AN ACT Relating to the disclosure of drivers' license records; and amending RCW 46.20.171 and 46.52.120.

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

Sec. 1. Section 19, chapter 121, Laws of 1965 ex. sess. as amended by section 55, chapter 136, Laws of 1979 ex. sess. and RCW 46.20.171 are each amended to read as follows:

(1) The department shall file every application for a license or permit received by it and shall maintain suitable ((~~indexes~~)) records containing the following:

(a) All applications denied and on each thereof note the reasons for such denial;

(b) All applications granted; and

(c) The name of every licensee whose license has been suspended or revoked by the department and after each such name shall note the reasons for such action.

(2) The department shall also maintain a record for every licensed driver which shall include all accident reports and abstracts of court records of convictions and findings that a traffic infraction has been committed received by it under the laws of this state and in connection therewith maintain convenient records in order that an individual record of each licensee showing the licensee's convictions, the findings that he has committed a traffic infraction, the traffic accidents in which he has been involved and any prior actions taken by the department in connection with his driving record shall be readily ascertainable for the consideration of the department.

(3) Notwithstanding any provision of chapter 42.17 RCW to the contrary, the department shall not make available for public inspection or copying, or otherwise provide access to, applications for a driver's license or permit or identicard or information in its drivers' files concerning an applicant's, permittee's, or licensee's date of birth or physical or mental characteristics or conditions. The department shall not give, sell, or otherwise provide access to lists of individual holders of drivers' licenses or permits or identicards, or those persons' addresses.

Such records and information shall be made available:

(a) As necessary to carry out the duties or authorized activities of the department; or

(b) To a federal, state, local, or Canadian government agency or educational institution, or its authorized commercial agents or contractors, only for use in, and to the extent necessary for, the performance of the duties of the government agency as determined by the director; or

(c) To persons otherwise permitted by law to obtain access to or copies of the department's records, only to the extent necessary to achieve the purpose of the law or laws permitting such disclosure; or

(d) To an individual with a civil suit, as determined by the director.

Sec. 2. Section 46.52.120, chapter 12, Laws of 1961 as last amended by section 2, chapter 38, Laws of 1988 and RCW 46.52.120 are each amended to read as follows:

(1) The director shall keep a case record on every motor vehicle driver licensed under the laws of this state, together with information on each driver, showing all the convictions and findings of traffic infractions certified by the courts, together with an index cross-reference record of each accident reported relating to such individual with a brief statement of the cause of the accident. The chief of the Washington state patrol shall furnish the index cross-reference record to the director, with reference to each driver involved in the reported accidents.

(2) The case record shall be maintained in two parts.

(a) One part shall be the employment driving record of the person. This part shall include all motor vehicle accidents in which the person is involved while the person is driving a commercial motor vehicle as an employee of another or an owner-operator, all convictions of the person for violation of the motor vehicle laws while the person is driving a commercial motor vehicle as an employee of another or an owner-operator, and all findings that the person has committed a traffic infraction while the person is driving a commercial motor vehicle as an employee of another or an owner-operator. The same reports shall be entered when the person is a law enforcement officer or fire fighter as defined in RCW 41.26.030, or a state patrol officer, and is driving an official police, state patrol, or fire department vehicle in the course of their official duties.

(b) The other part shall include all other accidents, convictions, and findings that the person has committed a traffic infraction.

(3) Such records shall be for the confidential use of the director and the chief of the Washington state patrol and the director of the Washington traffic safety commission and for such police officers or other cognizant public officials as may be designated by law. Such case records shall not be offered as evidence in any court except in case appeal is taken from the order of the director, suspending, revoking, canceling, or refusing a vehicle driver's license or to provide proof of a person's failures to appear under RCW 46.64.020.

(4) The director shall tabulate and analyze vehicle driver's case records and suspend, revoke, cancel, or refuse a vehicle driver's license to a person when it is deemed from facts contained in the case record of such person that it is for the best interest of public safety that such person be denied the privilege of operating a motor vehicle. Whenever the director orders the vehicle driver's license of any such person suspended, revoked, or canceled, or refuses the issuance of a vehicle driver's license, such suspension, revocation, cancellation, or refusal is final and effective unless appeal from the decision of the director is taken as provided by law.