BILL REQ. #:  S-4311.2 

READ FIRST TIME 02/07/14.   

     AN ACT Relating to vehicle owner list furnishment requirements; amending RCW 46.12.630; and adding a new section to chapter 46.68 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 46.12.630 and 2013 c 306 s 702 are each amended to read as follows:
     ((In addition to any other authority which it may have,)) (1) The department of licensing ((may)) must furnish lists of registered and legal owners of motor vehicles only for the purposes specified in this ((section)) subsection to((:
     (1)(a))) the manufacturers of motor vehicles, or their authorized agents, to ((be used:
     (i) To)) enable those manufacturers to carry out the provisions of ((the national traffic and motor vehicle safety act of 1966 (15 U.S.C. Sec. 1382-1418), including amendments or additions thereto, respecting safety-related defects in motor vehicles; or
     (ii) During the 2011-2013 fiscal biennium, in research activities, and in producing statistical reports, as long as the personal information is not published, redisclosed, or used to contact individuals; or
     (b) During fiscal year 2014, an entity that is an authorized agent of a motor vehicle manufacturer,)) Titles I and IV of the anti car theft act of 1992, the automobile information disclosure act (15 U.S.C. Sec. 1231 et seq.), the clean air act (42 U.S.C. Sec. 7401 et seq.), and 49 U.S.C.S. Secs. 30101-30183, 30501-30505, and 32101-33118, as these acts existed on January 1, 2014, or such subsequent date as may be provided by the department by rule, consistent with the purposes of this section. However, the department may only provide a manufacturer, or its authorized agent, lists of registered or legal owners who purchased or leased a vehicle manufactured by that manufacturer. Data providers or authorized agents receiving information on behalf of one manufacturer must not disclose this information to any other third party.
     (2) The department of licensing may furnish lists of registered and legal owners of motor vehicles, only to the entities and only for the purposes specified in this section, to:
     (a) The manufacturers of motor vehicles, legitimate businesses, or their authorized agents, for purposes of using lists of registered and legal owner information to conduct research activities and produce statistical reports, as long as the entity does not allow personal information received under this section to be published, redisclosed, or used to contact individuals((. The department must charge an amount sufficient to cover the full cost of providing the data requested under this subsection (1)(b). Full cost of providing the data includes the information technology, administrative, and contract oversight costs));
     (((2))) (b) 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;
     (((3))) (c) Any insurer or insurance support organization, a self-insured entity, or its agents, employees, or contractors for use in connection with claims investigation activities, antifraud activities, rating, or underwriting;
     (d) Any local governmental entity or its agents for use in providing notice to owners of towed and impounded vehicles;
     (e) A government agency, commercial parking company, or its agents requiring the names and addresses of registered owners to notify them of outstanding parking violations. Subject to the disclosure agreement provisions of RCW 46.12.635 and the requirements of Executive Order 97-01, the department may provide only the parts of the list that are required for completion of the work required of the company;
     (((4))) (f) An authorized agent or contractor of the department, to be used only in connection with providing motor vehicle excise tax, licensing, title, and registration information to motor vehicle dealers;
     (((5))) (g) 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; or
     (((6))) (h) A company or its agents operating a toll facility under chapter 47.46 RCW or other applicable authority requiring the names, addresses, and vehicle information of motor vehicle registered owners to identify toll violators.
     (3) Personal information received by an entity listed in subsection (1) or (2) of this section may not be released for direct marketing purposes.
     (4) Prior to the release of any lists of vehicle owners under subsection (1) or (2) of this section, the department must enter into a contract with the entity authorized to receive the data. The contract must include:
     (a) A requirement that the department or its agent conduct both regular permissible use and data security audits subject to the following conditions and limitations:
     (i) The data security audits must demonstrate compliance with the data security standards adopted by the office of the chief information officer.
     (ii) When determining whether to conduct an audit under this subsection, the department must first take into consideration any independent third-party audit a data recipient has had before requiring that any additional audits be performed. If the independent third-party audit is a data security audit and it meets both recognized national or international standards and the standards adopted by the office of the chief information officer pursuant to (a)(i) of this subsection, the department must accept the audit and the audit is deemed to satisfy the conditions set out in this subsection (4)(a). If the independent third-party audit is a permissible use audit and it meets recognized national or international standards, the department must accept the audit and the audit is deemed to satisfy the conditions set out in this subsection (4)(a); and
     (b) A provision that the cost of the audits performed pursuant to this subsection must be borne by the data recipient, as well as the initial cost to set up the system to disburse the data to the data recipient.
     (5)(a) The department must collect a fee of twenty dollars per one thousand individual registered or legal vehicle owners included on a list requested by a private entity under subsection (1) or (2) of this section. The department must prorate the fee when the request is for less than a full one thousand records.
     (b) In lieu of the fee specified in (a) of this subsection, if the request requires a weekly, monthly, or other regular update of those vehicle records that have changed, the department must collect a fee of two cents per individual registered or legal vehicle owner record provided to the private entity.
     (c) The department must deposit any moneys collected under this subsection to the department of licensing technology improvement and data management account created in section 2 of this act.
     (6) 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 for disclosure 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.
     (7) If a list of registered and legal owners of motor vehicles is used for any purpose other than that authorized in this section, the manufacturer, governmental agency, commercial parking company, ((authorized agent,)) contractor, financial institution, insurer, insurance support organization, self-insured entity, legitimate business entity, toll facility operator, or ((their)) any authorized agent((s)) or contractor((s)) responsible for the unauthorized disclosure or use will be denied further access to such information by the department of licensing.
     (8) For purposes of this section, "personal information" means information that identifies an individual, including an individual's photograph, social security number, driver identification number, name, address (but not the five-digit zip code), telephone number, or medical or disability information. However, an individual's photograph, social security number, and any medical or disability-related information is considered highly restricted personal information and may only be released under the circumstances described in subsections (1) and (2)(b) and (c) of this section.

NEW SECTION.  Sec. 2   A new section is added to chapter 46.68 RCW to read as follows:
     The department of licensing technology improvement and data management account is created in the highway safety fund. All receipts from fees collected under RCW 46.12.630(5) must be deposited into the account. Expenditures from the account may be used only for investments in technology and data management at the department. Moneys in the account may be spent only after appropriation.