House
File
604
-
Reprinted
HOUSE
FILE
604
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
HSB
170)
(As
Amended
and
Passed
by
the
House
April
10,
2017
)
A
BILL
FOR
An
Act
relating
to
motor
vehicle
insurance,
including
the
1
establishment
of
a
motor
vehicle
insurance
verification
2
program,
establishing
fees,
and
including
penalty
and
3
effective
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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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.
Section
321.20B,
subsection
4,
paragraph
c,
Code
22
2017,
is
amended
to
read
as
follows:
23
c.
(1)
An
owner
or
driver
cited
for
a
violation
of
24
subsection
1
,
who
produces
to
the
clerk
of
court
prior
to
the
25
date
of
the
person’s
court
appearance
as
indicated
on
the
26
citation
proof
that
financial
liability
coverage
was
in
effect
27
for
the
motor
vehicle
at
the
time
the
person
was
stopped
and
28
cited
of
either
of
the
following
,
shall
not
be
convicted
of
29
such
violation
and
the
citation
issued
shall
be
dismissed
by
30
the
court.
court:
31
(a)
Financial
liability
coverage
was
in
effect
for
the
motor
32
vehicle
at
the
time
the
person
was
stopped
and
cited.
33
(b)
Financial
liability
coverage
was
purchased
on
or
after
34
the
date
the
citation
was
issued,
is
in
effect
for
the
motor
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vehicle,
and
covers
the
owner
or
driver.
This
subparagraph
1
division
(b)
shall
only
apply
if
the
violation
is
the
owner’s
2
or
driver’s
first
violation
of
subsection
1
occurring
on
or
3
after
the
effective
date
of
this
Act.
4
(2)
Upon
dismissal,
the
court
or
clerk
of
court
shall
assess
5
the
costs
of
the
action
against
the
defendant
named
on
the
6
citation.
7
Sec.
3.
Section
321.20B,
subsection
5,
paragraph
b,
Code
8
2017,
is
amended
to
read
as
follows:
9
b.
Issue
a
citation.
10
(1)
An
owner
or
driver
who
produces
to
the
clerk
of
court
11
prior
to
the
date
of
the
person’s
court
appearance
as
indicated
12
on
the
citation
proof
that
the
financial
liability
coverage
13
was
in
effect
for
the
motor
vehicle
at
the
time
the
person
was
14
stopped
and
cited,
or
if
the
driver
is
not
the
owner
of
the
15
motor
vehicle,
proof
that
liability
coverage
was
in
effect
for
16
the
driver
with
respect
to
the
motor
vehicle
being
driven
at
17
the
time
the
driver
was
stopped
and
cited
in
the
same
manner
18
as
if
the
motor
vehicle
were
owned
by
the
driver
of
either
of
19
the
following
,
shall
be
given
a
receipt
indicating
that
proof
20
was
provided,
and
the
citation
issued
shall
be
dismissed
by
the
21
court.
court:
22
(a)
Financial
liability
coverage
was
in
effect
for
the
motor
23
vehicle
at
the
time
the
person
was
stopped
and
cited,
or
if
24
the
driver
is
not
the
owner
of
the
motor
vehicle,
proof
that
25
liability
coverage
was
in
effect
for
the
driver
with
respect
26
to
the
motor
vehicle
being
driven
at
the
time
the
driver
was
27
stopped
and
cited
in
the
same
manner
as
if
the
motor
vehicle
28
were
owned
by
the
driver.
29
(b)
Financial
liability
coverage
was
purchased
on
or
after
30
the
date
the
citation
was
issued,
is
in
effect
for
the
motor
31
vehicle,
and
covers
the
owner
or
driver.
This
subparagraph
32
division
(b)
shall
only
apply
if
the
violation
is
the
owner’s
33
or
driver’s
first
violation
of
subsection
1
occurring
on
or
34
after
the
effective
date
of
this
Act.
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(2)
Upon
dismissal,
the
court
or
clerk
of
court
shall
assess
1
the
costs
of
the
action
against
the
defendant
named
on
the
2
citation.
3
Sec.
4.
Section
321.24,
subsection
1,
Code
2017,
is
amended
4
to
read
as
follows:
5
1.
Upon
receipt
of
the
application
for
title
and
payment
of
6
the
required
fees
for
a
motor
vehicle,
trailer,
or
semitrailer,
7
the
county
treasurer
or
the
department
shall,
when
satisfied
8
as
to
the
application’s
genuineness
and
regularity,
and,
in
9
the
case
of
a
mobile
home
or
manufactured
home,
that
taxes
10
are
not
owing
under
chapter
423
or
435
,
issue
a
certificate
11
of
title
and,
except
for
a
mobile
home
or
manufactured
home,
12
a
registration
receipt,
and
shall
file
the
application,
the
13
manufacturer’s
or
importer’s
certificate,
the
certificate
of
14
title,
or
other
evidence
of
ownership,
as
prescribed
by
the
15
department.
The
registration
receipt
shall
be
delivered
to
the
16
owner
and
shall
contain
upon
its
face
the
date
issued,
the
name
17
and
address
of
the
owner,
the
registration
number
assigned
to
18
the
vehicle,
the
amount
of
the
fee
paid,
the
type
of
fuel
used,
19
a
description
of
the
vehicle
as
determined
by
the
department,
20
and
a
form
for
notice
of
transfer
of
the
vehicle.
The
name
21
and
address
of
any
lessee
of
the
vehicle
shall
not
be
printed
22
on
the
registration
receipt
or
certificate
of
title.
Up
to
23
three
owners
may
be
listed
on
the
registration
receipt
and
24
certificate
of
title.
The
registration
receipt
shall
contain
25
upon
its
face
the
following
notice
in
boldface,
ten
point
type
26
in
substantially
the
following
language:
27
FAILURE
TO
CARRY
MOTOR
VEHICLE
INSURANCE
MAY
RESULT
IN
THE
28
SUSPENSION
OF
THIS
REGISTRATION
AND
AFFECT
YOUR
ABILITY
TO
29
REGISTER
A
MOTOR
VEHICLE.
30
Sec.
5.
NEW
SECTION
.
321.492C
Use
of
camera
or
optical
31
device
for
insurance
enforcement
prohibited.
32
The
state
or
a
political
subdivision
of
the
state
shall
not
33
use
any
automated
or
remote
system
equipped
with
a
camera
or
34
other
optical
device
to
identify
persons
operating
a
motor
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vehicle
in
violation
of
section
321.20B
or
chapter
321A.
1
Sec.
6.
NEW
SECTION
.
321B.1
Short
title.
2
This
chapter
shall
be
known
and
may
be
cited
as
the
“Motor
3
Vehicle
Insurance
Verification
Act”
.
4
Sec.
7.
NEW
SECTION
.
321B.2
Definitions.
5
As
used
in
this
chapter,
unless
the
context
otherwise
6
requires:
7
1.
“Advisory
council”
means
the
group
established
pursuant
8
to
section
321B.3,
subsection
2.
9
2.
“Database”
means
the
motor
vehicle
insurance
verification
10
database
created
under
this
chapter.
11
3.
“Department”
means
the
department
of
transportation.
12
4.
“Designated
agent”
means
the
third
party
with
which
the
13
department
contracts
under
section
321B.3.
14
5.
“Financial
institution”
means
financial
institution
as
15
defined
in
18
U.S.C.
§20.
16
6.
“Motor
vehicle”
means
motor
vehicle
as
defined
in
section
17
321.1.
18
7.
“Program”
means
the
motor
vehicle
insurance
verification
19
program
created
under
this
chapter.
20
8.
“Real-time
internet
services
model”
means
an
electronic
21
service
established
by
insurers
through
the
internet,
the
22
world
wide
web,
or
a
similar
proprietary
or
common
carrier
23
electronic
system
that
complies
with
the
specifications
and
24
standards
of
the
insurance
industry
committee
on
motor
vehicle
25
administration
and
that
is
available
twenty-four
hours
per
26
day,
seven
days
per
week,
subject
to
reasonable
allowances
for
27
scheduled
maintenance
or
temporary
system
failures.
28
Sec.
8.
NEW
SECTION
.
321B.3
Motor
vehicle
insurance
29
verification
program
——
advisory
council.
30
1.
A
motor
vehicle
insurance
verification
program
is
31
created
within
the
department
to
be
administered
by
the
32
department.
The
purposes
of
the
program
include
all
of
the
33
following:
34
a.
To
establish
a
motor
vehicle
insurance
verification
35
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database
to
verify
compliance
with
the
requirements
of
section
1
321.20B.
2
b.
To
assist
in
reducing
the
number
of
uninsured
motor
3
vehicles
on
the
highways
of
the
state.
4
c.
To
assist
in
increasing
compliance
with
motor
vehicle
5
registration
requirements
and
for
other
law
enforcement
6
purposes.
7
d.
To
assist
in
protecting
the
bona
fide
security
interests
8
of
financial
institutions
in
motor
vehicles.
9
2.
a.
The
department
shall
establish
an
advisory
council,
10
chaired
by
the
director
of
the
department
or
a
representative
11
of
the
department
appointed
by
the
director,
consisting
of
12
six
members
including
the
director
of
the
department
or
the
13
representative
of
the
department
appointed
by
the
director,
14
a
representative
of
the
department
of
public
safety,
an
15
insurance
company
representative
appointed
by
the
commissioner
16
of
insurance,
an
insurance
agent
appointed
by
the
commissioner
17
of
insurance,
a
representative
of
a
trade
association
of
18
property
and
casualty
insurers
appointed
by
the
commissioner
19
of
insurance,
and
a
representative
of
a
vendor
with
experience
20
implementing
real-time
internet
services
models
and
databases
21
similar
to
the
database
created
under
this
chapter
appointed
by
22
the
director
of
the
department.
23
b.
The
advisory
council
shall
do
all
of
the
following:
24
(1)
Make
recommendations
to
the
department
on
the
best
25
methods
and
practices
for
implementing
a
real-time
internet
26
services
model
for
insurance
verification.
27
(2)
Assist
in
the
development
of
a
guide
for
insurers
28
detailing
the
data
fields
and
other
information
necessary
for
29
compliance
with
this
chapter.
30
(3)
Provide
an
annual
report
to
the
department
detailing
the
31
improvements
and
implementation
efforts
relating
to
insurance
32
verification
in
other
states
for
consideration
in
improving
33
compliance
and
operations
in
this
state.
34
3.
Following
the
competitive
bidding
procedures
as
provided
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in
chapter
8A,
subchapter
III,
the
department
shall
contract
1
with
a
third
party
to
act
as
the
department’s
designated
agent
2
for
administration
of
this
chapter.
For
the
period
of
the
3
contract,
the
designated
agent
shall
establish
and
maintain
a
4
computer
database
containing
the
following
information:
5
a.
Information
provided
by
insurers
under
section
321B.5.
6
b.
Information
provided
by
the
department
under
subsection
7
6.
8
c.
Information
obtained
using
a
real-time
internet
services
9
model.
10
d.
Any
other
information
provided
by
the
department
pursuant
11
to
this
chapter.
12
4.
The
database
shall
be
developed
and
maintained,
and
13
access
to
a
real-time
internet
services
model
shall
be
14
provided,
in
accordance
with
guidelines
established
by
the
15
department
by
rule
to
allow
authorized
state
and
local
law
16
enforcement
agencies
and
financial
institutions
to
efficiently
17
access
the
records
of
the
database
and
real-time
internet
18
services
model,
including
reports
useful
for
the
implementation
19
of
this
chapter,
twenty-four
hours
per
day,
seven
days
20
per
week,
subject
to
reasonable
allowances
for
scheduled
21
maintenance
or
temporary
system
failures.
22
a.
Database
reports
shall
be
in
a
form
and
contain
23
information
approved
by
the
department.
24
b.
Database
reports
may
be
made
available
through
the
25
department’s
internet
site
or
through
other
electronic
media
26
if
the
department
determines
that
sufficient
security
is
27
provided
to
ensure
compliance
with
the
provisions
of
this
28
chapter
regarding
limitations
on
disclosure
of
information
in
29
the
database.
30
c.
The
department
shall
consult
with
the
chief
information
31
officer
appointed
under
section
8B.2
for
the
purpose
of
32
developing
network
security
requirements
for
the
database.
33
5.
At
least
twice
monthly,
the
designated
agent
shall
do
the
34
following,
using
information
provided
by
the
department:
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a.
Update
the
database
with
motor
vehicle
insurance
1
information
provided
by
insurers
in
accordance
with
section
2
321B.5.
3
b.
Compare
all
current
motor
vehicle
registrations
against
4
the
database.
If
records
in
the
database
indicate
that
a
5
registered
motor
vehicle
is
not
covered
under
an
owner’s
6
policy
of
liability
insurance,
the
designated
agent
shall
7
use
a
real-time
internet
services
model
to
determine
if
the
8
registered
motor
vehicle
is
covered
under
an
owner’s
policy
of
9
liability
insurance.
10
6.
On
or
before
the
seventh
day
of
each
calendar
month,
the
11
department
shall
provide
the
designated
agent
with
the
make,
12
model,
year,
and
vehicle
identification
number
of
each
vehicle
13
in
the
department’s
motor
vehicle
database,
and
the
name
and
14
address
of
each
person
listed
on
each
vehicle’s
registration.
15
7.
The
department
shall
adopt
rules
in
accordance
with
16
chapter
17A
establishing
procedures
for
the
use
of
the
17
department’s
motor
vehicle
database
for
the
purposes
of
18
administering
and
enforcing
this
chapter.
19
8.
a.
The
designated
agent
shall
archive
database
files
at
20
least
semiannually
for
auditing
purposes.
21
b.
The
department
shall
audit
the
program
at
least
annually.
22
The
audit
shall
include
verification
of:
23
(1)
Billings
made
by
the
designated
agent.
24
(2)
The
accuracy
of
the
designated
agent’s
matching
of
25
vehicle
registration
records
with
insurance
data.
26
Sec.
9.
NEW
SECTION
.
321B.4
Enforcement
of
financial
27
responsibility
requirements
——
penalty.
28
1.
If
records
in
the
database
and
the
real-time
internet
29
services
model
used
by
the
designated
agent
indicate
that
a
30
registered
motor
vehicle
is
not
covered
under
an
owner’s
policy
31
of
liability
insurance
for
three
consecutive
months,
at
the
32
direction
of
the
department
the
designated
agent
shall
provide
33
notice
by
first-class
mail
to
the
owner
of
the
motor
vehicle
34
that
the
owner
has
fifteen
days
from
the
date
the
notice
was
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mailed
to
provide
one
of
the
following:
1
a.
Proof
of
financial
liability
coverage
as
defined
in
2
section
321.1,
subsection
24B.
3
b.
Proof
that
the
owner
is
exempt
from
the
requirement
to
4
maintain
proof
of
financial
liability
coverage
under
section
5
321.20B.
6
2.
If,
after
fifteen
days,
the
owner
of
the
motor
vehicle
7
fails
to
provide
satisfactory
proof
of
financial
liability
8
coverage,
the
designated
agent
shall
provide
a
second
notice
9
by
first-class
mail
to
the
owner
of
the
motor
vehicle
allowing
10
the
owner
an
additional
fifteen
days
from
the
date
the
second
11
notice
was
mailed
to
provide
the
information
requested
under
12
subsection
1.
13
3.
a.
The
designated
agent
shall
update
the
database
14
regarding
each
notice
sent
to
a
motor
vehicle
owner
under
15
subsections
1
and
2,
indicating
the
information
provided
by
the
16
motor
vehicle
owner
or
the
owner’s
failure
to
provide
proof
of
17
financial
liability
coverage,
as
applicable.
18
b.
If
the
owner
of
a
motor
vehicle
provides
proof
to
the
19
department
or
the
designated
agent
that
the
owner’s
motor
20
vehicle
is
covered
by
an
acceptable
form
of
financial
liability
21
coverage
described
in
section
321.1,
subsection
24B,
paragraph
22
“b”
,
“c”
,
or
“d”
,
the
information
shall
be
recorded
in
the
23
database.
24
c.
If
the
designated
agent
determines
the
motor
vehicle
25
is
appropriately
insured
using
a
real-time
internet
services
26
model,
the
information
shall
be
recorded
in
the
database.
27
4.
a.
If
the
owner
of
a
motor
vehicle
fails
to
provide
28
proof
of
financial
liability
coverage
following
receipt
of
the
29
second
notice
under
subsection
2,
the
designated
agent
shall
30
notify
the
department,
and
the
department
shall
suspend
the
31
registration
of
the
motor
vehicle.
32
b.
The
department
shall
provide
to
the
owner
of
the
motor
33
vehicle
appropriate
notice
of
the
suspension,
order
the
owner
34
to
surrender
the
registration
plates
and
registration
receipt
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for
the
vehicle
to
the
county
treasurer,
advise
the
owner
of
1
the
legal
consequences
of
operating
a
vehicle
with
a
suspended
2
registration
and
without
financial
liability
coverage,
and
3
instruct
the
owner
on
how
to
reinstate
the
vehicle
registration
4
once
the
owner
has
obtained
financial
liability
coverage
for
5
the
vehicle.
6
5.
a.
A
person
shall
not
provide
a
false
or
fraudulent
7
statement
to
the
department
or
the
department’s
designated
8
agent
in
regard
to
proceedings
under
this
chapter.
9
b.
In
addition
to
any
other
penalties,
a
person
who
violates
10
paragraph
“a”
is
guilty
of
a
simple
misdemeanor.
11
6.
A
suspension
of
registration
under
this
chapter
is
in
12
addition
to
any
other
penalty
imposed
by
law.
This
chapter
13
does
not
affect
other
actions
or
penalties
that
may
be
taken
or
14
imposed
for
a
violation
of
section
321.20B
or
other
law.
15
7.
a.
A
registration
that
has
been
suspended
under
this
16
section
shall
not
be
reinstated
and
a
registration
shall
not
be
17
issued
to
the
holder
of
the
suspended
registration
until
the
18
person
does
all
of
the
following:
19
(1)
Pays
to
the
department
an
administrative
reinstatement
20
fee
of
one
hundred
dollars,
in
addition
to
any
other
penalty
21
imposed
by
law.
22
(2)
Complies
with
the
requirements
of
section
321.20B
and
23
this
chapter.
24
b.
Reinstatement
fees
collected
under
this
subsection
shall
25
be
retained
by
the
department
as
repayment
receipts
as
defined
26
in
section
8.2
and
shall
be
used
exclusively
to
offset
the
27
costs
of
administering
the
program,
including
payments
made
by
28
the
department
to
the
department’s
designated
agent.
29
Sec.
10.
NEW
SECTION
.
321B.5
Motor
vehicle
insurance
30
reporting
——
penalty.
31
1.
a.
Except
as
provided
in
paragraph
“b”
,
each
insurer
32
that
issues
a
policy
to
a
motor
vehicle
owner
in
this
state
33
that
includes
motor
vehicle
liability
coverage,
uninsured
34
motorist
coverage,
underinsured
motorist
coverage,
or
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personal
injury
coverage
shall,
on
or
before
the
seventh
1
and
twenty-first
days
of
each
calendar
month,
submit
to
the
2
department’s
designated
agent
a
record
of
each
motor
vehicle
3
insurance
policy
that
was
issued
by
the
insurer
and
in
effect
4
for
a
vehicle
registered
or
garaged
in
this
state
as
of
the
5
date
of
the
previous
submission.
6
b.
An
insurer
is
not
required
to
provide
a
record
of
a
motor
7
vehicle
insurance
policy
under
paragraph
“a”
if
the
policy
8
covers
a
vehicle
that
is
registered
under
chapter
326.
9
c.
This
subsection
does
not
preclude
more
frequent
10
reporting.
11
2.
A
record
provided
by
an
insurer
under
subsection
1,
12
paragraph
“a”
,
shall
include
all
of
the
following:
13
a.
The
name,
date
of
birth,
and
driver’s
license
number,
if
14
the
insured
provides
a
driver’s
license
number
to
the
insurer,
15
of
each
insured
owner
or
operator,
and
the
address
of
the
named
16
insured.
17
b.
The
make,
year,
and
vehicle
identification
number
of
each
18
insured
vehicle.
19
c.
The
policy
number
and
effective
date
of
each
policy.
20
3.
An
insurer
shall
provide
the
information
required
under
21
this
section
via
electronic
means
or
via
another
means
the
22
designated
agent
agrees
to
accept.
23
4.
a.
The
department
may
assess
a
civil
penalty
of
not
more
24
than
two
hundred
fifty
dollars
for
each
day
an
insurer
fails
to
25
comply
with
this
section.
26
b.
If
an
insurer
shows
that
the
failure
to
comply
with
this
27
section
was
inadvertent,
accidental,
or
the
result
of
excusable
28
neglect,
the
department
may
waive
the
civil
penalty.
29
c.
An
insurer
that
discloses
records
to
the
department’s
30
designated
agent
in
a
reasonable,
good-faith
effort
to
comply
31
with
the
requirements
of
this
section
shall
not
be
subject
to
a
32
civil
penalty
under
paragraph
“a”
.
33
Sec.
11.
NEW
SECTION
.
321B.6
Disclosure
of
database
34
information
——
penalty.
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1.
Information
provided
to
the
designated
agent
and
1
information
contained
in
the
database
under
this
chapter
are
2
confidential
and
subject
to
the
provisions
and
penalties
of
18
3
U.S.C.
§2721.
Such
information
may
not
be
disclosed,
except
4
as
follows:
5
a.
For
the
purpose
of
investigating,
litigating,
or
6
enforcing
the
financial
liability
coverage
requirements
7
of
section
321.20B,
the
designated
agent
shall
provide
an
8
electronic
record
to
a
state
or
local
government
agency
or
9
court
verifying
motor
vehicle
financial
liability
coverage
10
information.
11
b.
For
the
purpose
of
investigating,
litigating,
or
12
enforcing
the
financial
liability
coverage
requirements
of
13
section
321.20B,
the
designated
agent
shall,
upon
request,
14
issue
to
any
state
or
local
government
agency
or
court
a
15
certificate
documenting
motor
vehicle
financial
liability
16
coverage,
according
to
the
database,
of
a
specific
individual
17
or
motor
vehicle
for
the
time
period
designated
by
the
18
government
agency
or
court.
19
c.
Upon
request,
the
department
or
its
designated
agent
20
shall
disclose
whether
an
individual
is
covered
under
a
motor
21
vehicle
insurance
policy,
proof
of
the
insurance
coverage
22
policy,
and
the
insurance
company
name
to:
23
(1)
The
individual
or,
if
the
individual
is
deceased,
24
any
person
who
is
an
interested
party
in
the
estate
of
the
25
individual
as
provided
under
chapter
633.
26
(2)
The
parent
or
legal
guardian
of
the
individual
if
the
27
individual
is
an
unemancipated
minor.
28
(3)
The
legal
guardian
of
the
individual
if
the
individual
29
is
legally
incapacitated.
30
(4)
A
person
who
has
power
of
attorney
for
the
individual.
31
(5)
A
person
who
submits
a
notarized
release
from
the
32
individual
dated
no
more
than
ninety
days
before
the
date
the
33
request
is
made.
34
(6)
A
person
suffering
loss
or
injury
in
a
motor
vehicle
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accident
in
which
the
individual
was
involved,
but
only
as
part
1
of
an
accident
report
as
authorized
in
section
321.271
relating
2
to
access
to
accident
reports.
3
d.
For
the
purpose
of
investigating,
enforcing,
or
4
prosecuting
laws
or
issuing
citations,
information
related
to
a
5
motor
vehicle
owner
or
operator’s
financial
liability
coverage
6
under
section
321.20B
may
be
provided
to
state
or
local
law
7
enforcement
agencies.
8
e.
Upon
request
of
a
peace
officer
acting
in
an
official
9
capacity
under
the
provisions
of
paragraph
“d”
,
the
department
10
or
the
designated
agent
shall,
upon
request,
disclose
relevant
11
information
contained
in
the
database.
12
f.
For
the
purpose
of
the
state
auditor
conducting
audits
13
of
the
program.
14
g.
Upon
request
of
a
financial
institution
for
the
purpose
15
of
protecting
the
financial
institution’s
bona
fide
security
16
interest
in
a
motor
vehicle.
17
2.
a.
The
department
may
allow
the
designated
agent
to
18
prepare
and
deliver,
upon
request,
a
report
on
the
insurance
19
information
of
a
person
or
motor
vehicle
in
accordance
with
20
this
section.
The
report
may
be
in
the
form
of:
21
(1)
A
certified
copy
that
is
considered
admissible
in
any
22
court
proceeding
in
the
same
manner
as
the
original.
23
(2)
Information
accessible
through
the
internet
or
through
24
another
electronic
medium
if
the
department
determines
that
25
sufficient
security
is
provided
to
ensure
compliance
with
this
26
section.
27
b.
The
department
may
allow
the
designated
agent
to
charge
a
28
fee
established
by
the
department
for
each
of
the
following:
29
(1)
Authenticating
a
document,
including
preparation
and
30
delivery
of
a
certified
copy.
31
(2)
Accessing
a
record
through
the
internet
or
through
32
another
electronic
medium.
33
(3)
Providing
a
record
to
a
financial
institution
under
34
subsection
1,
paragraph
“g”
.
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3.
The
designated
agent
or
any
other
person
who
knowingly
1
releases
or
discloses
information
from
the
database
for
a
2
purpose
other
than
those
authorized
in
this
section
or
to
a
3
person
who
is
not
entitled
to
such
information
is
guilty
of
a
4
class
“D”
felony.
5
4.
Neither
the
state
nor
the
department’s
designated
agent
6
shall
be
liable
to
any
person
for
gathering,
managing,
or
7
using
the
information
in
the
database
in
compliance
with
this
8
chapter.
9
5.
The
designated
agent
shall
be
responsible
for
10
maintaining
and
securing
the
information
in
the
database
11
provided
by
the
department
and
insurers
under
sections
321B.3
12
and
321B.5.
13
6.
An
insurer
acting
in
compliance
with
this
chapter
shall
14
not
be
liable
to
any
person
for
the
disclosure
of
information
15
supplied
to
the
department
or
designated
agent.
The
designated
16
agent
shall
indemnify
an
insurer
against
any
loss
arising
from
17
the
disclosure
of
information
supplied
to
the
department
or
18
designated
agent,
provided
the
insurer
supplied
the
information
19
to
the
department
or
designated
agent
in
a
manner
that
complies
20
with
this
chapter
and
rules
adopted
pursuant
to
this
chapter.
21
Records
provided
by
an
insurer
under
this
chapter
shall
be
22
deemed
evidence
of
insurance
and
not
a
guarantee
of
insurance.
23
Sec.
12.
EFFECTIVE
DATE.
This
Act
takes
effect
July
1,
24
2019.
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