Revision: Dec. 16, 2015, midnight
CHAPTER 242
HB 506 – FINAL VERSION
11Mar2015… 0536h
05/07/2015 1495s
11June2015… 2294EBA
2015 SESSION
15-0660
08/03
HOUSE BILL 506
AN ACT clarifying the conditions under which motor vehicle information may be used.
SPONSORS: Rep. T. Walsh, Merr 24; Rep. Packard, Rock 5
This bill requires motor vehicle information gained from people who evade tolls, from E-Z Pass Interagency Agreements, and motor vehicle certifications to comply with certain privacy laws.
This bill also includes vessels as motor vehicles for purposes of motor vehicle records access.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11Mar2015… 0536h
05/07/2015 1495s
11June2015… 2294EBA
15-0660
08/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT clarifying the conditions under which motor vehicle information may be used.
Be it Enacted by the Senate and House of Representatives in General Court convened:
242:1 New Paragraph; Evasion of Tolls and Charges; Motor Vehicle Records. Amend RSA 236:31 by inserting after paragraph VIII the following new paragraph:
IX. The information and data referred to in this section shall not include any motor vehicle records obtained from the department of safety pursuant to RSA 260:14, III-a or RSA 260:14, III-c, whose use and release shall be in strict accordance with RSA 260:14.
242:2 E-Z Pass Operations Interagency Agreement; Motor Vehicle Records. Amend RSA 237:16-c, IV to read as follows:
IV. The commissioner may enter into discussions with other state jurisdictions to create reciprocal agreements for the enforcement and collection of tolls and administrative fees due under the E-Z Pass system. The departments of transportation and safety may release driver’s and owner’s information to other jurisdictions [relative to] for the purpose of enforcement or collection of tolls and may take such other action as is necessary to effectuate the reciprocal enforcement agreements.
242:3 Confidentiality of Records; Motor Vehicle Records. Amend RSA 237:16-e to read as follows:
237:16-e Confidentiality of Records. Notwithstanding RSA 91-A or any other provision of law, all information received by the department that could serve to identify vehicles, vehicle owners, vehicle occupants, or account holders in any electronic toll collection system in use in this state shall be for the exclusive use of the department for the sole purpose of administering the electronic toll collection system, and shall not be open to any other organization or person, nor be used in any court in any action or proceeding, unless the action or proceeding relates to the imposition of or indemnification for liability pursuant to this subdivision. The department may make such information available to another organization or person in the course of its administrative duties, only on the condition that the organization or person receiving such information is subject to the limitations set forth in this section. For the purposes of this section, administration or administrative duties shall not include marketing, soliciting existing account holders to participate in additional services, taking polls, or engaging in other similar activities for any purpose. The use and release of all information obtained from the department of safety pursuant to RSA?260:14, III-a, shall be governed by RSA 260:14.
242:4 Motor Vehicle Records and Certification. Amend RSA 260:14, III-a to read as follows:
III-a. [Except for a person’s photograph, computerized image, and social security number, motor vehicle records] The name and last known address of the owner of a vehicle used in violation of RSA 236:31-b and the physical characteristics of such vehicle may be made available to the department of transportation or to a nongovernmental contracted agent of the department of transportation for [collection of a toll] toll collection purposes only as identified by a toll collection system, [pursuant to RSA 236:31] as defined by RSA 236:31, I(i). Any records received under this paragraph shall not be used for purposes other than for toll collection and shall not be further transferred or otherwise made available to any other [non-governmental agency] person or entity that is not a [contracting] contracted agent of the department of transportation for toll collection. The nongovernmental contracted agent of the department of transportation for toll collection is prohibited from releasing the motor vehicle records to a third party or from using the records for the collection of debts outside the toll collection system. Notwithstanding the provisions of RSA 260:14, XIV, the department of transportation shall be responsible for ensuring its own and its contracted agent’s compliance with this section, and the commissioner, upon determining that the department of transportation or its contracted agent has violated any provisions of this section may issue a written order prohibiting the department of transportation and its contracted agent from receiving motor vehicle records commencing 10 days following the issuance of the order and lasting for no longer than 5 years, unless the commissioner is satisfied that procedures are in place and will be enforced to ensure compliance with this chapter.
242:5 New Paragraph; Motor Vehicle Records and Certification. Amend RSA 260:14 by inserting after paragraph III-b the following new paragraph:
III-c. The name and last known address of the owner of a vehicle used in violation of a toll collection system and the physical characteristics of such vehicle may be made available to another state, or to a statutory or nongovernmental contracted agent of such other state for the collection of a toll in such other state as identified by a toll collection system, as defined by RSA 236:31, I(i), whether the vehicle was used in violation of an electronic toll collection system or the vehicle was identified by a toll collection monitoring system when there is no cash option in the toll lanes. Any records received under this paragraph shall not be used for purposes other than for toll collection and shall not be further transferred or otherwise made available to a person or entity that is not a statutory or contracted agent of such other state for toll collection. The other state or statutory or nongovernmental contracted agent of such other state is prohibited from releasing the motor vehicle records to a third party or from using the records for the collection of debts outside the toll collection system. Notwithstanding the provisions of RSA 260:14, XIV, such other state shall be responsible for ensuring its own and its statutory or contracted agent’s compliance with this section, and the commissioner, upon determining that such other state or its statutory or contracted agent has violated any provisions of this section may issue a written order prohibiting such other state and its statutory or contracted agent from receiving motor vehicle records commencing 10 business days following the issuance of the order and lasting no longer than 5 years, unless the commissioner is satisfied that procedures are in place and will be enforced to ensure compliance with this chapter.
242:6 Motor Vehicle Records; Definition. Amend RSA 260:14, I(a) 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 relative to motor vehicles and the information, including personal information, contained in them.?
242:7 New Paragraph; Records Pertaining to Vessels Covered Under Driver Privacy Act. Amend RSA 259:60 by inserting after paragraph IV the following new paragraph:
V. As used in RSA 260:14, relative to motor vehicle records, vehicles described in paragraph I and vessel as defined by RSA 270-E:2, XII.
242:8 Repeal. RSA 270-E:3, VI relative to the public nature of vessel records made or kept by the department of safety.
242:9 Effective Date. This act shall take effect 60 days after its passage.
Approved: July 13, 2015
Effective Date: September 11, 2015