WSR 14-17-046 PROPOSED RULES DEPARTMENT OF LICENSING [Filed August 14, 2014, 1:54 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 14-12-104.
Title of Rule and Other Identifying Information: Lists of vehicle owners—Definition of "legitimate businesses."
Hearing Location(s): Highways-Licenses Building, 1125 Washington Street S.E., Conference Room 413, Olympia, WA (check in at counter on first floor), on September 25, 2014, at 3:00 p.m.
Date of Intended Adoption: September 26, 2014.
Submit Written Comments to: Clark J. Holloway, P.O. Box 9030, Olympia, WA 98507-9030, e-mail cholloway@dol.wa.gov, fax (360) 570-7048, by September 24, 2014.
Assistance for Persons with Disabilities: Contact Clark J. Holloway by September 24, 2014, TTY (360) 664-0116.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Amend WAC 308-10-010 to add a definition for "legitimate businesses" for purposes of releasing lists of vehicle owners under RCW 46.12.630.
Reasons Supporting Proposal: A recent amendment to RCW 46.12.630 (section 1, chapter 79, Laws of 2014) authorizes the release of lists of vehicle owners to "legitimate businesses as defined by the department in rule."
Statutory Authority for Adoption: RCW 46.01.110 and 46.12.630.
Statute Being Implemented: RCW 46.12.630.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of licensing, governmental.
Name of Agency Personnel Responsible for Drafting: Clark J. Holloway, Highways-Licenses Building, Olympia, Washington, (360) 902-3846; Implementation and Enforcement: Julie Knittle, Highways-Licenses Building, Olympia, Washington, (360) 902-3763.
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 19.85.025(3).
A cost-benefit analysis is not required under RCW 34.05.328. RCW 34.05.328 does not apply to this proposed rule under the provisions of RCW 34.05.328 (5)(a)(i).
August 14, 2014
Damon Monroe
Rules Coordinator
AMENDATORY SECTION (Amending WSR 10-10-040, filed 4/27/10, effective 5/28/10)
WAC 308-10-010 Definitions.
(1) The definitions set forth in RCW 42.56.010 shall apply to this chapter.
(2) (("Designee" is a department employee authorized by the public records officer to receive and respond to a public records request.
(3))) "Commercial purpose" means using or intending to use information for the purpose of facilitating a profit expecting business activity.
(3) The "department of licensing" is the agency created pursuant to chapter 46.01 RCW. The department of licensing shall hereinafter be referred to as the department. Where appropriate, the term department also refers to the staff and employees of the department of licensing.
(4) "Designee" is a department employee authorized by the public records officer to receive and respond to a public records request.
(5) "Director" means the director of the department of licensing as appointed by the governor.
(((5) "Listing (list)" means an item-by-item series of names, figures, words or numbers written or printed one after the other.))
(6) "Individual" means a natural person.
(7) (("Commercial purpose" means using or intending to use information for the purpose of facilitating a profit expecting business activity.)) "Legitimate business," for purposes of RCW 46.12.630, means a company with a valid and unexpired business license that is:
(a) A licensed Washington business; or
(b) Not required to be licensed in this state, but has a federal employer identification number, federal tax number, or uniform business identifier (UBI).
(8) "Listing (list)" means an item-by-item series of names, figures, words, or numbers written or printed one after the other.
(9) "Profession" when applied to department records, or the release of department record information, means any state regulated business, profession or occupation administered by the assistant director, business and professions division.
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings. |