Senate
Study
Bill
3157
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
TRANSPORTATION
BILL
BY
CHAIRPERSON
BOWMAN)
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
6027SC
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S.F.
_____
Section
1.
Section
321.11,
subsection
3,
Code
2016,
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.
“Database”
means
the
motor
vehicle
insurance
verification
28
database
created
under
this
chapter.
29
2.
“Department”
means
the
state
department
of
30
transportation.
31
3.
“Designated
agent”
means
the
third
party
with
which
the
32
department
contracts
under
section
321B.3.
33
4.
“Financial
institution”
means
as
defined
in
18
U.S.C.
34
§20.
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_____
5.
“Motor
vehicle”
means
as
defined
in
section
321.1.
1
6.
“Program”
means
the
motor
vehicle
insurance
verification
2
program
created
under
this
chapter.
3
Sec.
4.
NEW
SECTION
.
321B.3
Motor
vehicle
insurance
4
verification
program.
5
1.
A
motor
vehicle
insurance
verification
program
is
6
created
within
the
department
to
be
administered
by
the
7
department.
The
purposes
of
the
program
include
all
of
the
8
following:
9
a.
To
establish
a
motor
vehicle
insurance
verification
10
database
to
verify
compliance
with
the
requirements
of
section
11
321.20B.
12
b.
To
assist
in
reducing
the
number
of
uninsured
motor
13
vehicles
on
the
highways
of
the
state.
14
c.
To
assist
in
increasing
compliance
with
motor
vehicle
15
registration
requirements
and
for
other
law
enforcement
16
purposes.
17
d.
To
assist
in
protecting
the
bona
fide
security
interests
18
of
financial
institutions
in
motor
vehicles.
19
2.
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
5.
27
c.
Information
obtained
by
the
designated
agent
for
the
28
purposes
of
this
chapter
using
a
real-time
internet
services
29
system.
30
d.
Any
other
information
provided
by
the
department
pursuant
31
to
this
chapter.
32
3.
The
database
shall
be
developed
and
maintained
in
33
accordance
with
guidelines
established
by
the
department
by
34
rule
pursuant
to
chapter
17A
to
allow
authorized
state
and
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_____
local
law
enforcement
agencies
and
financial
institutions
to
1
efficiently
access
the
records
of
the
database,
including
2
reports
useful
for
the
implementation
of
this
chapter.
The
3
department
shall
consult
with
the
chief
information
officer
4
appointed
under
section
8B.2
for
the
purpose
of
developing
5
network
security
requirements
for
the
database.
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
4.
At
least
twice
monthly,
the
designated
agent
shall
do
the
15
following,
using
information
provided
by
the
department:
16
a.
Update
the
database
with
motor
vehicle
insurance
17
information
provided
by
insurers
in
accordance
with
section
18
321B.5.
19
b.
Compare
all
current
motor
vehicle
registrations
against
20
the
database.
21
5.
On
or
before
the
seventh
day
of
each
calendar
month,
the
22
department
shall
provide
the
designated
agent
with
the
make,
23
model,
year,
and
vehicle
identification
number
of
each
vehicle
24
in
the
department’s
motor
vehicle
database,
and
the
name
and
25
address
of
each
person
listed
on
each
vehicle’s
registration.
26
6.
The
department
shall
adopt
rules
in
accordance
with
27
chapter
17A
establishing
procedures
for
using
the
department’s
28
motor
vehicle
database
for
the
purposes
of
administering
and
29
enforcing
this
chapter.
30
7.
a.
The
designated
agent
shall
archive
database
files
at
31
least
semiannually
for
auditing
purposes.
32
b.
The
department
shall
audit
the
program
at
least
annually.
33
The
audit
shall
include
verification
of:
34
(1)
Billings
made
by
the
designated
agent.
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_____
(2)
The
accuracy
of
the
designated
agent’s
matching
of
1
vehicle
registration
records
with
insurance
data.
2
Sec.
5.
NEW
SECTION
.
321B.4
Enforcement
of
financial
3
responsibility
requirements
——
penalty.
4
1.
If
records
in
the
database
indicate
that
a
registered
5
motor
vehicle
is
not
covered
under
an
owner’s
policy
of
6
liability
insurance
for
three
consecutive
months,
and
if
at
7
the
direction
of
the
department
the
designated
agent
using
a
8
real-time
internet
services
system
determines
the
registered
9
motor
vehicle
is
not
covered
by
the
owner’s
policy
of
liability
10
insurance,
the
designated
agent
shall
provide
notice
by
11
first-class
mail
to
the
owner
of
the
motor
vehicle
that
the
12
owner
has
fifteen
days
from
the
date
the
notice
was
mailed
to
13
provide
one
of
the
following:
14
a.
Proof
of
financial
liability
coverage
as
defined
in
15
section
321.1,
subsection
24B.
16
b.
Proof
that
the
owner
is
exempt
from
the
requirement
to
17
maintain
proof
of
financial
liability
coverage
under
section
18
321.20B.
19
2.
If,
after
fifteen
days,
the
owner
of
the
motor
vehicle
20
fails
to
provide
satisfactory
proof
of
financial
liability
21
coverage,
the
designated
agent
shall
provide
a
second
notice
22
by
first-class
mail
to
the
owner
of
the
motor
vehicle
allowing
23
the
owner
an
additional
fifteen
days
from
the
date
the
second
24
notice
was
mailed
to
provide
the
information
requested
under
25
subsection
1.
26
3.
a.
The
designated
agent
shall
update
the
database
27
regarding
each
notice
sent
to
a
motor
vehicle
owner
under
28
subsections
1
and
2,
indicating
the
information
provided
by
the
29
motor
vehicle
owner
or
the
owner’s
failure
to
provide
proof
of
30
financial
liability
coverage,
as
applicable.
31
b.
If
the
owner
of
a
motor
vehicle
provides
proof
to
the
32
department
or
the
designated
agent
that
the
owner’s
motor
33
vehicle
is
covered
by
an
acceptable
form
of
financial
liability
34
coverage
described
in
section
321.1,
subsection
24B,
paragraph
35
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_____
“b”
,
“c”
,
or
“d”
,
the
information
shall
be
recorded
in
the
1
database.
2
c.
If
the
designated
agent
determines
the
motor
vehicle
3
is
insured
using
a
real-time
internet
services
system,
that
4
information
shall
be
added
to
the
database.
5
4.
a.
If
the
owner
of
a
motor
vehicle
fails
to
provide
6
proof
of
financial
liability
coverage
following
receipt
of
the
7
second
notice
under
subsection
2,
the
designated
agent
shall
8
notify
the
department,
and
the
department
shall
revoke
the
9
registration
of
the
motor
vehicle.
10
b.
The
department
shall
provide
to
the
owner
of
the
motor
11
vehicle
appropriate
notice
of
the
revocation,
order
the
owner
12
to
surrender
the
registration
plates
and
registration
receipt
13
for
the
vehicle
to
the
county
treasurer,
advise
the
owner
of
14
the
legal
consequences
of
operating
a
vehicle
with
revoked
15
registration
and
without
financial
liability
coverage,
and
16
instruct
the
owner
on
how
to
reinstate
the
vehicle
registration
17
once
the
owner
has
obtained
financial
liability
coverage
for
18
the
vehicle.
19
5.
a.
A
person
shall
not
provide
a
false
or
fraudulent
20
statement
to
the
department
or
the
department’s
designated
21
agent
in
regard
to
proceedings
under
this
chapter.
22
b.
In
addition
to
any
other
penalties,
a
person
who
violates
23
paragraph
“a”
is
guilty
of
a
simple
misdemeanor.
24
6.
A
revocation
of
registration
under
this
chapter
is
in
25
addition
to
any
other
penalty
imposed
by
law.
This
chapter
26
does
not
affect
other
actions
or
penalties
that
may
be
taken
or
27
imposed
for
a
violation
of
section
321.20B
or
other
law.
28
7.
a.
A
registration
that
has
been
revoked
under
this
29
section
shall
not
be
reinstated
and
a
new
registration
shall
30
not
be
issued
to
the
holder
of
the
revoked
registration
until
31
the
person
does
all
of
the
following:
32
(1)
Pays
to
the
department
an
administrative
reinstatement
33
fee
of
one
hundred
dollars,
in
addition
to
any
other
penalty
34
imposed
by
law.
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_____
(2)
Complies
with
the
requirements
of
section
321.20B
and
1
this
chapter.
2
b.
Reinstatement
fees
collected
under
this
subsection
shall
3
be
retained
by
the
department
as
repayment
receipts
as
defined
4
in
section
8.2
and
shall
be
used
exclusively
to
offset
the
5
costs
of
administering
the
program,
including
payments
made
by
6
the
department
to
the
department’s
designated
agent.
7
Sec.
6.
NEW
SECTION
.
321B.5
Motor
vehicle
insurance
8
reporting
——
penalty.
9
1.
a.
Except
as
provided
in
paragraph
“b”
,
each
insurer
10
that
issues
a
policy
to
a
motor
vehicle
owner
in
this
state
11
that
includes
motor
vehicle
liability
coverage,
uninsured
12
motorist
coverage,
underinsured
motorist
coverage,
or
13
personal
injury
coverage
shall,
on
or
before
the
seventh
14
and
twenty-first
days
of
each
calendar
month,
submit
to
the
15
department’s
designated
agent
a
record
of
each
motor
vehicle
16
insurance
policy
that
was
issued
by
the
insurer
and
in
effect
17
for
a
vehicle
registered
or
garaged
in
this
state
as
of
the
18
date
of
the
previous
submission.
19
b.
An
insurer
is
not
required
to
provide
a
record
of
a
motor
20
vehicle
insurance
policy
under
paragraph
“a”
if
the
policy
21
covers
a
vehicle
that
is
registered
under
chapter
326.
22
c.
This
subsection
does
not
preclude
more
frequent
23
reporting.
24
2.
A
record
provided
by
an
insurer
under
subsection
1,
25
paragraph
“a”
,
shall
include
all
of
the
following:
26
a.
The
name,
date
of
birth,
and
driver’s
license
number,
if
27
the
insured
provides
a
driver’s
license
number
to
the
insurer,
28
of
each
insured
owner
or
operator,
and
the
address
of
the
named
29
insured.
30
b.
The
make,
year,
and
vehicle
identification
number
of
each
31
insured
vehicle.
32
c.
The
policy
number
and
effective
date
of
each
policy.
33
3.
An
insurer
shall
provide
the
information
required
under
34
this
section
via
electronic
means
or
via
another
means
the
35
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_____
designated
agent
agrees
to
accept.
1
4.
a.
The
department
may
assess
a
civil
penalty
of
not
more
2
than
two
hundred
fifty
dollars
for
each
day
an
insurer
fails
to
3
comply
with
this
section.
4
b.
If
an
insurer
shows
that
the
failure
to
comply
with
this
5
section
was
inadvertent,
accidental,
or
the
result
of
excusable
6
neglect,
the
department
may
waive
the
civil
penalty.
7
c.
An
insurer
that
discloses
records
to
the
department’s
8
designated
agent
in
a
reasonable,
good-faith
effort
to
comply
9
with
the
requirements
of
this
section
shall
not
be
subject
to
a
10
civil
penalty
under
paragraph
“a”
.
11
Sec.
7.
NEW
SECTION
.
321B.6
Disclosure
of
database
12
information
——
penalty.
13
1.
Information
provided
to
the
designated
agent
and
14
information
contained
in
the
database
under
this
chapter
are
15
confidential
and
subject
to
the
provisions
and
penalties
16
provided
under
18
U.S.C.
ch.
123.
Such
information
shall
not
17
be
disclosed,
except
as
follows:
18
a.
For
the
purpose
of
investigating,
litigating,
or
19
enforcing
the
financial
liability
coverage
requirements
20
of
section
321.20B,
the
designated
agent
shall
provide
an
21
electronic
record
to
a
state
or
local
government
agency
or
22
court
verifying
motor
vehicle
financial
liability
coverage
23
information.
24
b.
For
the
purpose
of
investigating,
litigating,
or
25
enforcing
the
financial
liability
coverage
requirements
of
26
section
321.20B,
the
designated
agent
shall,
upon
request,
27
issue
to
any
state
or
local
government
agency
or
court
a
28
certificate
documenting
motor
vehicle
financial
liability
29
coverage,
according
to
the
database,
of
a
specific
individual
30
or
motor
vehicle
for
the
time
period
designated
by
the
31
government
agency
or
court.
32
c.
Upon
request,
the
department
or
its
designated
agent
33
shall
disclose
whether
an
individual
is
covered
under
a
motor
34
vehicle
insurance
policy
and
the
insurance
company
name
to:
35
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_____
(1)
The
individual
or,
if
the
individual
is
deceased,
1
any
person
who
is
an
interested
party
in
the
estate
of
the
2
individual
as
provided
under
chapter
633.
3
(2)
The
parent
or
legal
guardian
of
the
individual
if
the
4
individual
is
an
unemancipated
minor.
5
(3)
The
legal
guardian
of
the
individual
if
the
individual
6
is
legally
incapacitated.
7
(4)
A
person
who
has
power
of
attorney
for
the
individual.
8
(5)
A
person
who
submits
a
notarized
release
from
the
9
individual
dated
no
more
than
ninety
days
before
the
date
the
10
request
is
made.
11
(6)
A
person
suffering
loss
or
injury
in
a
motor
vehicle
12
accident
in
which
the
individual
was
involved,
but
only
as
part
13
of
an
accident
report
as
authorized
in
section
321.271
relating
14
to
access
to
accident
reports.
15
d.
For
the
purpose
of
investigating,
enforcing,
or
16
prosecuting
laws
or
issuing
citations,
information
related
to
a
17
motor
vehicle
owner
or
operator’s
financial
liability
coverage
18
under
section
321.20B
may
be
provided
to
state
or
local
law
19
enforcement
agencies.
20
e.
Upon
request
of
a
peace
officer
acting
in
an
official
21
capacity
under
the
provisions
of
paragraph
“d”
,
the
department
22
or
the
designated
agent
shall,
upon
request,
disclose
relevant
23
information
contained
in
the
database.
24
f.
For
the
purpose
of
the
state
auditor
conducting
audits
25
of
the
program.
26
g.
Upon
request
of
a
financial
institution
for
the
purpose
27
of
protecting
the
financial
institution’s
bona
fide
security
28
interest
in
a
motor
vehicle.
29
2.
a.
The
department
may
allow
the
designated
agent
to
30
prepare
and
deliver,
upon
request,
a
report
on
the
insurance
31
information
of
a
person
or
motor
vehicle
in
accordance
with
32
this
section.
The
report
may
be
in
the
form
of:
33
(1)
A
certified
copy
that
is
considered
admissible
in
any
34
court
proceeding
in
the
same
manner
as
the
original.
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(2)
Information
accessible
through
the
internet
or
through
1
another
electronic
medium
if
the
department
determines
that
2
sufficient
security
is
provided
to
ensure
compliance
with
this
3
section.
4
b.
The
department
may
allow
the
designated
agent
to
charge
a
5
fee
established
by
the
department
for
each
of
the
following:
6
(1)
Authenticating
a
document,
including
preparation
and
7
delivery
of
a
certified
copy.
8
(2)
Accessing
a
record
through
the
internet
or
through
9
another
electronic
medium.
10
(3)
Providing
a
record
to
a
financial
institution
under
11
subsection
1,
paragraph
“g”
.
12
3.
The
designated
agent
or
any
other
person
who
knowingly
13
releases
or
discloses
information
from
the
database
for
a
14
purpose
other
than
those
authorized
in
this
section
or
to
a
15
person
who
is
not
entitled
to
such
information
is
guilty
of
a
16
class
“D”
felony.
17
4.
Neither
the
state
nor
the
department’s
designated
agent
18
is
liable
to
any
person
for
gathering,
managing,
or
using
the
19
information
in
the
database
in
compliance
with
this
chapter.
20
5.
An
insurer
acting
in
compliance
with
the
provisions
21
of
this
chapter
shall
not
be
liable
to
any
person
for
the
22
disclosure
of
information
supplied
to
the
department
or
the
23
department’s
designated
agent
pursuant
to
this
chapter.
24
Sec.
8.
EFFECTIVE
DATE.
This
Act
takes
effect
July
1,
2017.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
This
bill
establishes
a
motor
vehicle
insurance
verification
29
program
within
the
department
of
transportation
(DOT).
The
30
DOT
is
required
to
contract
with
a
third
party
for
four
years
31
to
act
as
the
DOT’s
designated
agent
for
administration
of
the
32
program.
33
The
designated
agent
is
required
to
establish
and
maintain
34
a
database
containing
information
from
insurers,
the
DOT,
35
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and
an
internet
services
system
relating
to
motor
vehicle
1
insurance
coverage
for
registered
motor
vehicles,
motor
2
vehicle
identification
information,
personal
identification
3
information
for
registered
owners
of
motor
vehicles,
and
any
4
other
information
provided
to
the
designated
agent
by
the
DOT.
5
At
least
twice
a
month,
the
designated
agent
shall
update
6
the
database
and
compare
current
motor
vehicle
registrations
7
with
updated
insurance
information.
The
files
in
the
database
8
shall
be
archived
semiannually
and
audited
by
the
DOT
at
9
least
annually.
The
bill
requires
the
DOT
to
adopt
rules
for
10
administration
of
the
database.
11
If
database
records
show
that
a
registered
motor
vehicle
12
is
not
covered
under
an
owner’s
policy
of
liability
insurance
13
for
three
months,
the
designated
agent
shall
send
a
notice
14
to
the
owner
requiring
the
owner
to
respond
within
15
days
15
by
providing
proof
of
financial
liability
coverage
or
proof
16
that
the
owner
is
exempt
from
the
requirement
to
maintain
17
financial
liability
coverage.
If
the
owner
fails
to
respond,
18
a
second
notice
will
be
sent.
If
the
owner
does
not
respond
19
to
the
second
notice,
the
owner’s
motor
vehicle
registration
20
will
be
revoked
by
the
DOT
and
the
owner
will
be
required
to
21
surrender
the
registration
plates
and
registration
receipt
for
22
the
vehicle
to
the
county
treasurer.
In
order
to
obtain
a
23
new
registration
for
the
vehicle,
the
owner
must
comply
with
24
financial
responsibility
requirements
and
pay
an
administrative
25
fee
of
$100.
The
fees
are
to
be
used
by
the
DOT
exclusively
to
26
offset
the
costs
of
administering
the
program.
27
The
bill
provides
that
if
a
motor
vehicle
is
covered
by
a
28
form
of
financial
liability
coverage
other
than
an
insurance
29
policy,
that
fact
shall
be
noted
in
the
database.
30
The
bill
prohibits
a
person
from
providing
false
or
31
fraudulent
information
to
the
DOT
or
the
DOT’s
designated
32
agent
in
relation
to
the
motor
vehicle
insurance
verification
33
program.
A
violation
is
a
simple
misdemeanor.
34
The
bill
requires
each
insurer
that
issues
a
policy
that
35
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includes
motor
vehicle
liability
coverage,
uninsured
motorist
1
coverage,
underinsured
motorist
coverage,
or
personal
injury
2
coverage
to
the
owner
of
a
motor
vehicle
to
provide,
before
the
3
7th
and
the
21st
of
each
month,
to
the
DOT’s
designated
agent
4
a
record
of
each
motor
vehicle
insurance
policy
issued
by
the
5
insurer
and
in
effect
for
vehicles
registered
or
garaged
in
6
this
state
as
of
the
date
of
the
previous
submission.
Vehicles
7
subject
to
apportioned
registration
are
not
included
in
this
8
requirement.
Insurers
that
fail
to
comply
with
the
reporting
9
requirement
may
be
assessed
a
civil
penalty
of
$250
per
day.
10
However,
the
DOT
may
waive
the
penalty
upon
a
showing
that
the
11
failure
was
inadvertent,
accidental,
or
the
result
of
excusable
12
neglect.
An
insurer
that
discloses
records
to
the
DOT’s
13
designated
agent
in
a
reasonable,
good-faith
effort
to
comply
14
with
the
bill
is
not
subject
to
the
penalty.
15
Information
contained
in
the
database
is
confidential,
16
but
the
bill
provides
exceptions
for
disclosures
to
state
or
17
local
government
agencies
and
courts
for
specified
purposes,
18
to
individuals
and
certain
other
authorized
persons,
for
19
purposes
of
an
accident
investigation,
to
law
enforcement
20
agencies
and
peace
officers
for
certain
official
purposes,
21
to
the
state
auditor,
and
to
financial
institutions
with
a
22
security
interest
in
a
motor
vehicle.
The
designated
agent
23
may
be
authorized
to
provide
certified
copies
or
electronic
24
records,
as
appropriate,
and
to
charge
a
fee
for
the
provision
25
of
records
and
authentication
of
documents.
26
A
person
who
knowingly
releases
or
discloses
information
27
from
the
database
for
a
purpose
other
than
those
authorized
in
28
the
bill
or
to
a
person
who
is
not
entitled
to
such
information
29
is
guilty
of
a
class
“D”
felony.
30
The
bill
provides
that
the
state
and
the
DOT’s
designated
31
agent
are
not
liable
to
any
person
for
gathering,
managing,
32
or
using,
and
insurers
are
not
liable
for
disclosing,
the
33
information
in
the
database
in
compliance
with
the
bill.
34
The
bill
provides
for
an
effective
date
of
July
1,
2017.
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