H-3414              _______________________________________________

                                                   HOUSE BILL NO. 2807

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Representatives Cooper, R. Fisher, Baugher, Hankins, Hine, R. Meyers, Zellinsky, S. Wilson, Bowman, Schmidt and Winsley

Read first time 1/22/90 and referred to Committee on State Government.

AN ACT Relating to release of vehicle registration records; amending RCW 46.12.380; adding new sections to chapter 46.12 RCW; creating a new section; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     The legislature recognizes the extraordinary value of the vehicle title and registration records for law enforcement and commerce within the state.  The legislature also recognizes that indiscriminate release of the vehicle owner information to be an infringement upon the rights of the owner and can subject owners to intrusions on their privacy.  The purpose of this act is to limit the release of vehicle owners' names and addresses while maintaining the availability of the vehicle records for the purposes of law enforcement and commerce.

        Sec. 2.  Section 2, chapter 241, Laws of 1984 as amended by section 1, chapter 299, Laws of 1987 and RCW 46.12.380 are each amended to read as follows:

          Notwithstanding the provisions of chapter 42.17 RCW, the ((name or address of an individual vehicle owner shall not be released by the)) department, county auditor, or ((other public agency except upon written request,)) an agency or firm authorized by the department may release the name or address of an individual vehicle owner only to governmental agencies of the United States or political subdivisions thereof, financial institutions and insurance companies authorized to do business in this state, attorneys and private investigators in association with civil matters in which they are engaged, and persons licensed to do business under Title 46 RCW.

All requests for vehicle owner information disclosure must be in writing, signed by the person requesting disclosure, stating their full legal name, business name, and address.  Attorneys and private investigators shall provide a notarized statement declaring the nature of the request and their office file identification of the civil matter for which the disclosure is requested.  The disclosing agency or firm shall retain the request for disclosure ((is itself a public record, subject to inspection and copying, and shall be retained by the disclosing agency)) for ((two)) three years.

The disclosing agency shall send the affected vehicle owner notice that such a disclosure request from an attorney or private investigator has been honored ((shall be sent to the affected vehicle owner by the disclosing agency, indicating)).  The notice must state the name and address of the ((person)) attorney or private investigator requesting the disclosure.

          This section shall not ((apply)) prevent the department, county auditors, or agencies and firms authorized by the department from verifying vehicle ownership to persons who ((routinely)) request disclosure of vehicle registration information for use in the course of their licensed business ((or occupation)).

NEW SECTION. Sec. 3.  A new section is added to chapter 46.12 RCW to read as follows:

          The department shall collect a prescribed fee for vehicle record information provided under RCW 46.12.380.  The department shall deposit all fees collected under this section in the motor vehicle fund.          The county auditor and agencies and firms authorized by the department to disclose vehicle record information may collect a fee to defray expenses in handling the request.  The fees collected shall be credited to the collecting agency's or firm's account.

NEW SECTION. Sec. 4.  A new section is added to chapter 46.12 RCW to read as follows:

          (1) The department may review the activities of a person who receives vehicle record information to ensure compliance with the limitations imposed on the use of the information.  The department shall suspend or revoke for up to five years the privilege of obtaining vehicle record information of a person found to be in violation of chapter 42.17 RCW, this chapter, or a disclosure agreement executed with the department.

          (2) In addition to the penalty in subsection (1) of this section:

          (a) The unauthorized disclosure of information from a department vehicle record; or

          (b) The use of a false representation to obtain information from the department's vehicle records; or

          (c) The use of information obtained from the department vehicle records for a purpose other than what is stated in the request for information or in the disclosure agreement executed with the department; or

          (d) The sale or other distribution of any vehicle owner name or address to another person not disclosed in the request or disclosure agreement

!ixis a gross misdemeanor punishable by a fine not to exceed ten thousand dollars, or by imprisonment in a county jail not to exceed one year, or by both such fine and imprisonment for each violation.