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AGO Opinion 97057
1997 Neb. Laws LB 256; Confidentiality of Information Pertaining to Undercover License Plates; Disclosure of Such Information in Audit Reports
Opinion 97057
DATE: October 28, 1997
SUBJECT: 1997 Neb. Laws LB 256; Confidentiality of Information Pertaining to Undercover License Plates; Disclosure of Such Information in Audit Reports
REQUESTED BY: John Breslow
Nebraska Auditor of Public Accounts
WRITTEN BY: Don Stenberg, Attorney General
Dale A. Comer, Assistant Attorney General
1997 Neb. Laws LB 256 deals with the issuance of undercover
license plates for motor vehicles operated by various law
enforcement agencies and various other agencies of state and local
government. The bill specifies what agencies are authorized to
obtain the special license plates from the Department of Motor
Vehicles, and the procedures for doing so. You state that you
"have been asked to provide fairly basic information to the press
on undercover license plates." In that regard, you then provided
us with a draft of a document which lists the number of undercover
plates issued to various state and local agencies in 1997 and in
1994. You pose two questions to us pertaining to the release of
such information regarding undercover plates.
1. Release of Information Regarding Undercover Plates to the
Press.
Your first question pertains to the release of information
regarding undercover license plates to the press. You ask, "[m]ay
we provide information on the number of license plates, such as in
our draft, to the press?" In response to that question, we believe
that the pertinent portions of LB 256 prohibit the release of such
information.
1997 Neb. Laws LB 256, § 1(4) provides, as is relevant:
The Department of Motor Vehicles shall keep records
pertaining to undercover license plates confidential, and
such records shall not be subject to public disclosure.
Any person who receives information pertaining to
undercover license plates in the course of his or her
employment and who discloses any such information to any
unauthorized individual shall be guilty of a Class III
misdemeanor.
(Emphasis added).
In Nebraska, in the absence of anything indicating to the
contrary, statutory language should be given its plain and ordinary
meaning, and when the words of a statute are plain and unambiguous,
no interpretation is necessary to ascertain their meaning. Van
Ackeren v. Nebraska State Board of Parole, 251 Neb. 477, 558 N.W.2d
48 (1997). It appears to us that the portion of LB 256 emphasized
above is plain and unambiguous and needs little interpretation.
When read with its ordinary meaning, it prohibits "any person who
receives information" regarding undercover license plates "in the
course of his or her employment" from disclosing "any such
information" to unauthorized persons. That broad language would
seem to reach you and your staff, since you receive information
regarding undercover plates in the course of your employment
performing audits, and "any such information" would seem broad
enough to cover even a simple listing of the number of plates
issued to state agencies such as that proposed in your draft press
document. It is also clear that neither you nor the press have any
special exemptions from liability under the express terms of the
statute. Consequently, we believe that disclosure of any
information pertaining to undercover plates to unauthorized persons
including a listing of the number of plates granted to specific
state agencies could expose you to prosecution under § 1(4) of LB
256.
We would also note that when the language of a statute is
ambiguous and must be construed, recourse may be had to the
legislative history of the statute for the purpose of discovering
the intent of the Legislature. North Star Lodge No. 227 v. City of
Lincoln, 212 Neb. 236, 322 N.W.2d 419 (1982). Therefore, we
reviewed the legislative history of LB 256 in the event that it
might be argued that the statute is ambiguous and requires
construction. There is nothing in that legislative history which
sheds any light on the scope of the language in § 1(4) set out
above, and we are left, again, with the plain language of the
statute. For the reasons discussed previously, we believe that
language would reach your proposed disclosures to the press.
2. Disclosure of Information Regarding Undercover Plates in Audit
Reports.
Your second question involves the disclosure of information
regarding undercover plates in the audit reports generated by your
office. You ask, "[i]f we were to do an audit on the undercover
plates what information, if any, could be disclosed in our report?"
As discussed above, the language of § 1(4) of LB 256, when
given its ordinary meaning, is broad in scope and application.
"Any person who receives information" regarding undercover license
plates "in the course of his or her employment" is prohibited from
disclosing "any such information" to unauthorized persons. It
seems to us, therefore, that § 1(4) of LB 256 would reach the bulk
of an audit report prepared by your office concerning unmarked
license plates. As a result, we believe that any "information
pertaining to undercover license plates" in your audit report may
not be disclosed to unauthorized persons.
Sincerely yours,
DON STENBERG
Attorney General
Dale A. Comer
Assistant Attorney General
DATE: October 28, 1997
SUBJECT: 1997 Neb. Laws LB 256; Confidentiality of Information Pertaining to Undercover License Plates; Disclosure of Such Information in Audit Reports
REQUESTED BY: John Breslow
Nebraska Auditor of Public Accounts
WRITTEN BY: Don Stenberg, Attorney General
Dale A. Comer, Assistant Attorney General
1997 Neb. Laws LB 256 deals with the issuance of undercover
license plates for motor vehicles operated by various law
enforcement agencies and various other agencies of state and local
government. The bill specifies what agencies are authorized to
obtain the special license plates from the Department of Motor
Vehicles, and the procedures for doing so. You state that you
"have been asked to provide fairly basic information to the press
on undercover license plates." In that regard, you then provided
us with a draft of a document which lists the number of undercover
plates issued to various state and local agencies in 1997 and in
1994. You pose two questions to us pertaining to the release of
such information regarding undercover plates.
1. Release of Information Regarding Undercover Plates to the
Press.
Your first question pertains to the release of information
regarding undercover license plates to the press. You ask, "[m]ay
we provide information on the number of license plates, such as in
our draft, to the press?" In response to that question, we believe
that the pertinent portions of LB 256 prohibit the release of such
information.
1997 Neb. Laws LB 256, § 1(4) provides, as is relevant:
The Department of Motor Vehicles shall keep records
pertaining to undercover license plates confidential, and
such records shall not be subject to public disclosure.
Any person who receives information pertaining to
undercover license plates in the course of his or her
employment and who discloses any such information to any
unauthorized individual shall be guilty of a Class III
misdemeanor.
(Emphasis added).
In Nebraska, in the absence of anything indicating to the
contrary, statutory language should be given its plain and ordinary
meaning, and when the words of a statute are plain and unambiguous,
no interpretation is necessary to ascertain their meaning. Van
Ackeren v. Nebraska State Board of Parole, 251 Neb. 477, 558 N.W.2d
48 (1997). It appears to us that the portion of LB 256 emphasized
above is plain and unambiguous and needs little interpretation.
When read with its ordinary meaning, it prohibits "any person who
receives information" regarding undercover license plates "in the
course of his or her employment" from disclosing "any such
information" to unauthorized persons. That broad language would
seem to reach you and your staff, since you receive information
regarding undercover plates in the course of your employment
performing audits, and "any such information" would seem broad
enough to cover even a simple listing of the number of plates
issued to state agencies such as that proposed in your draft press
document. It is also clear that neither you nor the press have any
special exemptions from liability under the express terms of the
statute. Consequently, we believe that disclosure of any
information pertaining to undercover plates to unauthorized persons
including a listing of the number of plates granted to specific
state agencies could expose you to prosecution under § 1(4) of LB
256.
We would also note that when the language of a statute is
ambiguous and must be construed, recourse may be had to the
legislative history of the statute for the purpose of discovering
the intent of the Legislature. North Star Lodge No. 227 v. City of
Lincoln, 212 Neb. 236, 322 N.W.2d 419 (1982). Therefore, we
reviewed the legislative history of LB 256 in the event that it
might be argued that the statute is ambiguous and requires
construction. There is nothing in that legislative history which
sheds any light on the scope of the language in § 1(4) set out
above, and we are left, again, with the plain language of the
statute. For the reasons discussed previously, we believe that
language would reach your proposed disclosures to the press.
2. Disclosure of Information Regarding Undercover Plates in Audit
Reports.
Your second question involves the disclosure of information
regarding undercover plates in the audit reports generated by your
office. You ask, "[i]f we were to do an audit on the undercover
plates what information, if any, could be disclosed in our report?"
As discussed above, the language of § 1(4) of LB 256, when
given its ordinary meaning, is broad in scope and application.
"Any person who receives information" regarding undercover license
plates "in the course of his or her employment" is prohibited from
disclosing "any such information" to unauthorized persons. It
seems to us, therefore, that § 1(4) of LB 256 would reach the bulk
of an audit report prepared by your office concerning unmarked
license plates. As a result, we believe that any "information
pertaining to undercover license plates" in your audit report may
not be disclosed to unauthorized persons.
Sincerely yours,
DON STENBERG
Attorney General
Dale A. Comer
Assistant Attorney General