Legislature(1995 - 1996)
04/09/1996 01:45 PM House FIN
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL 110
"An Act relating to the confidentiality of certain
information in motor vehicle records; and providing for
an effective date."
ELEANOR ROSER, STAFF, REPRESENTATIVE RAMONA BARNES,
testified in support of HB 110. She pointed out that the
2
legislation was introduced at the request of two
constituents who had experienced stalking by persons who had
obtained their addresses from the Division of Motor Vehicles
through license plate information. In 1994, confidentiality
of license plate information was included in the President's
Crime Package.
The intent of the federal legislation was to protect the
personal privacy of persons licensed by states to drive a
motor vehicle or persons who register a motor vehicle and
would prohibit disclosure of information on drivers
maintained by the state. That information is only to be
disclosed under permissible uses.
If Alaska is not in compliance with federal law by September
13, 1997, Division of Motor Vehicles (DMV) would be liable
for civil fines in the amount of $2.5 thousand dollars per
day and the State could be subject to fines in the amount of
$5 thousand dollars per day until compliance was reached.
Ms. Roser pointed out that the bill is supported by the
Council on Domestic Violence and Sexual Assault and the
Anchorage Police Department.
Representative Brown asked about federal requirements not
included in the bill. Ms. Roser replied that Alaska does
not license private investigators, consequently, that
section was removed.
JUANITA HENSLEY, CHIEF, DRIVER SERVICES, DIVISION OF MOTOR
VEHICLES, DEPARTMENT OF PUBLIC SAFETY, explained that the
version before the Committee had been prepared by attorney
general offices throughout the nation and the American
Association of Motor Vehicle administrators in order to meet
the standards of compliance with federal law.
In response to Representative Brown, Ms. Hensley informed
members that there are private investigative agencies in
Alaska. Representative Brown asked if those agencies would
have access to information referenced in the bill. Ms.
Hensley stated they would not under the proposed
legislation. Federal law allows licensed private
investigating firms to access that information. She
reiterated that Alaska does not license private
investigators.
Representative Brown asked if the State could legally differ
from federal law regarding that concern. Ms. Hensley stated
the federal law lists regulations that must be included in
order to meet compliance. Almost anyone with a legitimate
business use, could obtain the record, although they would
be restricted as to how they can use it. The federal law is
less restrictive than state law.
3
Representative Brown voiced concern with Community Service
Patrols (CSP) having access to the record information. Ms.
Hensley commented that as the information was being used for
a legitimate purpose, they would continue to be eligible to
receive the record. Discussion followed regarding the
security of information being released.
Representative Brown questioned how the relationship with
Mr. Motznik would be affected through passage of the
legislation. Ms. Hensley replied that Mr. Motznik would
receive the entire DMV file, continuing to get the
information but would not be able release that information
without knowing to whom and the purpose of that release.
The list could not be sold for mail distribution.
Representative Brown pointed out that Page 3, Line 6, (9)
indicated that it could be available for distribution. Ms.
Hensley countered that federal law prohibits release for
that purpose. Discussion followed regarding Section (9).
Ms. Hensley noted that at present time, if a person wanted
to receive information on someones address, they could walk
into the Anchorage field office and obtain a copy of the
vehicle certificates. It is not difficult. Representative
Mulder suggested that the legislation would provide an
"additional hurdle" for someone wanting to receive that
information. Ms. Hensley agreed, noting that under the
proposed legislation, an individual would no longer be able
to obtain this information from the DMV office.
Discussion followed among Committee members and Ms. Hensley
regarding Mr. Motznik's access to the files as written in HB
110. Representative Brown reminded members that the
Permanent Fund Dividend list was available to the public
which contains similar information. She strongly
recommended that state government not intervene in state
records management.
Ms. Hensley advised that the Association of Motor Vehicle
Administrators lobbied against the legislation as they
thought it could be a "night mare" to monitor.
Co-Chair Hanley asked the consequences if State law was not
changed. Ms. Hensley replied that when the federal law
takes effect in 1997, the State and the Division would be
subject to fines due to violations. She added that the
proposed legislation would be "minimum compliance" with
federal law.
JAYNE ANDREEN, EXECUTIVE DIRECTOR, COUNCIL ON DOMESTIC
VIOLENCE AND SEXUAL ASSAULT, JUNEAU, testified that the
Council supported the proposed legislation. Accessing DMV
records is one way that batterers track their victims. She
4
added, the Council requests that private investigators be
denied access to the records, as they are often hired by
abusers to locate their victims.
Representative Mulder MOVED to report CS HB 110 (STA) out of
Committee with individual recommendations and with the
accompanying fiscal note. There being NO OBJECTION, it was
so ordered.
CS HB 110 (STA) was reported out of Committee with a "no
recommendation" and with a fiscal note by the Department of
Public Safety dated 3/18/96.
| Document Name | Date/Time | Subjects |
|---|