CSSSHB 110(STA): "An Act relating to the confidentiality of certain information in motor vehicle records; and providing for an effective date."

00CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 110(STA) 01 "An Act relating to the confidentiality of certain information in motor vehicle 02 records; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 28.10 is amended by adding a new section to read: 05  Sec. 28.10.505. DISCLOSURE OF PERSONAL INFORMATION 06 CONTAINED IN MOTOR VEHICLE RECORDS. (a) Notwithstanding AS 44.99.300 07 and except as provided in this section, the department may not disclose personal 08 information contained in motor vehicle records maintained by the department under 09 this chapter. 10  (b) Personal information shall be disclosed for use in connection with matters 11 of motor vehicle or driver safety or theft; motor vehicle emissions; motor vehicle 12 product alterations, recalls, or advisories; performance monitoring of motor vehicles 13 and dealers by motor vehicle manufacturers; and removal of nonowner records from 14 the original owner records of motor vehicle manufacturers as required by federal law.

01  (c) Personal information may be disclosed if the requesting person 02 demonstrates, in a form and manner the department prescribes, that the requesting 03 person has obtained the written consent of the person who is the subject of the 04 information. 05  (d) Personal information may be disclosed by the department upon proof of 06 the identity of the person requesting a record and representation by the requesting 07 person that the use of the personal information is strictly limited to one or more of the 08 following uses: 09  (1) for use by a government agency, including a court or law 10 enforcement agency, in carrying out its functions, or a private person or entity acting 11 on behalf of a government agency in carrying out its functions; 12  (2) for use in the normal course of business by a legitimate business 13 or an agent, employee, or contractor of the business, but only 14  (A) to verify the accuracy of personal information submitted by 15 an individual to the business or an agent, employee, or contractor of the 16 business; and 17  (B) if the information submitted is not correct, to obtain the 18 correct information, but only for the purposes of preventing fraud by pursuing 19 legal remedies against, or recovering on a debt or security interest against, an 20 individual; 21  (3) for use in connection with a civil, criminal, administrative, or 22 arbitration proceeding in a court or government agency or before a self-regulatory 23 body, including service of process and the execution or enforcement of a judgment or 24 court order; 25  (4) for use in research activities, or in producing statistical reports, if 26 the personal information is not published, redisclosed, or used to contact an individual; 27  (5) for use by an insurer or insurance support organization, or by a self- 28 insured entity, or an agent, employee, or contractor of an insurer, in connection with claims 29 investigation activities, anti-fraud activities, rating, or underwriting; 30  (6) for use in providing notice to the owners of towed or impounded 31 vehicles;

01  (7) for use by an employer or an agent or insurer of an employer to 02 obtain or verify information relating to a holder of a commercial driver's license that 03 is required under 49 U.S.C. 31101 - 31162 (Commercial Motor Vehicle Safety Act); 04  (8) for use in connection with the operation of private toll 05 transportation facilities; 06  (9) for bulk distribution for surveys, marketing, or solicitations if the 07 department has implemented methods and procedures to ensure that 08  (A) persons are provided an opportunity, in a clear and 09 conspicuous manner, to prohibit uses; and 10  (B) the information will be used, rented, or sold solely for bulk 11 distribution for surveys, marketing, and solicitations, and that surveys, 12 marketing, and solicitations will not be directed at those individuals who have 13 requested in a timely fashion that the material not be mailed to them; and 14  (10) for any other purpose specifically authorized by law that is related 15 to the operation of a motor vehicle or related to public safety. 16  (e) Personal information contained in an individual record may be disclosed, 17 without regard to the intended use of the personal information, if the department 18 provides in a clear and conspicuous manner on forms for issuance or renewal of 19 registrations, titles, or identification documents notice that personal information 20 collected by the department may be disclosed to a person making a request for an 21 individual record, and has provided in a clear and conspicuous manner on the forms 22 an opportunity for a person who is the subject of a record to prohibit disclosure. 23  (f) In this section, 24  (1) "disclose" means to engage in a practice or conduct that makes 25 available or makes known personal information contained in records of the department 26 about a person to another person, organization, or entity by any means of 27 communication; 28  (2) "individual record" means a record containing personal information 29 about a designated person who is the subject of the record, as identified in a request 30 for information; 31  (3) "personal information" means information that identifies a person,

01 including a name, address, telephone number, and medical or disability information, 02 but does not include information on vehicular accidents, driving- or equipment-related 03 violations, driver's license or registration status, or a zip code. 04 * Sec. 2. This Act takes effect immediately under AS 01.10.070(c).