HB1325: (New Title) relative to additional uses of the E-Z Pass system.

CHAPTER 19

HB 1325-FN-A – FINAL VERSION

05Feb2004… 0250h

2004 SESSION

03-2276

06/01

HOUSE BILL 1325-FN-A

AN ACT relative to additional uses of the E-Z Pass system.

SPONSORS: Rep. Leber, Merr 35

COMMITTEE: Public Works and Highways

AMENDED ANALYSIS

This bill allows the commissioner of transportation to approve the use of E-Z Pass toll accounts for payment of non-toll obligations voluntarily incurred by E-Z Pass account holders and to establish certain fees for the administration of the E-Z Pass system.

This bill also limits the uses of electronic toll system information.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05Feb2004… 0250h

03-2276

06/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to additional uses of the E-Z Pass system.

Be it Enacted by the Senate and House of Representatives in General Court convened:

19:1 New Section; Additional Uses of E-Z Pass System. Amend RSA 237 by inserting after section 16-f the following new section:

237:16-g Additional Uses of E-Z Pass System. The commissioner may approve the use of the E-Z Pass system for the payment of non-toll based financial obligations voluntarily incurred by an account holder, provided that:

I. The financial obligation has been incurred for a purpose approved by the department pursuant to RSA 237:16-d, or the Interagency Group pursuant to procedures adopted in accordance with RSA 237:16-c.

II. The business entity to be paid through the system has entered into a written agreement with the department, or another member of the Interagency Group, agreeing to be bound by:

(a) All of the practices, procedures, and policies of the department or the Interagency Group;

(b) The requirements for confidentiality of information regarding the vehicle, the vehicle owner, and vehicle occupants under RSA 237:16-e;

(c) All applicable federal and state laws, regulations, and rules regulating the consumer credit transaction between the business entity and the account holder; and

(d) A process for the resolution of disputed charges with account holders, which includes an agreement to hold the department and its agents harmless for the payment of any unpaid financial obligation to the business entity incurred by the account holder through the E-Z Pass system.

III. The account holder has, as a result of signing a written account holder agreement prior to incurring charges on the account:

(a) Agreed to be liable for payment of such obligations in accordance with the terms of the agreement;

(b) Been provided with notice of all current policies regarding the sharing of information regarding the account and transactions incurred through the E-Z Pass system; and

(c) Been provided with notice of procedures available to resolve disputes arising from transactions incurred through the E-Z Pass system.

IV. The department may establish reasonable fees to be charged to account holders and business entities participating in this program, and to recover costs of administration, enforcement, and improvement of the E-Z Pass system. Such fees shall be deposited in the turnpike fund.

19:2 Confidentiality of Records. RSA 237:16-e is repealed and reenacted to read as follows:

237:16-e Confidentiality of Records. Notwithstanding RSA 91-A or any other provision of law, all information received by the department that could serve to identify vehicles, vehicle owners, vehicle occupants, or account holders in any electronic toll collection system in use in this state shall be for the exclusive use of the department for the sole purpose of administering the electronic toll collection system, and shall not be open to any other organization or person, nor be used in any court in any action or proceeding, unless the action or proceeding relates to the imposition of or indemnification for liability pursuant to this subdivision. The department may make such information available to another organization or person in the course of its administrative duties, only on the condition that the organization or person receiving such information is subject to the limitations set forth in this section. For the purposes of this section, administration or administrative duties shall not include marketing, soliciting existing account holders to participate in additional services, taking polls, or engaging in other similar activities for any purpose.

19:3 Effective Date. This act shall take effect 60 days after its passage.

(Approved: April 5, 2004)

(Effective Date: June 4, 2004)