H-3831.2 _______________________________________________
HOUSE BILL 2583
_______________________________________________
State of Washington 56th Legislature 2000 Regular Session
By Representatives Schindler, Lovick, Mielke, Gombosky, Lambert, Esser, Wensman, Thomas, Benson, Morris, Haigh, Dunn and Hurst
Read first time 01/17/2000. Referred to Committee on Transportation.
AN ACT Relating to disclosure of vehicle license information; amending RCW 46.12.380 and 46.12.390; reenacting and amending RCW 46.12.370; and adding a new section to chapter 46.12 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 46.12 RCW to read as follows:
(1) The registered owner of a vehicle may forbid the department from disclosing the vehicle licensing record if the registered owner is not a business entity. The vehicle's registered owner must provide the department with written notification of the prohibition. If a qualifying vehicle's registered owner provides the written notification, the department may not release the vehicle licensing record except as allowed under RCW 46.12.370 and 46.52.030.
(2) The registered owner of a vehicle may at any time prohibit the department from disclosing the vehicle licensing record. Once received by the department, the prohibition applies to the entire vehicle licensing record and operates prospectively.
(a) When a vehicle's registered owner pays the annual license tab fee on a vehicle the department shall provide the vehicle's registered owner the opportunity to issue a written prohibition of disclosure of the vehicle licensing record.
(b) If a person is a registered owner of more than one vehicle and wishes to prohibit the disclosure of the vehicle licensing record for each vehicle, he or she must provide a separate written notification to the department for each vehicle.
(c) If a vehicle's registered owner forbids the department from disclosing his or her vehicle licensing record, the prohibition on disclosure is effective as long as the person owns the licensed vehicle.
(3) For purposes of this section "vehicle licensing record" means the name and address for one or more registered owners of vehicles that is linked to a vehicle record maintained by the department. Each vehicle record and the associated name and address information are a separate vehicle licensing record.
Sec. 2. RCW 46.12.370 and 1997 c 432 s 6 and 1997 c 33 s 1 are each reenacted and amended to read as follows:
(1)
In addition to any other authority which it may have, the department of
licensing may furnish lists of registered and legal owners of ((motor))
vehicles only for the purposes specified in this section to:
(((1)))
(a) The manufacturers of ((motor)) vehicles, or their authorized agents,
to be used to enable those manufacturers to carry out the provisions of the
National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. sec.
1382-1418), including amendments or additions thereto, respecting
safety-related defects in ((motor)) vehicles;
(((2)))
(b) Any governmental agency of the United States or Canada, or political
subdivisions thereof, to be used by it or by its authorized commercial agents
or contractors only in connection with the enforcement of ((motor))
vehicle or traffic laws by, or programs related to traffic safety of, that
government agency. Only such parts of the list as are required for completion
of the work required of the agent or contractor shall be provided to such agent
or contractor;
(((3)))
(c) A commercial parking company requiring the names and addresses of
registered owners to notify them of outstanding parking violations. Subject to
the disclosure agreement provisions of RCW 46.12.380 and the requirements of
Executive Order 97-01, the department may provide only the parts of the list
that are required for completion of the work required of the company;
(((4)))
(d) An authorized agent or contractor of the department, to be used only
in connection with providing ((motor)) vehicle ((excise tax,))
licensing, title, and registration information to motor vehicle dealers; or
(((5)))
(e) Any business regularly making loans to other persons to finance the
purchase of ((motor)) vehicles, to be used to assist the person
requesting the list to determine ownership of specific vehicles for the purpose
of determining whether or not to provide such financing.
((In
the event)) (2) If a list of registered and legal owners of ((motor))
vehicles is used for any purpose other than that authorized in this section, including
but not limited to the disclosure of the information to a third party except as
authorized under subsection (1)(d) of this section, the manufacturer,
governmental agency, commercial parking company, authorized agent, contractor,
financial institution, or their authorized agents or contractors responsible
for the unauthorized disclosure or use will be:
(a) Denied further access to such information by the department of licensing; and
(b) Subject to the penalty provisions of RCW 46.12.390.
Sec. 3. RCW 46.12.380 and 1995 c 254 s 10 are each amended to read as follows:
(1) 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 agency or firm authorized by the department except under the following circumstances:
(a) The requesting party is a business entity that requests the information for use in the course of business. For purposes of this section "course of business" does not include the sale or other distribution of a vehicle's registered owner's name or address to another person whose identity is not disclosed to the disclosing entity in the request or disclosure agreement;
(b)
The request is a written request that is signed by the person requesting
disclosure that contains the full legal name and address of the requesting
party, that specifies the purpose for which the information will be used; ((and))
(c) The requesting party enters into a disclosure agreement with the department in which the party promises that the party will use the information only for the purpose stated in the request for the information; and that the party does not intend to use, or facilitate the use of, the information for the purpose of making any unsolicited business contact with a person named in the disclosed information. The term "unsolicited business contact" means a contact that is intended to result in, or promote, the sale of any goods or services to a person named in the disclosed information. The term does not apply to situations where the requesting party and such person have been involved in a business transaction prior to the date of the disclosure request and where the request is made in connection with the transaction; and
(d) The vehicle's registered owner has not exercised his or her authority under section 1 of this act to prohibit the department or other entity from disclosing the information.
(2) The disclosing entity shall retain the request for disclosure for three years. "Disclosing entity" as used in this section means the person or entity that discloses the vehicle's registered owner's name and address from a vehicle licensing record to another person or entity.
(3) Whenever the disclosing entity grants a request for information under this section by an attorney or private investigator, the disclosing entity shall provide notice to the vehicle owner, to whom the information applies, that the request has been granted. The notice also shall contain the name and address of the requesting party.
(4) Any person who is furnished vehicle owner information under this section shall be responsible for assuring that the information furnished is not used for a purpose contrary to the agreement between the person and the department. If the person supplies vehicle owner information to a third person, that person shall provide notice to the vehicle's registered owner to whom the information applies that the information has been disclosed. The notice must also contain the name and address of the requesting party.
(5) This section shall not apply to requests for information by governmental entities or requests that may be granted under any other provision of this title expressly authorizing the disclosure of the names or addresses of vehicle owners.
(6) This section shall not apply to title history information under RCW 19.118.170.
(7) If the department or other entity or person discloses name and address information of a vehicle's registered owner in violation of the terms of RCW 46.12.390, 46.12.380, or 46.12.370, the vehicle's registered owner may bring a civil action against the disclosing entity for damages as a result of the violation. If the vehicle's registered owner prevails, he or she must be allowed a reasonable attorney's fee and costs as determined by the court. If the department or other entity or person discloses information as provided under RCW 46.12.390, 46.12.380, or 46.12.370, and the receiver of the information then discloses the information in violation of one or more of those sections, the vehicle's registered owner may not bring a civil action against the department, person, or entity that originally disclosed the information.
Sec. 4. RCW 46.12.390 and 1990 c 232 s 3 are each amended 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 to the disclosing entity in the request or disclosure agreement
is 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.
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