S-1975               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 5070

                        _______________________________________________

State of Washington                               51st Legislature                              1989 Regular Session

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

Read first time 2/21/89.

AN ACT Relating to motor vehicle records; amending RCW 46.12.380; and prescribing penalties.

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

        Sec. 1.  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, signed by the person requesting disclosure, stating their full legal name and address.))  A person requesting information contained in the vehicle records maintained by the department shall identify himself or herself and state the reason for making the request.  The request shall be in writing  and signed by the person requesting the disclosure.  The department, county auditor, or other public agency processing the request shall require the person to produce such information as the department determines necessary to verify the person's true identity and address.

(1) Notwithstanding the provisions of chapter 42.17 RCW, the department, county auditor, or other public agency processing the request shall not divulge any information contained in the department's vehicle records unless the person requesting the information provides the following to the department, county auditor, or other public agency processing the request:

(a) The name of the registered owner; and

(b) The vehicle identification number of the vehicle or the vehicle license plate number assigned to the vehicle.

(2) The procedures required by subsection (1) of this section do not apply to any state or any of its departments, agencies, or political subdivisions, any court, a law enforcement officer, a licensed private investigator, insurance companies, commercial parking facilities, financial institutions, and enterprises under the jurisdiction of the state division of banking and finance or a federal monetary authority, the federal government or any of its agencies, any Canadian government agencies, Washington licensed dealers, wreckers, hulk haulers, or tow truck operators, or any attorney admitted to practice in this state who alleges that the information is relevant to any pending or potential court proceeding.  The request for disclosure is itself a public record, subject to inspection and copying, and shall be retained by the disclosing agency for two years.

            Notice that such a disclosure request has been honored shall be sent to the affected vehicle owner by the disclosing agency, indicating the name and address of the person requesting disclosure.

          This section shall not apply to persons who routinely request disclosure of vehicle registration information for use in the course of their business or occupation.

A person who obtains information under this section through misrepresentation of a material fact or who knowingly transmits the information to another person who could not have properly obtained it under this section is guilty of a misdemeanor.

NEW SECTION. Sec. 2.     If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.