disclosure of individual vessel owner names and addresses? Under the provisions of chapters 42.56 and 42.12 RCW, the department may disclose the names and addresses of vessel owners to:

(a) Government agencies;

(b) ((Any business entity)) Business entities that ((uses the name and address)) require the information in their normal course of business ((in accordance with these rules));

(c) Vessel manufacturers who require vessel ownership information for recall of their own products;

(d) A vessel owner for their own vessel; or

(e) Individuals who meet the criteria listed in subsection (((6))) (7) of this section.

(3) What documentation does the department require to disclose vessel owner names and addresses to authorized businesses or entities?

The department requires:

(a) The requestor to legibly complete and sign a records disclosure request form provided by the department ((and completed by the applicant)); and

(b) Contains the full legal name and address of the requesting party and/or business specifying the purpose for which the information will be used; and

(c) State the specific "nature of the business" that requires the need for the disclosure of information (example: The exact purpose of the business and main business function); and

(d) Acceptable business entity verification.

(4) What is acceptable business verification?

For purposes of this section acceptable business verification includes:

(((a) If a licensed Washington business, a copy of its current unexpired master business license;

(b) If a business not required to be licensed in this state, its federal employer identification number/federal tax number (or Uniform Business Identifier) on its official letterhead with a notarized signature of the owner or an authorized representative;

(c) If an attorney, a copy of the current bar card; or

(d) If a private investigator, a copy of the current private investigator's license; or

(e) If an out-of-state business not licensed in Washington:

(i) If the business is required to be licensed, a copy of its current business license issued by the governmental authority with jurisdiction over the license; or

(ii) If the business is not required to be licensed, its federal employer identification number/federal tax number on its official letterhead with a notarized signature of the owner or an authorized representative.))


If requestor is: Then requestor must provide:
A licensed Washington business A legible copy of current unexpired master business license
A business not required to be licensed in this state Its federal employer identification number/federal tax number (FEIN or Uniform Business Identifier UBI) on official letterhead with a notarized signature of the owner or an authorized representative; or
Letter showing exemption from business licensing and applicable law
An attorney A (legible) copy of the bar card; and
A copy of current business license for working as an attorney; and/or
Official letterhead with a notarized signature of the owner or an authorized representative of the law firm the requestor is employed by
A private investigator A (legible) copy of the current private investigator's license; and
Business license for working as a private investigator; and/or
Official letterhead with a notarized signature of the owner or an authorized representative of the private investigator firm the requestor is employed by
An out-of-state business not licensed in Washington (i) If the business is required to be licensed, a (legible) copy of its current business license issued by the governmental authority with jurisdiction over the license; or
(ii) If the business is not required to be licensed, its federal employer identification number/federal tax number (FEIN) on its official letterhead with a notarized signature of the owner or an authorized representative.
Letter showing exemption from business licensing and applicable law

(5) If a business entity has entered into an agreement with the department, is a separate request for each inquiry ((required)) needed?

No. If a business entity has entered into a written agreement with the department, a separate request for each inquiry is not ((required)) needed.

(6) When may an individual be provided vessel owner name and address information?

(a) When the owner of record is requesting the information; or

(b) When the requester presents a bill of sale or other evidence of ownership and needs the ownership information of record to obtain a release of interest.

(7) For what purpose may the department disclose the names and addresses of vessel owners? Under the provisions of chapters 42.56 and 46.12 RCW, the department may disclose the names and addresses of vessel owners when:

(a) The requesting party is a business entity that requires the information to function in their normal course of business;

(b) The request is in writing, signed by the person requesting disclosure, contains the full legal name and address of the requesting party and/or business, and specifies the lawful purpose for which the information will be used;

(c) The requesting party enters into a disclosure agreement with the department in which the party:

(i) Agrees they will use the information only for the purpose stated in the request for the information; and

(ii) Will not use, or facilitate the use of the information for the purpose of making any unsolicited business contact with a person named in the disclosure information;

(d) Individuals who meet the criteria listed in subsection (4) of this section and have provided accurate verifiable supporting documentation.

(8) Who may release the vessel owner name and address information?

(a) The department of licensing; or

(b) Agents and subagents, only when disclosing information for purposes described in subsection (6)(b) of this section.

(((8) When may the department disclose the names and addresses of vessel owners?

Notwithstanding the provisions of chapter 42.17 RCW, the department may disclose the names and addresses of vessel owners when:

(a) The requesting party is a business entity that requests the information for use in their normal course of business;

(b) The request is in writing, signed by the person requesting disclosure, contains the full legal name and address of the requesting party and/or their business, and specifies the purpose for which the information will be used;

(c) The requesting party enters into a disclosure agreement with the department in which the party:

(i) Agrees they will use the information only for the purpose stated in the request for the information; and

(ii) Will not 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; and

(d) Individuals who meet the criteria listed in subsection (6) of this section.

(9) What does the term "unsolicited business contact" mean?

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 disclosure 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.

(10) Is)) (9) Will the department ((required to)) notify the vessel owner when ownership information is disclosed?

((When the department grants a request from)) Yes, the notice will contain the name and address of the requesting party if an attorney or private investigator((, for information under this section, the department will provide notice to the vessel owner that the request has been granted. In addition, the notice will contain the name and address of the requesting party)). Additionally, if a contract holder releases owner information to a private investigator or attorney, they must notify the vessel owner that a request has been granted and include the name and address of the requesting party.

(((11))) (10) How long will the department retain the request for disclosure of vessel owner information?

The department will retain the request for disclosure for three years.

(((12))) (11) Who is responsible for assuring that the information is used appropriately?

((Any person, business, entity or association)) It is the joint responsibility of citizens, businesses and the public sector that receives vessel owner information under this section ((is responsible for assuring)) to assure that the information received is not used for ((a)) any purpose contrary to the agreement between the person, business, entity or association and the department.

[Statutory Authority: RCW 88.02.070, 88.02.100. 01-16-105, 308-93-087, filed 7/30/01, effective 8/30/01; 99-01-134, 308-93-087, filed 12/21/98, effective 1/21/99; 92-24-035, 308-93-087, filed 11/25/92, effective 12/26/92. Statutory Authority: RCW 88.02.070. 88-24-003 (Order TL/RG 47), 308-93-087, filed 11/29/88.]


AMENDATORY SECTION(Amending WSR 01-16-105, filed 7/30/01, effective 8/30/01)

WAC 308-93-088   Disclosure violations, penalties.   (1) What are violations of chapter ((42.17)) 42.56 and 46.12 RCW, this chapter, or a disclosure agreement with the department?

(a) ((The unauthorized disclosure of information from a department vessel record;)) The use of information obtained from the department vessel records for a purpose other than what is specifically stated in the request for information or in the disclosure agreement executed with the department;

(b) The use of a false representation to obtain information from the department's vessel records; or

(c) ((The use of information obtained from the department vessel records for a purpose other than what is stated in the request for information or in the disclosure agreement executed with the department; or

(d))) The sale or other distribution of any vessel owner name or address to another person not disclosed in the request or disclosure agreement.

(2) What are the penalties associated with these violations?

The department ((may)) must immediately suspend or revoke for up to five years the privilege of obtaining vessel record information.

The sale or other distribution of any vessel owner name or address to another person not disclosed in the request or disclosure agreement is a gross misdemeanor punishable by a fine not to exceed ten thousand dollars, or by imprisonment in a county jail not to exceed one year, or both such fine and imprisonment for each violation.

In addition:

(a) The unauthorized disclosure of information from a department vessel record; or

(b) The use of a false representation to obtain information from the department's vessel records; or

(c) The use of information obtained from the department vessel records for a purpose other than what is stated in the request for information or in the disclosure agreement executed with the department((; or

(d) The sale or other distribution of any vessel owner name or address to another person not disclosed in the request or disclosure agreement is a gross misdemeanor punishable by a fine not to exceed ten thousand dollars, or by imprisonment in a county jail not to exceed one year, or both such fine and imprisonment for each violation)).

[Statutory Authority: RCW 88.02.070, 88.02.100. 01-16-105, 308-93-088, filed 7/30/01, effective 8/30/01; 99-01-134, 308-93-088, filed 12/21/98, effective 1/21/99. Statutory Authority: RCW 88.02.070, 88.02.100 and 46.12.380. 96-03-046, 308-93-088, filed 1/11/96, effective 2/11/96. Statutory Authority: RCW 88.02.070 and 88.02.100. 92-24-035, 308-93-088, filed 11/25/92, effective 12/26/92.]

OTS-9584.2


AMENDATORY SECTION(Amending WSR 06-15-059, filed 7/12/06, effective 8/12/06)

WAC 308-56A-090   Disclosure of individual vehicle owner information.   (1) What vehicle record owner information is protected from disclosure? Vehicle information protected from disclosure is the same as under chapters 42.56 and 46.12 RCW which includes((:

(a))) name and address information((;

(b) Social Security numbers;

(c) Medical or disability information; and

(d) Telephone numbers)).

(2) Who may receive disclosure of individual vehicle owner names and addresses? Under the provisions of chapters 42.56 and 46.12 RCW, the department may disclose the names and addresses of vehicle owners to:

(a) Government agencies ((that require use of name and address information in their normal course of business));

(b) ((Any business entity)) Business entities that require((s use of name and address)) the information in their normal course of business ((in accordance with these rules));

(c) Vehicle manufacturers who require vehicle ownership information for recall of their product;

(d) Individuals that provide proof of personal identification:

(i) For vehicles currently registered in their name; or

(ii) For vehicles they can provide a bill of sale or acceptable documents indicating that they purchased the vehicle.

(e) Please see subsection (3) of this section for additional restrictions.

Business and government entities requesting disclosure of individual vehicle owner names and addresses must enter into a disclosure agreement with the department.

(3) When both a mailing and residence address are recorded on the vehicle record, which address will be disclosed? 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 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.

(4) What documentation does the department require to disclose vehicle owner name(s) and address(es) to authorized businesses? The department requires:

(a) A ((signed and notarized vehicle/vessel)) record disclosure request ((application)) form provided by the department ((and)) legibly completed and signed by the ((applicant indicating the specific purpose for which the information will be used)) requestor; and

(b) ((A disclosure agreement with the department as required by RCW 46.12.380.)) Contains the full legal name and address of the requesting party and/or their business. Specify the purpose for which the information will be used; and

(c) ((Acceptable business entity verification; or)) State the specific "nature of the business" that required the need for the disclosure of information (example: The exact purpose of the business and main business function.); and

(d) ((A contract with the department.)) Acceptable business entity verification.

(5) What is acceptable business verification? For purposes of this section acceptable business verification includes:

(((a) If the requester is a licensed Washington business, a copy of its current master business license;

(b) If the requester is a business that is not required to be licensed in this state, its federal employer identification number/federal tax number (or Uniform Business Identifier) on official letterhead with a notarized signature of the owner or an authorized representative;

(c) If an attorney, a copy of the current bar card; or

(d) If a private investigator, a copy of the current private investigator's license.))


If requestor is: Then requestor must provide:
A licensed Washington business A legible copy of current unexpired master business license
A business not required to be licensed in this state Its federal employer identification number/federal tax number (FEIN or Uniform Business Identifier UBI) on official letterhead with a notarized signature of the owner or an authorized representative; or
Letter showing exemption from business licensing and applicable law
An attorney A (legible) copy of the bar card; and
A copy of current business license for working as an attorney; and/or
Official letterhead with a notarized signature of the owner or an authorized representative of the law firm the requestor is employed by
A private investigator A (legible) copy of the current private investigator's license; and
Business license for working as a private investigator; and/or
Official letterhead with a notarized signature of the owner or an authorized representative of the private investigator firm the requestor is employed by
An out-of-state business not licensed in Washington (i) If the business is required to be licensed, a (legible) copy of its current business license issued by the governmental authority with jurisdiction over the license; or
(ii) If the business is not required to be licensed, its federal employer identification number/federal tax number (FEIN) on its official letterhead with a notarized signature of the owner or an authorized representative.
Letter showing exemption from business licensing and applicable law

(6) Does a business need to supply a new form and copy of the business license each time vehicle information is requested? Yes, each time a request is made for vehicle information a new form and copy of the business license is needed, unless a contract exists between the business and the department.

(7) If a business entity has entered into a contract or agreement with the department, is a separate request for each inquiry ((required)) needed? No. If a business entity has entered into a signed contract between the business and the department, a separate request for each inquiry is not ((required)) needed.

(8) Are businesses allowed individual owner information on vehicle records? Yes, if a business requires individual owner information to conduct its regular business and qualifies under RCW 46.12.380 and 18 U.S.C. 27.21 (commonly known as Driver Privacy Protection Act), it may receive individual vehicle owner information.

(9) Who may release the vehicle owner name and address information?

(a) The public disclosure unit of the vehicle services division of the department of licensing; or

(b) Agents and subagents, but only when disclosing information for purposes described in subsection (2)(d) of this section.

(10) When may the department disclose the individual name(s) and address(es) of vehicle owners? ((Notwithstanding)) Under the provisions of chapters 42.56 and 46.12 RCW, the department may disclose names and addresses of vehicle owners when:

(a) The requesting party is a business entity that requests the information for use in their normal course of business;

(b) The request is in writing, signed by the person requesting disclosure, contains the full legal name and address of the requesting party and/or their business, and 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:

(i) Agrees they will use the information only for the purpose stated in the request for the information; and

(ii) Will not use, or facilitate the use of the information for the purpose of making unnecessary inquiries or any unsolicited business contact with a person named in the disclosed information.

(11) ((What does the term "unsolicited business contact" mean? 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 disclosure 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.)) When may an individual be provided vehicle owner name and address information?

(a) When the owner of record is requesting the information; or

(b) When the requestor presents a bill of sale or other evidence of ownership and needs the ownership information of record to obtain a release of interest.

(12) For what purpose may the department disclose the names and addresses of vehicle owners? Under the provisions of chapters 42.56 and 46.12 RCW, the department may disclose the names and addresses of vehicle owners when:

(a) The requesting party is a business entity that requires the information for use in their normal course of business;

(b) The request is in writing, signed by the person requesting disclosure, contains the full legal name and address of the requesting party and/or their business, and specifies the lawful purpose for which the information will be used;

The requesting party enters into a disclosure agreement with the department which the party:

(i) Agrees they will use the information only for the purpose stated in the request for the information; and

(ii) Will not use or facilitate the use of the information for the purpose of making any unnecessary inquiries or unsolicited business contact with a person named in the disclosed information.

(c) Individuals who meet the criteria listed in subsection (9) of this section and have provided accurate verifiable supporting documentation.

((Is)) (13) Will the department ((required to)) notify the vehicle owner when ownership information is disclosed? ((When the department grants a request from)) Yes, the notice to the vehicle owner will contain the name and address of the requesting party if an attorney or private investigator ((for)) is granted information under this section((, the department will provide notice to the vehicle owner that the request has been granted. The notice will provide the name and address of the requesting party)). Additionally, if a contract holder releases owner information to a private investigator or attorney, they must notify the vehicle owner that a request has been granted, and include the name and address of the requesting party.

(((13))) (14) How long will the department retain the request for disclosure of vehicle owner information? The department will retain the request for disclosure for ((three)) six years.

(((14))) (15) Who is responsible for assuring that the information obtained in disclosure is used appropriately? ((Any person, business, entity or association)) It is the joint responsibility of citizens, businesses and the public sector that receives vehicle owner information under this section ((is responsible for assuring)) to assure that the information received is not used for ((a)) any purpose contrary to the agreement between the person, business, entity or association and the department.

[Statutory Authority: RCW 46.01.110. 06-15-059, 308-56A-090, filed 7/12/06, effective 8/12/06. Statutory Authority: RCW 46.16.010, 46.12.370, and 46.12.380. 05-18-002, 308-56A-090, filed 8/25/05, effective 9/25/05. Statutory Authority: RCW 46.01.110, 46.12.101, 88.02.070. 02-01-123, 308-56A-090, filed 12/19/01, effective 1/19/02. Statutory Authority: RCW 46.01.110 and 46.12.101. 00-20-065, 308-56A-090, filed 10/3/00, effective 11/3/00; 98-12-099, 308-56A-090, filed 6/3/98, effective 7/4/98. Statutory Authority: RCW 42.17.250(1), 46.01.110, 46.12.151 and 46.12.380. 96-03-047, 308-56A-090, filed 1/11/96, effective 2/11/96. Statutory Authority: RCW 46.01.110 and 88.02.070. 91-03-088, 308-56A-090, filed 1/18/91, effective 2/18/91.]

OTS-9586.2


AMENDATORY SECTION(Amending WSR 06-21-025, filed 10/9/06, effective 11/9/06)

WAC 308-93-010   Definitions.   The following definitions apply to the rules in this chapter:

(1) "Bare boat" means a vessel rented without a captain or crew.

(2) "Carpenter certificate" means a certificate issued by a manufacturer describing the vessel and certifying the first conveyance of the vessel after its manufacture.

(3) "Certificate of ownership" means the ownership document issued by the department or other jurisdiction, sometimes referred to as a title.

(4) "Charter vessel" means a vessel rented with a crew.

(5) "Commercial fishing vessel" means a vessel primarily used for commercial or charter fishing.

(6) "Commercial passenger vessels" are vessels with a crew that carry passengers.

(7) "Conveyance" means transfer of title of a vessel from one person to another.

(((7))) (8) "Declaration of value form" means the department of licensing form used to declare the value for purposes of assessing excise tax when a vessel is acquired by lease, trade, gift, is homemade, or the most recent purchase price is not known.

(((8))) (9) "Director" means the director of the department of licensing.

(((9))) (10) "Display permit" means the document issued by the department, its agents or subagents, for display on the vessel for which it was issued under the authority of WAC 308-93-055 or 308-93-056.

(((10))) (11) "Docking hull" means vessels that are powered by one or more personal watercrafts and are designed for use with personal watercraft.

(((11))) (12) "Documented vessel" means a vessel that is documented by the United States Coast Guard and is issued a valid marine certificate.

(((12))) (13) "Exclusively" means solely and without exception.

(((13))) (14) "Foreign vessel" means a vessel registered in accordance with the laws of another state or jurisdiction. Also referred to as "out-of-country."

(((14))) (15) "Houseboat" means any vessel as defined in RCW 88.02.010(1). For registration and certificate of ownership purposes, a houseboat does not include any building on a float used in whole or in part for human habitation as a single-family dwelling which is not powered by self-propulsion by mechanical means or wind.

(((15))) (16) "Identification documents" means the vessel registration receipt and display permit issued under the authority of WAC 308-93-055 or 308-93-056.

(((16))) (17) "Issuing authority" means the number system has not been approved by the Coast Guard or it is a state or other jurisdiction that has a vessel identification numbering system approved by the Coast Guard. (Also see definition for out of country vessel.)

(((17))) (18) "Legal owner/secured party" means a person, business, or institution having a security interest in a vessel perfected in accordance with RCW 88.02.070.

(((18))) (19) "Lifeboat" means watercraft used exclusively for lifesaving purposes.

(((19))) (20) "Manufacturer's certificate of origin" (MCO) or "Manufacturer's statement of origin" (MSO) means a certificate issued by a manufacturer describing the vessel and certifying the first conveyance of the vessel after manufacture.

(((20))) (21) "Natural person" means a human being.

(22) "Normal course of business" means for use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only:

(a) To verify the accuracy of personal information submitted by the individual to the business or its agencies, employees, or contractors; and

(b) If such information submitted is not correct or is no longer correct, to obtain correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against the individual. If acting as agent of lien holder, requestor must submit proof of contract with lien holder.

(23) "Out-of-country vessel" means a vessel registered or numbered by the laws of another country or has a valid United States Customs Service Cruising License.

(((21))) (24) "Overall length" means a straight-line measurement of the overall distance from the foremost point of the vessel to the aftermost part of the vessel, measured parallel to the centerline. Bowsprits, bumpkins or boomkins, rudders, outboard motor brackets, outdrive units, propellers, and similar fittings or attachments are not included in the measurement.

(((22))) (25) "Paperless title" means electronic ownership record.

(((23))) (26) "Person" includes every natural person, firm, copartnership, corporation, association or organization.

(((24))) (27) "Personal watercraft" for the purpose of this rule has the same meaning as in RCW 79A.60.010, such as Jet Ski or Wet Bike.

(((25))) (28) "Primarily" means the principal purpose for which a vessel is used when considered in conjunction with all of its uses.

(((26))) (29) "Principal use" means when a vessel is used on waters of this state for one hundred eighty-three days or more.

(((27))) (30) "Private investigator" means a person who is licensed under chapter 18.165 RCW and is employed by a private investigator agency for the purpose of investigation, escort or bodyguard services, or property loss prevention activities.

(31) "Propulsion machinery/mechanical power" means any device providing motion to a vessel through such means as combustion, steam, or electric machinery.

(((28))) (32) "Racing vessel" is a vessel used exclusively in racing events.

(((29))) (33) "Release of interest" means the act of signing over any ownership in a vessel. A notarized or certified release of interest is also a document relinquishing interest in a vessel.

(((30))) (34) "Renewal notice" and "special mailer" means the notice to renew a vessel registration mailed by the department to the owner.

(((31))) (35) "Tender" means watercraft used exclusively to furnish transportation from a larger vessel to shore and return.

(((32))) (36) "Time share charters" means leased vessels where none of the parties leasing the vessel under a "time share" option agreement is acquiring an equity in the vessel and there is no option to buy.

(((33))) (37) "United States Customs Service Cruising License" means an annual certificate issued by U.S. Customs Service under 19 C.F.R. Sec. 4.94, which exempts pleasure boats from certain countries from formal entry and clearance procedures, from payment of tonnage tax and clearance fees at all but the first port of entry.

(((34))) (38) "Use of waters" means to navigate, operate, employ, or moor any vessel upon the waters.

(((35))) (39) "Unsolicited business contact" means (for public disclosure rules) a contact that is intended to result in or promote the sale of any goods or services to a person named in the disclosure 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.

(40) "Valid marine document" means a document issued by the Coast Guard which declares it to be a United States documented vessel.

(((36))) (41) "Vessel data form" means the form, approved by the department, completed by the applicant describing the vessel.

(((37))) (42) "Vessel seller's report of sale." A vessel seller's report of sale is a document that protects the seller from certain criminal and civil liabilities arising from use of the vessel by another person after the vessel has been sold or a change in ownership has occurred.

(((38))) (43) "Waters of this state" means any waters within the territorial limits of this state as defined in U.S. Code: Title 43, Section 1312.

[Statutory Authority: RCW 88.02.070 and 88.02.100. 06-21-025, 308-93-010, filed 10/9/06, effective 11/9/06; 01-21-072, 308-93-010, filed 10/18/01, effective 11/18/01; 01-03-128, 308-93-010, filed 1/23/01, effective 2/23/01; 00-11-131, 308-93-010, filed 5/23/00, effective 6/23/00; 98-16-029, 308-93-010, filed 7/29/98, effective 7/30/98. Statutory Authority: RCW 88.02.100 and United States v Washington, Subproceeding No. 88-1. 96-16-038, 308-93-010, filed 8/1/96, effective 9/1/96. Statutory Authority: RCW 88.02.070 and 88.02.100. 92-24-035, 308-93-010, filed 11/25/92, effective 12/26/92. Statutory Authority: RCW 88.02.120 and 88.02.100. 90-08-018, 308-93-010, filed 3/28/90, effective 4/28/90; 87-09-073 (Order TL/RG-32), 308-93-010, filed 4/22/87. Statutory Authority: RCW 88.02.030, 88.02.070, 88.02.120, 88.02.130, 88.02.140, 88.02.150 and 88.02.100. 86-10-068 (Order TL/RG 25), 308-93-010, filed 5/7/86. Statutory Authority: RCW 88.02.070 and 88.02.100. 84-19-026 (Order TL-RG 8), 308-93-010, filed 9/13/84. Statutory Authority: 1983 c 7 20 and 1983 2nd ex.s. c 3 46. 83-23-076 (Order 736-DOL), 308-93-010, filed 11/18/83.]

Washington State Code Reviser's Office