HOUSE BILL REPORT

HB 2463

BYRepresentatives Van Luven, Morris, Silver, Anderson, Hankins, Winsley, Bowman, Beck, Jones, May, Wolfe and Miller

Restricting release of vehicle registration records.

House Committe on State Government

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (9)

      Signed by Representatives Todd, Chair; Anderson, Vice Chair; McLean, Ranking Republican Member; R. Fisher, Hankins, R. King, Morris, O'Brien and Silver.

House Staff:Kenneth Hirst (786-7105)

AS REPORTED BY COMMITTEE ON STATE GOVERNMENT JANUARY 31, 1990

BACKGROUND:

The name and address of a vehicle's owner is information which is available to members of the public from the Department of Licensing, county auditor, or other agent of the department.  A request for the information must be in written form, signed by the requestor, and must state the full legal name and address of the requestor.  This request is also a public record available for public inspection and copying and must be retained by the disclosing agency for two years.  The agency must send the affected vehicle owner a notice that the request has been honored and list the name and address of the person who requested the information. 

These restrictions regarding disclosure do not apply to persons who routinely request vehicle registration information for use in the course of their business or occupation.

The public disclosure laws prohibit a public agency from providing access to lists of individuals which are requested for commercial purposes unless expressly authorized by law to do so.

The motor vehicle laws authorize the Department of Licensing to furnish lists of owners of motor vehicles to: manufacturers of motor vehicles for satisfying provisions of federal law regarding safety related defects; governments agencies for law enforcement or traffic safety purposes; or a business, for certain purposes, if the business regularly makes loans to other persons to finance the purchase of motor vehicles.

SUMMARY:

SUBSTITUTE BILL:  Disclosure of Vehicle Owner Information.  The Department of Licensing, a county auditor, or an agent of the department may continue to release the names or addresses of vehicle owners to governmental entities and to persons expressly authorized by the motor vehicle laws to receive such information.  However, they may release this information to other persons only under the following circumstances: (1) the requesting party is a business that requests the information for use in the course of business; (2) the request is a written request, signed by the requestor, identifying the name and address of the requesting party and the purposes for which the information will be used and requesting the names and addresses of not more than 50 vehicle owners; (3) the requesting party enters into a disclosure agreement with the department promising to use the information only for the purposes stated and not for any unsolicited business contact.  The disclosing entity must retain the request for three years.

Whenever the department or its agent discloses such information to an attorney or private investigator, it must notify the vehicle owner regarding the disclosure and identifying the name and address of the requesting party.

Penalties.  The department may review the activities of a person who receives vehicle record information to ensure compliance with limitations on its use.  It may suspend a person's access to such information for up to five years if the person violates the public disclosure laws, these requirements, or a disclosure agreement with the department.  The following are declared to be gross misdemeanors: unauthorized disclosure of information from a department vehicle record; use of a false representation to obtain information; use of information for a purpose other than stated in a request or under an agreement with the department; or the sale or other distribution of a vehicle owner's name or address to another person not disclosed in the request or agreement.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  Added by the substitute bill are the provisions requiring certain requestors to enter disclosure agreements with the department and limiting each of their requests to not more than 50 names and addresses.  Contained in the original bill but not in the substitute are provisions: imposing requirements for disclosures to governmental agencies; and requiring the department to charge certain fees for disclosing information and authorizing its agents to charge such fees.

Fiscal Note:      Available.

House Committee ‑ Testified For:    (original bill) Mary Faulk, Director of Licensing; and Karen Flynn and Sam Reed, County Auditors' Association.

House Committee - Testified Against:      No one.

House Committee - Testimony For:    (original bill) (1) Most requests for the disclosure of information regarding vehicle owners come from law enforcement agencies and businesses and these will be unaffected by the bill.  But the other requests may lead to harm and the notices sent to the vehicle owners regarding these requests can produce fear of harm.  (2) Sometimes a person's right to privacy is greater than the public's right to know.

House Committee - Testimony Against:      None.