HB2611

Report Title:

Government Vehicle Records

Description:

Authorizes public access to motor vehicle history records held by government agencies.

HOUSE OF REPRESENTATIVES	H.B. NO.	2611
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

relating to VEHICLE HISTORY INFORMATION.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Providing the public with access to timely, accurate, and relevant information about commercial goods supports and encourages the free flow of commerce and enables consumers to protect themselves. In the used-car industry, this type of information is provided by Internet-based organizations like CARFAX. These organizations collect motor vehicle damage and other vehicle history information, organize data by vehicle identification number, and make this information available to prospective consumers of used vehicles.

The legislature finds that a substantial public interest is served by authorizing public access to motor vehicle history records maintained by government agencies, and the release of information about a vehicle's history does not raise significant personal privacy concerns.

The purpose of this Act is to authorize public access to motor vehicle history records held by government agencies.

SECTION 2. Section 92F-12, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Any provision to the contrary notwithstanding, each agency shall also disclose:

(1) Any government record, if the requesting person has the prior written consent of all individuals to whom the record refers;

(2) Government records which, pursuant to federal law or a statute of this State, are expressly authorized to be disclosed to the person requesting access;

(3) Government records pursuant to a showing of compelling circumstances affecting the health or safety of any individual;

(4) Government records requested pursuant to an order of a court;

(5) Government records pursuant to a subpoena from either house of the state legislature; and

(6) Information from the motor vehicle registration files, provided that the person requesting such files shall have a legitimate reason as determined by rules. As used in this paragraph "legitimate reason" includes disclosure for use in a consumer motor vehicle history database."

SECTION 3. Section 291C-20, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any traffic accident report required under this chapter shall be made without prejudice to the person required to report information concerning the accident and shall be for the confidential use of the police department, except that the department shall, upon request, disclose such record, to any person directly concerned in the traffic accident or having a proper interest therein, including:

(1) The driver or drivers involved, or the employer, parent, or legal guardian thereof;

(2) The authorized representative of any person involved in the accident;

(3) Any person injured in the accident;

(4) The owners of vehicles or property damaged in the accident;

(5) Any law enforcement agency; [and]

(6) Any court of competent jurisdiction[.]; and

(7) Any organization, for the purpose of compiling a consumer motor vehicle history database."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________