SB 0182

SB 182 - AS INTRODUCED

AN ACT relative to releasing information from motor vehicle records.

SPONSORS: Sen. Boyce, Dist 4; Rep. Dumaine, Rock 75

II. Permits certain insurance companies and self-insured entities to obtain motor vehicle records for use in connection with investigation in anticipation of litigation.

III. Limits the information that a person may obtain regarding who has requested or received his or her motor vehicle records.

IV. Eliminates the administrative procedure act exemption for motor vehicle records rules.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to releasing information from motor vehicle records.

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

1 Records and Certification; Definitions. Amend RSA 260:14, I to read as follows:

(a) "Motor vehicle records" means all applications, reports required by law, registrations, histories, certificates, and licenses issued or revoked by the department and the information, including personal information, contained in them. "Motor vehicle records" includes photographs, statements, drawings, calculations, and similar records made by any agency but held by the department. "Motor vehicle records" shall not include accident reports, accident reconstruction reports, inspection reports of private or commercial motor vehicles, or reports arising out of a closed investigation.

(b) "Person" means an individual, organization, or entity, but shall not include this state or an agency thereof. "Person" shall include the personal representative of any person injured or killed in the motor vehicle accident, including the person's conservator, executor, administrator, or next of kin as defined in RSA 259:66-a.

(c) "Personal information" means information in motor vehicle records that identifies a person, including a person's photograph or computerized image, social security number, driver identification number, name, address (but not the 5-digit zip code), telephone number, and medical or disability information.

(d) "Legitimate business" means a business which is registered in New Hampshire and which receives compensation in connection with matters of motor vehicle or driver safety or theft, motor vehicle emissions, and motor vehicle market research activities, including survey research.

(f) "Member of the bar" means a member of the New Hampshire bar regularly engaged in the practice of law in New Hampshire.

2 Records and Certification; Official Business. Amend RSA 260:14, III to read as follows:

III. Motor vehicle records [~~may~~] shall 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.~~] Motor vehicle records shall be made available to any member of the bar or to any agent of a member of the bar if the agent is licensed to do business in New Hampshire and is a paralegal or private investigator. 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.

3 Records and Certification; Insurance Companies. Amend RSA 260:14, IV(a)(2) to read as follows:

(2) Insurance companies authorized to write automobile insurance policies in this state, or by self-insured entities, or their authorized agents, including private investigators and paralegals working in New Hampshire, for use in connection with claims investigation activities, anti-fraud activities, rating, [or] underwriting, or investigation in anticipation of litigation.

4 Records and Certification; Private Investigator. Amend RSA 260:14, V(a)(6) to read as follows:

(6) For use with respect to a request for [~~a named person's~~] motor vehicle records by any private investigator, private investigative agency, or security service licensed by this state for any purpose permitted under subparagraph V(a) other than subparagraph V(a)(8).

5 New Paragraphs; Records and Certification; Release of Information. Amend RSA 260:14 by inserting after paragraph VIII-a the following new paragraphs:

VIII-b. The department shall not notify or inform any person that a request for his or her motor vehicle records has been made, or that his or her motor vehicle records have been released, unless the person makes a direct request for such information. If a person requests from the department information on the requests for or release of his or her motor vehicle records, the department's response shall be limited to information on which provision of this section formed the basis for the request for or the release of the motor vehicle records.

VIII-c. If a person notifies the department that the person believes that a release of his or her motor vehicle records was not authorized by this section, the department shall investigate the allegation and shall obtain from the recipient of the motor vehicle records all information necessary to verify whether the release of records was authorized. The department shall notify the person of its determination whether the release was authorized.

XII. The commissioner of safety shall adopt rules to implement this section. [~~Notwithstanding any other provisions of law, such rules shall be exempt from the provisions of RSA 541--A.~~] Rules adopted under this section shall not require applicants for records to provide more information to the department than is necessary to verify their eligibility to obtain the requested records.