04/20/2000 09:10 AM Senate FIN

HOUSE BILL NO. 324                                                                                                              
"An Act requiring written consent by the person who is                                                                          
the subject of the information before releasing                                                                                 
personal information contained in motor vehicle                                                                                 
records, to comply with 18 U.S.C. 2721; and providing                                                                           
for an effective date."                                                                                                         
                                                                                                                                
                                                                                                                                
CHARLES HOSACK, Deputy Director, Division of Motor                                                                              
Vehicles, Department of Administration testified via                                                                            
teleconference from Anchorage.  He stated that this                                                                             
legislation would bring Alaska into compliance with federal                                                                     
law regarding release of information.  He noted that Alaska                                                                     
and federal law currently allows the release for 11                                                                             
permitted uses and added that this bill, including the                                                                          
federal law change will affect two of these permitted uses.                                                                     
He added that one of these was for marketing and                                                                                
solicitation and the other for open release of vehicle                                                                          
records.  He advised that these uses are currently                                                                              
permitted, unless a person specifically informs the                                                                             
division not to release this information.  He asserted that                                                                     
the changes to these two uses will not be allowed unless                                                                        
the person specifically requests that their specific                                                                            
information be released or that they want to receive                                                                            
solicitations.                                                                                                                  
                                                                                                                                
Co-Chair Torgerson asked how the division would notify the                                                                      
public of these changes in law.                                                                                                 
                                                                                                                                
Mr. Hosack responded that this would be accomplished                                                                            
through public releases and along with registration renewal                                                                     
notices.                                                                                                                        
                                                                                                                                
Senator Phillips asked if this legislation would restrict a                                                                     
person from researching the history of a vehicle.                                                                               
                                                                                                                                
Mr. Hosack responded affirmatively and added that if an                                                                         
individual wishes to buy a used vehicle, the division would                                                                     
not be able to release this vehicle's history of use.  He                                                                       
pointed out that this same provision is already signed into                                                                     
federal law and will go into effect June 1st.                                                                                   
                                                                                                                                
Senator Phillips asked what someone would do if they                                                                            
collected antique or classic cars.                                                                                              
                                                                                                                                
Mr. Hosack responded that the division would not be able to                                                                     
release this information unless the collector obtained a                                                                        
signed release from the vehicle owner.                                                                                          
                                                                                                                                
Co-Chair Torgerson asked if the state would be out of                                                                           
compliance by making an exception for historical antique                                                                        
vehicles and classics.                                                                                                          
                                                                                                                                
Mr. Hosack responded that the state would be out of                                                                             
compliance with federal law.  He noted that the state and                                                                       
the individuals who release this information could be fined                                                                     
$5000 per day by the U.S. Attorney General's office.                                                                            
                                                                                                                                
Senator Donley added that his interpretation of this                                                                            
legislation was that it requires written consent from the                                                                       
person who is the subject of the requested information and                                                                      
he wondered why Mr. Hosack specified that permission must                                                                       
be granted by the vehicle's owner.                                                                                              
                                                                                                                                
Mr. Hosack responded that the owner information would be                                                                        
information such as name, address and vehicle type related                                                                      
to this individual.                                                                                                             
                                                                                                                                
Senator Donley disagreed and added that this information                                                                        
could include a lot more, such as prior owners.  He noted                                                                       
that this would solve the present problem with this                                                                             
legislation, because before an individual buys a classic                                                                        
car, the present owner could give permission for                                                                                
researching the vehicle's history.  He stated that he                                                                           
thought this language went to the "subject of the                                                                               
information."  He asked if the federal law specified.                                                                           
                                                                                                                                
Mr. Hosack responded that the federal law reads exactly as                                                                      
the proposed language before the Committee, i.e., the                                                                           
subject of the information.                                                                                                     
                                                                                                                                
Senator Leman referred to the definition of "personal                                                                           
information" in statute.  He read the following excerpt:                                                                        
"Personal information includes name, address, telephone                                                                         
number and medical or disability information, but does not                                                                      
include information on vehicular accidents, driving or                                                                          
equipment related violations, drivers license or                                                                                
registration status or a zip code."  He wondered why zip                                                                        
code would not be included if someone's address and                                                                             
telephone is included.                                                                                                          
                                                                                                                                
Mr. Hosack responded this was set aside for statistical                                                                         
purposes in generating reports on where vehicles are                                                                            
located.                                                                                                                        
                                                                                                                                
Senator Donley stated this exemption could be a way for                                                                         
individuals who are interested in buying antique cars to                                                                        
get some of the pertinent information regarding the history                                                                     
of the vehicle.                                                                                                                 
                                                                                                                                
Senator Leman made a motion to move HB 324, version 1-                                                                          
GH2063.A from Committee with individual recommendations and                                                                     
a zero fiscal note from the Division of Motor Vehicles.                                                                         
Hearing no objection the bill was MOVED FROM COMMITTEE.