SENATE BILL 199

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

John Arthur Smith

FOR THE REVENUE STABILIZATION AND TAX POLICY COMMITTEE

AN ACT

RELATING TO THE TAXATION AND REVENUE DEPARTMENT; PROHIBITING CURRENT AND FORMER TAXATION AND REVENUE DEPARTMENT EMPLOYEES FROM DISCLOSING TRADE SECRETS, CUSTOMER INFORMATION, PROPRIETARY INFORMATION AND CERTAIN COMMERCIAL AND FINANCIAL INFORMATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 66-2-7.1 NMSA 1978 (being Laws 1995, Chapter 135, Section 4, as amended) is amended to read:

     "66-2-7.1. MOTOR VEHICLE-RELATED RECORDS--

CONFIDENTIAL.--

          A. It is unlawful for [any] a department employee or contractor or for [any] a former department employee or contractor to disclose to [any] a person other than another employee of the department any personal information about an individual obtained by the department in connection with a driver's license or permit, the titling or registration of a vehicle or an identification card issued by the department pursuant to the Motor Vehicle Code except:

                (1) to the individual or the individual's authorized representative;

                (2) for use by [any] a governmental agency, including [any] a court, in carrying out its functions or by [any] a private person acting on behalf of the government;

                (3) for use in connection with matters of motor vehicle and driver safety or theft; motor vehicle emissions; performance monitoring of motor vehicles, motor vehicle parts and dealers; motor vehicle market research activities, including survey research; motor vehicle production alterations, recalls or advisories; and removal of non-owner records from original owner records of motor vehicle manufacturers;

                (4) for use in research activities and for use in producing statistical reports, so long as the personal information is not published, redisclosed or used to contact individuals;

                (5) for use by [any] an insurer or insurance support organization or by a self-insured entity or its agents, employees or contractors in connection with claims investigation activities, antifraud activities, rating or underwriting;

                (6) for providing notice to owners of towed or impounded vehicles;

                (7) for use by an employer or its agent or insurer in obtaining or verifying information relating to a holder of a commercial driver's license;

                (8) for use by [any] a requester if the requester demonstrates that it has obtained the written consent of the individual to whom the information pertains;

                (9) for use by an insured state-chartered or federally chartered credit union; an insured state or national bank; an insured state or federal savings and loan association; or an insured savings bank, but only:

                     (a) to verify the accuracy of personal information submitted by an individual to the credit union, bank, savings and loan association or savings bank; and

                     (b) if the information as submitted is not correct or is no longer correct, to obtain the correct information, but only for the purpose of preventing fraud by pursuing legal remedies against or recovering on a debt or security interest from the individual;

                (10) for providing organ donor information as provided in the Uniform Anatomical Gift Act or Section 66-5-10 NMSA 1978; or

                (11) for providing the names and addresses of all lienholders and owners of record of abandoned vehicles to storage facilities or wrecker yards for the purpose of providing notice as required in Section 66-3-121 NMSA 1978.

          B. It is unlawful for a department employee or for a former department employee to disclose to a person other than another employee of the department any trade secret, customer information, proprietary information or commercial or financial information that is not disclosed by a public entity and that is acquired by the department from a person who has contracted with the department for electronic access to motor vehicle division records.

          [B. Any] C. A person who violates the provisions of this section is guilty of a misdemeanor and upon conviction shall be sentenced in accordance with the provisions of Section 31-19-1 NMSA 1978."

- 4 -