Legislature(1995 - 1996)

03/07/1996 08:05 AM STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
 HB 110 - CONFIDENTIALITY OF MOTOR VEHICLE RECORDS                           
                                                                               
 The next order of business to come before the House State Affairs             
 Committee was HB 110.                                                         
                                                                               
 CHAIR JAMES called on Eleanor Roser, Legislative Administrative               
 Assistant to Representative Ramona Barnes, to present the sponsor             
 statement.                                                                    
                                                                               
 Number 1687                                                                   
                                                                               
 ELEANOR ROSER, Legislative Administrative Assistant to                        
 Representative Ramona Barnes, read the following sponsor statement            
 into the record.                                                              
                                                                               
 "This legislation was introduced at the request of two of my                  
 constituents who had experienced stalking by persons who had                  
 obtained their addresses from the (DMV) through license plate                 
 information.  Additionally, in 1994, confidentiality of license               
 plate information was included in the President's Crime Package.              
                                                                               
 "The intent of the federal legislation (18. U.S.C. 2721) was to               
 protect the personal privacy of persons licensed by states to drive           
 a motor vehicle or persons who register a motor vehicle by                    
 prohibiting disclosure of information on drivers maintained by the            
 state.  This information is only to be disclosed under permissible            
 uses.                                                                         
                                                                               
 "If Alaska is not in compliance with the federal law by September             
 13, 1997, the DMV could be liable for civil fines of $2,500.00 per            
 day and the state could be subject to fines of $5,000.00 per day              
 until compliance is reached.                                                  
                                                                               
 "This bill is supported by the Council on Domestic Violence and               
 Sexual Assault and the Anchorage Police Department.                           
                                                                               
 "I appreciate your consideration of this bill and request your                
 support."                                                                     
                                                                               
 MS. ROSER said she would be happy to answer any questions of the              
 committee members.                                                            
                                                                               
 Number 1745                                                                   
                                                                               
 REPRESENTATIVE ROBINSON wondered how HB 210 would affect this bill.           
                                                                               
 Number 1774                                                                   
                                                                               
 CHAIR JAMES replied HB 210 would not affect HB 110.                           
 Number 1785                                                                   
                                                                               
 CHAIR JAMES wondered what the language "legitimate interest" meant            
 in the bill.  She cited in previous business expenditures she                 
 needed to research information through the Division of Motor                  
 Vehicles (DMV) using a license plate number.  There were many                 
 reasons why a private individual would have a legitimate interest             
 to research vehicle information.                                              
                                                                               
 Number 1883                                                                   
                                                                               
 MS. ROSER deferred to Juanita Hensley, Department of Public Safety,           
 to answer the question.                                                       
                                                                               
 CHAIR JAMES called on Ms. Hensley to join the committee members at            
 the table.                                                                    
                                                                               
 Number 1921                                                                   
                                                                               
 REPRESENTATIVE ROBINSON wondered if legislation was needed due to             
 the federal requirement.                                                      
                                                                               
 Number 1940                                                                   
                                                                               
 JUANITA HENSLEY, Chief, Driver Services, Division of Motor                    
 Vehicles, Department of Public Safety, explained HB 110 would bring           
 the state one step closer into compliance with the federal law.               
 The President's Crime Bill required that more vehicle records be              
 confidential.  If the state did not comply with the federal law,              
 the federal law would preempt the state law and DMV would be                  
 subject to a fine.  Therefore, the DMV would either have to violate           
 a federal law and be subject to a fine, or violate a state law.               
 She explained there were provisions to allow the information to be            
 released for legitimate business interests.                                   
                                                                               
 Number 2023                                                                   
                                                                               
 CHAIR JAMES asked if a legitimate business interest was specified             
 in the federal law?                                                           
                                                                               
 MS. HENSLEY replied it was defined in the federal law, and left to            
 the states to adopt the regulations.  She cited mechanic or storage           
 companies, towing companies, banks or finance companies, and                  
 insurance companies, as examples that would have a legitimate                 
 business interest.                                                            
                                                                               
 CHAIR JAMES called on the first witness via teleconference in                 
 Anchorage, Jay Dulany, Department of Public Safety.                           
                                                                               
 JAY DULANY, Director, Central Office, Division of Motor Vehicles,             
 Department of Public Safety, said he was available to answer any              
 policy questions.  He suggested including language to refer to 18             
 U.S.C. 2721 in Section 1.                                                     
                                                                               
 CHAIR JAMES called on the next witness via teleconference in                  
 Anchorage, Bob Motznick.                                                      
                                                                               
 Number 2168                                                                   
                                                                               
 BOB MOTZNICK explained in his business a log was kept of all                  
 inquiries made.  He said that was a far better way to handle the              
 stalking concerns.  His company experienced 300 to 500 inquires               
 everyday.  The bill was preventing help to those that needed it               
 because as written it would not allow legitimate business                     
 interests.  He recommended deleting Section 1, and implementing the           
 minimum that the federal law required.                                        
                                                                               
 Number 2376                                                                   
                                                                               
 CHAIR JAMES commented this was a typical quandary between the state           
 and federal government.  It was distressing, however, to not be               
 able to obtain information from a license plate, if needed.  She              
 agreed the stalking concerns were serious.  She wanted to leave as            
 little as possible to regulations, and put as much as possible into           
 statute.                                                                      
                                                                               
 MS. HENSLEY replied the DMV preferred everything in statute because           
 it was easier to defend its actions.  She would be happy to work              
 with Chair James to incorporate some of her concerns within the               
 limitations of the federal law.                                               
                                                                               
 TAPE 96-31, SIDE B                                                            
 Number 0000                                                                   
                                                                               
 MS. ROSER explained the bill could include model language from the            
 various states Attorney's General.  The sponsor was not opposed to            
 including all the requirements in a statute.  It was drafted as               
 such to keep it simple.                                                       
                                                                               
 Number 0020                                                                   
                                                                               
 MS. HENSLEY explained the model language was developed last year by           
 the American Association of Motor Vehicle Administrators because              
 every state was in the same position.                                         
                                                                               
 CHAIR JAMES called on the next witness in Juneau, Jayne Andreen,              
 Council on Domestic Violence and Sexual Assault, Department of                
 Public Safety.                                                                
                                                                               
 Number 0044                                                                   
                                                                               
 JAYNE ANDREEN, Executive Director, Council on Domestic Violence and           
 Sexual Assault, Department of Public Safety, said the Council                 
 supported HB 110.  It did not have a problem including more in the            
 statute.  The primary issue was to provide safety for the victims             
 of domestic violence and stalking, whose batterers used DMV to                
 locate the victims.                                                           
                                                                               
 Number 0070                                                                   
                                                                               
 CHAIR JAMES suggested working with Ms. Roser further to develop a             
 committee substitute for the next hearing on Thursday, March 14,              
 1996.                                                                         
                                                                               
 MS. ROSER said she not foresee a problem with that.                           

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