30march00.....3984h

5/18/00 4562s

2000 SESSION

00-2802

05/01

HOUSE BILL 1620-FN

COMMITTEE: Transportation

AMENDED ANALYSIS

This bill:

I. Further defines the various circumstances under which a person's motor vehicle record may be released, and provides added measures of security to those persons wishing to restrict its use.

II. Permits the liquor commission to require, as a condition of the issuance, renewal, or reinstatement of any license that the licensee or applicant provide a certificate of insurance for liquor liability of the licensee if the licensee or applicant has violated the prohibition on serving minors or intoxicated persons.

III. Limits to telephone solicitation the telephone number for customer inquiries and complaints disclosure that certain home solicitation sellers must provide, and permits disclosure of an address instead of a telephone number.

IV. Requires any person applying for a permanent driver's license to be checked through the National Crime Information Center (NCIC).

V. Authorizes the collection of interest on outstanding unpaid fines, with proceeds dedicated to the general fund.

VI. Broadens the scope of personal recognizance defaults subject to interest penalties.

VII. Requires that any person who provides false information when applying for a license forfeit any fee paid.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

30march00.....3984h

5/18/00 4562s

00-2802

05/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Review of Motor Vehicle Record Requests. Amend RSA 260:14, III to read as follows:

III. Motor vehicle records [shall] may be made available in response to a request from a state, a political subdivision of a state, pursuant to a court order, the federal government, or a law enforcement agency for use in official business. The request shall be on a case-by-case basis. Any records received pursuant to this section shall not be further transferred or otherwise made available to any other person or listed entity not authorized under this paragraph.

2 Use of Personal Information Records. Amend RSA 260:14, IV to read as follows:

IV.(a) Except for a person's photograph, computerized image and social security number, motor vehicle records shall be made available, upon proof of the identity of the person requesting the records and representation by such person on a form satisfactory to the department that the [use of the] records will be strictly limited to one of the following described uses:

[a](1) Motor vehicle manufacturers, or their authorized agents, for use in connection with matters of motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles and dealers by motor vehicle manufacturers; and removal of non-owner records from the original owner records of motor vehicle manufacturers to carry out the purposes of the Automobile Information Disclosure Act, the Motor Vehicle Information and Cost Saving Act, the National Traffic and Motor Vehicle Safety Act of 1966, the Anti-Car Theft Act of 1992, and the Clean Air Act.

[b](2) Insurance companies authorized to write automobile insurance policies in this state, or by self-insured entities, or their authorized agents, for use in connection with claims investigation activities, anti-fraud activities, rating or underwriting.

(b) No motor vehicle records made available under this section shall be sold, rented, transferred or otherwise made available in whole or in part, in any form or format, directly or indirectly, to another person, except that an authorized agent may make such records available to any principal on whose behalf the records were sought if the name of that principal was provided to the department at the time the records were sought.

3 Restriction on Uses of Motor Vehicle Records. Amend the introductory paragraph of RSA 260:14, V(a) to read as follows:

V.(a) Except for a person's photograph, computerized image and social security number, motor vehicle records may be made available upon proof of the identity of the person requesting the records and representation by such person on a form satisfactory to the department that the use of the records will be strictly limited to one or more of the following described uses, [each such use to be separately described] which use shall be specified in the request:

4 Access to Motor Vehicle Records by Banking Institutions. RSA 260:14, V(a)(3) is repealed and reenacted to read as follows:

(3) For use with respect to a request for a named person's motor vehicle records by a banking or similar institution, in the normal course of business, but only to verify the accuracy of personal information submitted by the individual to the bank and if such information is incorrect, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual.

5 Access to Motor Vehicle Records for the Purpose of Bulk Distribution for Surveys, Marketing or Solicitation. Amend RSA 260:14, V(a)(8) and (9) to read as follows:

(8) For bulk distribution for surveys, marketing or solicitations [if the department has implemented methods and procedures to ensure that

(i) Persons are provided an opportunity, in a clear, simple and conspicuous manner, to prohibit such uses by means of an option to opt out.

(ii) The information will be used, rented, or sold solely for bulk distribution for surveys, marketing, and solicitations, and that surveys, marketing, and solicitations will not be directed at those persons who have requested in a timely fashion that they not be directed at them. Such opportunity shall be provided at any time on request. In addition, the department shall provide posted conspicuous notices of the opportunities to make the selection at each of its offices at which it requests personal information. The department shall also request that the same be done by municipal agents of the department appointed pursuant to RSA 261:74-a], provided that the express consent of each person to whom such motor vehicle records pertain has been obtained. Such consent may be withdrawn at any time.

(9) For use with respect to a request for a named person's motor vehicle records by a public utility, as defined in RSA 362:2 and over which the public utilities commission exercised jurisdiction on July 1, 1996, to perform its public service obligations, provided that the named person's express consent has been obtained. Such consent may be withdrawn at any time.

6 Restrictions on Motor Vehicle Record Availability. RSA 260:14, V(b) is repealed and reenacted to read as follows:

(b)(1) A person may elect at any time not to have any personal information pertaining to such person made available as provided in subparagraphs V(a)(1), (2), (4), (5), (6) and (7). A person who so elects shall inform the department in writing, and the department shall not thereafter make the personal information available, nor shall the department make available a list of the persons who have so elected. Any elections previously made under this section shall continue in effect. A person may elect at any time not to have any personal information pertaining to such person made available as provided in subparagraphs V(a)(1), (2), (3), (4), (5), (6) and (7). A person who so elects shall inform the department in writing, and the department shall not thereafter make the personal information available, nor shall the department make available a list of the persons who have so elected. Any elections previously made under this section shall continue in effect.

(2) The department shall inform members of the public in a clear, simple and conspicuous manner of their right to make the election permitted by this subparagraph at each of its offices at which it requests personal information. The department shall also request that the same be done by municipal agents of the department appointed pursuant to RSA 261:74-a.

7 New Subparagraph; Parameters of Consent. Amend RSA 260:14, V by inserting after subparagraph (b) the following new subparagraph:

(c)(1) No person shall be required to provide his or her express consent to the release of personal information as a condition of doing business with any other person.

(2) For purposes of this section, "express consent" means upon knowledge and affirmative agreement of the person to whom the personal information pertains in a written statement dated and executed by that person that is separate and distinct from any other document and that contains at least the following:

(A) A specific description of the personal information to be disclosed.

(B) The name of the entity that is authorized to make the disclosure.

(C) Identification of the entity or entities authorized to receive the disclosure and a specific description of the purpose for which such disclosure will be made.

(D) The expiration date of the authorization, which shall be no more than 2 years from the date of its execution.

(E) A clear, simple, and conspicuous statement that providing express consent to the release of personal information is not required in order to do business with the entity that is authorized to make the disclosure.

(F) An acknowledgment by the person executing the statement that he or she has the right to revoke the authorization at any time.

8 Sale or Transfer of Motor Vehicle Records. RSA 260:14, VI is repealed and reenacted to read as follows:

VI.(a) Except as provided in subparagraph (b), an authorized recipient of personal information for a particular use under the provisions of subparagraph V(a) may not use the information, sell, rent, transfer, or make the information available to another person for the same or for any other use.

(b) An authorized recipient of personal information for a particular use under subparagraphs V(a)(4), (8), and (9) may sell, rent, transfer or make the information available to another person for the same use only, subject to the limitations in the particular subparagraph.

(c) An authorized recipient of personal information for a particular use under the provisions of subparagraph VI(b) who sells, rents, transfers or uses the information, or makes the information available to another person, for the same use shall be required by the department to (1) maintain for a period of not less than 5 years records identifying each person who receives the information and the permitted purpose for which the information will be used; and (2) make such records available to the department on request.

9 Penalties for Unlawful Use of Motor Vehicle Records. Amend RSA 260:14, IX to read as follows:

IX.(a) A person is guilty of a [class B] misdemeanor if such person knowingly discloses information from a department record to a person known by such person to be an unauthorized person; knowingly makes a false representation to obtain information from a department record; or knowingly uses such information for any use other than the use authorized by the department. In addition, any professional or business license issued by this state and held by such person may, upon conviction and at the discretion of the court, be revoked permanently or suspended. Each such unauthorized disclosure, unauthorized use or false representation shall be considered a separate offense.

(b) A person is guilty of a class B felony if, in the course of business, such person knowingly sells, rents, offers, or exposes for sale motor vehicle records to another person in violation of this section.

10 New Paragraphs; Fees for Release of Motor Vehicle Records. Amend RSA 260:14 by inserting after paragraph XII the following new paragraphs:

XIII. Notwithstanding the provisions of RSA 91-A, the department may charge reasonable fees for the release of information under this section. In determining a reasonable fee, the department shall consider factors such as labor and production costs, as well as the market value of the information.

XIV. Any person determined by the commissioner, after hearing, to have violated any provisions of this section may be barred from receiving motor vehicle records for a period not to exceed 5 years.

XV.(a) Motor vehicle records obtained from the department under the provisions of subparagraph V(a)(4) and (8) shall be obtained separately for each use specified under subparagraph V(a)(4) and (8), one use to a request, provided that the commissioner may grant a request from a legitimate business for multiple uses if:

(1) The commissioner determines the legitimate business has responsible business practices including, but not limited to, data privacy and security policies.

(2) The legitimate business provides the commissioner with a list of all users of the information, including the name and address of the business, provided, however, that such list shall not be a public record available for public inspection pursuant to RSA 91-A.

(3) The subsequent users are required by the legitimate business to certify compliance with RSA 260:14 and shall be conspicuously informed that they are prohibited from reselling, transferring, or assigning any motor vehicle record information, including personal information.

(4) The legitimate business certifies its compliance with RSA 260:14 on a form prescribed by the department, including posting a bond if required by the commissioner.

(b) All legitimate businesses approved under this paragraph shall be charged a reasonable fee as determined by the commissioner that reflects the number of multiple uses authorized, the volume of the legitimate business' resale business, and the market value of the information.

XVI. The commissioner may limit the information contained in motor vehicle records released to any person under this section if it is determined by the commissioner that the release of certain personal information is unnecessary.

XVII. The provisions of this section shall be severable if any phrase, clause, sentence or provision is declared contrary to the constitution of this state or the United States.

11 New Section; Alcoholic Beverages; Liquor Licenses and Fees; Insurance for Liquor Liability. Amend RSA 178 by inserting after section 2 the following new section:

178:2-a Insurance for Liquor Liability.

I. If the commission finds that a licensee or applicant has violated RSA 179:5, the commission may require, as a condition of the issuance, renewal, or reinstatement of any license that the licensee or applicant provide a certificate of insurance for liquor liability of the licensee to a limit of not less than $100,000 to any one person and $200,000 to all persons.

II. Effective 60 days after the inception of a liquor liability insurance contract, no notice of intention to terminate the contract or, if the contract is a renewal, no notice of intention not to renew the contract shall be effective unless the insurer at least 60 days prior to the effective date of cancellation or the end of the contract period, as the case may be, mails or delivers to the insured, and to the commission, at the address shown on the policy such notice of intention not to renew, except where cancellation is for nonpayment of premium, or where the insured no longer has a license. If cancellation is for nonpayment of premium pertaining to contracts required pursuant to paragraph I, the insurer shall not cancel such liquor liability insurance except upon 30 days prior written notice to the licensee and the commission.

III. The commission shall adopt rules, pursuant to RSA 541-A, relative to procedures and criteria necessary for a certificate of insurance for liquor liability to be required for the issuance of a liquor license.

12 Retail Installment Sales; Retail Selling; Disclosure, Exceptions; Telephone Number; Limitation. Amend RSA 361-B:2-a, I(c) to read as follows:

(c) In the case of a telephone solicitation, an address or a telephone number for customer inquiries and complaints.

13 New Section; Service by State Police. Amend RSA 106-B by inserting after section 12 the following new section:

106-B:12-a Service by State Police. The director shall make a quarterly report to the commissioner of safety and the governor, the senate president and the speaker of the house on the results of service of criminal process, warrants and notices and arrests of persons wanted for outstanding warrants and court defaults. This report shall include the number of persons arrested and denied a license, and the amount of revenue raised.

14 NCIC Record Checks Required Prior to Issuance of Permanent Driver's License. Amend RSA 263:5-a, III to read as follows:

III. The director may issue a temporary driver's license to a person who applies for a license under paragraph I until he receives the record and determines whether the person should be granted a driver's license. The director may refuse to issue a temporary driver's license to a person who is under suspension or revocation in another jurisdiction or who would present a hazard to the safety of others. After issuance of the temporary license and prior to issuance of a permanent license the applicant's record for outstanding warrants or defaults shall be checked through the NCIC, by running the exact name and date of birth given on the surrendered license or birth certificate through the NCIC computer system. The department shall not isolate applicants based on NCIC "Soundex", phonetic matches; name only; or date of birth only computer matches. If there is an exact match of name and date of birth, the application shall be denied until such time as the warrant or court default is cleared. During that period the applicant's current license and operating privileges shall be suspended by the state.

15 New Paragraph; Nonrefundable Fee. Amend RSA 263:5-a by inserting after paragraph VI the following new paragraph:

VII. Any person who provides false information as provided in paragraph VI shall forfeit any fee paid.

16 New Paragraph; Interest after Suspension. Amend RSA 263:56-a by inserting after paragraph II the following new paragraph:

II-a. After suspension as provided in paragraph II, interest on amounts not paid when due shall be computed at the rate of 1 percent per month from the date of suspension to the date payment is actually made. Interest shall be collected by the department or the court and deposited into the general fund. No interest shall be computed on fines assessed before January 1, 2001. The commissioner and the court shall have the discretion, as justice may require, to waive the payment of interest computed under this paragraph.

17 Interest on Fines Credited to the General Fund. Amend RSA 263:56-d to read as follows:

263:56-d Suspension for Forfeitures of Recognizances. Notwithstanding the provisions of RSA 263:56-a, I, I-a, II and III-VII, the procedure for suspension of licenses and collection of payments for forfeited recognizances for driving offenses shall be in accordance with RSA 597:38-b. Payments collected by the court under RSA 597:38-b shall be deposited into a special fund, known as the default bench warrant fund. The commissioner may draw on such fund to pay the cost of state, county and local law enforcement officials who make arrests pursuant to bench warrants issued for persons improperly at large for driving-related offenses up to a maximum amount of $100 per bench warrant. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the disbursement of moneys from the default bench warrant fund to pay the costs related to law enforcement officials and bench warrants. The commissioner may also draw upon such fund to pay the cost of breath analyzer machines, upon the recommendation of the advisory committee on breath analyzer machines pursuant to RSA 106-G:1.

18 Notice of Interest on Unpaid Fines. Amend RSA 262:44, I to read as follows:

I. Such defendant shall receive, in addition to [his] the summons, a uniform fine schedule entitled "Notice of Fine, Division of Motor Vehicles" [which]; the fine schedule shall contain the normal fines for violations of the provisions of title XXI on vehicles for which a plea may be entered by mail and notification that unpaid fines may be subject to interest pursuant to RSA 263:56-a, II-a. The defendant shall be given a notice of fine indicating the amount of the fine plus penalty assessment at the time the summons is issued; except if, for cause, the summoning authority wishes the defendant to appear personally. Defendants summoned to appear personally shall do so on the arraignment date specified in the summons, unless otherwise ordered by the court. Defendants who are issued a summons and notice of fine and who wish to plead guilty or nolo contendere shall enter their plea on the summons and return it with payment of the fine plus penalty assessment to the director of motor vehicles within 30 days of the date of the summons. The director of motor vehicles shall remit the penalty assessments collected to the police standards and training council for deposit in the police standards and training council training fund and to the state treasurer to be credited and continually appropriated to the victims' assistance fund in the percentages and manner prescribed in RSA 188-F:31. Fines shall be paid over to the commissioner of administrative services, or to such department or agency of the state as the law provides, within 14 days of their receipt.

19 Default of Personal Recognizance. Amend RSA 597:38-b, I to read as follows:

I. Whenever a party recognized to appear for any offense [involving driving] makes default and the recognizance is declared forfeited, the court shall send a notice of default to the division of motor vehicles. The division shall send a notice to the person owing the recognizance, demanding payment within 30 days and stating that failure to make payment within the 30-day period shall result in suspension of such person's driver's license or driving privilege until such time as the person provides proof to the department of safety that he or she has paid the amount of the forfeited recognizance to the court.

20 Effective Date.

I. Sections 12-19 of this act shall take effect January 1, 2001.

II.. The remainder of this act shall take effect 60 days after its passage.

LBAO

00-2802

3/7/00

HB 1620-FN - FISCAL NOTE

FISCAL IMPACT:

METHODOLOGY: