Original Notice.

     Preproposal statement of inquiry was filed as WSR 10-04-031.

     Title of Rule and Other Identifying Information: WAC 308-56A-090, 308-93-087, 308-93-088 and 308-93-089, removing the requirement of having public disclosure requests notorized [notarized].

     Hearing Location(s): Department of Licensing, Conference Room 108, 1125 Washington Street S.E., Olympia, WA 98507, on May 11, 2010, at 10:00 a.m.

     Date of Intended Adoption: May 11, 2010.

     Submit Written Comments to: Dale R. Brown, P.O. Box 2957, Mailstop 48205, 1125 Washington Street S.E., 98507-2957, e-mail DBROWN@DOL.WA.GOV, fax (360) 902-0140, by May 10, 2010.

     Assistance for Persons with Disabilities: Contact Dale R. Brown by May 10, 2010, TTY (360) 664-8885.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Removes the requirement of have [having] public disclosure requests notorized [notarized].

     Reasons Supporting Proposal: Enhanced customer service.

     Statutory Authority for Adoption: RCW 46.01.110.

     Rule is not necessitated by federal law, federal or state court decision.

     Name of Proponent: [Department of licensing], governmental.

     Name of Agency Personnel Responsible for Drafting: Walt Fahrer, 8005 "A" River Drive S.E., Tumwater, WA, (360) 359-4015; Implementation and Enforcement: Hannah Fultz, 8005 "A" River Drive S.E., Tumwater, WA, (360) 359-4013.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not affect small business.

     A cost-benefit analysis is not required under RCW 34.05.328. The department of licensing is not one of the named agencies that must comply with this statute.

March 30,2010

Walt Fahrer

Rules Coordinator

OTS-3118.2

AMENDATORY SECTION(Amending WSR 06-15-059, filed 7/12/06, effective 8/12/06)

WAC 308-56A-090   Disclosure of individual 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 ((which includes:

     (a) Name and address information;

     (b) Social Security numbers;

     (c) Medical or disability information; and

     (d) Telephone numbers)), and 18 U.S.C. 2721.

     (2) Who may receive disclosure of individual vehicle owner names and addresses?

     (a) Government agencies ((that require use of name and address information in their normal course of business));

     (b) ((Any business entity)) Businesses that require((s use of name and address)) the information in their normal course of conducting business ((in accordance with these rules));

     (c) Vehicle manufacturers ((who)) that require vehicle ownership information for recall of their product;

     (d) Individuals ((that)) 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 ((that)) they purchased the vehicle.

     (e) Please see subsection (3) of this section for additional restrictions.

     Business and government ((entities)) 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? ((Where)) 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 ((entities)) agencies with enforcement, investigative, or taxing authority and only for use in the normal course of conducting ((their)) business.

     (4) What documentation does the department require to disclose vehicle owner name(s) and address(es)? The department requires:

     (a) A signed ((and notarized)) vehicle/vessel record disclosure request ((application)) form provided by the department and completed by the ((applicant)) requestor indicating the specific purpose for which the information will be used; and

     (b) A disclosure agreement with the department as required by RCW 46.12.380.

     (c) Acceptable business ((entity)) 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 ((notarized)) 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 ((a)) an unexpired contract exists between the business and the department.

     (7) ((If a business entity has entered into a contract or agreement with the department, is a separate request for each inquiry required? No. If a business entity has entered into a signed contract between the business and the department, a separate request for each inquiry is not required.

     (8))) Are businesses allowed individual owner information on vehicle records? Yes, if a business requires individual owner information to conduct its ((regular)) normal business and qualifies under RCW 46.12.380 and 18 U.S.C. ((27.21)) 2721 (commonly known as Driver Privacy Protection Act), it may receive individual vehicle owner information.

     (((9))) (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.

     (((10))) (9) When may the department disclose the individual name(s) and address(es) of vehicle owners? Notwithstanding the provisions of chapters 42.56 and 46.12 RCW, and 18 U.S.C. 2721 the department may disclose names and addresses of vehicle owners when:

     (a) The requesting party is a business ((entity)) that requests the information for use in their normal course of business;

     (b) 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

     (c) The requesting party enters into a disclosure agreement with the department in which the ((party)) parties: (((i))) Agree((s)) they will use the information only for the purpose stated in the request for the information((; and

     (ii) Will not 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.

     (11) What does the term "unsolicited business contact" mean? 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 disclosure 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)).

     (((12))) (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. The notice will provide the name and address of the requesting party. 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 include the name and address of the requesting party and provide a copy to the department's public disclosure unit.

     (((13) How long will the department retain the request for disclosure of vehicle owner information? The department will retain the request for disclosure for three years.

     (14))) (11) Who is responsible for assuring that the information is used appropriately? Any person, business, ((entity)) 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, ((entity)) agency or association and the department.

[Statutory Authority: RCW 46.01.110. 06-15-059, § 308-56A-090, filed 7/12/06, effective 8/12/06. Statutory Authority: RCW 46.16.010, 46.12.370, and 46.12.380. 05-18-002, § 308-56A-090, filed 8/25/05, effective 9/25/05. Statutory Authority: RCW 46.01.110, 46.12.101, 88.02.070. 02-01-123, § 308-56A-090, filed 12/19/01, effective 1/19/02. Statutory Authority: RCW 46.01.110 and 46.12.101. 00-20-065, § 308-56A-090, filed 10/3/00, effective 11/3/00; 98-12-099, § 308-56A-090, filed 6/3/98, effective 7/4/98. Statutory Authority: RCW 42.17.250(1), 46.01.110, 46.12.151 and 46.12.380. 96-03-047, § 308-56A-090, filed 1/11/96, effective 2/11/96. Statutory Authority: RCW 46.01.110 and 88.02.070. 91-03-088, § 308-56A-090, filed 1/18/91, effective 2/18/91.]

OTS-3101.2

AMENDATORY SECTION(Amending WSR 01-16-105, filed 7/30/01, effective 8/30/01)

WAC 308-93-087   Disclosure of names and addresses of individual vessel owners.   (1) What vessel record information is protected from disclosure?

     Vessel information protected from disclosure is the same as under chapters ((42.17)) 42.56 and 46.12 RCW ((which includes:

     (a) Name and address information;

     (b) Social Security numbers;

     (c) Uniform Business Identifier; and

     (d) Telephone numbers)).

     (2) Who may receive disclosure of individual vessel owner names and addresses?

     (a) Government agencies;

     (b) Any business entity that uses the name and address information in their normal course of business in accordance with these rules;

     (c) Vessel manufacturers ((who)) that require vessel ownership information for recall of their own products;

     (d) A vessel owner for their own vessel; or

     (e) Individuals who meet the criteria listed in subsection (6) of this section.

     (3) What documentation does the department require to disclose vessel owner names and addresses?

     The department requires:

     (a) A ((record)) disclosure request form provided by the department and completed by the applicant; and

     (b) Acceptable business ((entity)) verification.

     (4) What is acceptable business verification?

     For purposes of this section acceptable business verification includes:

     (a) If a licensed Washington business, a copy of its current unexpired master business license;

     (b) If a business is not required to be licensed in this state, its federal employer identification number/federal tax number (or Uniform Business Identifier) on its official letterhead with a ((notarized)) 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; or

     (e) If an out-of-state business not licensed in Washington:

     (i) If the business is required to be licensed, a copy of its current business license issued by the governmental authority with jurisdiction over the license; or

     (ii) If the business is not required to be licensed, its federal employer identification number/federal tax number on its official letterhead with a ((notarized)) signature of the owner or an authorized representative.

     (5) If a business ((entity)) has entered into an agreement with the department, is a separate request for each inquiry required?

     No. If a business ((entity)) has entered into a written agreement with the department, a separate request for each inquiry is not required.

     (6) When may an individual be provided vessel owner name and address information?

     (a) When the owner of record is requesting the information; or

     (b) When the requester presents a bill of sale or other evidence of ownership and needs the ownership information ((of record)) to obtain a release of interest.

     (7) Who may release the vessel owner name and address information?

     (a) The department of licensing; or

     (b) Agents and subagents, only when disclosing information for purposes described in subsection (6)(b) of this section.

     (8) When may the department disclose the names and addresses of vessel owners?

     Notwithstanding the provisions of chapter ((42.17)) 42.56 RCW, the department may disclose the names and addresses of vessel owners when:

     (a) The requesting party is a business ((entity)) that requests the information for use in their normal course of business;

     (b) 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;

     (c) The requesting party enters into a disclosure agreement with the department in which the ((party)) parties:

     (i) Agree((s)) they will use the information only for the purpose stated in the request for the information; and

     (ii) ((Will not 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; and

     (d))) Individuals ((who)) meet the criteria listed in subsection (6) of this section.

     (9) ((What does the term "unsolicited business contact" mean?

     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 disclosure 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.

     (10))) Is the department required to notify the vessel 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 vessel owner that the request has been granted. In addition, the notice will contain the name and address of the requesting party.

     (((11) How long will the department retain the request for disclosure of vessel owner information?

     The department will retain the request for disclosure for three years.

     (12))) Additionally, if contract holders release owner information to a private investigator or attorney, they must notify the vessel owner that a request has been granted and include the name and address of the requesting party and send a copy to the department public disclosure unit.

     (10) Who is responsible for assuring that the information is used appropriately?

     Any person, business, ((entity)) agency or association that receives vessel 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, ((entity)) agency or association and the department.

[Statutory Authority: RCW 88.02.070, 88.02.100. 01-16-105, § 308-93-087, filed 7/30/01, effective 8/30/01; 99-01-134, § 308-93-087, filed 12/21/98, effective 1/21/99; 92-24-035, § 308-93-087, filed 11/25/92, effective 12/26/92. Statutory Authority: RCW 88.02.070. 88-24-003 (Order TL/RG 47), § 308-93-087, filed 11/29/88.]

OTS-3116.1

AMENDATORY SECTION(Amending WSR 01-16-105, filed 7/30/01, effective 8/30/01)

WAC 308-93-088   Disclosure violations, penalties.   (1) What are violations of chapters ((42.17)) 42.56 and 46.12 RCW, this chapter, or a disclosure agreement with the department?

     (a) The unauthorized disclosure of information from a department vessel record;

     (b) The use of a false representation to obtain information from the department's vessel records;

     (c) The use of information obtained from the department vessel 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 vessel owner name or address to another person not disclosed in the request or disclosure agreement.

     (2) What are the penalties associated with these violations?

     The department may suspend or revoke for up to five years the privilege of obtaining vessel record information.

     ((In addition:

     (a) The unauthorized disclosure of information from a department vessel record; or

     (b) The use of a false representation to obtain information from the department's vessel records; or

     (c) The use of information obtained from the department vessel 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 vessel owner name or address to another person not disclosed 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 both such fine and imprisonment for each violation.))

[Statutory Authority: RCW 88.02.070, 88.02.100. 01-16-105, § 308-93-088, filed 7/30/01, effective 8/30/01; 99-01-134, § 308-93-088, filed 12/21/98, effective 1/21/99. Statutory Authority: RCW 88.02.070, 88.02.100 and 46.12.380. 96-03-046, § 308-93-088, filed 1/11/96, effective 2/11/96. Statutory Authority: RCW 88.02.070 and 88.02.100. 92-24-035, § 308-93-088, filed 11/25/92, effective 12/26/92.]

OTS-3124.2

AMENDATORY SECTION(Amending WSR 06-15-059, filed 7/12/06, effective 8/12/06)

WAC 308-93-089   Lists of registered and legal owners of vessels -- Furnished for certain purposes -- Penalty for unauthorized use.   (1) What vessel record information is protected?

     Vessel information protected from disclosure is the same as under chapters 42.56 and 46.12 RCW and Executive Order 00-03 for vehicles(( includes:

     (a) Name and address information;

     (b) Social Security numbers;

     (c) Medical or disability information;

     (d) Telephone numbers; and

     (e) Bank account information)).

     (2) Who may receive a list ((disclosure)) of individual vessel owner names and addresses?

     In addition to any other authority that it may have, the department of licensing may furnish lists of registered and legal owners of vessels only for the purposes specified in this section to:

     (a) The ((manufactures)) manufacturers of vessels, or their authorized agents, to be used to enable those ((manufactures)) manufacturers to carry out the provisions of the Federal Boat Safety Act of 1971 (85 Stat. 213; 46 U.S.C. 1451 et seq.) and the Code of Federal Regulations adopted by the United States Coast Guard;

     (b) Any governmental agency of the United States or Canada, or political subdivisions, to be used by them or their authorized commercial agents or contractors only in connection with the enforcement of the laws governing the operation of a vessel or vessel safety programs administered by 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;

     (c) A person, organization or entity for the purposes of compiling statistical data relating to vessel demographics in this state. The department may provide only a specific part of the list that is required for completion of the work required of the person, organization or entity;

     (d) An authorized agent or contractor of the department to be used only in connection with providing vessel excise tax, licensing and registration information to vessel dealers; or

     (e) Any business regularly making loans to other persons to finance the purchase of vessels, to be used to assist the person requesting the list to determine ownership of a specific vessel for the purpose of determining whether or not to provide such financing.

     (3) What documentation is needed to receive lists of vessel owner names and addresses?

     Each entity must submit the following to the department:

     (a) A record disclosure request form provided by the department and completed by the applicant; and

     (b) Verification of the applicant's identity as a business; and

     (c) A formal agreement between the requester and the department.

     (4) What is acceptable verification?

     For purposes of this section acceptable business verification includes:

     (a) If a licensed Washington business, a copy of its current unexpired master business license;

     (b) If a business not required to be licensed in this state, its federal identification number/federal tax number (or Uniform Business Identifier) on its official letterhead with a ((notarized)) signature of the owner or an authorized representative;

     (c) If an attorney, a copy of the current bar card;

     (d) If a private investigator, a copy of the current private investigator's license; or

     (e) If an out-of-state business not licensed in Washington:

     (i) If the business is required to be licensed, a copy of its current business license issued by the governmental authority with jurisdiction over the license; or

     (ii) If the business is not required to be licensed, its federal employer identification number/federal tax number on its official letterhead with a ((notarized)) signature of the owner or an authorized representative.

     (5) If a business ((entity)) or governmental agency has entered into an agreement with the department, is a separate request for each inquiry required?

     No. If a business or governmental agency has entered into an agreement with the department, a separate request for each inquiry is not required if the information will be used as originally stated.

     (6) Who may release a list of vessel owner name and address information?

     The department of licensing, driver and vehicle services division's public disclosure/records((/contracts)) section, is authorized to release lists of names and addresses to qualified applicants.

     (7) When may the department disclose lists of names and addresses of vessel owners?

     Notwithstanding the provisions of chapter 42.56 RCW, the department may disclose the names and addresses of vessel owners when:

     (a) The requesting party is a business ((entity)) that requests the information for use in their normal course of business;

     (b) The request is in writing, signed by the person requesting disclosure, ((contains)) containing 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

     (c) The requesting party enters into a disclosure agreement with the department in which the party:

     (i) Agrees they will use the information only for the purpose stated in the request for the information; and

     (ii) Will not 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.

     (8) What does the term "unsolicited business contact" mean?

     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 disclosure information or to use the information for the purposes of facilitating a profit expecting business activity. 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.

     (9) Is the department required to notify the vessel owner when ownership information is disclosed?

     No, except when the information is granted to an attorney or private investigator. The department will then provide the owner of the vessel with notification; the notice will also contain the name and address of the requesting party.

     (10) ((How long will the department retain the request for lists of names and address disclosure?

     The department will retain the requests for three years unless a contract for ongoing receipt of information is entered into.)) Additionally, if contract holders release owner information to a private investigator or attorney, they must notify the vessel owner that a request has been granted, and include the name and address of the requesting party, and send a copy to the department's public disclosure unit.

     (11) Who is responsible for assuring that the information is used appropriately?

     Any person, business, ((entity)) agency or association that receives vessel owner information under this section shall be responsible, under penalty of perjury under the laws of the state of Washington, for assuring that the information received is not used for a purpose contrary to the agreement between the person, business, ((entity)) agency or association and the department or state and federal laws and regulations.

[Statutory Authority: RCW 46.01.110. 06-15-059, § 308-93-089, filed 7/12/06, effective 8/12/06. Statutory Authority: RCW 88.02.070, 88.02.100. 01-16-105, § 308-93-089, filed 7/30/01, effective 8/30/01.]

© Washington State Code Reviser's Office