[ Text of section effective until July 1, 2011. Repealed by 2011, 68, Sec. 6. See 2011, 68, Sec. 221.]
Section 183. There shall be within the registry of motor vehicles a motor vehicle insurance merit rating board, hereinafter called the board. The board shall consist of the registrar of motor vehicles, who shall serve as chairman, the commissioner of insurance and the attorney general or his designee. The board shall appoint a director, who shall not be subject to the provisions of chapter thirty-one. The 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 one hundred and thirteen B of chapter one hundred and seventy-five.
Such plan shall include a system for the gathering and maintaining of the aforementioned information, operator records and histories, and other data and for the prompt and efficient dissemination of such 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. Such records and data disseminated by such 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 the provisions of this section shall be punished by a fine of not more than one thousand dollars for each offense or by imprisonment for not more than one year, or both.
The 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 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 ninety by its insureds; provided, however, that the board and each such company shall comply with the regulations of the department of criminal justice information services and be subject to the provisions of sections one hundred and seventy-two to one hundred and seventy-eight, inclusive.
The board may expend for expenses and for legal, investigative, clerical and other assistance such sums as may be appropriated therefor; provided, however, that all costs of administration and operation of said 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 the same on a fair and reasonable basis. Said estimated costs shall be paid to the commissioner within thirty days after the date of the notice from the commissioner of such 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. Such estimated and actual costs shall include an amount equal to indirect costs as determined by the commissioner of administration and finance and shall also include the cost of fringe benefits as established by the commissioner of administration and finance.