SB 591
Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
AN ACT
RELATING TO IGNITION INTERLOCKS; REQUIRING CONFIDENTIALITY IN
THE ADMINISTRATION OF THE IGNITION INTERLOCK LICENSING ACT
AND THE INTERLOCK DEVICE FUND; ALLOWING THE PAROLE BOARD AND
PROBATION AND PAROLE OFFICERS TO DETERMINE INDIGENCY FOR
PURPOSES OF ASSISTANCE FROM THE FUND.
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 department or bureau
employee or contractor or for any former department or bureau
employee or contractor to disclose to any person other than
another employee of the department or bureau any personal
information about an individual obtained by the department or
bureau in connection with a driver's license or permit, the
titling or registration of a vehicle, the administration of
the Ignition Interlock Licensing Act and the interlock device
fund 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 governmental agency,
pg_0002
SB 591
Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
including any court, in carrying out its functions or by any
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 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 requester if the
pg_0003
SB 591
Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
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. Any 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."
pg_0004
SB 591
Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Section 2. Section 66-8-102.3 NMSA 1978 (being Laws
2002, Chapter 82, Section 2, as amended) is amended to read:
"66-8-102.3. IMPOSING A FEE--INTERLOCK DEVICE FUND
CREATED.--
A. A fee is imposed on a person convicted of
driving while under the influence of intoxicating liquor or
drugs pursuant to Section 66-8-102 NMSA 1978 or adjudicated
as a delinquent on the basis of Subparagraph (a) of Paragraph
(1) of Subsection A of Section 32A-2-3 NMSA 1978 or a person
whose driver's license is revoked pursuant to the provisions
of the Implied Consent Act, in an amount determined by rule
of the traffic safety bureau of the department of
transportation not to exceed one hundred dollars ($100) but
not less than fifty dollars ($50.00) for each year the person
is required to operate only vehicles equipped with an
ignition interlock device in order to ensure the solvency of
the interlock device fund. The fee shall not be imposed on
an indigent person. The fee imposed by this subsection shall
be collected by the vendor who provides an ignition interlock
device to the person. The vendor shall remit the fees
collected on a quarterly basis to the traffic safety bureau
of the department of transportation.
B. The "interlock device fund" is created in the
state treasury. The fee imposed pursuant to Subsection A of
this section shall be distributed to the fund by the traffic
pg_0005
SB 591
Page 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
safety bureau of the department of transportation.
C. All money in the interlock device fund is
appropriated to the traffic safety bureau of the department
of transportation to cover the costs of installing and
removing and one-half of the cost of leasing ignition
interlock devices for indigent people who are required,
pursuant to convictions under Section 66-8-102 NMSA 1978 or
adjudications on the basis of Subparagraph (a) of Paragraph
(1) of Subsection A of Section 32A-2-3 NMSA 1978 or driver's
license revocations pursuant to the provisions of the Implied
Consent Act or as a condition of parole, to install those
devices in their vehicles. Indigency shall be determined by
the court, the parole board or a probation and parole
officer.
D. Any balance remaining in the interlock device
fund shall not revert to the general fund at the end of any
fiscal year.
E. The interlock device fund shall be administered
by the traffic safety bureau of the department of
transportation. No more than five percent of the money in the
interlock device fund in any fiscal year shall be expended by
the traffic safety bureau of the department of transportation
for the purpose of administering the fund."