HB 110 - CONFIDENTIALITY OF MOTOR VEHICLE RECORDS The first order of business to come before the House State Affairs Committee was HB 110. CHAIR JEANNETTE JAMES called on Eleanor Roser, Legislative Administrative Assistant to Representative Ramona Barnes, to present the committee substitute (9-LS0490/G). Number 0080 ELEANOR ROSER, Legislative Administrative Assistant to Representative Ramona Barnes, explained the provisions of the federal law were included at the request of the House State Affairs Committee in the committee substitute. The provisions described the circumstances for disclosure by the Division of Motor Vehicle (DMV). CHAIR JAMES called on Juanita Hensley, Department of Public Safety. The record reflected the arrival of Representative Caren Robinson at 8:09 a.m. Number 0121 JUANITA HENSLEY, Chief, Driver Services, Division of Motor Vehicles, Department of Public Safety, stated the committee substitute met the requirements of the federal act. It also met the requirements of the model law drafted by the American Association of Motor Vehicle Administrators. It was not over extensive and was in compliance with the Privacy Act. Number 0195 CHAIR JAMES thanked Ms. Hensley for her work on the committee substitute. Number 242 MS. HENSLEY stated the committee substitute did not include drivers license information that was required in the federal act. The drivers license information was already prohibited in statute. Number 0278 REPRESENTATIVE CAREN ROBINSON asked if the committee substitute clarified what was required to meet the federal standards? Number 0288 MS. HENSLEY replied, "yes it does." Number 0302 REPRESENTATIVE GREEN moved to adopt CSHB 110(STA) (9-LS0490/G) as a working document. Hearing no objection, it was so adopted. Number 0376 REPRESENTATIVE ROBINSON moved that CSHB 110(STA) move from the committee with individual recommendation and attached fiscal notes. CHAIR JAMES explained there were witnesses to testify. REPRESENTATIVE ROBINSON held her motion. CHAIR JAMES called on the first witness via teleconference in Anchorage, Edward Daugherty. Number 0437 EDWARD DAUGHERTY, Alaska Archives, explained his company provided DMV information on microfiche and CDROM. The information was generally sold to banks, collection agencies, and private investigators, for example. He was concerned about the individuals with a legitimate need for the information. The bill did not provide the infrastructure to acquire that information from the DMV. Number 0521 CHAIR JAMES commented DMV could provide that information through a conduit agreement. Number 0554 MR. DAUGHERTY replied his company was comfortable with that. He was not as comfortable, however, because a provision was not included in the bill to ensure that. He complemented Ms. Hensley for her cooperation. However, other offices within the DMV were not always as cooperative by restricting information. He reiterated he wanted further assurance that he would be able to access the information. The record reflected the arrival of Representative Ivan Ivan and 8:13 a.m. Number 0644 REPRESENTATIVE PORTER asked, if the business of Mr. Daugherty would be perceived as giving information to the public, or to someone who had a legitimate need? Number 0662 MS. HENSLEY wondered if Mr. Daugherty was looking at the committee substitute. The committee substitute allowed the DMV to release information to him, however, there were restrictions on how he could release the information to the public. Number 0688 CHAIR JAMES asked Mr. Daugherty if he had committee substitute version 9-LS0490/G? MR. DAUGHERTY replied, "no." Number 0698 CHAIR JAMES announced her staff would fax one to him immediately in Anchorage. Furthermore, although she was supportive of a sufficient statute so that regulations were not needed, the Division of Motor Vehicles needed to subsume some of the responsibilities. She did not want to include a conduit relationship in the bill. Number 0748 MR. DAUGHERTY replied he welcomed the bill. It was needed, as- long-as there was a provision that allowed equal access for those that had a compelling need, he supported the bill and was happy with it. Number 0789 CHAIR JAMES felt some of her rights were being taken away. She wanted to be able to identify someone on the road. She reiterated it was an intrusion of our freedoms. Number 0855 REPRESENTATIVE ROBINSON reiterated her motion. Hearing no objection, it was so moved from the House State Affairs Committee.