SENATE BILL REPORT

SHB 2463

BYHouse Committee on State Government (originally sponsored by Representatives 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

Senate Committee on Transportation

Senate Hearing Date(s):February 20, 1990

Majority Report:  Do pass as amended.

      Signed by Senators Patterson, Chairman; Thorsness, Vice Chairman; von Reichbauer, Vice Chairman; Barr, Bender, Benitz, Conner, DeJarnatt, Hansen, McMullen, Murray, Nelson, Patrick, Sellar.

Senate Staff:Cathy Mayo (786-7304)

                  February 26, 1990

AS REPORTED BY COMMITTEE ON TRANSPORTATION, FEBRUARY 20, 1990

BACKGROUND:

The name and address of a vehicle 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; government 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:

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, this information may be released when:  (1) a requesting business uses the information in the course of its business; (2) the request is in writing, signed, and identifies the name and address of the party and purposes for which the information will be used, and asks for not more than 50 vehicle owners' names and addresses; (3) the requesting party enters into a disclosure agreement with the department agreeing 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 identify 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 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.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

SUMMARY OF PROPOSED SENATE AMENDMENT:

The language limiting the number of names or addresses that a business entity may request from the Department of Licensing to 50 or less is deleted.

Senate Committee - Testified: Mary Faulk, Director, Department of Licensing; Tim Erickson, Washington State Patrol; George Ramey, Process Servers' Association; Cindy Zender, Washington Joint Council of Teamsters; Jim Buck, King Country Auditors' Legislative Committee