SENATE BILL REPORT

SB 5398

BYSenators Cantu, Johnson, Anderson, Rasmussen, Craswell, Smith and Lee

Limiting disclosure of drivers' license information.

Senate Committee on Transportation

Senate Hearing Date(s):January 23, 1990

Senate Staff:Cathy Mayo (786-7304)

AS OF JANUARY 23, 1990

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. 

SUMMARY:

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 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.

Driver license records shall be made available to the following entities when carrying out official duties:  (1) to the department; (2) to a federal, state, local, or Canadian government agency or educational institution, or its authorized commercial agents or contractors; (3) to persons permitted by law to obtain access to or copies of the records; or (4) 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 drivers' case records.

Appropriation:    none

Revenue:    none

Fiscal Note:      none requested