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The 192nd General Court of the Commonwealth of Massachusetts

Section 30A1/2: Agreements with third party entities by registrar

Section 30A1/2. Notwithstanding section 30A or any other general or special law to the contrary, the registrar may, in the interest of seeking cost efficiencies, avoiding disruptions and continuing to provide registry services for residents, enter into agreements with third party entities based in the commonwealth to perform functions on behalf of the registry of motor vehicles. The registrar shall enter into agreements only with entities existing as of November 1, 2009 that provide automobile-related services to the general public including, but not limited to, automobile-related associations, insurance companies and their authorized producers and producer associations and service carriers, and that maintains business offices that are open to the public during hours and at locations convenient for registry customers and in areas where a continuing need exists to provide registry services; provided, however, that an entity entering into any such agreement with the registrar shall only provide registry services to its own members or clients; provided further, that agreements entered into by the registrar and insurance companies or their authorized producers and producer associations and service carriers may authorize such entities to perform registry services that do not require issuance of new plates and that are currently originated by those entities; and provided further, that as part of any such agreement, the registrar shall provide each entity with a secure password to transact those services on behalf of its members or clients.

The registrar may provide necessary inventories, equipment, electronic connections and training in regard to such agreements to provide for the provision of registry-related services by the third party. The registrar may help to defray the expenses of the third party as part of the agreement if necessary to provide such services, but only if the overall effect of such agreement results in cost efficiencies to the registry. The registrar shall not enter into an agreement that results in the loss of employment with the commonwealth of any person who was performing services related to the agreement as a registry employee within the 30 days before the effective date of the agreement.

The registrar shall annually or more frequently if required by the agreement, review the third party's most recent performance under the agreement and if the cost efficiencies and other purposes for which the agreement has been entered into are not being realized, the registrar may terminate the agreement and recover all inventories, equipment, monies due and other items provided to the third party. An agreement may be amended from time to time.

All employees of a third party performing registry-related functions or having access to registry data or equipment shall be subject to all state and federal laws and regulations governing the protection of personal information. Fees collected by the third party on behalf of the registrar shall be deposited in the treasury of the commonwealth pursuant to section 34. An agreement shall ensure that the third party's performance of registry-related functions is subject to periodic audits by registry staff and the state auditor.