FINAL BILL REPORT

                  HB 2790

                          FULL VETO

Brief Description:  Authorizing the distribution of certain governmental lists of public information to private companies for use by federal, state or local governments.

Sponsors:  Representatives Dyer, Hymes, Scott, Wolfe, Honeyford, D. Schmidt and B. Thomas.

House Committee on Trade & Economic Development

Senate Committee on Government Operations

Background:  Under the state Public Disclosure Law, state agencies must make certain kinds of records and information public.  The law exempts certain personal and other records from public disclosure.  

The Department of Licensing is authorized to provide lists of registered and legal owners of motor vehicles to (1) manufacturers of motor vehicles for notifying of safety-related defects; (2) any governmental agencies of the United States and Canada, or their political subdivisions regarding enforcement of motor vehicle or traffic laws; and (3) businesses that make loans to other persons to finance the purchase of motor vehicles.

The Department of Revenue may not give, sell, or provide access to any list of taxpayers for any commercial purpose.

Summary:  A state agency is authorized to furnish lists of public information to private companies that provide on-line computer data base services with data bases consisting primarily of public records.  The state agency may provide information that is made available only to other federal, state, or local government agencies, including law enforcement agencies.  The state agency must obtain a written agreement that the lists will be provided only to federal, state, or local government agencies solely for law enforcement or governmental purposes.

The Department of Licensing (DOL) may furnish lists of registered and legal owners of motor vehicles to private companies that provide on-line computer data base services to federal, state, and local agencies for law enforcement or government purposes.  The DOL must obtain a written agreement that the lists will be provided only to persons authorized to receive the information.

The Department of Revenue (DOR) may furnish lists of taxpayer names, entity types, business addresses, mailing addresses, revenue tax registration numbers, a business standard industrial classification code, and dates of opening and closing of a business to companies that provide on-line computer data base services.  The DOR must obtain a written agreement that the lists will be provided only to federal, state, or local governments solely for law enforcement or governmental purposes.

A violation of these written agreements is considered an unfair or deceptive act in trade or commerce under the state's Consumer Protection Act.

Votes on Final Passage:

House     97 0

Senate    39 10 (Senate amended)

House     93 1 (House concurred)

House     94 0 (House reconsidered)