WSR 13-21-135
[Filed October 22, 2013, 3:44 p.m.]
Original Notice.
Preproposal statement of inquiry was filed as WSR 13-14-058.
Title of Rule and Other Identifying Information: Disclosure of vehicle owner information, currently titled Disclosure of individual vehicle owner information, WAC 308-56A-090.
Hearing Location(s): Highways-Licenses Building, Conference Room 413, 1125 Washington Street S.E., Olympia, WA 98507 (check in at counter on first floor), on November 26, 2013, at 4:00 p.m.
Date of Intended Adoption: November 27, 2013.
Submit Written Comments to: Ben Shomshor, P.O. Box 2957, Olympia, WA 98507-2957, e-mail, by November 25, 2013.
Assistance for Persons with Disabilities: Contact Ben Shomshor by November 25, 2013, TTY (360) 664-9492 or (360) 902-3928.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: The existing statute governing disclosure of the names of vehicle owners requires that when the owner's name or address is requested by an attorney or by a private investigator the owner must be notified of the request and provided with the name and address of the requester. Effective January 1, 2014, owners will continue receiving notice of the request, but will no longer receive the name and address of the requester.
The department of licensing also requests recodification of the rule from chapter 308-56A WAC to chapter 308-10 WAC. This CR-102 publicizes the repeal of the current WAC for the sole purpose of recodification.
Reasons Supporting Proposal: Rule changes will adjust language in WAC to fit new language in RCW. We are pursuing recodification to better align agency WAC sections with our organizational structure.
Statutory Authority for Adoption: RCW 46.01.110.
Statute Being Implemented: RCW 46.12.635.
Rule is not necessitated by federal law, federal or state court decision.
Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: A typographical error in the preproposal statement of inquiry mistakenly referenced RCW 46.12.365 instead of RCW 46.12.635.
Name of Proponent: Washington state department of licensing, governmental.
Name of Agency Personnel Responsible for Drafting: Ben Shomshor, 1125 Washington Street S.E., Olympia, WA, (360) 902-3928; Implementation and Enforcement: Jairus Rice, 8005A River Drive S.E., Tumwater, WA, (360) 359-4017.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Rule changes implement changes to RCW 46.12.635 as modified by chapter 232, Laws of 2013, aka SSB 5182.
A cost-benefit analysis is not required under RCW 34.05.328. Rule changes implement changes to RCW 46.12.635 as modified by chapter 232, Laws of 2013, aka SSB 5182.
October 22, 2013
Damon Monroe
Rules Coordinator
WAC 308-10-075 Disclosure of vehicle owner information.
(1) What vehicle record owner information is protected from disclosure? Vehicle information protected from disclosure is the same as under chapters 42.56 and 46.12 RCW, and 18 U.S.C. 2721.
(2) Who may receive vehicle owner names and addresses?
(a) Government agencies;
(b) Business entities that require the information in their normal course of conducting business;
(c) Vehicle manufacturers that require vehicle ownership information for recall of their product;
(d) Individuals who provide proof of personal identification:
(i) For vehicles currently registered in their name; or
(ii) For vehicles for which they can provide a bill of sale or acceptable documents indicating they purchased the vehicle.
(e) Please see subsection (3) of this section for additional restrictions.
Business and government agencies requesting disclosure of individual vehicle owner names and addresses must enter into a disclosure agreement with the department.
(3) When both a mailing and residence address are recorded on the vehicle record, which address will be disclosed? When both a mailing address and residence address are recorded on the vehicle record and are different, only the mailing address will be disclosed. Both addresses will be disclosed in response to requests from courts, law enforcement agencies, or government agencies with enforcement, investigative, or taxing authority and only for use in the normal course of conducting business.
(4) What documentation does the department require to disclose vehicle owner name(s) and address(es)? The department requires:
(a) A signed vehicle/vessel information disclosure request form provided by the department and completed by the requestor indicating the specific purpose for which the information will be used; and
(b) A disclosure agreement with the department as required by RCW 46.12.635.
(c) Acceptable business verification; or
(d) A contract with the department.
(5) What is acceptable business verification? For purposes of this section, acceptable business verification includes:
(a) If the requester is a licensed Washington business, a copy of its current master business license;
(b) If the requester is a business that is not required to be licensed in this state, its federal employer identification number/federal tax number (or Uniform Business Identifier) on official letterhead with a signature of the owner or an authorized representative;
(c) If an attorney, a copy of the current bar card; or
(d) If a private investigator, a copy of the current private investigator's license.
(6) Does a business need to supply a new form and copy of the business license each time vehicle information is requested? Yes, each time a request is made for vehicle information a new form and copy of the business license is needed, unless an unexpired contract exists between the business and the department.
(7) Are businesses allowed individual owner information on vehicle records? Yes, if a business requires individual owner information to conduct its normal business and qualifies under RCW 46.12.635 and 18 U.S.C. 2721 (commonly known as Driver Privacy Protection Act), it may receive individual vehicle owner information.
(8) Who may release the vehicle owner name and address information?
(a) The public disclosure unit of the driver and vehicle services division of the department of licensing; or
(b) Agents and subagents, but only when disclosing information for purposes described in subsection (2)(d) of this section.
(9) When may the department disclose the name(s) and address(es) of vehicle owners? The department may only disclose names and addresses of vehicle owners under the provisions of chapters 42.56 and 46.12 RCW and 18 U.S.C. 2721-2725, and:
(a) The request is in writing, signed by the person requesting disclosure, contains the full legal name and address of the requesting party and/or their business, and specifies the purpose for which the information will be used; and
(b) The requesting party enters into a disclosure agreement with the department in which the parties agree that they will use the information only for the purpose stated in the request for the information.
(10) Is the department required to notify the vehicle owner when ownership information is disclosed? When the department grants a request from an attorney or private investigator for information under this section, the department will provide notice to the vehicle owner that the request has been granted. Additionally, if a contract holder releases owner information to a private investigator or attorney, they must notify the vehicle owner that a request has been granted, and provide a copy to the department's public disclosure unit.
(11) Who is responsible for assuring that the information is used appropriately? Any person, business, agency or association that receives vehicle owner information under this section is responsible for assuring, under penalty of perjury under the laws of the state of Washington, that the information received is not used for a purpose contrary to the agreement between the person, business, agency or association and the department.