WSR 09-19-110

PROPOSED RULES

DEPARTMENT OF LICENSING


[ Filed September 22, 2009, 8:01 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 09-16-027.

Title of Rule and Other Identifying Information: WAC 308-56A-040 Name and address -- Change of address.

Hearing Location(s): Department of Licensing, Conference Room 108, 1125 Washington Street S.E., Olympia, WA 98507, on November 2, 2009, at 10:00 a.m.

Date of Intended Adoption: November 24, 2009.

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 October 30, 2009.

Assistance for Persons with Disabilities: Contact Dale R. Brown by October 30, 2009, TTY (360) 664-8885.

Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Rule making is required to allow address changes from approved sources other than the registered owner of the vehicle.

Reasons Supporting Proposal: The purpose of this rule is to allow outside entities other than the registered owner to update change of address when change has been made and the department has not been updated.

Statutory Authority for Adoption: RCW 46.01.110.

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

Name of Agency Personnel Responsible for Drafting: Dale Brown, 1125 Washington Street S.E., Olympia, WA, (360) 902-4020; Implementation and Enforcement: Jennifer Dana, 1125 Washington Street S.E., Olympia, WA, (360) 902-3673.

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.

September 22, 2009

Walt Fahrer

Rules Coordinator

OTS-2674.1


AMENDATORY SECTION(Amending WSR 05-23-135, filed 11/22/05, effective 1/3/06)

WAC 308-56A-040   Name and address -- Change of address.   (1) If the registered owner's address changes, does the owner need to notify the department?

Yes.

(2) What information does the registered owner need to provide to the department if their address changes?

The owner must provide to the department ((with)):

(a) The registered owner's name (natural person or business) as it appears on the vehicle record(s);

(b) The license plate number or vehicle identification number (VIN) of each vehicle; and

(c) The ((new)) street address for the primary residence and ((at the choice of the registered owner,)) a separate mailing address if different from the primary residence address as defined in WAC 308-56A-030(2) ((with at least)). The address must include a five digit zip code ((and preferably a)) or the nine digit zip code if known.

(3) Who may file an address change or correction?

(a) The registered owner of the vehicle; or

(b) A public official, governmental agency, or taxing authority when proof of disputed residence is established; or

(c) A contractor who verifies or supplies correct addresses obtained from a public official or governmental agency.

This section does not relieve the registered owner of the responsibility to notify the department of an address change.

(4) Are there exceptions to the requirement to provide a primary residence street address on the department's change of address form?

Yes. ((To be exempt from the requirement to provide the primary resident street address,)) The registered owner must meet one of the exceptions in WAC 308-56A-030(4) and complete and sign a form developed by the department indicating which exception they meet.

(((4))) (5) Does the address need to conform to United States Postal Service (USPS) standards?

Yes. USPS address standards must be used on all vehicle records, registrations, and certificates of ownership.

(((5))) (6) When is the registered owner required to certify the truth of the address information provided ((when using the department's change of address form))?

((No.)) The registered owner ((will only be)) is required to complete and sign a declaration under penalty of perjury ((on a form developed by the department)) if the department ((has been presented with documentation or other information to indicate)) receives notice that there may be an error in the address information provided ((and)) for the vehicle record ((has been)). These records will be flagged to require the declaration be submitted before any transactions can be processed on that record.

(((6))) (7) What is the penalty if the applicant or registered owner provides false address information when changing an address?

A person providing false ((residency)) address information is guilty of a gross misdemeanor punishable by a fine of five hundred twenty-nine dollars.

(((7))) (8) Is my residence address subject to public disclosure?

((Where both a mailing address and a residence address are recorded on the vehicle record and are different, only a 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.)) The department of licensing complies with statutory standards for disclosure set out in chapter 46.12 RCW and the Driver's Privacy Protection Act set out in 18 U.S.C. Secs. 2721-2725.

[Statutory Authority: RCW 46.16.010. 05-23-135, 308-56A-040, filed 11/22/05, effective 1/3/06. Statutory Authority: RCW 46.01.110. 04-07-168, 308-56A-040, filed 3/23/04, effective 4/23/04; 03-05-081, 308-56A-040, filed 2/19/03, effective 3/22/03; 99-01-014, 308-56A-040, filed 12/7/98, effective 1/7/99; 92-15-024, 308-56A-040, filed 7/6/92, effective 8/6/92; Order MV 208, 308-56A-040, filed 7/31/74.]

Washington State Code Reviser's Office