Governor Deval Patrick's Budget Recommendation - House 1 Fiscal Year 2012

Governor's Budget Recommendation FY 2012

Outside Section 8



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Confirm that Merit Rating Board is in MassDOT

SECTION 8.   (A) Clause (20) of subsection (a) of section 172 of chapter 6 of the General Laws, as appearing in section 21 of chapter 256 of the acts 2010, is hereby amended by striking out the figure "183" and inserting in place thereof the following words:- 57A of chapter 6C.

(B) Section 183 of said chapter 6 is hereby repealed

(C) Section 18 of chapter 6A of the General Laws is hereby amended by striking out, in lines 12 and13, as appearing in the 2008 Official Edition, the words "the registry of motor vehicles, the merit rating board".

(D) Chapter 6C of the General Laws is hereby amended by inserting after section 57A the following section:-
Section 57A. (a) There shall be within the registry of motor vehicles a motor vehicle insurance merit rating board, in this section called the merit rating board. The merit rating board shall consist of the registrar of motor vehicles, who shall serve as chair, the commissioner of insurance, and the attorney general or her designee. The merit rating board shall appoint a director, who shall not be subject to chapter 31. The merit rating board shall formulate and administer a plan for the compiling, gathering and disseminating of information, operator records and histories, and such other data as it deems necessary or appropriate pertaining to motor vehicle accidents, claims under motor vehicle policies and motor vehicle violations in order to facilitate the implementation and operation of the safe driver insurance plan provided in section 113B of chapter 175.
(b) The plan shall include a system for the gathering and maintaining of the information mentioned in subsection (a), operator records and histories, and other data and for its prompt and efficient dissemination to insurance companies making inquiry with respect to the motor vehicle accident, motor vehicle insurance claim and motor vehicle violation record of any owner or operator insured by or applying for insurance from any such insurer. These records and data disseminated by the plan shall be used exclusively for motor vehicle insurance purposes and criminal law enforcement purposes. Whoever disseminates or uses records or data disseminated under such plan contrary to this section shall be punished by a fine of not more than $1,000 for each offense or by imprisonment for not more than 1 year, or both.
(c) The merit rating board shall have access to criminal offender record information for the purpose of developing the plan. The department of criminal justice information services shall certify the merit rating board and each insurance company doing motor vehicle insurance business within the commonwealth for access to criminal offender record information pertaining to violations of chapter 90 by its insureds. The merit rating board and each such company shall comply with the regulations of the department of criminal justice information services and be subject to sections 172 to 178, inclusive.
(d) The merit rating board may expend for expenses and for legal, investigative, clerical and other assistance amounts appropriated for those purposes. All costs of administration and operation of the merit rating board shall be borne by insurance companies doing motor vehicle insurance business within the commonwealth. The commissioner of insurance shall apportion estimated costs among all such companies and shall assess them for those costs on a fair and reasonable basis. These estimated costs shall be paid to the commissioner within 30 days after the date of the notice from the commissioner of these estimated costs. The commissioner shall subsequently apportion actual costs among all such companies and shall make assessment adjustments for any variation between estimated and actual costs on a fair and reasonable basis. These estimated and actual costs shall include an amount equal to indirect costs as determined by the secretary of administration and finance and shall also include the cost of fringe benefits as established by the secretary of administration and finance.

(E) Section 34O of chapter 90, as appearing in the 2008 Official Edition, is hereby amended by striking out, in line 120, the words "one hundred and eighty-three of chapter six" and inserting in place thereof the following words:- 57A of chapter 6C.

(F) Section 113B of chapter 175 is hereby amended by striking out, in line 160, as so appearing, the words "183 of chapter 6" and inserting in place thereof the following words:- 57A of chapter 6C.

(G) Subsection (A) shall take effect on May 4, 2012.
 
 

Summary:
This section confirms that the Merit Rating Board, which is located within the Registry of Motor Vehicles, is in MassDOT and not EOPSS.



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