Bill Text: IA HSB75 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act establishing a motor vehicle insurance verification program, establishing fees, and including penalty and effective date provisions.
Spectrum: Committee Bill
Status: (N/A - Dead) 2017-03-02 - Committee report, recommending amendment and passage. H.J. 507. [HSB75 Detail]
Download: Iowa-2017-HSB75-Introduced.html
House
Study
Bill
75
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
TRANSPORTATION
BILL
BY
CHAIRPERSON
CARLSON)
A
BILL
FOR
An
Act
establishing
a
motor
vehicle
insurance
verification
1
program,
establishing
fees,
and
including
penalty
and
2
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1761YC
(3)
87
ns/nh
H.F.
_____
Section
1.
Section
321.11,
subsection
3,
Code
2017,
is
1
amended
to
read
as
follows:
2
3.
Notwithstanding
other
provisions
of
this
section
to
the
3
contrary,
the
department
shall
not
release
personal
information
4
to
a
person,
other
than
to
an
officer
or
employee
of
a
law
5
enforcement
agency,
an
employee
of
a
federal
or
state
agency
6
or
political
subdivision
in
the
performance
of
the
employee’s
7
official
duties,
a
contract
employee
of
the
department
of
8
inspections
and
appeals
in
the
conduct
of
an
investigation,
or
9
a
licensed
private
investigation
agency
or
a
licensed
security
10
service
or
a
licensed
employee
of
either,
if
the
information
is
11
requested
by
the
presentation
of
a
registration
plate
number.
12
However,
the
department
may
release
personal
information
to
the
13
department’s
designated
agent
for
the
purposes
of
chapter
321B.
14
In
addition,
an
officer
or
employee
of
a
law
enforcement
agency
15
may
release
the
name,
address,
and
telephone
number
of
a
motor
16
vehicle
registrant
to
a
person
requesting
the
information
by
17
the
presentation
of
a
registration
plate
number
if
the
officer
18
or
employee
of
the
law
enforcement
agency
believes
that
the
19
release
of
the
information
is
necessary
in
the
performance
of
20
the
officer’s
or
employee’s
duties.
21
Sec.
2.
NEW
SECTION
.
321B.1
Short
title.
22
This
chapter
shall
be
known
and
may
be
cited
as
the
“Motor
23
Vehicle
Insurance
Verification
Act”
.
24
Sec.
3.
NEW
SECTION
.
321B.2
Definitions.
25
As
used
in
this
chapter,
unless
the
context
otherwise
26
requires:
27
1.
“Advisory
council”
means
the
group
established
pursuant
28
to
section
321B.3,
subsection
2.
29
2.
“Database”
means
the
motor
vehicle
insurance
verification
30
database
created
under
this
chapter.
31
3.
“Department”
means
the
department
of
transportation.
32
4.
“Designated
agent”
means
the
third
party
with
which
the
33
department
contracts
under
section
321B.3.
34
5.
“Financial
institution”
means
financial
institution
as
35
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defined
in
18
U.S.C.
§20.
1
6.
“Motor
vehicle”
means
motor
vehicle
as
defined
in
section
2
321.1.
3
7.
“Program”
means
the
motor
vehicle
insurance
verification
4
program
created
under
this
chapter.
5
8.
“Real-time
internet
services
model”
means
an
electronic
6
service
established
by
insurers
through
the
internet,
the
7
world
wide
web,
or
a
similar
proprietary
or
common
carrier
8
electronic
system
that
complies
with
the
specifications
and
9
standards
of
the
insurance
industry
committee
on
motor
vehicle
10
administration
and
that
is
available
twenty-four
hours
per
11
day,
seven
days
per
week,
subject
to
reasonable
allowances
for
12
scheduled
maintenance
or
temporary
system
failures.
13
Sec.
4.
NEW
SECTION
.
321B.3
Motor
vehicle
insurance
14
verification
program
——
advisory
council.
15
1.
A
motor
vehicle
insurance
verification
program
is
16
created
within
the
department
to
be
administered
by
the
17
department.
The
purposes
of
the
program
include
all
of
the
18
following:
19
a.
To
establish
a
motor
vehicle
insurance
verification
20
database
to
verify
compliance
with
the
requirements
of
section
21
321.20B.
22
b.
To
assist
in
reducing
the
number
of
uninsured
motor
23
vehicles
on
the
highways
of
the
state.
24
c.
To
assist
in
increasing
compliance
with
motor
vehicle
25
registration
requirements
and
for
other
law
enforcement
26
purposes.
27
d.
To
assist
in
protecting
the
bona
fide
security
interests
28
of
financial
institutions
in
motor
vehicles.
29
2.
a.
The
department
shall
establish
an
advisory
council,
30
chaired
by
the
director
of
the
department
or
a
representative
31
of
the
department
appointed
by
the
director,
consisting
of
32
six
members
including
the
director
of
the
department
or
the
33
representative
of
the
department
appointed
by
the
director,
34
a
representative
of
the
department
of
public
safety,
an
35
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H.F.
_____
insurance
company
representative
appointed
by
the
commissioner
1
of
insurance,
an
insurance
agent
appointed
by
the
commissioner
2
of
insurance,
a
representative
of
a
trade
association
of
3
property
and
casualty
insurers
appointed
by
the
commissioner
4
of
insurance,
and
a
representative
of
a
vendor
with
experience
5
implementing
real-time
internet
services
models
and
databases
6
similar
to
the
database
created
under
this
chapter
appointed
by
7
the
director
of
the
department
8
b.
The
advisory
council
shall
do
all
of
the
following:
9
(1)
Make
recommendations
to
the
department
on
the
best
10
methods
and
practices
for
implementing
a
real-time
internet
11
services
model
for
insurance
verification.
12
(2)
Assist
in
the
development
of
a
guide
for
insurers
13
detailing
the
data
fields
and
other
information
necessary
for
14
compliance
with
this
chapter.
15
(3)
Provide
an
annual
report
to
the
department
detailing
the
16
improvements
and
implementation
efforts
relating
to
insurance
17
verification
in
other
states
for
consideration
in
improving
18
compliance
and
operations
in
this
state.
19
3.
The
department
shall
contract
with
a
third
party
to
act
20
as
the
department’s
designated
agent
for
administration
of
this
21
chapter
for
a
period
of
four
years.
For
the
period
of
the
22
contract,
the
designated
agent
shall
establish
and
maintain
a
23
computer
database
containing
the
following
information:
24
a.
Information
provided
by
insurers
under
section
321B.5.
25
b.
Information
provided
by
the
department
under
subsection
26
6.
27
c.
Information
obtained
using
a
real-time
internet
services
28
model.
29
d.
Any
other
information
provided
by
the
department
pursuant
30
to
this
chapter.
31
4.
The
database
shall
be
developed
and
maintained,
and
32
access
to
a
real-time
internet
services
model
shall
be
33
provided,
in
accordance
with
guidelines
established
by
the
34
department
by
rule
to
allow
authorized
state
and
local
law
35
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_____
enforcement
agencies
and
financial
institutions
to
efficiently
1
access
the
records
of
the
database
and
real-time
internet
2
services
model,
including
reports
useful
for
the
implementation
3
of
this
chapter,
twenty-four
hours
per
day,
seven
days
4
per
week,
subject
to
reasonable
allowances
for
scheduled
5
maintenance
or
temporary
system
failures.
6
a.
Database
reports
shall
be
in
a
form
and
contain
7
information
approved
by
the
department.
8
b.
Database
reports
may
be
made
available
through
the
9
department’s
internet
site
or
through
other
electronic
media
10
if
the
department
determines
that
sufficient
security
is
11
provided
to
ensure
compliance
with
the
provisions
of
this
12
chapter
regarding
limitations
on
disclosure
of
information
in
13
the
database.
14
c.
The
department
shall
consult
with
the
chief
information
15
officer
appointed
under
section
8B.2
for
the
purpose
of
16
developing
network
security
requirements
for
the
database.
17
5.
At
least
twice
monthly,
the
designated
agent
shall
do
the
18
following,
using
information
provided
by
the
department:
19
a.
Update
the
database
with
motor
vehicle
insurance
20
information
provided
by
insurers
in
accordance
with
section
21
321B.5.
22
b.
Compare
all
current
motor
vehicle
registrations
against
23
the
database.
If
records
in
the
database
indicate
that
a
24
registered
motor
vehicle
is
not
covered
under
an
owner’s
25
policy
of
liability
insurance,
the
designated
agent
shall
26
use
a
real-time
internet
services
model
to
determine
if
the
27
registered
motor
vehicle
is
covered
under
an
owner’s
policy
of
28
liability
insurance.
29
6.
On
or
before
the
seventh
day
of
each
calendar
month,
the
30
department
shall
provide
the
designated
agent
with
the
make,
31
model,
year,
and
vehicle
identification
number
of
each
vehicle
32
in
the
department’s
motor
vehicle
database,
and
the
name
and
33
address
of
each
person
listed
on
each
vehicle’s
registration.
34
7.
The
department
shall
adopt
rules
in
accordance
with
35
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chapter
17A
establishing
procedures
for
the
use
of
the
1
department’s
motor
vehicle
database
for
the
purposes
of
2
administering
and
enforcing
this
chapter.
3
8.
a.
The
designated
agent
shall
archive
database
files
at
4
least
semiannually
for
auditing
purposes.
5
b.
The
department
shall
audit
the
program
at
least
annually.
6
The
audit
shall
include
verification
of:
7
(1)
Billings
made
by
the
designated
agent.
8
(2)
The
accuracy
of
the
designated
agent’s
matching
of
9
vehicle
registration
records
with
insurance
data.
10
Sec.
5.
NEW
SECTION
.
321B.4
Enforcement
of
financial
11
responsibility
requirements
——
penalty.
12
1.
If
records
in
the
database
and
the
real-time
internet
13
services
model
used
by
the
designated
agent
indicate
that
a
14
registered
motor
vehicle
is
not
covered
under
an
owner’s
policy
15
of
liability
insurance
for
three
consecutive
months,
at
the
16
direction
of
the
department
the
designated
agent
shall
provide
17
notice
by
first-class
mail
to
the
owner
of
the
motor
vehicle
18
that
the
owner
has
fifteen
days
from
the
date
the
notice
was
19
mailed
to
provide
one
of
the
following:
20
a.
Proof
of
financial
liability
coverage
as
defined
in
21
section
321.1,
subsection
24B.
22
b.
Proof
that
the
owner
is
exempt
from
the
requirement
to
23
maintain
proof
of
financial
liability
coverage
under
section
24
321.20B.
25
2.
If,
after
fifteen
days,
the
owner
of
the
motor
vehicle
26
fails
to
provide
satisfactory
proof
of
financial
liability
27
coverage,
the
designated
agent
shall
provide
a
second
notice
28
by
first-class
mail
to
the
owner
of
the
motor
vehicle
allowing
29
the
owner
an
additional
fifteen
days
from
the
date
the
second
30
notice
was
mailed
to
provide
the
information
requested
under
31
subsection
1.
32
3.
a.
The
designated
agent
shall
update
the
database
33
regarding
each
notice
sent
to
a
motor
vehicle
owner
under
34
subsections
1
and
2,
indicating
the
information
provided
by
the
35
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_____
motor
vehicle
owner
or
the
owner’s
failure
to
provide
proof
of
1
financial
liability
coverage,
as
applicable.
2
b.
If
the
owner
of
a
motor
vehicle
provides
proof
to
the
3
department
or
the
designated
agent
that
the
owner’s
motor
4
vehicle
is
covered
by
an
acceptable
form
of
financial
liability
5
coverage
described
in
section
321.1,
subsection
24B,
paragraph
6
“b”
,
“c”
,
or
“d”
,
the
information
shall
be
recorded
in
the
7
database.
8
c.
If
the
designated
agent
determines
the
motor
vehicle
9
is
appropriately
insured
using
a
real-time
internet
services
10
model,
the
information
shall
be
recorded
in
the
database.
11
4.
a.
If
the
owner
of
a
motor
vehicle
fails
to
provide
12
proof
of
financial
liability
coverage
following
receipt
of
the
13
second
notice
under
subsection
2,
the
designated
agent
shall
14
notify
the
department,
and
the
department
shall
revoke
the
15
registration
of
the
motor
vehicle.
16
b.
The
department
shall
provide
to
the
owner
of
the
motor
17
vehicle
appropriate
notice
of
the
revocation,
order
the
owner
18
to
surrender
the
registration
plates
and
registration
receipt
19
for
the
vehicle
to
the
county
treasurer,
advise
the
owner
of
20
the
legal
consequences
of
operating
a
vehicle
with
revoked
21
registration
and
without
financial
liability
coverage,
and
22
instruct
the
owner
on
how
to
reinstate
the
vehicle
registration
23
once
the
owner
has
obtained
financial
liability
coverage
for
24
the
vehicle.
25
5.
a.
A
person
shall
not
provide
a
false
or
fraudulent
26
statement
to
the
department
or
the
department’s
designated
27
agent
in
regard
to
proceedings
under
this
chapter.
28
b.
In
addition
to
any
other
penalties,
a
person
who
violates
29
paragraph
“a”
is
guilty
of
a
simple
misdemeanor.
30
6.
A
revocation
of
registration
under
this
chapter
is
in
31
addition
to
any
other
penalty
imposed
by
law.
This
chapter
32
does
not
affect
other
actions
or
penalties
that
may
be
taken
or
33
imposed
for
a
violation
of
section
321.20B
or
other
law.
34
7.
a.
A
registration
that
has
been
revoked
under
this
35
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_____
section
shall
not
be
reinstated
and
a
new
registration
shall
1
not
be
issued
to
the
holder
of
the
revoked
registration
until
2
the
person
does
all
of
the
following:
3
(1)
Pays
to
the
department
an
administrative
reinstatement
4
fee
of
one
hundred
dollars,
in
addition
to
any
other
penalty
5
imposed
by
law.
6
(2)
Complies
with
the
requirements
of
section
321.20B
and
7
this
chapter.
8
b.
Reinstatement
fees
collected
under
this
subsection
shall
9
be
retained
by
the
department
as
repayment
receipts
as
defined
10
in
section
8.2
and
shall
be
used
exclusively
to
offset
the
11
costs
of
administering
the
program,
including
payments
made
by
12
the
department
to
the
department’s
designated
agent.
13
Sec.
6.
NEW
SECTION
.
321B.5
Motor
vehicle
insurance
14
reporting
——
penalty.
15
1.
a.
Except
as
provided
in
paragraph
“b”
,
each
insurer
16
that
issues
a
policy
to
a
motor
vehicle
owner
in
this
state
17
that
includes
motor
vehicle
liability
coverage,
uninsured
18
motorist
coverage,
underinsured
motorist
coverage,
or
19
personal
injury
coverage
shall,
on
or
before
the
seventh
20
and
twenty-first
days
of
each
calendar
month,
submit
to
the
21
department’s
designated
agent
a
record
of
each
motor
vehicle
22
insurance
policy
that
was
issued
by
the
insurer
and
in
effect
23
for
a
vehicle
registered
or
garaged
in
this
state
as
of
the
24
date
of
the
previous
submission.
25
b.
An
insurer
is
not
required
to
provide
a
record
of
a
motor
26
vehicle
insurance
policy
under
paragraph
“a”
if
the
policy
27
covers
a
vehicle
that
is
registered
under
chapter
326.
28
c.
This
subsection
does
not
preclude
more
frequent
29
reporting.
30
2.
A
record
provided
by
an
insurer
under
subsection
1,
31
paragraph
“a”
,
shall
include
all
of
the
following:
32
a.
The
name,
date
of
birth,
and
driver’s
license
number,
if
33
the
insured
provides
a
driver’s
license
number
to
the
insurer,
34
of
each
insured
owner
or
operator,
and
the
address
of
the
named
35
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insured.
1
b.
The
make,
year,
and
vehicle
identification
number
of
each
2
insured
vehicle.
3
c.
The
policy
number
and
effective
date
of
each
policy.
4
3.
An
insurer
shall
provide
the
information
required
under
5
this
section
via
electronic
means
or
via
another
means
the
6
designated
agent
agrees
to
accept.
7
4.
a.
The
department
may
assess
a
civil
penalty
of
not
more
8
than
two
hundred
fifty
dollars
for
each
day
an
insurer
fails
to
9
comply
with
this
section.
10
b.
If
an
insurer
shows
that
the
failure
to
comply
with
this
11
section
was
inadvertent,
accidental,
or
the
result
of
excusable
12
neglect,
the
department
may
waive
the
civil
penalty.
13
c.
An
insurer
that
discloses
records
to
the
department’s
14
designated
agent
in
a
reasonable,
good-faith
effort
to
comply
15
with
the
requirements
of
this
section
shall
not
be
subject
to
a
16
civil
penalty
under
paragraph
“a”
.
17
Sec.
7.
NEW
SECTION
.
321B.6
Disclosure
of
database
18
information
——
penalty.
19
1.
Information
provided
to
the
designated
agent
and
20
information
contained
in
the
database
under
this
chapter
are
21
confidential
and
subject
to
the
provisions
and
penalties
of
18
22
U.S.C.
§2721.
Such
information
may
not
be
disclosed,
except
23
as
follows:
24
a.
For
the
purpose
of
investigating,
litigating,
or
25
enforcing
the
financial
liability
coverage
requirements
26
of
section
321.20B,
the
designated
agent
shall
provide
an
27
electronic
record
to
a
state
or
local
government
agency
or
28
court
verifying
motor
vehicle
financial
liability
coverage
29
information.
30
b.
For
the
purpose
of
investigating,
litigating,
or
31
enforcing
the
financial
liability
coverage
requirements
of
32
section
321.20B,
the
designated
agent
shall,
upon
request,
33
issue
to
any
state
or
local
government
agency
or
court
a
34
certificate
documenting
motor
vehicle
financial
liability
35
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coverage,
according
to
the
database,
of
a
specific
individual
1
or
motor
vehicle
for
the
time
period
designated
by
the
2
government
agency
or
court.
3
c.
Upon
request,
the
department
or
its
designated
agent
4
shall
disclose
whether
an
individual
is
covered
under
a
motor
5
vehicle
insurance
policy,
proof
of
the
insurance
coverage
6
policy,
and
the
insurance
company
name
to:
7
(1)
The
individual
or,
if
the
individual
is
deceased,
8
any
person
who
is
an
interested
party
in
the
estate
of
the
9
individual
as
provided
under
chapter
633.
10
(2)
The
parent
or
legal
guardian
of
the
individual
if
the
11
individual
is
an
unemancipated
minor.
12
(3)
The
legal
guardian
of
the
individual
if
the
individual
13
is
legally
incapacitated.
14
(4)
A
person
who
has
power
of
attorney
for
the
individual.
15
(5)
A
person
who
submits
a
notarized
release
from
the
16
individual
dated
no
more
than
ninety
days
before
the
date
the
17
request
is
made.
18
(6)
A
person
suffering
loss
or
injury
in
a
motor
vehicle
19
accident
in
which
the
individual
was
involved,
but
only
as
part
20
of
an
accident
report
as
authorized
in
section
321.271
relating
21
to
access
to
accident
reports.
22
d.
For
the
purpose
of
investigating,
enforcing,
or
23
prosecuting
laws
or
issuing
citations,
information
related
to
a
24
motor
vehicle
owner
or
operator’s
financial
liability
coverage
25
under
section
321.20B
may
be
provided
to
state
or
local
law
26
enforcement
agencies.
27
e.
Upon
request
of
a
peace
officer
acting
in
an
official
28
capacity
under
the
provisions
of
paragraph
“d”
,
the
department
29
or
the
designated
agent
shall,
upon
request,
disclose
relevant
30
information
contained
in
the
database.
31
f.
For
the
purpose
of
the
state
auditor
conducting
audits
32
of
the
program.
33
g.
Upon
request
of
a
financial
institution
for
the
purpose
34
of
protecting
the
financial
institution’s
bona
fide
security
35
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_____
interest
in
a
motor
vehicle.
1
2.
a.
The
department
may
allow
the
designated
agent
to
2
prepare
and
deliver,
upon
request,
a
report
on
the
insurance
3
information
of
a
person
or
motor
vehicle
in
accordance
with
4
this
section.
The
report
may
be
in
the
form
of:
5
(1)
A
certified
copy
that
is
considered
admissible
in
any
6
court
proceeding
in
the
same
manner
as
the
original.
7
(2)
Information
accessible
through
the
internet
or
through
8
another
electronic
medium
if
the
department
determines
that
9
sufficient
security
is
provided
to
ensure
compliance
with
this
10
section.
11
b.
The
department
may
allow
the
designated
agent
to
charge
a
12
fee
established
by
the
department
for
each
of
the
following:
13
(1)
Authenticating
a
document,
including
preparation
and
14
delivery
of
a
certified
copy.
15
(2)
Accessing
a
record
through
the
internet
or
through
16
another
electronic
medium.
17
(3)
Providing
a
record
to
a
financial
institution
under
18
subsection
1,
paragraph
“g”
.
19
3.
The
designated
agent
or
any
other
person
who
knowingly
20
releases
or
discloses
information
from
the
database
for
a
21
purpose
other
than
those
authorized
in
this
section
or
to
a
22
person
who
is
not
entitled
to
such
information
is
guilty
of
a
23
class
“D”
felony.
24
4.
Neither
the
state
nor
the
department’s
designated
agent
25
shall
be
liable
to
any
person
for
gathering,
managing,
or
26
using
the
information
in
the
database
in
compliance
with
this
27
chapter.
28
5.
The
designated
agent
shall
be
responsible
for
29
maintaining
and
securing
the
information
in
the
database
30
provided
by
the
department
and
insurers
under
sections
321B.3
31
and
321B.5.
32
6.
An
insurer
acting
in
compliance
with
this
chapter
shall
33
not
be
liable
to
any
person
for
the
disclosure
of
information
34
supplied
to
the
department
or
designated
agent.
Records
35
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_____
provided
by
an
insurer
under
this
chapter
shall
be
deemed
1
evidence
of
insurance
and
not
a
guarantee
of
insurance.
2
Sec.
8.
EFFECTIVE
DATE.
This
Act
takes
effect
July
1,
2018.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
bill
establishes
a
motor
vehicle
insurance
verification
7
program
to
be
administered
by
the
department
of
transportation
8
(DOT).
The
DOT
is
required
to
contract
with
a
third
party
9
for
four
years
to
act
as
the
DOT’s
designated
agent
for
10
administration
of
the
program.
11
The
bill
requires
the
DOT
to
establish
an
advisory
council
12
to
make
recommendations
to
the
DOT
on
the
best
methods
and
13
practices
for
implementing
a
real-time
internet
services
model
14
for
insurance
verification,
to
assist
in
the
development
of
15
a
guide
for
insurers
detailing
the
data
fields
and
other
16
information
necessary
for
compliance
with
the
bill,
and
to
17
provide
an
annual
report
to
the
DOT
detailing
the
improvements
18
and
implementation
efforts
relating
to
insurance
verification
19
in
other
states
for
consideration
in
improving
compliance
and
20
operations
in
this
state.
21
The
designated
agent
is
required
to
establish
and
maintain
a
22
database
containing
information
from
insurers
relating
to
motor
23
vehicle
insurance
coverage
for
registered
motor
vehicles,
motor
24
vehicle
identification
information,
personal
identification
25
information
for
registered
owners
of
motor
vehicles,
and
any
26
other
information
provided
to
the
designated
agent
by
the
DOT.
27
At
least
twice
per
month,
the
designated
agent
must
update
the
28
database
and
compare
current
motor
vehicle
registrations
with
29
updated
insurance
information.
If
records
in
the
database
30
indicate
that
a
registered
motor
vehicle
is
not
covered
under
31
an
owner’s
policy
of
liability
insurance,
the
bill
requires
the
32
designated
agent
to
use
a
real-time
internet
services
model
33
to
determine
if
the
registered
motor
vehicle
is
covered
under
34
an
owner’s
policy
of
liability
insurance.
The
files
in
the
35
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_____
database
must
be
archived
semiannually
and
audited
by
the
DOT
1
at
least
annually.
2
If
database
records
and
the
real-time
internet
services
3
model
show
that
a
registered
motor
vehicle
is
not
covered
under
4
an
owner’s
policy
of
liability
insurance
for
three
consecutive
5
months,
the
designated
agent
is
required
to
send
a
notice
to
6
the
owner
requiring
the
owner
to
respond
within
15
days
by
7
providing
proof
of
financial
liability
coverage
or
proof
that
8
the
owner
is
exempt
from
the
requirement
to
maintain
financial
9
liability
coverage.
If
the
owner
fails
to
respond,
a
second
10
notice
must
be
sent.
If
the
owner
does
not
respond
to
the
11
second
notice,
the
owner’s
motor
vehicle
registration
must
12
be
revoked
by
the
DOT
and
the
owner
is
required
to
surrender
13
the
registration
plates
and
registration
receipt
for
the
14
vehicle
to
the
county
treasurer.
In
order
to
obtain
a
new
15
registration
for
the
vehicle,
the
owner
must
comply
with
16
financial
responsibility
requirements
and
pay
an
administrative
17
fee
of
$100.
The
fees
collected
are
to
be
used
by
the
DOT
18
exclusively
to
offset
the
costs
of
administering
the
program,
19
including
payments
made
to
the
designated
agent.
20
The
bill
provides
that
if
a
motor
vehicle
is
covered
by
a
21
form
of
financial
liability
coverage
other
than
an
insurance
22
policy,
or
if
a
real-time
internet
services
model
indicates
a
23
vehicle
is
appropriately
insured,
that
fact
shall
be
noted
in
24
the
database.
25
The
bill
prohibits
a
person
from
providing
false
or
26
fraudulent
information
to
the
DOT
or
the
DOT’s
designated
27
agent
in
relation
to
the
motor
vehicle
insurance
verification
28
program.
A
violation
of
this
provision
is
a
simple
29
misdemeanor.
30
The
bill
requires
each
insurer
that
issues
a
policy
to
the
31
owner
of
a
motor
vehicle
that
includes
motor
vehicle
liability
32
coverage,
uninsured
motorist
coverage,
underinsured
motorist
33
coverage,
or
personal
injury
coverage
to,
before
the
7th
and
34
the
21st
of
each
month,
provide
the
DOT’s
designated
agent
with
35
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_____
a
record
of
each
motor
vehicle
insurance
policy
issued
by
the
1
insurer
and
in
effect
for
vehicles
registered
or
garaged
in
2
the
state
as
of
the
date
of
the
previous
submission.
Vehicles
3
subject
to
apportioned
registration
under
Code
chapter
326
are
4
not
included
in
this
requirement.
Insurers
that
fail
to
comply
5
with
the
reporting
requirement
may
be
assessed
a
civil
penalty
6
of
$250
per
day.
However,
the
DOT
may
waive
the
penalty
upon
a
7
showing
that
the
failure
was
inadvertent,
accidental,
or
the
8
result
of
excusable
neglect.
An
insurer
that
discloses
records
9
to
the
DOT’s
designated
agent
in
a
reasonable,
good-faith
10
effort
to
comply
with
the
bill
is
not
subject
to
the
penalty.
11
Information
contained
in
the
database
is
confidential,
but
12
the
bill
provides
exceptions
for
certain
disclosures,
including
13
disclosures
to
state
or
local
government
agencies
and
courts
14
for
specified
purposes,
to
individuals
and
certain
other
15
authorized
persons,
for
purposes
of
an
accident
investigation,
16
to
law
enforcement
agencies
and
peace
officers
for
certain
17
official
purposes,
to
the
state
auditor,
and
to
financial
18
institutions
with
a
security
interest
in
a
motor
vehicle.
19
The
designated
agent
may
be
authorized
by
the
DOT
to
provide
20
certified
copies
or
electronic
records,
as
appropriate,
and
to
21
charge
a
fee
for
the
provision
of
records
and
authentication
22
of
documents.
23
A
person,
including
the
designated
agent,
who
knowingly
24
releases
or
discloses
information
from
the
database
for
a
25
purpose
other
than
those
authorized
in
the
bill
or
to
a
person
26
who
is
not
entitled
to
such
information
is
guilty
of
a
class
27
“D”
felony.
28
The
bill
provides
that
the
state
and
the
DOT’s
designated
29
agent
are
not
liable
to
any
person
for
gathering,
managing,
or
30
using
the
information
in
the
database
in
compliance
with
the
31
bill.
The
bill
further
provides
that
the
designated
agent
is
32
responsible
for
maintaining
and
securing
the
information
in
the
33
database
provided
by
the
DOT
and
insurers,
but
insurers
acting
34
in
compliance
with
the
bill
are
not
liable
to
any
person
for
35
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