WSR 98-21-060

PROPOSED RULES

DEPARTMENT OF LICENSING

[Filed October 20, 1998, 9:28 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-14-082.

Title of Rule: 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, 88.02.100.

Summary: Amending WAC 308-93-087 Disclosure of names and addresses of individual owners, 308-93-088 Disclosure of violations, penalties and 380-93-660 Destruction of records by department; and repealing WAC 308-93-670 Disclosure of individual vessel owner names and addresses.

Reasons Supporting Proposal: Meet criteria supporting Governor Locke's Executive Order 97-02.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Patrick J. Zlateff, 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-Licenses Building, Conference Room 303, 1125 Washington Street S.E., Olympia, WA 98507, on November 24, 1998, at 10:00.

Assistance for Persons with Disabilities: Contact Patrick J. Zlateff by November 23, 1998, TDD (360) 664-8885, or (360) 902-3718.

Submit Written Comments to: Patrick J. Zlateff, Rules Coordinator, Title and Registration Services, P.O. Box 2957, Olympia, WA 98507-2957, fax (360) 664-0831, by November 23, 1998.

Date of Intended Adoption: December 19, 1998.

October 19, 1998

Nancy S. Kelly, Administrator

Title and Registration Services

OTS-2589.1

AMENDATORY SECTION (Amending WSR 92-24-035, filed 11/25/92, effective 12/26/92)

WAC 308-93-087  Disclosure of names and addresses of individual vessel owners. (1) ((Notwithstanding the provisions of chapter 42.17 RCW, the name and/or address of an individual vessel owner shall not be released by the department, county auditor, or other public agency 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 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. 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.

(2) The disclosing entity shall retain the request for disclosure for three years.

(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 vessel owner, to whom the information applies, that the request has been granted. The notice shall also contain the name and address of the requesting party.

(4) Any person who is furnished 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.

(5) 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.)) 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.

[Statutory Authority: RCW 88.02.070 and 88.02.100. 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.]

AMENDATORY SECTION (Amending WSR 96-03-046, filed 1/11/96, effective 2/11/96)

WAC 308-93-088  Disclosure violations, penalties. (1) ((The department may review the activities of a person who receives vessel 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 vessel 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 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 by both such fine and imprisonment for each violation.)) What are considered violations of chapter 42.17 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 shall suspend or revoke for up to five years the privilege of obtaining vessel record information.

[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.]

AMENDATORY SECTION (Amending WSR 90-08-018, filed 3/28/90, effective 4/28/90)

WAC 308-93-660  Destruction of records by ((director)) department. How long shall the department retain vessel application documentation? The ((director, at her/his discretion,)) department may destroy applications for vessel registrations, copies of vessel registrations issued, certificates of title and registration and other documents, records, supporting papers on file in the department which have been microfilmed or photographed or are more than five years old. If the applications for vessel registrations are renewal applications, the director may destroy such applications when the computer record has been updated.

[Statutory Authority: RCW 88.02.100 and 88.02.120. 90-08-018, § 308-93-660, filed 3/28/90, effective 4/28/90.]

REPEALER

The following section of the Washington Administrative Code is repealed:

WAC 308-93-670 Disclosure of individual vessel owner names and addresses.