HOUSE BILL 195

50th legislature - STATE OF NEW MEXICO - second session, 2012

INTRODUCED BY

Larry A. Larrañaga

AN ACT

RELATING TO MOTOR VEHICLES; AMENDING AND ENACTING SECTIONS OF THE MOTOR VEHICLE CODE TO CLARIFY ACCIDENT REPORT CONFIDENTIALITY; MAKING SOLICITATION OF ACCIDENT REPORTS OR CLIENTS A CRIME; PROVIDING PENALTIES.

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

     SECTION 1. Section 66-7-213 NMSA 1978 (being Laws 1978, Chapter 35, Section 402, as amended) is amended to read:

     "66-7-213. ACCIDENT REPORTS CONFIDENTIAL--EXCEPTIONS--PENALTIES.--

          A. All accident reports made by persons involved in accidents or by persons in charge of garages shall be without prejudice to the individual so reporting and shall be for the confidential use of the [state highway and] department of transportation [department] or other state agencies having use for the records for accident prevention purposes or for the administration of the laws of this state relating to the deposits of security and proof of financial responsibility by persons driving or the owners of motor vehicles, except that the [state highway and] department of transportation [department] may disclose:

                (1) the identity of a person involved in an accident when [his] the person's identity is not otherwise known or when the person denies [his] the person's presence at the accident; or

                (2) the fact that the owner or operator of a motor vehicle involved in the accident is or is not insured and if [he] the owner or operator is insured, the name and address of [his] the owner's or operator's insurance carrier.

          B. Except as otherwise provided in this section, no accident report shall be used as evidence in any trial, civil or criminal, arising out of an accident.

          C. The [state highway and] department of transportation [department] shall furnish upon demand of any person who has or claims to have made a report or upon demand of any court a certificate showing that a specified accident report has or has not been made to the [state highway and] department of transportation [department] solely to prove a compliance or a failure to comply with the requirement that a report be made to the [state highway and] department of transportation [department].

          D. A certified copy of the investigating officer's accident report may be introduced into evidence in any arbitration or civil action involving the insurer's liability under a motor vehicle or automobile liability policy containing uninsured motorist coverage as required by Section 66-5-301 NMSA 1978 to prove that the owner or operator of the other motor vehicle involved in the accident is either insured or uninsured. The investigating agency shall furnish a certified copy of the investigating officer's accident report to either party to the arbitration or civil action or to the court on request. The certified copy of the investigating officer's report is prima facie evidence that the owner or operator of the other motor vehicle is either insured or uninsured.

          E. For a period of sixty days after the date the report is filed, no public employee shall allow any person, including a practitioner, an attorney, health care service provider or their agents, to examine or obtain a copy of any accident report or related investigative report or supplemental report when the employee knows or should reasonably know that the request for access to the report is for commercial solicitation purposes. For purposes of this section, a request to examine or obtain a copy of a report is for commercial solicitation purposes if made at a time when there is no relationship between the person requesting the report and any party to the accident and there is no apparent reason for the person to request the report other than for purposes of soliciting a business or commercial relationship. A violation of this provision is a misdemeanor and is punishable pursuant to the provisions of Section 66-7-8 NMSA 1978.

          F. Motor vehicle accident reports may be made immediately available to the parties involved in a crash, the parties' legal representatives, the parties' licensed insurance agents, the parties' insurers or insurers to which the parties have applied for coverage, persons under contract with such insurers to provide claims or underwriting information, prosecutorial authorities, state-approved victim services programs, radio and television stations licensed by the federal communications commission, newspapers qualified to publish legal notices under applicable state law published at least once a week that are available to the public for the dissemination of news. For the purposes of this section, the following products or publications that are not newspapers, as referred to in this subsection, include those products or publications:

                (1) intended primarily for members of a particular profession or occupational group;

                (2) with the primary purpose of distributing advertising; and

                (3) with the primary purpose of publishing names and other personal identifying information concerning parties to motor vehicle crashes.

          G. In addition to any other requirements, a person requesting to inspect or copy a motor vehicle accident or crash report, related investigative report or supplemental report within sixty days of the accident shall:

                (1) produce for inspection and copying a government-issued photo identification; and

                (2) provide a written, signed sworn statement that:

                     (a) identifies the requested reports and the requester's relationship to the parties;

                     (b) includes the printed name of the requester;

                     (c) verifies that the requester is not prohibited from obtaining the report; and

                     (d) affirms that information from the reports will not be used for any commercial solicitation purpose of accident victims, or knowingly disclose to any third party for the purpose of such solicitation, during the sixty-day time period pursuant to this section.

          H. In lieu of requiring the written, signed sworn statement, any law enforcement, state or local agency may provide reports by electronic means to third-party vendors under contract with one or more insurers, but only when such contract states that information from a report made confidential will not be used for any commercial solicitation purpose of accident victims by the vendors, or knowingly disclose by the vendors to any third party for the purpose of such solicitation, during the sixty-day time period following filing of the report, and only when a copy of the contract is furnished to the agency as proof of the vendor's claimed status.

          I. For each request to inspect or copy a motor vehicle accident report or related investigative report or supplemental report made within sixty days of the accident, the law enforcement, state or local agency shall maintain for one year a copy of the requester's photo identification and statement."

     SECTION 2. A new section of Chapter 66, Article 8 NMSA 1978 is enacted to read:

     "[NEW MATERIAL] PROHIBITION OF SOLICITATION--PENALTIES.--

          A. No person, for a period of sixty days after the date the report is filed, shall request any law enforcement, state or local agency to permit examination or to furnish a copy of any motor vehicle accident report or related investigative report or supplemental report for commercial solicitation purposes. For purposes of this subsection, a request to examine or obtain a copy of a report is for commercial solicitation purposes if made at a time when there is no relationship between the person or the person's principal requesting the report and any party to the accident and there is no apparent reason for the person to request the report other than for purposes of soliciting a business or commercial relationship. A violation of this provision is a misdemeanor and is punishable pursuant to the provisions of Section 66-7-8 NMSA 1978.

          B. It is unlawful for a person:

                (1) whether directly or through a paid intermediary or volunteer, to solicit for financial gain a client, patient or customer within sixty days of a motor vehicle accident for the purpose of seeking benefits under a contract of insurance or to assert a claim against an insured, a governmental entity or an insurer on behalf of a person arising out of the accident; or

                (2) to compensate or give anything of value to a person to recommend or secure his employment by a client, patient or customer if the intent is to obtain benefits under a contract of insurance or to assert a claim against an insured or an insurer for providing services to the client, patient or customer.

          C. A violation of Subsection B of this section is a fourth degree felony and is punishable pursuant to the provisions of Section 31-18-15 NMSA 1978."

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