BILL REQ. #:  Z-0215.1 

Read first time 02/05/13.   Referred to Committee on Transportation.

     AN ACT Relating to confidential license plates, drivers' licenses, identicards, and vessel registrations; amending RCW 46.01.130 and 46.08.066; and reenacting and amending RCW 42.56.230.

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

Sec. 1   RCW 46.01.130 and 2010 c 161 s 203 are each amended to read as follows:
     The director:
     (1) Shall supervise and control the issuing of vehicle certificates of title, vehicle registrations, and vehicle license plates, and has the full power to do all things necessary and proper to carry out the provisions of the law relating to the registration of vehicles;
     (2) May appoint and employ deputies, assistants, representatives, and clerks;
     (3) May establish branch offices in different parts of the state;
     (4) May appoint county auditors in Washington state or, in the absence of a county auditor, the department or an official of county government as agents for applications for and the issuance of vehicle certificates of title and vehicle registrations; and
     (5)(a) Shall investigate the conviction records and pending charges of any current employee of or prospective employee being considered for any position with the department ((that)) who has or will have:
     (i)(A) The ability to create or modify records of applicants for enhanced drivers' licenses and identicards issued under RCW 46.20.202; and
     (((ii))) (B) The ability to issue enhanced drivers' licenses and identicards under RCW 46.20.202; or
     (ii) Access to information pertaining to vehicle license plates, drivers' licenses, or identicards under RCW 46.08.066, or vessel registrations issued under RCW 88.02.330 that, alone or in combination with any other information, may reveal the identity of an individual, or reveal that an individual is or was, performing an undercover or covert law enforcement, public health work, or public assistance fraud or support investigative activity.
     (b) The investigation consists of a background check as authorized under RCW 10.97.050, 43.43.833, and 43.43.834, and the federal bureau of investigation. The background check must be conducted through the Washington state patrol criminal identification section and may include a national check from the federal bureau of investigation, which is through the submission of fingerprints. The director shall use the information solely to determine the character, suitability, and competence of current or prospective employees subject to this section.
     (c) The director shall investigate the conviction records and pending charges of an employee subject to this subsection every five years.
     (d) Criminal justice agencies shall provide the director with information that they may possess and that the director may require solely to determine the employment suitability of current or prospective employees subject to this section.

Sec. 2   RCW 46.08.066 and 2010 c 161 s 211 are each amended to read as follows:
     (1) The department may issue confidential license plates to:
     (a) Units of local government and agencies of the federal government for law enforcement purposes only;
     (b) Any state official elected on a statewide basis for use on official business. Only one set of confidential license plates may be issued to these elected officials;
     (c) Any other public officer or public employee for the personal security of the officer or employee when recommended by the chief of the Washington state patrol. These confidential license plates may only be used on an unmarked publicly owned or controlled vehicle of the employing government agency for the conduct of official business for the period of time that the personal security of the state official, public officer, or other public employee may require; and
     (d) The office of the state treasurer. These confidential license plates may only be used on an unmarked state owned or controlled vehicle when required for the safe transportation of either state funds or negotiable securities to or from the office of the state treasurer.
     (2) The use of confidential license plates on other vehicles owned or operated by the state of Washington by any officer or employee of the state is limited to confidential, investigative, or undercover work of state law enforcement agencies, confidential public health work, and confidential public assistance fraud or support investigations.
     (3) The department may issue confidential drivers' licenses and identicards to the Washington state patrol, units of local government, and agencies of the federal government for law enforcement purposes only including, but not limited to, undercover or covert law enforcement activities.
     (4) The director may adopt rules governing applications for, and the use of, confidential license plates, drivers' licenses, and identicards.

Sec. 3   RCW 42.56.230 and 2011 c 350 s 2 and 2011 c 173 s 1 are each reenacted and amended to read as follows:
     The following personal information is exempt from public inspection and copying under this chapter:
     (1) Personal information in any files maintained for students in public schools, patients or clients of public institutions or public health agencies, or welfare recipients;
     (2) Personal information((,)) including, but not limited to, addresses, telephone numbers, personal electronic mail addresses, social security numbers, emergency contact and date of birth information for a participant in a public or nonprofit program serving or pertaining to children, adolescents, or students, including but not limited to early learning or child care services, parks and recreation programs, youth development programs, and after-school programs. Emergency contact information may be provided to appropriate authorities and medical personnel for the purpose of treating the individual during an emergency situation;
     (3) 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;
     (4) 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: (a) Be prohibited to such persons by RCW 84.08.210, 82.32.330, 84.40.020, 84.40.340, or any ordinance authorized under RCW 35.102.145; or (b) violate the taxpayer's right to privacy or result in unfair competitive disadvantage to the taxpayer;
     (5) Credit card numbers, debit card numbers, electronic check numbers, card expiration dates, or bank or other financial account numbers, except when disclosure is expressly required by or governed by other law;
     (6) Personal and financial information related to a small loan or any system of authorizing a small loan in RCW 31.45.093; and
     (7)(a) ((Documents and related materials and scanned images of documents and related materials)) Any record used to prove identity, age, residential address, social security number, or other personal information required to apply for a driver's license or identicard.
     (b) Information provided under RCW 46.20.111 that indicates that an applicant declined to register with the selective service system.
     (c) Any record pertaining to a vehicle license plate, driver's license, or identicard issued under RCW 46.08.066 that, alone or in combination with any other records, may reveal the identity of an individual, or reveal that an individual is or was, performing an undercover or covert law enforcement, public health work, or public assistance fraud or support investigative activity.
     (d) Any record pertaining to a vessel registration issued under RCW 88.02.330 that, alone or in combination with any other records, may reveal the identity of an individual, or reveal that an individual is or was, performing an undercover or covert law enforcement activity.