SENATE BILL REPORT

SSB 5070

BYSenate Committee on Transportation (originally sponsored by Senators Cantu and Smith)

Restricting access to vehicle records.

Senate Committee on Transportation

Senate Hearing Date(s):February 14, 1989; February 16, 1989

Majority Report:  That Substitute Senate Bill No. 5070 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Patterson, Chairman; Nelson, Vice Chairman; Barr, Bender, Conner, McMullen, Madsen, Murray, Sellar, Thorsness.

Senate Staff:Cathy Mayo (786-7304)

                  January 31, 1990

AS PASSED SENATE, JANUARY 31, 1990

BACKGROUND:

A motor vehicle registration is considered to be a matter of public record under the public disclosure law, and the Department of Licensing must make this information available to any person upon request for public inspection and copying pursuant to the public disclosure law.  If the department directly provides the information, there is a $2 fee.  Pursuant to public disclosure rule, there is no charge if the individuals making the request choose to look up the information themselves.  The signed request shall be retained by the disclosing agency for two years.  The department and others have expressed concern about the safety and propriety of releasing this information without cause.

Financial institutions in the business of making loans to finance the purchase of motor vehicles are authorized through law to obtain vehicle registration data from the department as are insurance companies, state, federal and local governments, courts, law enforcements, vehicle dealers, wreckers, hulk haulers, and tow truck operators.

SUMMARY:

A person requesting information contained in the vehicle records of the Department of Licensing must present identification and state the reason for making the request.  The request must be in writing and signed by the person requesting the information.

Prior to providing data the department or the public agency processing the request shall first require the name of the registered owner of the vehicle in question and either the vehicle identification number or the license plate number.  Excluded from these procedures are state agencies, any court, law enforcement officer, licensed private investigator, insurance company, commercial parking facility, financial institution and enterprise under the jurisdiction of the state division of banking and finance; a federal monetary authority, the federal government or any of its agencies, or any attorney admitted to practice in the state and declaring that the information is relevant to pending or potential court proceedings.

If any provision of this act is held invalid, the remainder of the act is not affected.

Other state governments, the Canadian government and vehicle dealers, wreckers, hulk haulers, and tow truck operators are permitted access to the record information in order to conduct business.  The present exemption for notification to registered owners on all record requests by persons who routinely request disclosure of vehicle registration information for use in the course of their business or occupation is retained.

Any person who obtains information through misrepresentation or who knowingly transmits the data to others who could not have properly obtained it under this section is guilty of a misdemeanor.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: Senator Cantu, Sponsor; Sandra Brooks, Department of Licensing; James Boldt, Washington Auto Dealers; William A. Berry; Fred Saeger, Washington Association of County Officials; Dean Williams, Snohomish County Auditor