Legislature(1995 - 1996)

05/02/1996 11:30 AM FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
  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."                                          
                                                                               

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