Passed by the House April 24, 2019 Yeas 94 Nays 0 FRANK CHOPP
Speaker of the House of Representatives Passed by the Senate April 15, 2019 Yeas 48 Nays 0 CYRUS HABIB
President of the Senate | CERTIFICATE I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED HOUSE BILL 2067 as passed by the House of Representatives and the Senate on the dates hereon set forth. BERNARD DEAN
Chief Clerk Chief Clerk |
Approved May 7, 2019 11:01 AM | FILED May 13, 2019 |
JAY INSLEE
Governor of the State of Washington | Secretary of State State of Washington |
ENGROSSED HOUSE BILL 2067
AS AMENDED BY THE SENATE
Passed Legislature - 2019 Regular Session
State of Washington | 66th Legislature | 2019 Regular Session |
ByRepresentatives Davis, Chambers, Jinkins, Dufault, Riccelli, Doglio, Tarleton, Kilduff, and Pollet
Read first time 02/15/19.Referred to Committee on Transportation.
AN ACT Relating to prohibiting the disclosure of certain individual vehicle and vessel owner information of those participating in the address confidentiality program; amending RCW
46.12.635 and
40.24.030; adding a new section to chapter
40.24 RCW; creating a new section; and providing an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW
46.12.635 and 2016 c 80 s 2 are each amended to read as follows:
(1) Notwithstanding the provisions of chapter
42.56 RCW, the name or address of an individual vehicle or vessel 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;
(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.
(2) Where both a mailing address and residence address are recorded on the vehicle or vessel record and are different, only the mailing address will be disclosed. Both addresses will be disclosed in response to requests for disclosure from courts, law enforcement agencies, or government entities with enforcement, investigative, or taxing authority and only for use in the normal course of conducting their business.
(3) The disclosing entity shall retain the request for disclosure for three years.
(4)(a) 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 or vessel owner, to whom the information applies, that the request has been granted. The notice must only include: (i) That the disclosing entity has disclosed the vehicle or vessel owner's name and address pursuant to a request made under this section; (ii) the date that the disclosure was made; and (iii) that the vehicle or vessel owner has five days from receipt of the notice to contact the disclosing entity to determine the occupation of the requesting party.
(b) Except as provided in (c) of this subsection, the only information about the requesting party that the disclosing entity may disclose in response to a request made by a vehicle or vessel owner under (a) of this subsection is whether the requesting party was an attorney or private investigator. The request by the vehicle or vessel owner must be submitted to the disclosing entity within five days of receipt of the original notice.
(c) In the case of a vehicle or vessel owner who submits to the disclosing entity a copy of a valid court order restricting another person from contacting the vehicle or vessel owner or his or her family or household member, the disclosing entity shall provide the vehicle or vessel owner with the name and address of the requesting party.
(5) Any person who is furnished vehicle or vessel 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.
(6) 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 or vessel owners. Requests from law enforcement officers for vessel record information must be granted. The disclosure agreement with law enforcement entities must provide that law enforcement may redisclose a vessel owner's name or address when trying to locate the owner of or otherwise deal with a vessel that has become a hazard.
(7) The department shall disclose vessel records for any vessel owned by a governmental entity upon request.
(8) This section shall not apply to title history information under RCW
19.118.170.
(9) The department shall charge a fee of two dollars for each record returned pursuant to a request made by a business entity under subsection (1) of this section and deposit the fee into the highway safety account.
(10) The department, county auditor, or agency or firm authorized by the department shall not release the name, any address, vehicle make, vehicle model, vehicle year, vehicle identification number, vessel make and model, vessel model year, hull identification number, vessel document number, vessel registration number, vessel decal number, or license plate number associated with an individual vehicle or vessel owner who is a participant in the address confidentiality program under chapter 40.24 RCW except as allowed in subsection (6) of this section and RCW 40.24.075. NEW SECTION. Sec. 2. A new section is added to chapter
40.24 RCW to read as follows:
The department of licensing, county auditors, or agencies or firms authorized by the department of licensing may not disclose the name, any address, vehicle make, vehicle model, vehicle year, vehicle identification number, vessel make and model, vessel model year, hull identification number, vessel document number, vessel registration number, vessel decal number, or license plate number associated with a program participant under the disclosure authority provided in RCW
46.12.635 except as allowed in RCW
46.12.635(6) or if provided with a court order as allowed in RCW
40.24.075.
Sec. 3. RCW
40.24.030 and 2011 c 64 s 2 are each amended to read as follows:
(1)(a) An adult person, a parent or guardian acting on behalf of a minor, or a guardian acting on behalf of an incapacitated person, as defined in RCW
11.88.010, and (b) any criminal justice participant as defined in RCW
9A.46.020 who is a target for threats or harassment prohibited under RCW
9A.46.020(2)(b) (iii) or (iv), and any family members residing with him or her, may apply to the secretary of state to have an address designated by the secretary of state serve as the person's address or the address of the minor or incapacitated person. The secretary of state shall approve an application if it is filed in the manner and on the form prescribed by the secretary of state and if it contains:
(i) A sworn statement, under penalty of perjury, by the applicant that the applicant has good reason to believe (A) that the applicant, or the minor or incapacitated person on whose behalf the application is made, is a victim of domestic violence, sexual assault, trafficking, or stalking and that the applicant fears for his or her safety or his or her children's safety, or the safety of the minor or incapacitated person on whose behalf the application is made; or (B) that the applicant, as a criminal justice participant as defined in RCW
9A.46.020, is a target for threats or harassment prohibited under RCW
9A.46.020(2)(b) (iii) or (iv);
(ii) If applicable, a sworn statement, under penalty of perjury, by the applicant, that the applicant has reason to believe they are a victim of (A) domestic violence, sexual assault, or stalking perpetrated by an employee of a law enforcement agency, or (B) threats or harassment prohibited under RCW
9A.46.020(2)(b) (iii) or (iv);
(iii) A designation of the secretary of state as agent for purposes of service of process and for the purpose of receipt of mail;
(iv) The residential address and any telephone number where the applicant can be contacted by the secretary of state, which shall not be disclosed because disclosure will increase the risk of (A) domestic violence, sexual assault, trafficking, or stalking, or (B) threats or harassment prohibited under RCW
9A.46.020(2)(b) (iii) or (iv);
(v) The signature of the applicant and of any individual or representative of any office designated in writing under RCW
40.24.080 who assisted in the preparation of the application, and the date on which the applicant signed the application.
(2) Applications shall be filed with the office of the secretary of state.
(3) Upon filing a properly completed application, the secretary of state shall certify the applicant as a program participant. Applicants shall be certified for four years following the date of filing unless the certification is withdrawn or invalidated before that date. The secretary of state shall by rule establish a renewal procedure.
(4)(a) During the application process, the secretary of state shall provide each applicant a form to direct the department of licensing to change the address of registration for vehicles or vessels solely or jointly registered to the applicant and the address associated with the applicant's driver's license or identicard to the applicant's address as designated by the secretary of state upon certification in the program. The directive to the department of licensing is only valid if signed by the applicant. The directive may only include information required by the department of licensing to verify the applicant's identity and ownership information for vehicles and vessels. This information is limited to the:
(i) Applicant's full legal name;
(ii) Applicant's Washington driver's license or identicard number;
(iii) Applicant's date of birth;
(iv) Vehicle identification number and license plate number for each vehicle solely or jointly registered to the applicant; and
(v) Hull identification number or vessel document number and vessel decal number for each vessel solely or jointly registered to the applicant.
(b) Upon certification of the applicants, the secretary of state shall transmit completed and signed directives to the department of licensing.
(c) Within thirty days of receiving a completed and signed directive, the department of licensing shall update the applicant's address on registration and licensing records.
(d) Applicants are not required to sign the directive to the department of licensing to be certified as a program participant.
(5) A person who knowingly provides false or incorrect information upon making an application or falsely attests in an application that disclosure of the applicant's address would endanger (a) the applicant's safety or the safety of the applicant's children or the minor or incapacitated person on whose behalf the application is made, or (b) the safety of any criminal justice participant as defined in RCW
9A.46.020 who is a target for threats or harassment prohibited under RCW
9A.46.020(2)(b) (iii) or (iv), or any family members residing with him or her, shall be punished under RCW
40.16.030 or other applicable statutes.
NEW SECTION. Sec. 4. (1) By November 1, 2019, the secretary of state shall, in accordance with RCW 40.24.030, provide to current program participants, as of August 1, 2019, forms to direct the department of licensing to change the address of registration for vehicles or vessels solely or jointly registered to the applicant or the address associated with the applicant's driver's license or identicard to the applicant's address as designated by the secretary of state upon certification in the program. (2) This section expires June 30, 2020.
Passed by the House April 24, 2019.
Passed by the Senate April 15, 2019.
Approved by the Governor May 7, 2019.
Filed in Office of Secretary of State May 13, 2019.
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