Original Notice.

Preproposal statement of inquiry was filed as WSR 00-24-109.

Title of Rule: Chapter 308-56A WAC, Certificates of title -- Motor vehicles, etc.

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 46.01.110, 46.12.101, 88.02.070.

Summary: Amending WAC 308-56A-090 Disclosure of individual owner information and 308-56A-270 Forms of signature; and repealing WAC 308-56A-095 Commercial parking companies.

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.

Name of Proponent: , governmental.

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

Explanation of Rule, its Purpose, and Anticipated Effects: 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 business 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-Licenses Building, Conference Room 107, 1125 Washington Street S.E., Olympia, WA 98507, on November 28, 2001, at 10:00 a.m.

Assistance for Persons with Disabilities: Contact Katherine Iyall Vasquez by November 27, 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 November 27, 2001.

Date of Intended Adoption: December 19, 2001.

October 18, 2001

D. McCurley, Administrator

Title and Registration Services

OTS-5241.1

AMENDATORY SECTION(Amending WSR 00-20-065, filed 10/3/00, effective 11/3/00)

WAC 308-56A-090   Disclosure of individual vehicle owner information.   (((1) What vehicle record information is protected under chapters 42.17 and 46.12 RCW? Information protected under chapters 42.17 and 46.12 RCW includes:

(a) Name and address information;

(b) Social Security numbers;

(c) Medical or disability information;

(d) Telephone numbers.

(2) Who may obtain vehicle owner information on individual vehicle records? The following may obtain vehicle owner information:

(a) Individuals that provide personal identification:

(i) For vehicles currently registered in their name; or

(ii) For vehicles they can provide a bill of sale or document indicating that they purchased the vehicle.

(b) Businesses;

(c) Private investigators;

(d) Attorneys; and

(e) Government agencies.

(3) What information may be disclosed about a vehicle? The following information may be disclosed:

(a) To individuals:

(i) Odometer history;

(ii) Total number of previous owners;

(iii) Foreign titles issued; and

(iv) Insurance destroyed in or reported to Washington.

(b) To businesses, private investigators, attorneys, and government agencies, information relating to their course of business.

(4) What needs to be provided to the department in order to obtain vehicle information? To obtain vehicle information:

(a) Individuals are required to submit their request to the department.

(b) Washington businesses must provide:

(i) A completed form provided by the department; and

(ii) A copy of their current Washington master business license for Washington licensed businesses; or

(iii) Their Federal Employer Identification Number on their official letterhead with a notarized signature of the owner or their authorized representative for businesses not required to be licensed in Washington.

(c) Out-of-state businesses must provide a completed form provided by the department; and

(i) A copy of their current business license issued by the foreign jurisdiction where the business is authorized to do business; or

(ii) Their Federal Employer Identification Number on official letterhead with a notarized signature of the owner or their authorized representative for the foreign business not licensed in the foreign jurisdiction.

(d) Private investigators must provide a completed form provided by the department and a copy of their private investigator's license.

(e) Attorneys must provide a completed form provided by the department and a copy of their bar card or business license.

(5) 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 contract exists between the business and the department.

(6) Are businesses allowed individual owner information on vehicle records? Yes, if a business qualifies under RCW 46.12.380 and 18.USC 27.21, (commonly known as Driver Privacy Protection Act) they may receive 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 42.17 and 46.12 RCW which includes:

(a) Name and address information;

(b) Social Security numbers;

(c) Medical or disability information; and

(d) Telephone numbers.

(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 that requires use of name and address information in their normal course of business in accordance with these rules;

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

(d) Individuals that provide proof of personal identification:

(i) For vehicles currently registered in their name; or

(ii) For vehicles they can provide a bill of sale or acceptable documents indicating that they purchased the vehicle.

Business and government entities requesting disclosure of individual vehicle owner names and addresses must enter into a disclosure agreement with the department.

(3) 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 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.

(4) 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.

(5) 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 contract exists between the business and the department.

(6) 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.

(7) Are businesses allowed individual owner information on vehicle records? Yes, if a business requires individual owner information to conduct their regular business and qualifies under RCW 46.12.380 and 18 U.S.C. 27.21 (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 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 individual name(s) and address(es) of vehicle owners? Notwithstanding the provisions of chapter 42.17 RCW, 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:

(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.

(10) 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.

(11) 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.

(12) 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.

(13) Who is responsible for assuring that the information is used appropriately? Any person, business, entity or association that receives vehicle 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 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.]

(a) The signature of an individual in the same form as the name appears on the application or on the certificate of ownership.

(b) The signature containing initials corresponding to the first letter of the given name(s).

(c) The signature containing a given name(s) corresponding to the initials.

(d) Common nicknames such as Bob for Robert, Jim for James, Betty for Elizabeth, etc.

(e) The signature, any memorandum, mark or sign made with the intent to authenticate and application for certificate of ownership or registration of any person provided in RCW 9A.04.110(23).

(2) What form of signature is required for business owned vehicles? Signatures for business owned vehicles must include:

(a) The name of the business or a commonly accepted abbreviation for the business;

(b) The signature of the person ((who is signing)) designated to sign on behalf of the business; and

(c) The title of the position of the person.

[Statutory Authority: RCW 46.01.110. 99-08-065, 308-56A-270, filed 4/5/99, effective 5/6/99; Order MV 208, 308-56A-270, filed 7/31/74.]

     The following section of the Washington Administrative Code is repealed:

WAC 308-56A-095

Commercial parking companies.

Washington State Code Reviser's Office