§255. Confidentiality for public safety

1.  Confidential records.  Notwithstanding any other provision of law, the Secretary of State or a designee of the Secretary of State may hold records relating to a person's motor vehicle registration and driver's license confidential for a specified period of time when the following conditions are met:

A. The Secretary of State has received a written request along with a copy of a protection order that has been issued under Title 5, section 4654 or 4655; Title 15, section 321; Title 19, section 765 or 766; or Title 22, chapter 1071 to protect the requestor from harassment or abuse; or   [PL 1995, c. 645, Pt. B, §6 (NEW); PL 1995, c. 645, Pt. B, §24 (AFF).]

B. The Secretary of State or a designee of the Secretary of State has:

(1) Received a written request showing cause that a person is in danger of serious bodily injury or death by another person and that the endangered person is relocating for the specific purpose of avoiding harm;

(2) Consulted with the Commissioner of Public Safety or a designee of the commissioner and the Attorney General or a designee of the Attorney General; and

(3) Determined that holding the endangered person's driver's license and motor vehicle registration records as confidential is in the best interest of public safety.   [PL 1995, c. 645, Pt. B, §6 (NEW); PL 1995, c. 645, Pt. B, §24 (AFF).]

[PL 1995, c. 645, Pt. B, §6 (NEW); PL 1995, c. 645, Pt. B, §24 (AFF).]

2.  Release of records.  The Secretary of State may release information held in confidence pursuant to subsection 1 to law enforcement officers, insurance companies and municipal, county, state or federal agencies that demonstrate a necessity for the information. The Secretary of State shall prescribe the conditions under which the information may be used and the person receiving the information may only use the information as prescribed.

[PL 1995, c. 645, Pt. B, §6 (NEW); PL 1995, c. 645, Pt. B, §24 (AFF).]

3.  Liability for release.  Neither failure of the Secretary of State or an employee of the Secretary of State to perform the requirements of this section nor compliance with it subjects the Secretary of State or employees of the Secretary of State to liability in a civil action.

[PL 1995, c. 645, Pt. B, §6 (NEW); PL 1995, c. 645, Pt. B, §24 (AFF).]

4.  Rules.  The Secretary of State may, in consultation with the Commissioner of Public Safety and the Attorney General, adopt rules necessary for the implementation of this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.

[PL 1995, c. 645, Pt. B, §6 (NEW); PL 1995, c. 645, Pt. B, §24 (AFF).]

SECTION HISTORY

PL 1995, c. 645, §B6 (NEW). PL 1995, c. 645, §B24 (AFF).