HOUSE BILL 216

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

William "Bill" R. Rehm

AN ACT

RELATING TO PUBLIC RECORDS; PROVIDING AN EXCEPTION TO DISCLOSURE OF CERTAIN INFORMATION ON ACCIDENT REPORT FORMS.

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

     SECTION 1. Section 66-7-209 NMSA 1978 (being Laws 1978, Chapter 35, Section 398, as amended) is amended to read:

     "66-7-209. ACCIDENT REPORT FORM.--

          A. The [state highway and] department of transportation [department] shall prepare and, upon request, supply to police departments, district medical investigators, sheriffs, garages and other suitable agencies or individuals forms for accident reports required under Section 66-7-207 NMSA 1978 appropriate with respect to the persons required to make the reports and the purposes to be served. The written reports to be made by persons involved in accidents and by investigating officers shall call for sufficiently detailed information to disclose with reference to a traffic accident the cause, conditions then existing and the persons and vehicles involved. The report of the investigating officer shall also state whether the persons involved in the accident have motor vehicle or automobile liability insurance and the name and address of each insurance carrier.

          B. Every accident report required to be made in writing shall be made on an appropriate form approved by the [state highway and] department of transportation [department] in conjunction with the New Mexico state police division of the [public safety] department of public safety and shall contain all of the information required on the form unless not available.

          C. Every accident report shall also contain information sufficient to enable the [state highway and] department of transportation [department] to determine whether the requirements for the deposit of security under any of the laws of this state are inapplicable by reason of the existence of insurance or other exceptions specified therein.

          D. Notwithstanding the provisions of the Inspection of Public Records Act, unless a person requests inspection of an accident report by use of a name of an involved person, the following information regarding the accident that is the subject of the report shall be redacted from information disclosed from or on an accident report form:

                (1) the name, address, social security number and driver's license number for the persons involved;

                (2) contact information, including residential address, mailing address and phone number, for the persons involved; and

                (3) vehicle identification number and license plate designation for a motor vehicle involved."

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