SENATE BILL REPORT

SB 5718

BYSenator Cantu

Protecting drivers' license information.

Senate Committee on Transportation

Senate Hearing Date(s):January 18, 1988; January 26, 1988

Majority Report:  That Substitute Senate Bill No. 5718 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Barr, Conner, DeJarnatt, Garrett, Hansen, Kiskaddon, McMullen, Owen, Sellar.

Senate Staff:Cathy Mayo (786-7304)

                  January 29, 1988

AS REPORTED BY COMMITTEE ON TRANSPORTATION, JANUARY 26, 1988

BACKGROUND:

Individual driving record files are maintained by the Department of Licensing.  The file contains both driving and non- driving related information.  Driving-Related: Accident reports, traffic violations, convictions, departmental actions (suspensions, revocations, etc.).  Non-Driving Related:  Date of birth, height, weight, eye color, sex, and physical or mental conditions for which driving restrictions may be imposed.

Driving related information in the file is maintained by the Department for five years.  The record is available to law enforcement, the courts, other authorized agencies, and the individual or his/her attorney.  A modified three-year record (name, address, accidents, violations) is available for insurance purposes.

The public disclosure law prohibits any governmental agency from giving, selling or providing access to lists of individuals requested for commercial purposes.  There is nothing in the law, however, preventing an agency from providing name and address information for non-commercial purposes.  The Department of Licensing has been advised that unless specifically prohibited by law, it must respond to a non-commercial request pursuant to public disclosure.  The driver lists have occasionally been sold for non-commercial purposes (political parties, selective service).

SUMMARY:

The Department of Licensing may not permit public viewing and copying of non-driving-related information (birth date, physical/mental characteristics or conditions) contained in driver license/permit/identicard applications or its driver record files.

The Department may not give, sell, or otherwise provide access to name and address lists of individual driver license/permit/identicard holders for commercial or non- commercial purposes.

The information may be made available to the following entities when carrying out official duties:  (1)  the Department; (2) a federal, state, local, or Canadian governmental agency carrying out regulatory and law enforcement duties; (3) a person who, by law, is permitted access to the records.

EFFECT OF PROPOSED SUBSTITUTE:

The names and addresses of the driver licensee's shall be considered confidential in nature, notwithstanding any provision of the public disclosure law to the contrary.

The Director of the Department of Licensing shall determine whether information from the driver records shall be made available upon request of a federal, state, local, or Canadian government agencies or education institutions or their agents.

A licensed driver's name and address shall be made available to an individual with a civil suit as determined by the Director.

The name of the Director of the Washington Traffic Safety Commission is added to the public officials designated by law for confidential access to Washington drivers' case records of convictions and infractions, cross-referenced to accident reports under Chapter 46.52 RCW.

Appropriation:    none

Revenue:    none

Fiscal Note:      available