PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 00-16-034.
Title of Rule: Chapter 308-93 WAC, Public disclosure of vessel names and addresses.
Purpose: 1. To meet the criteria set forth in Governor Locke's Executive Order 97-02.
2. To clarify rules and help make them more comprehensible.
Statutory Authority for Adoption: RCW 88.02.070.
Summary: Amending WAC 308-93-087 Disclosure of names and addresses of individual owners, 308-93-088 Disclosure violations, penalties and new section 308-93-089 Lists of registered and legal owners of vessels -- Furnished for certain purposes -- Penalty for unauthorized use, and repealing WAC 308-93-660 Destruction of records by department.
Reasons Supporting Proposal: Meet criteria supporting Governor Locke's Executive Order 97-02.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Katherine Iyall Vasquez, 1125 Washington Street S.E., Olympia, 902-3718.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The purpose of these rules is to identify who may receive owner names and addresses. The anticipated effects will be a clarification of the above-mentioned requirements.
Proposal Changes the Following Existing Rules: Clarify sections needed and repeal those no longer required.
No small business economic impact statement has been prepared under chapter 19.85 RCW. A small business economic impact statement is not required pursuant to RCW 19.85.030 (1)(a). The proposed rule making does not impose more than a minor cost on businesses in an industry.
RCW 34.05.328 does not apply to this rule adoption. The contents of the proposed rules are explicitly and specifically dictated by statute.
Hearing Location: Highways-License Building, Conference Room 107, 1125 Washington Street S.E., Olympia, WA 98507, on June 27, 2001, at 10:30.
Assistance for Persons with Disabilities: Contact Katherine Iyall Vasquez by June 26, 2001, TTY (360) 664-8885 or (360) 902-3718.
Submit Written Comments to: Katherine Iyall Vasquez, Rules Manager, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, fax (360) 664-0831, by June 26, 2001.
Date of Intended Adoption: July 20, 2001.
May 15, 2001
Deborah McCurley, Administrator
Title and Registration Services
OTS-4889.1
AMENDATORY SECTION(Amending WSR 99-01-134, filed 12/21/98,
effective 1/21/99)
WAC 308-93-087
Disclosure of names and addresses of
individual vessel owners.
(((1) Who may receive disclosure of
individual vessel owner names and addresses?
(a) Any business entity that uses the name and address information in the course of business in accordance with these rules; or
(b) A vessel owner for their own vessel.
(2) What documentation is needed to receive vessel owner names and addresses?
Each entity shall 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) If an attorney, a copy of his or her bar card; or
(d) If a private investigator, a copy of his or her private investigator's license.
(3) What is acceptable verification?
For purposes of this section acceptable 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 employer identification number on its official letterhead with a notarized signature of the owner or an authorized representative; or
(c) 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 on its official letterhead with a notarized signature of the owner or an authorized representative.
(4) 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.
(5) 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 requestor presents a bill of sale and needs the ownership information to obtain a release of interest.
(6) 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 (5)(b) of this section.
(7) When may the department disclose the names and addresses of vessel owners?
Notwithstanding the provisions of chapter 42.17 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 the 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 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.
(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. 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?
When the department grants a request from an attorney or private investigator, for information under this section, the department shall provide notice to the vessel owner that the request has been granted. The notice shall also contain the name and address of the requesting party.
(10) 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.
(11) Who is responsible for assuring that the information is used appropriately?
Any person, business, entity or association that receives vessel owner information under this section shall be responsible for assuring that the information received is not used for a purpose contrary to the agreement between the person, business, entity or association and the department.
(12) Who is exempt from the provisions of this section?
This section shall not apply to requests for information by government entities or requests that may be granted under any other provision of this chapter expressly authorizing the disclosure of the name or address of vessel owners.)) (1) What vessel record information is protected from disclosure?
Vessel information protected from disclosure is the same as under chapters 42.17 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 require vessel ownership information for recall of their own products; or
(d) A vessel owner for their own vessel.
(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 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 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; 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.
(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) Who is responsible for assuring that the information is used appropriately?
Any person, business, entity or association that receives vessel owner information under this section is responsible for assuring that the information received is not used for a purpose contrary to the agreement between the person, business, entity or association and the department.
[Statutory Authority: RCW 88.02.070 and 88.02.100. 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.]
(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 ((shall)) 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 and 88.02.100. 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.]
Vessel information protected under chapters 42.17 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;
(e) Uniform Business Identifier; and
(f) Bank account information.
(2) Who may receive 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 of vessels, or their authorized agents, to be used to enable those manufactures 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 parts of the list that are 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 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 list of vessel owner name and address information?
The department of licensing, 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 42.17 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; 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. 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.
(11) Who is responsible for assuring that the information is used appropriately?
Any person, business, entity or association that receives vessel owner information under this section shall be responsible for assuring that the information received is not used for a purpose contrary to the agreement between the person, business, entity or association and the department or state and federal laws and regulations.
[]
The following section of the Washington Administrative Code is repealed:
| WAC 308-93-660 | Destruction of records by department. |