HB 342

Sponsor
Session
Regular Session 2018
Title
Motor vehicles, distinctive license plates, registration renewals, disclosure of certain information to sponsoring organization at time of registration, Secs. 32-6-64, 32-6-67 am'd.
Description

This bill provides the owner or owners of a motor vehicle the ability to authorize the disclosure of certain personally identifiable information in the vehicle’s registration record to the sponsoring organization of certain distinctive license plates and to public colleges and universities

This bill updates the Legislative Oversight Committee on License Tags and Plates to reflect organizational changes in state agencies. This bill also provides for an additional advisory member

To amend Sections 32-6-64 and 32-6-67, Code of Alabama 1975, relating to motor vehicle distinctive license plates and motor vehicle registration renewals; to provide the owner or owners of a motor vehicle to consent to the disclosure of certain information to the sponsoring organization at the time of registration of certain distinctive license plates; to provide that the sponsoring organization be prohibited from the resale or disclosure of the information; to update the membership references on the Legislative Oversight Committee on license tags and plates.

Subjects
Motor Vehicles
View Original PDF: HB 342 - Introduced - PDF

This bill provides the owner or owners of a motor vehicle the ability to authorize the disclosure of certain personally identifiable information in the vehicle’s registration record to the sponsoring organization of certain distinctive license plates and to public colleges and universities

This bill updates the Legislative Oversight Committee on License Tags and Plates to reflect organizational changes in state agencies. This bill also provides for an additional advisory member

To amend Sections 32-6-64 and 32-6-67, Code of Alabama 1975, relating to motor vehicle distinctive license plates and motor vehicle registration renewals; to provide the owner or owners of a motor vehicle to consent to the disclosure of certain information to the sponsoring organization at the time of registration of certain distinctive license plates; to provide that the sponsoring organization be prohibited from the resale or disclosure of the information; to update the membership references on the Legislative Oversight Committee on license tags and plates.

Section 1

Section 32-6-64, Code of Alabama 1975, is hereby amended as follows:

§32-6-64.

(a)(1) The design of license plates, including all emblems, slogans, symbols, or characters appearing on the plates, shall be by rule as promulgated by the Commissioner of Revenue, and as otherwise specified by law. The face of the license plate to be displayed shall be fully treated with a reflective material which will increase the nighttime visibility and legibility of the plate.

(2) Characters on the license plate which designate the county of issuance shall be numeric, and all numerals on the license plates shall be no smaller than two and three-fourths inches in height. The following numbering scheme shall be used:

a. Jefferson County, 1; Mobile County, 2; Montgomery County, 3.

b. All other counties shall be ranked alphabetically and assigned consecutive numbers beginning with nd concluding with 67.

c. The Department of Revenue shall be responsible for the numbering of distinctive license plates and shall establish a system to minimize duplication of license plate numbers. License plates that shall be approved for manufacture under subsection (b) shall be numbered or personalized.

(b) The sponsoring organization of any new or reissued distinctive license plate that is not of a college or university or a military category shall assure a minimum quantity of 250 registrations in order for the proposed plate to qualify for production consideration by the legislative oversight committee under the provisions of Section 32-6-67.

(1) The procedure to assure the quantity minimum for a distinctive license plate shall be as follows:

a. The sponsoring organization shall apply to the Department of Revenue for approval for the proposed distinctive license plate from the legislative oversight committee. At the time of application, the sponsoring organization shall submit a design for the plate or logo for the quantity class being applied for as described below:

1. Quantity Class 1 (250 to 999 registrations). A new distinctive license plate category, or an existing distinctive license plate to be reissued, in which registrations are estimated to be at least 250, but less than 1,000, shall be in conformity with the design approved by the legislative oversight committee for license plates in this quantity class. This plate shall include a space designated on the left side of the license plate, not exceeding two and one-half inches in width and height, in which an appropriate emblem, slogan, or logo design may be applied to represent the organization for whom the distinctive license plate is issued. Each proposed emblem, slogan, symbol, or logo shall be subject to the approval of the legislative oversight committee.

2. Quantity Class 2 (1,000 or greater registrations). This quantity class may use the logo system described for Quantity Class 1, or may use a unique design for the entire plate which is approved by the legislative oversight committee and meets all other design and manufacture requirements of Alabama law.

b. After the legislative oversight committee approval and notification to the Department of Revenue, the department shall also coordinate with the Comptroller to establish funding procedures for deposit and maintaining monies held pending issuance of the new category of license plates.

c. Each person desiring to register a vehicle in the new category shall make application and shall remit, as a commitment to purchase, the additional fee associated with the license plate category in a manner as prescribed by rule of the Commissioner of Revenue. Any credit card processing fee associated with the transaction shall be paid by the person making the commitment to purchase the distinctive license plate and shall be nonrefundable.

d. The Department of Revenue shall deduct from the additional fee and retain a two and one-half percent commission. The balance shall be forwarded to the Comptroller to be retained in escrow, until such time as the revenue received is equal to or greater than the minimum amount required to issue license plates in that category. If, after one year from the date of notification of approval by the legislative oversight committee, the number of subscribers for a category fails to reach 250 for Quantity Class 1, or fails to reach 1,000 for Quantity Class 2, the Comptroller shall pay the money in escrow to the sponsoring organization and no further consideration for production of this proposed distinctive plate shall be made under this application. In addition, the sponsoring organization may not submit another application for a distinctive license plate for a period of one year from the date the commitment to purchase period ended.

e. Upon determination by the Department of Revenue that a sufficient number of applications for a plate category has been received, the department shall initiate the ordering processes for design and manufacture of the approved license plate. At that time, the Comptroller shall pay out of the escrow account the amounts referred to in Section 32-6-68.

(2) Notwithstanding any other provisions to the contrary, except where specifically provided by this subsection, no series of distinctive license plates shall be reissued unless the following requirements are met:

a. For Quantity Class 1 distinctive license plates, there shall have been issued in the prior license year a minimum of 250 license plates.

b. For Quantity Class 2 distinctive license plates, there shall have been issued in the prior license year a minimum of 1,000 license plates.

(3) The use of distinctive license plate categories shall be limited to use on passenger cars, pick-up trucks, and self-propelled campers or house cars.

(c)(1) The Department of Corrections is directed to supply all license plates and revalidation devices required under this subdivision. The amounts charged by the Department of Corrections for the manufacture of revalidation devices shall not be less than that charged for the manufacture of license plates on a per item basis.

(2) The Department of Corrections shall maintain an accurate system of record-keeping which shall trace and account for the handling and distribution of each plate and revalidation device throughout the manufacturing process until the items are distributed to each county.

(d) After the five-year license plate has been in use for a period of three years the Department of Corrections may manufacture all subsequent license plates for the remaining two years of the period from a metal of less durability and quality than the metal used in manufacturing the five-year license plates.

(e) (1) The department shall provide the owner or owners of a motor vehicle who register a license plate provided in this subsection the ability to opt-in to authorize the release of certain personal information or to opt-out to restrict the release of certain personal information by the department to the sponsoring organization, college, or university. The license plates that shall be subject to the opt-in and opt-out provisions are as follows:

a. A distinctive license plate issued pursuant to this section.

b. A collegiate or university distinctive license plate issued pursuant to Section 32-6-150.

c. Other distinctive license plates as authorized by the Legislative Oversight Committee.

(2) Each owner of the motor vehicle may designate his or her consent through the opt-in authorization to release certain personal information included within a motor vehicle registration record to the sponsoring organization, college, or university. The opt-in authorization shall be made at the time of initial registration through the licensing official for a license plate as specified in subsection (e)(1). Subsequent opt-in authorizations shall be made directly to the department. As used herein, the term “personal information” includes only the following information:

a. Owner name.

b. Owner address.

c. Owner email address, if applicable.

(3) Each owner of the motor vehicle may restrict the release of personal information included within a motor vehicle registration record for a license plate as specified in subsection (e)(1)to the sponsoring organization, college, or university by selecting to opt-out. The opt-out selection shall be made directly to the department.

(4) The subsequent opt-in authorization provided in subsection (e)(2) and opt-out selection provided in subsection (e)(3) shall be made in a manner as prescribed by the department.

(5) The sponsoring organization of the distinctive license plate or each college or university for which a distinctive license plate has been issued can make an annual request to the Department for the listing of the owner authorized opt-in disclosures. The sponsoring organization in receipt of the listing shall be prohibited from the resale or disclosure of the information to third parties without written consent from the owner to whom the information pertains."

Section 2

Section 32-6-67, Code of Alabama 1975, is hereby amended as follows:

§32-6-67.

(a) There is created a legislative committee to oversee the implementation and administration of this Article 2, except Subdivision 1 of Division 1. The committee shall be composed of three members of the House of Representatives and a county license plate issuing official, who shall be appointed by and serve at the pleasure of the Speaker of the House, and three members of the Senate and a county license plate issuing official, who shall be appointed by and serve at the pleasure of the Lieutenant Governor, the Director of the Alabama Criminal Justice Information Center, the Director of Public Safety, and Presiding Officer of the Senate. The committee shall also be composed of the Secretary of the Alabama State Law Enforcement Agency or his or her designee and a probate judge who is a licensing plate official appointed by the President of the Probate Judges Association, and a county licensing plate official who shall be appointed by the Alabama Association of Tax Administrators. The Department of Revenue shall designate a representative, the Department of Transportation shall designate a representative, and the Department of Corrections shall designate a representative of Alabama Correctional Industries as nonvoting and advisory members to the committee. The chair, who shall be picked by the members of the committee from the legislative members on the committee, shall have the authority to call meetings of the committee when he or she deems it necessary or as otherwise provided in this section.

(b) The committee shall:

(1) Meet not less than once every six months or as otherwise prescribed by the chair.

(2) Require that a simple majority of committee voting members be in attendance for conducting whatever business requires committee action.

(3) Establish guidelines for the qualification of organizations which may sponsor a new or continued issuance of a license plate category, or may benefit from that issuance.

(4) Approve, disapprove, or indefinitely postpone, by a vote of two-thirds of the members present at a committee meeting, a request for a new license plate category.

(c) Decisions of the committee concerning approval, disapproval, or indefinite postponement of further action on a proposed distinctive license plate shall be interpreted to be the intent of the entire body of the Legislature, and separate, specific action by the Legislature concerning a distinctive license plate proposal shall not be considered.

(d) The committee shall not consider for approval applications from the following types of organizations:

(1) Out-of-state colleges and universities except as provided in subsection (e).

(2) Private businesses, business organizations, or commercial entities of any type.

(3) Public schools K-12, junior colleges, and technical schools, exclusive of the Helping Schools Tag as established in Sections 32-6-300 and 32-6-301.

(4) Groups within high schools, junior colleges, universities, and technical schools, such as band boosters, athletic boosters, and the like.

(5) Unions.

(6) Political organizations.

(7) Religious organizations.

(8) Groups that promote racial or social disharmony.

(9) Public officials.

(e) The committee may consider and approve an application for a distinctive license plate for an out-of-state college or university, upon submission of an application pursuant to Section 32-6-64.

(f) Upon the request of the chair, the Secretary of the Senate and the Clerk of the House shall provide clerical assistance necessary for the work of the committee.

(g) The committee members who are members of the Legislature shall be entitled to, and shall receive, the same daily legislative compensation, expense allowances, per diem, and other compensation which they receive while in legislative session for each weekday, Monday through Friday, during any week in which the committee actually meets. The non-legislative members of the committee shall be entitled to, and shall receive, the same per diem and expenses that are paid to state employees."

Section 3

Section 1 of this act shall become effective January 1, 2019, following its passage and approval by the Governor, or its otherwise becoming law. Section 2 of this act shall be effective immediately, following its passage and approval by the Governor, or its otherwise becoming law.

No articles found.
Action Date Chamber Action
March 1, 2018HWilcox motion to Substitute SB214 for HB342
March 1, 2018HWilcox Motion to reconsider adopted Roll Call 582
March 1, 2018HThird Reading Pending
March 1, 2018HMotion to Read a Third Time and Pass adopted Roll Call 566
March 1, 2018HThird Reading Passed
February 8, 2018HRead for the second time and placed on the calendar
February 1, 2018HRead for the first time and referred to the House of Representatives committee on Public Safety and Homeland Security
2018-01-25
Chamber: Senate
Result: Passed
2018-01-16
Chamber: House
Result: Failed
2018-03-01
Chamber: House
Result: Passed
2018-03-01
Chamber: House
Result: Passed