0001|                           SENATE BILL 143
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0002|     43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003|                            INTRODUCED BY
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0004|                           JOSEPH A. FIDEL
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0005|     
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0006|                                   
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0007|     
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0008|                                   
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0009|     
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0010|                                AN ACT
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0011|     RELATING TO MOTOR VEHICLE RECORDS; AMENDING A SECTION OF THE
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0012|     MOTOR VEHICLE CODE.
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0013|     
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0014|     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015|          Section 1.  Section 66-2-7.1 NMSA 1978 (being Laws 1995,
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0016|     Chapter 135, Section 4) is amended to read:
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0017|          "66-2-7.1.  MOTOR VEHICLE-RELATED RECORDS--CONFIDENTIAL.--
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0018|               A.  It is unlawful for any department employee or
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0019|     contractor or for any former department employee or contractor
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0020|     to disclose to any person other than another employee of the
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0021|     department any personal information about an individual
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0022|     obtained by the department in connection with a driver's
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0023|     license or permit, the titling or registration of a vehicle or
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0024|     an identification card issued by the department pursuant to the
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0025|     Motor Vehicle Code except:
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0001|                    (1)  to the individual or the individual's
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0002|     authorized representative;
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0003|                    (2)  for use by any governmental agency,
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0004|     including any court, in carrying out its functions or by any
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0005|     <u></u>private person acting on behalf of the government;
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0006|                    (3)  for use in connection with matters of
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0007|     motor vehicle and driver safety or theft; motor vehicle
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0008|     emissions; performance monitoring of motor vehicles, motor
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0009|     vehicle parts and dealers; motor vehicle market research
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0010|     activities, including survey research; motor vehicle
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0011|     production alterations, recalls or advisories and removal of
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0012|     non-owner records from original owner records of motor vehicle
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0013|     manufacturers;
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0014|                    (4)  for use in research activities and for
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0015|     use in producing statistical reports so long as the personal
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0016|     information is not published, redisclosed or used to contact
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0017|     individuals;
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0018|                    (5)  for use by any insurer or insurance
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0019|     support organization or by a self-insured entity or its
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0020|     agents, employees or contractors in connection with claims
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0021|     investigation activities, antifraud activities, rating or
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0022|     underwriting;
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0023|                    (6)  for providing notice to owners of towed
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0024|     or impounded vehicles;
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0025|                    (7)  for use by an employer or its agent or
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0001|     insurer in obtaining or verifying information relating to a
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0002|     holder of a commercial driver's license; 
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0003|                    (8)  for use by any requester if the requester
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0004|     demonstrates that it has obtained the written consent of the
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0005|     individual to whom the information pertains; <s>[or]</s>
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0006|                    (9)  for any use in response to requests for
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0007|     individual motor vehicle records if the department has
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0008|     provided in a clear and conspicuous manner on forms for
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0009|     issuance or renewal of operator's permits, titles,
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0010|     registrations or identification cards notice that personal
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0011|     information collected by the department may be disclosed to
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0012|     any person and the department has provided in a clear and
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0013|     conspicuous manner on such forms an opportunity to prohibit
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0014|     such disclosures; <u>or</u>
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0015|                    <u>(10)  for use by an insured state-chartered
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<u></u>0016| <u>    or federally chartered credit union; an insured state or
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<u></u>0017| <u>    national bank; an insured state or federal savings and loan
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<u></u>0018| <u>    association or insured savings bank; or any of their agents,
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<u></u>0019| <u>    employees or contractors, but only:
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<u></u>0020| <u>                        (a)  to verify the accuracy of personal
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<u></u>0021| <u>    information submitted by an individual to the credit union,
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<u></u>0022| <u>    bank, savings and loan association or savings bank; and
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<u></u>0023| <u>                        (b)  if the information as submitted is
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<u></u>0024| <u>    not correct or is no longer correct, to obtain the correct
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<u></u>0025| <u>    information, but only for the purpose of preventing fraud by,
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<u></u>0001| <u>    pursuing legal remedies against or recovering on a debt or
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<u></u>0002| <u>    security interest from the individual</u>.
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0003|               B.  Any person who violates the provisions of this
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0004|     section is guilty of a misdemeanor and upon conviction
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0005|     <s>[thereof]</s> shall be punished in accordance with the
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0006|     provisions of Section 31-19-1 NMSA 1978."
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0007|                              
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