Legislature(1995 - 1996)
05/02/1996 11:30 AM FIN
* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 110(STA) am An Act relating to the confidentiality of certain information in motor vehicle records. Co-chairman Halford directed that CSSSHB 110 (STA)am be brought on for discussion. ELEANOR ROSER, aide to Representative Barnes, came before committee and read the sponsor statement (copy on file in the original Senate Finance Committee file for HB 110) into the record. She noted that the bill responds to constituents who were stalked by individuals who obtained the victim's address from the division of motor vehicles. In 1994, confidentiality of license plate information was included in the President's crime package. The intent was to protect personal privacy and only disclose information for permissible uses. Businesses that purchase lists (banks, credit unions, insurance companies) will still be able to do so, but they will be required to abide by restrictions imposed by the Federal Act. If Alaska is not in compliance with federal law by September 13, 1997, division of motor vehicle employees could be liable for fines of $2,500.00 per day; and the state could be subject to fines of $5,000.00 until compliance is achieved. The legislation is supported by the Council on Domestic Violence and Sexual Assault and the Dept. of Public Safety. Senator Randy Phillips voiced his preference for a January 1, 1997, effective date due to logistical computer problems. Co-chairman Halford expressed concern over delay, citing problems associated with open records and federal compliance. JUANITA HENSLEY, Chief of Driver Services, Division of Motor Vehicles, Dept. of Public Safety, came before committee. She advised that lack of an effective date provides the division ample time to implement the program. Co-chairman Halford said it appears the sponsor removed immediate effective date provisions to accommodate implementation concerns. Lack of an effective date would enact the bill 90 days after passage. The Co-chairman advised that he would not support a further change without agreement of the sponsor. Eleanor Roser said that while there would be no problem with a change of effective date to January 1, 1997, need for the bill to return to the House for concurrence poses a problem because of a shortage of time. In response to an inquiry from Senator Rieger, Juanita Hensley explained that records could still be released for legitimate business purposes. Under subsection (e), an individual may instruct DMV not to release his or her information. That would keep personal information totally private and confidential. Those receiving information for legitimate business purposes would not be able to disseminate information that is to remain confidential. Mrs. Hensley acknowledged that what is released is a policy call for the legislature. The state may be more restrictive than federal law, but it cannot be less restrictive. Discussion followed regarding check-off provisions on applications which would allow individuals to elect to keep records private. Mrs. Hensley further commented upon development of model language used within the proposed bill. END: SFC-96, #107-A, Side 1 BEGIN: SFC-96, #107-A, Side 2 Senator Sharp MOVED for passage of CSSSHB 110(STA)am with individual recommendations and accompanying fiscal notes. No objection having been raised, CSSSHB 110(STA)am was REPORTED OUT of committee with a fiscal note from the Dept. of Public Safety showing a cost of $3.9 and a ($50.) reduction in revenues. Co-chairmen Halford and Frank and Senators Phillips, Rieger, and Sharp signed the committee report with a "do pass" recommendation. Senators Donley and Zharoff signed "no recommendation."