HOUSE TRANSPORTATION AND PUBLIC WORKS COMMITTEE SUBSTITUTE FOR

HOUSE BILL 216

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

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 and except as provided in Subsection E of this section, 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 names, addresses, social security numbers and driver's license numbers for the persons involved and witnesses;

                (2) contact information, including residential addresses, mailing addresses and phone numbers, for the persons involved and witnesses; and

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

          E. An accident report may be inspected or copied without redaction by any of the following:

                (1) a party involved in the accident;

                (2) a legal representative of a party involved in the accident, including an attorney or an attorney's representative;

                (3) a licensed insurance agent of a party involved in the accident;

                (4) an insurance carrier using the accident report for an insurance-related purpose;

                (5) a person or entity under contract with:

                     (a) an insurer to provide claims or underwriting information, including an insurance support organization;

                     (b) a law enforcement agency; or

                     (c) a government entity for vehicle history purposes;

                (6) a licensed private investigator; and

                (7) any local, state or federal agency that is authorized by law to have access to accident reports."

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