Legislature(1999 - 2000)

03/09/2000 08:20 AM House STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
HB 324 - PERSONAL INFO IN MOTOR VEH. RECORDS                                                                                  
                                                                                                                                
CHAIR JAMES  announced the  next order of  business is  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."                                                                              
                                                                                                                                
MARY MARSHBURN,  Director, Division of Motor  Vehicles, Department                                                              
of Administration,  testified via  teleconference from  Anchorage.                                                              
She  said the  purpose  of  HB 324  is  to  bring state  law  into                                                              
compliance  with  recently passed  federal  legislation  regarding                                                              
confidentiality of  vehicle records.   She noted that HB  324 does                                                              
apply  only to  vehicle records  and  does not  apply to  driver's                                                              
license  or  driver  information  which  is  already  private  and                                                              
confidential  covered under  a separate  statute.   She  explained                                                              
that the original  federal law after which the  Alaska statute was                                                              
modeled allowed  information from vehicle records  to be disclosed                                                              
for  eleven  permitted  uses,  ten  of  which  uses  were  vehicle                                                              
centered because they involved uses  by law enforcement, the court                                                              
system, government agencies in hearings,  and uses like that.  The                                                              
eleventh  use,   she  added,  permitted  the  information   to  be                                                              
disclosed for mass marketing for  bulk surveys if the owner of the                                                              
vehicle had not prohibited the release of that information.                                                                     
                                                                                                                                
MS.  MARSHBURN commented  that  the  new federal  law  and HB  324                                                              
retains    allowable  uses  by  government   agencies  in  various                                                              
proceedings  for  law enforcement  but  the  new federal  law  did                                                              
change relating  to mass marketing.   She mentioned that  under HB
324  information  for the  purpose  of  mass marketing  cannot  be                                                              
disclosed unless  the owner  has given  specific permission.   She                                                              
informed  the committee  that  federal legislation  mandates  that                                                              
Alaska be in compliance with the  new law by June 1,2000 or suffer                                                              
daily sanctions until the state is in compliance.                                                                               
                                                                                                                                
Number 0500                                                                                                                     
                                                                                                                                
CHAIR JAMES stated  that for reasons of illustration,  assume that                                                              
someone is parked  on her property and the only  recourse that she                                                              
has  is  to call  the  license  plate  number  in to  the  police.                                                              
However, she noted that where she  lives, the few police available                                                              
are very busy with  more important calls and do not  have time for                                                              
nuisance  calls.   She  inquired  as to  how  she is  supposed  to                                                              
address her rights in view of HB 324.                                                                                           
                                                                                                                                
MS. MARSHBURN replied  that statutes apply if a  vehicle is parked                                                              
on  personal property.    She indicated  that  Chair James'  first                                                              
recourse  is correct  in calling  the  police and  as Chair  James                                                              
suspected,   HB  324  does   not  allow   divulgence  of   vehicle                                                              
information  except to  a government  agency  for law  enforcement                                                              
purposes.                                                                                                                       
                                                                                                                                
CHAIR JAMES explained that she owns  a small motel and in the past                                                              
when cars were left parked at her  motel she could request vehicle                                                              
[owner]  information in  order to  contact the  owner and get  the                                                              
vehicle removed but now under HB  324 she will not be able to make                                                              
that inquiry.                                                                                                                   
                                                                                                                                
Number 0769                                                                                                                     
                                                                                                                                
REPRESENTATIVE HUDSON  commented that  HB 324 sounds like  it will                                                              
eliminate junk mail.                                                                                                            
                                                                                                                                
Number 0805                                                                                                                     
                                                                                                                                
REPRESENTATIVE  OGAN indicated  that  HB 324  seems  to be  moving                                                              
along positive lines.                                                                                                           
                                                                                                                                
REPRESENTATIVE  HUDSON  made  a  motion  to move  HB  324  out  of                                                              
committee  with  individual recommendations, attached  zero fiscal                                                              
note and  unanimous  consent.  There  being no  objection,  HB 324                                                              
moved from the House State Affairs Standing Committee.                                                                          
                                                                                                                                

Document Name Date/Time Subjects