SENATE BILL 5718
State of Washington 55th Legislature 1997 Regular Session
By Senators Wood, Newhouse, Haugen, Winsley and Oke; by request of Department of Licensing
Read first time 02/10/97. Referred to Committee on Transportation.
AN ACT Relating to restricting the release and use of certain personal information from state motor vehicle and driver records; amending RCW 46.12.370, 46.12.380, 46.52.060, and 46.52.120; reenacting and amending RCW 42.17.310, 46.52.130, and 46.63.020; adding a new chapter to Title 46 RCW; prescribing penalties; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. This chapter may be cited as the Uniform Motor Vehicle and Driver Records Disclosure Act.
NEW SECTION. Sec. 2. The purpose of this chapter is to implement the federal Driver's Privacy Protection Act of 1994 (Title XXX P.L. 103-322). The legislature finds that the people of the state of Washington recognize the public benefit derived from motor vehicle registration and titling, driver licensing, and the issuance of identification documentation, and that the people recognize the need to provide personal information to the state of Washington and its agencies in order to properly maintain records on these activities.
The legislature further finds that the people have a right to expect that personal information maintained in motor vehicle and driver records will be used only for purposes relating to the ownership or operation of a motor vehicle, for purposes of public safety, and as otherwise expressly required or permitted by law.
It is the intent of this act to protect the interests of individuals in their personal privacy by prohibiting the disclosure and use of personal information contained in their motor vehicle and driver records, except as authorized by those individuals or by law.
NEW SECTION. Sec. 3. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) "Disclose" means to engage in any practice or conduct to make available and make known personal information contained in a motor vehicle or driver record about a person to any other person, organization, or entity, by any means of communication.
(2) "Individual record" is a motor vehicle or driver record containing personal information about a designated person who is the subject of the record as identified in a request.
(3) "Motor vehicle or driver record" means any record that pertains to a motor vehicle operator's or driver's license or permit, motor vehicle registration, motor vehicle title, or identification document issued by the department of licensing, or other state or local agency authorized to issue any of such forms of credentials.
(4) "Person" means an individual, organization, or entity, but does not include the state of Washington or an agency thereof.
(5) "Personal information" means information that identifies a person, including an individual's photograph or computerized image, social security number, driver identification number, name, address (but not the five-digit zip code), telephone number, and medical or disability information, but does not include information on vehicular accidents, driving or equipment-related violations, and driver's license or registration status.
(6) "Record" includes all books, papers, photographs, photostats, cards, films, tapes, recordings, electronic data, printouts, or other documentary materials regardless of physical form or characteristics.
NEW SECTION. Sec. 4. Notwithstanding chapter 42.17 RCW to the contrary, except as provided in section 5, 6, or 7 of this act, the department and any officer, employee, agent, or contractor thereof shall not disclose personal information about any person obtained by the department in connection with a motor vehicle or driver record.
NEW SECTION. Sec. 5. Personal information referred to in section 4 of this act shall be disclosed for use in connection with matters of motor vehicle or driver safety and theft, motor vehicle emissions, motor vehicle product alterations, recalls, or advisories, performance monitoring of motor vehicles and dealers by motor vehicle manufacturers, and removal of nonowner records from the original owner records of motor vehicle manufacturers to carry out the purposes of the Federal Automobile Information Disclosure Act, 15 U.S.C. Sec. 1231 et seq., the Motor Vehicle Information and Cost Saving Act, 15 U.S.C. Sec. 1901 et seq., the National Traffic and Motor Vehicle Safety Act of 1966, 15 U.S.C. Sec. 1381 et seq., the Anti-Car Theft Act of 1992, 15 U.S.C. Sec. 2021 et seq., and the Clean Air Act, 42 U.S.C. Sec. 7401 et seq.
NEW SECTION. Sec. 6. Nothing in this chapter prevents the disclosure of personal information referred to in section 4 of this act to a requesting person if the person demonstrates, in a form and manner prescribed by the department, that the person has obtained the written consent of the person who is the subject of the information.
NEW SECTION. Sec. 7. Personal information referred to in section 4 of this act may be disclosed as otherwise permitted by law to any person by the department, its officers, employees, or contractors, on proof of the identity of the person requesting a record or records and representation by such person that the use of the personal information will be strictly limited to one or more of the following described uses:
(1) For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting on behalf of a government agency in carrying out its functions;
(2) For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles, motor vehicle parts, and dealers; motor vehicle market research activities, including survey research; and removal of nonowner records from the original owner records of motor vehicle manufacturers;
(3) 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 agents, employees, or contractors; and
(b) If such information as so submitted is not correct or is no longer correct, to obtain the 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;
(4) For use in connection with any civil, criminal, administrative, or arbitral proceeding in any court or government agency or before any self-regulatory body, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of any court;
(5) For use in research activities, and for use in producing statistical reports, so long as the personal information is not published, redisclosed, or used to contact individuals;
(6) For use by any insurer or insurance support organization, or by a self-insured entity, or its agents, employees, or contractors, in connection with claims investigation activities, anti-fraud activities, rating, or underwriting;
(7) For use in providing notice to the legal and registered owners of towed or impounded vehicles;
(8) For use by any licensed private investigative agency or licensed security service for any purpose permitted under this section;
(9) For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver's license that is required under the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. App. 2710 et seq.);
(10) For use in connection with the operation of private toll transportation facilities; and
(11) For any other use specifically authorized by law that is related to the operation of a motor vehicle or public safety.
NEW SECTION. Sec. 8. Disclosure of personal information required or permitted under sections 5 through 7 of this act shall be subject to payment by the requesting person to the department of all fees for the information required by statute, regulation, administrative practice, or the terms of any contract with the requesting person, on such terms for payment as may be required or agreed, or as may be determined by the department within the constraints of law.
NEW SECTION. Sec. 9. In addition to provisions for payment of applicable fees, the department may, prior to the disclosure of personal information as permitted under sections 5 through 7 of this act, require the meeting of conditions by the requesting person for the purposes of obtaining reasonable assurance concerning the identity of such requesting person, and, to the extent required, that the use will be only as authorized, or the consent of the person who is the subject of the information has been obtained. Such conditions may include, but need not be limited to, the making and filing of a written application in such form and containing such information and certification requirements as the department may prescribe.
NEW SECTION. Sec. 10. An authorized recipient of personal information may resell or redisclose the information for any use permitted under section 7 of this act if such resale or redisclosure is otherwise permitted by law, and subject to any applicable agreement with the department.
NEW SECTION. Sec. 11. The department is authorized to adopt rules to carry out the purposes of this chapter.
NEW SECTION. Sec. 12. Any person requesting the disclosure of personal information from department records who knowingly misrepresents his or her identity or knowingly makes a false statement to the department on any application required to be submitted pursuant to this chapter shall be guilty of false swearing, a gross misdemeanor, under RCW 9A.72.040.
Sec. 13. RCW 42.17.310 and 1996 c 305 s 2, 1996 c 253 s 302, 1996 c 191 s 88, and 1996 c 80 s 1 are each reenacted and amended to read as follows:
(1) The following are exempt from public inspection and copying:
(a) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients.
(b) Personal information in files maintained for employees, appointees, or elected officials of any public agency to the extent that disclosure would violate their right to privacy.
(c) Information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would (i) be prohibited to such persons by RCW 82.32.330 or (ii) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer.
(d) Specific intelligence information and specific investigative records compiled by investigative, law enforcement, and penology agencies, and state agencies vested with the responsibility to discipline members of any profession, the nondisclosure of which is essential to effective law enforcement or for the protection of any person's right to privacy.
(e) Information revealing the identity of persons who are witnesses to or victims of crime or who file complaints with investigative, law enforcement, or penology agencies, other than the public disclosure commission, if disclosure would endanger any person's life, physical safety, or property. If at the time a complaint is filed the complainant, victim or witness indicates a desire for disclosure or nondisclosure, such desire shall govern. However, all complaints filed with the public disclosure commission about any elected official or candidate for public office must be made in writing and signed by the complainant under oath.
(f) Test questions, scoring keys, and other examination data used to administer a license, employment, or academic examination.
(g) Except as provided by chapter 8.26 RCW, the contents of real estate appraisals, made for or by any agency relative to the acquisition or sale of property, until the project or prospective sale is abandoned or until such time as all of the property has been acquired or the property to which the sale appraisal relates is sold, but in no event shall disclosure be denied for more than three years after the appraisal.
(h) Valuable formulae, designs, drawings, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.
(i) Preliminary drafts, notes, recommendations, and intra-agency memorandums in which opinions are expressed or policies formulated or recommended except that a specific record shall not be exempt when publicly cited by an agency in connection with any agency action.
(j) Records which are relevant to a controversy to which an agency is a party but which records would not be available to another party under the rules of pretrial discovery for causes pending in the superior courts.
(k) Records, maps, or other information identifying the location of archaeological sites in order to avoid the looting or depredation of such sites.
(l) Any library record, the primary purpose of which is to maintain control of library materials, or to gain access to information, which discloses or could be used to disclose the identity of a library user.
(m) Financial information supplied by or on behalf of a person, firm, or corporation for the purpose of qualifying to submit a bid or proposal for (i) a ferry system construction or repair contract as required by RCW 47.60.680 through 47.60.750 or (ii) highway construction or improvement as required by RCW 47.28.070.
(n) Railroad company contracts filed prior to July 28, 1991, with the utilities and transportation commission under RCW 81.34.070, except that the summaries of the contracts are open to public inspection and copying as otherwise provided by this chapter.
(o) Financial and commercial information and records supplied by private persons pertaining to export services provided pursuant to chapter 43.163 RCW and chapter 53.31 RCW, and by persons pertaining to export projects pursuant to RCW 43.23.035.
(p) Financial disclosures filed by private vocational schools under chapters 28B.85 and 28C.10 RCW.
(q) Records filed with the utilities and transportation commission or attorney general under RCW 80.04.095 that a court has determined are confidential under RCW 80.04.095.
(r) Financial and commercial information and records supplied by businesses or individuals during application for loans or program services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW, or during application for economic development loans or program services provided by any local agency.
(s) Membership lists or lists of members or owners of interests of units in timeshare projects, subdivisions, camping resorts, condominiums, land developments, or common-interest communities affiliated with such projects, regulated by the department of licensing, in the files or possession of the department.
(t) All applications for public employment, including the names of applicants, resumes, and other related materials submitted with respect to an applicant.
(u) The residential addresses and residential telephone numbers of employees or volunteers of a public agency which are held by the agency in personnel records, employment or volunteer rosters, or mailing lists of employees or volunteers.
(v) The residential addresses and residential telephone numbers of the customers of a public utility contained in the records or lists held by the public utility of which they are customers.
(w)(i) The federal social security number of individuals governed under chapter 18.130 RCW maintained in the files of the department of health, except this exemption does not apply to requests made directly to the department from federal, state, and local agencies of government, and national and state licensing, credentialing, investigatory, disciplinary, and examination organizations; (ii) the current residential address and current residential telephone number of a health care provider governed under chapter 18.130 RCW maintained in the files of the department, if the provider requests that this information be withheld from public inspection and copying, and provides to the department an accurate alternate or business address and business telephone number. On or after January 1, 1995, the current residential address and residential telephone number of a health care provider governed under RCW 18.130.140 maintained in the files of the department shall automatically be withheld from public inspection and copying unless the provider specifically requests the information be released, and except as provided for under RCW 42.17.260(9).
(x) Information obtained by the board of pharmacy as provided in RCW 69.45.090.
(y) Information obtained by the board of pharmacy or the department of health and its representatives as provided in RCW 69.41.044, 69.41.280, and 18.64.420.
(z) Financial information, business plans, examination reports, and any information produced or obtained in evaluating or examining a business and industrial development corporation organized or seeking certification under chapter 31.24 RCW.
(aa) Financial and commercial information supplied to the state investment board by any person when the information relates to the investment of public trust or retirement funds and when disclosure would result in loss to such funds or in private loss to the providers of this information.
(bb) Financial and valuable trade information under RCW 51.36.120.
(cc) Client records maintained by an agency that is a domestic violence program as defined in RCW 70.123.020 or 70.123.075 or a rape crisis center as defined in RCW 70.125.030.
(dd) Information that identifies a person who, while an agency employee: (i) Seeks advice, under an informal process established by the employing agency, in order to ascertain his or her rights in connection with a possible unfair practice under chapter 49.60 RCW against the person; and (ii) requests his or her identity or any identifying information not be disclosed.
(ee) Investigative records compiled by an employing agency conducting a current investigation of a possible unfair practice under chapter 49.60 RCW or of a possible violation of other federal, state, or local laws prohibiting discrimination in employment.
(ff) Business related information protected from public inspection and copying under RCW 15.86.110.
(gg) Financial, commercial, operations, and technical and research information and data submitted to or obtained by the clean Washington center in applications for, or delivery of, program services under chapter 70.95H RCW.
(hh) Information and documents created specifically for, and collected and maintained by a quality improvement committee pursuant to RCW 43.70.510, regardless of which agency is in possession of the information and documents.
(ii) Personal information in files maintained in a data base created under RCW 43.07.360.
(jj) Personal information maintained by the department of licensing in connection with motor vehicle or driver records, as provided in section 4 of this act.
(2) Except for information described in subsection (1)(c)(i) of this section and confidential income data exempted from public inspection pursuant to RCW 84.40.020, the exemptions of this section are inapplicable to the extent that information, the disclosure of which would violate personal privacy or vital governmental interests, can be deleted from the specific records sought. No exemption may be construed to permit the nondisclosure of statistical information not descriptive of any readily identifiable person or persons.
(3) Inspection or copying of any specific records exempt under the provisions of this section may be permitted if the superior court in the county in which the record is maintained finds, after a hearing with notice thereof to every person in interest and the agency, that the exemption of such records is clearly unnecessary to protect any individual's right of privacy or any vital governmental function.
(4) Agency responses refusing, in whole or in part, inspection of any public record shall include a statement of the specific exemption authorizing the withholding of the record (or part) and a brief explanation of how the exemption applies to the record withheld.
Sec. 14. RCW 46.12.370 and 1982 c 215 s 1 are each amended to read as follows:
In addition to any other authority which it may have, and subject to section 4 of this act, the department of licensing may furnish lists of registered and legal owners of motor vehicles only for the purposes specified in this section to:
The manufacturers of motor vehicles, or their authorized agents, to be used to
enable those manufacturers to carry out the provisions of the Federal
Automobile Information Disclosure Act (15 U.S.C. Sec. 1231 et seq.), the Motor
Vehicle Information and Cost Saving Act (15 U.S.C. Sec. 1901 et seq.), the
National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. Sec. ((
1381 et seq.), the Anti-Car Theft Act of 1992 (15 U.S.C. Sec. 2021 et
seq.), and the Clean Air Act (42 U.S.C. Sec. 7401 et seq.), including
amendments or additions thereto, respecting safety-related defects in motor
(2) Any governmental agency of the United States or Canada, or political subdivisions thereof, to be used by it or by its authorized commercial agents or contractors only in connection with the enforcement of motor vehicle or traffic laws by, or programs related to traffic safety of, that government agency. Only such parts of the list as are required for completion of the work required of the agent or contractor shall be provided to such agent or contractor; or
(3) Any business regularly making loans to other persons to finance the purchase of motor vehicles, to be used to assist the person requesting the list to determine ownership of specific vehicles for the purpose of determining whether or not to provide such financing. In the event a list of registered and legal owners of motor vehicles is used for any purpose other than that authorized in subsections (1), (2) and (3) of this section, the manufacturer, governmental agency, financial institution or their authorized agents or contractors responsible for the unauthorized disclosure or use will be denied further access to such information by the department of licensing.
Sec. 15. RCW 46.12.380 and 1995 c 254 s 10 are each amended to read as follows:
(1) Notwithstanding the provisions of chapter 42.17 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 as provided in section 5, 6, or 7 of this act and 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) The disclosing entity shall retain the request for disclosure for three years.
(3) 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 also shall contain the name and address of the requesting party.
(4) 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.
(5) 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.
(6) This section shall not apply to title history information under RCW 19.118.170.
Sec. 16. RCW 46.52.060 and 1979 c 158 s 161 are each amended to read as follows:
It shall be the duty of the chief of the Washington state patrol to file, tabulate, and analyze all accident reports and to publish annually, immediately following the close of each fiscal year, and monthly during the course of the year, statistical information based thereon showing the number of accidents, the location, the frequency and circumstances thereof and other statistical information which may prove of assistance in determining the cause of vehicular accidents.
Such accident reports and analysis or reports thereof shall be available to the director of licensing, the department of transportation, the utilities and transportation commission, or their duly authorized representatives, for further tabulation and analysis for pertinent data relating to the regulation of highway traffic, highway construction, vehicle operators and all other purposes, and to publish information so derived as may be deemed of publication value, within the constraints of section 4 of this act.
Sec. 17. RCW 46.52.120 and 1993 c 501 s 12 are each amended to read as follows:
(1) The director shall keep a case record on every motor vehicle driver licensed under the laws of this state, together with information on each driver, showing all the convictions and findings of traffic infractions certified by the courts, together with an index cross-reference record of each accident reported relating to such individual with a brief statement of the cause of the accident. The chief of the Washington state patrol shall furnish the index cross-reference record to the director, with reference to each driver involved in the reported accidents.
(2) The records shall be for the confidential use of the director, the chief of the Washington state patrol, the director of the Washington traffic safety commission, and for such police officers or other cognizant public officials as may be designated by law, and shall not be disclosed except as permitted under section 5, 6, or 7 of this act and as otherwise permitted by law. Such case records shall not be offered as evidence in any court except in case appeal is taken from the order of the director, suspending, revoking, canceling, or refusing a vehicle driver's license.
(3) The director shall tabulate and analyze vehicle driver's case records and suspend, revoke, cancel, or refuse a vehicle driver's license to a person when it is deemed from facts contained in the case record of such person that it is for the best interest of public safety that such person be denied the privilege of operating a motor vehicle. Whenever the director orders the vehicle driver's license of any such person suspended, revoked, or canceled, or refuses the issuance of a vehicle driver's license, such suspension, revocation, cancellation, or refusal is final and effective unless appeal from the decision of the director is taken as provided by law.
Sec. 18. RCW 46.52.130 and 1996 c 307 s 4 and 1996 c 183 s 2 are each reenacted and amended to read as follows:
certified abstract of the driving record shall be furnished only to the
individual named in the abstract, an employer or prospective employer or an
agent acting on behalf of an employer or prospective employer if the named
individual's employment involves the operation of a motor vehicle, the
insurance carrier that has insurance in effect covering the employer or a
prospective employer, the insurance carrier that has insurance in effect
covering the named individual, the insurance carrier to which the named
individual has applied, an alcohol/drug assessment or treatment agency approved
by the department of social and health services, to which the named individual
has applied or been assigned for evaluation or treatment, or city and county
prosecuting attorneys. For purposes of section 7(11) of this act, the
disclosure of personal information contained in the abstract of the driving
record to an alcohol/drug assessment or treatment agency shall be authorized
for purposes of public safety. City attorneys and county prosecuting
attorneys may provide the driving record to alcohol/drug assessment or
treatment agencies approved by the department of social and health services to
which the named individual has applied or been assigned for evaluation or
treatment. The director, upon proper request, shall furnish a certified
abstract covering the period of not more than the last three years to insurance
companies. Upon proper request, the director shall furnish a certified
abstract covering a period of not more than the last five years to state
approved alcohol/drug assessment or treatment agencies, except that the
certified abstract shall also include records of alcohol-related offenses as
defined in RCW 46.01.260(2) covering a period of not more than the last ten
years. Upon proper request, a certified abstract of the full driving record
maintained by the department shall be furnished to a city or county prosecuting
attorney, to the individual named in the abstract or to an employer or
prospective employer or an agent acting on behalf of an employer or prospective
employer of the named individual. The abstract, whenever possible, shall
include an enumeration of motor vehicle accidents in which the person was
driving; the total number of vehicles involved; whether the vehicles were
legally parked or moving; whether the vehicles were occupied at the time of the
accident; any reported convictions, forfeitures of bail, or findings that an
infraction was committed based upon a violation of any motor vehicle law; and
the status of the person's driving privilege in this state. The enumeration
shall include any reports of failure to appear in response to a traffic
citation or failure to respond to a notice of infraction served upon the named
individual by an arresting officer. Certified abstracts furnished to
prosecutors and alcohol/drug assessment or treatment agencies shall also
indicate whether a recorded violation is an alcohol-related offense as defined
in RCW 46.01.260(2) that was originally charged as one of the alcohol-related
offenses designated in RCW 46.01.260(2)((
The abstract provided to the insurance company shall exclude any information, except that related to the commission of misdemeanors or felonies by the individual, pertaining to law enforcement officers or fire fighters as defined in RCW 41.26.030, or any officer of the Washington state patrol, while driving official vehicles in the performance of occupational duty. The abstract provided to the insurance company shall include convictions for RCW 46.61.525 (1) and (2) except that the abstract shall report them only as negligent driving without reference to whether they are for first or second degree negligent driving. The abstract provided to the insurance company shall exclude any deferred prosecution under RCW 10.05.060, except that if a person is removed from a deferred prosecution under RCW 10.05.090, the abstract shall show the deferred prosecution as well as the removal.
The director shall collect for each abstract the sum of four dollars and fifty cents which shall be deposited in the highway safety fund.
Any insurance company or its agent receiving the certified abstract shall use it exclusively for its own underwriting purposes and shall not divulge any of the information contained in it to a third party. No policy of insurance may be canceled, nonrenewed, denied, or have the rate increased on the basis of such information unless the policyholder was determined to be at fault. No insurance company or its agent for underwriting purposes relating to the operation of commercial motor vehicles may use any information contained in the abstract relative to any person's operation of motor vehicles while not engaged in such employment, nor may any insurance company or its agent for underwriting purposes relating to the operation of noncommercial motor vehicles use any information contained in the abstract relative to any person's operation of commercial motor vehicles.
Any employer or prospective employer or an agent acting on behalf of an employer or prospective employer receiving the certified abstract shall use it exclusively for his or her own purpose to determine whether the licensee should be permitted to operate a commercial vehicle or school bus upon the public highways of this state and shall not divulge any information contained in it to a third party.
Any alcohol/drug assessment or treatment agency approved by the department of social and health services receiving the certified abstract shall use it exclusively for the purpose of assisting its employees in making a determination as to what level of treatment, if any, is appropriate. The agency, or any of its employees, shall not divulge any information contained in the abstract to a third party.
Release of a certified abstract of the driving record of an employee or prospective employee requires a statement signed by: (1) The employee or prospective employee that authorizes the release of the record, and (2) the employer attesting that the information is necessary to determine whether the licensee should be employed to operate a commercial vehicle or school bus upon the public highways of this state. If the employer or prospective employer authorizes an agent to obtain this information on their behalf, this must be noted in the statement.
Any violation of this section is a gross misdemeanor.
Sec. 19. RCW 46.63.020 and 1996 c 307 s 6, 1996 c 287 s 7, 1996 c 93 s 3, 1996 c 87 s 21, and 1996 c 31 s 3 are each reenacted and amended to read as follows:
Failure to perform any act required or the performance of any act prohibited by this title or an equivalent administrative regulation or local law, ordinance, regulation, or resolution relating to traffic including parking, standing, stopping, and pedestrian offenses, is designated as a traffic infraction and may not be classified as a criminal offense, except for an offense contained in the following provisions of this title or a violation of an equivalent administrative regulation or local law, ordinance, regulation, or resolution:
(1) Section 12 of this act relating to misrepresentation of identity or making a false statement to the department on an application for personal information;
(2) RCW 46.09.120(2) relating to the operation of a nonhighway vehicle while under the influence of intoxicating liquor or a controlled substance;
(3) RCW 46.09.130 relating to operation of nonhighway vehicles;
(4) RCW 46.10.090(2) relating to the operation of a snowmobile while
under the influence of intoxicating liquor or narcotics or habit‑forming
drugs or in a manner endangering the person of another;
(5) RCW 46.10.130 relating to the operation of snowmobiles;
(6) Chapter 46.12 RCW relating to certificates of ownership and
registration and markings indicating that a vehicle has been destroyed or
declared a total loss;
(7) RCW 46.16.010 relating to initial registration of motor vehicles;
(8) RCW 46.16.011 relating to permitting unauthorized persons to drive;
(9) RCW 46.16.160 relating to vehicle trip permits;
(10) RCW 46.16.381 (6) or (9) relating to unauthorized use or
acquisition of a special placard or license plate for disabled persons'
(11) RCW 46.20.021 relating to driving without a valid driver's license,
unless the person cited for the violation provided the citing officer with an
expired driver's license or other valid identifying documentation under RCW
46.20.035 at the time of the stop and was not in violation of RCW 46.20.342(1)
or 46.20.420, in which case the violation is an infraction;
(12) RCW 46.20.091 relating to false statements regarding a driver's
license or instruction permit;
(13) RCW 46.20.336 relating to the unlawful possession and use of a
(14) RCW 46.20.342 relating to driving with a suspended or revoked license
(15) RCW 46.20.410 relating to the violation of restrictions of an
occupational driver's license;
(16) RCW 46.20.420 relating to the operation of a motor vehicle with a
suspended or revoked license;
(17) RCW 46.20.750 relating to assisting another person to start a
vehicle equipped with an ignition interlock device;
(18) RCW 46.25.170 relating to commercial driver's licenses;
(19) Chapter 46.29 RCW relating to financial responsibility;
(20) RCW 46.30.040 relating to providing false evidence of financial
(21) RCW 46.37.435 relating to wrongful installation of sunscreening
(22) RCW 46.44.180 relating to operation of mobile home pilot vehicles;
(23) RCW 46.48.175 relating to the transportation of dangerous articles;
(24) RCW 46.52.010 relating to duty on striking an unattended car or
(25) RCW 46.52.020 relating to duty in case of injury to or death of a
person or damage to an attended vehicle;
(26) RCW 46.52.090 relating to reports by repairmen, storagemen, and
(27) RCW 46.52.100 relating to driving under the influence of liquor or
(28) RCW 46.52.130 relating to confidentiality of the driving record to
be furnished to an insurance company, an employer, and an alcohol/drug
assessment or treatment agency;
(29) RCW 46.55.020 relating to engaging in the activities of a
registered tow truck operator without a registration certificate;
(30) RCW 46.55.035 relating to prohibited practices by tow truck
(31) RCW 46.61.015 relating to obedience to police officers, flagmen, or
(32) RCW 46.61.020 relating to refusal to give information to or
cooperate with an officer;
(33) RCW 46.61.022 relating to failure to stop and give identification
to an officer;
(34) RCW 46.61.024 relating to attempting to elude pursuing police
(35) RCW 46.61.500 relating to reckless driving;
(36) RCW 46.61.502 and 46.61.504 relating to persons under the influence
of intoxicating liquor or drugs;
(37) RCW 46.61.503 relating to a person under age twenty-one driving a
motor vehicle after consuming alcohol;
(38) RCW 46.61.520 relating to vehicular homicide by motor vehicle;
(39) RCW 46.61.522 relating to vehicular assault;
(40) RCW 46.61.525(1) relating to first degree negligent driving;
(41) RCW 46.61.527(4) relating to reckless endangerment of roadway
(42) RCW 46.61.530 relating to racing of vehicles on highways;
(43) RCW 46.61.685 relating to leaving children in an unattended vehicle
with the motor running;
(44) RCW 46.64.010 relating to unlawful cancellation of or attempt to
cancel a traffic citation;
(45) RCW 46.64.048 relating to attempting, aiding, abetting, coercing,
and committing crimes;
(46) Chapter 46.65 RCW relating to habitual traffic offenders;
(47) RCW 46.68.010 relating to false statements made to obtain a refund;
(48) Chapter 46.70 RCW relating to unfair motor vehicle business
practices, except where that chapter provides for the assessment of monetary
penalties of a civil nature;
(49) Chapter 46.72 RCW relating to the transportation of passengers in
for hire vehicles;
(50) RCW 46.--.-- (section 9, chapter 87, Laws of 1996) relating to
limousine carrier insurance;
(51) RCW 46.--.-- (section 10, chapter 87, Laws of 1996) relating to
operation of a limousine without a vehicle certificate;
(52) RCW 46.--.-- (section 11, chapter 87, Laws of 1996) relating to
false advertising by a limousine carrier;
(53) Chapter 46.80 RCW relating to motor vehicle wreckers;
(54) Chapter 46.82 RCW relating to driver's training schools;
(55) RCW 46.87.260 relating to alteration or forgery of a cab card,
letter of authority, or other temporary authority issued under chapter 46.87
(56) RCW 46.87.290 relating to operation of an unregistered or
unlicensed vehicle under chapter 46.87 RCW.
NEW SECTION. Sec. 20. Sections 1 through 12 of this act constitute a new chapter in Title 46 RCW, to be codified between chapters 46.04 and 46.08 RCW.
NEW SECTION. Sec. 21. This act takes effect September 13, 1997.
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