House
File
606
-
Reprinted
HOUSE
FILE
606
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
HF
514)
(SUCCESSOR
TO
HSB
97)
(As
Amended
and
Passed
by
the
House
April
8,
2015
)
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
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Section
1.
Section
321.11,
subsection
3,
Code
2015,
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
department
of
transportation.
30
3.
“Designated
agent”
means
the
third
party
with
which
the
31
department
contracts
under
section
321B.3.
32
4.
“Financial
institution”
means
financial
institution
as
33
defined
in
18
U.S.C.
§20.
34
5.
“Motor
vehicle”
means
motor
vehicle
as
defined
in
section
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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.
Any
other
information
provided
by
the
department
pursuant
28
to
this
chapter.
29
3.
The
database
shall
be
developed
and
maintained
in
30
accordance
with
guidelines
established
by
the
department
by
31
rule
to
allow
authorized
state
and
local
law
enforcement
32
agencies
and
financial
institutions
to
efficiently
access
the
33
records
of
the
database,
including
reports
useful
for
the
34
implementation
of
this
chapter.
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a.
Database
reports
shall
be
in
a
form
and
contain
1
information
approved
by
the
department.
2
b.
Database
reports
may
be
made
available
through
the
3
department’s
internet
site
or
through
other
electronic
media
4
if
the
department
determines
that
sufficient
security
is
5
provided
to
ensure
compliance
with
the
provisions
of
this
6
chapter
regarding
limitations
on
disclosure
of
information
in
7
the
database.
8
4.
At
least
twice
monthly,
the
designated
agent
shall
do
the
9
following,
using
information
provided
by
the
department:
10
a.
Update
the
database
with
motor
vehicle
insurance
11
information
provided
by
insurers
in
accordance
with
section
12
321B.5.
13
b.
Compare
all
current
motor
vehicle
registrations
against
14
the
database.
15
5.
On
or
before
the
seventh
day
of
each
calendar
month,
the
16
department
shall
provide
the
designated
agent
with
the
make,
17
model,
year,
and
vehicle
identification
number
of
each
vehicle
18
in
the
department’s
motor
vehicle
database,
and
the
name
and
19
address
of
each
person
listed
on
each
vehicle’s
registration.
20
6.
The
department
shall
adopt
rules
in
accordance
with
21
chapter
17A
establishing
procedures
for
using
the
department’s
22
motor
vehicle
database
for
the
purposes
of
administering
and
23
enforcing
this
chapter.
24
7.
a.
The
designated
agent
shall
archive
database
files
at
25
least
semiannually
for
auditing
purposes.
26
b.
The
department
shall
audit
the
program
at
least
annually.
27
The
audit
shall
include
verification
of:
28
(1)
Billings
made
by
the
designated
agent.
29
(2)
The
accuracy
of
the
designated
agent’s
matching
of
30
vehicle
registration
records
with
insurance
data.
31
Sec.
5.
NEW
SECTION
.
321B.4
Enforcement
of
financial
32
responsibility
requirements
——
penalty.
33
1.
If
records
in
the
database
indicate
that
a
registered
34
motor
vehicle
is
not
covered
under
an
owner’s
policy
of
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liability
insurance
for
three
consecutive
months,
at
the
1
direction
of
the
department,
the
designated
agent
shall
provide
2
notice
by
first-class
mail
to
the
owner
of
the
motor
vehicle
3
that
the
owner
has
fifteen
days
from
the
date
the
notice
was
4
mailed
to
provide
one
of
the
following:
5
a.
Proof
of
financial
liability
coverage
as
defined
in
6
section
321.1,
subsection
24B.
7
b.
Proof
that
the
owner
is
exempt
from
the
requirement
to
8
maintain
proof
of
financial
liability
coverage
under
section
9
321.20B.
10
2.
If,
after
fifteen
days,
the
owner
of
the
motor
vehicle
11
fails
to
provide
satisfactory
proof
of
financial
liability
12
coverage,
the
designated
agent
shall
provide
a
second
notice
13
by
first-class
mail
to
the
owner
of
the
motor
vehicle
allowing
14
the
owner
an
additional
fifteen
days
from
the
date
the
second
15
notice
was
mailed
to
provide
the
information
requested
under
16
subsection
1.
17
3.
a.
The
designated
agent
shall
update
the
database
18
regarding
each
notice
sent
to
a
motor
vehicle
owner
under
19
subsections
1
and
2,
indicating
the
information
provided
by
the
20
motor
vehicle
owner
or
the
owner’s
failure
to
provide
proof
of
21
financial
liability
coverage,
as
applicable.
22
b.
If
the
owner
of
a
motor
vehicle
provides
proof
to
the
23
department
or
the
designated
agent
that
the
owner’s
motor
24
vehicle
is
covered
by
an
acceptable
form
of
financial
liability
25
coverage
described
in
section
321.1,
subsection
24B,
paragraph
26
“b”
,
“c”
,
or
“d”
,
the
information
shall
be
recorded
in
the
27
database.
28
4.
a.
If
the
owner
of
a
motor
vehicle
fails
to
provide
29
proof
of
financial
liability
coverage
following
receipt
of
the
30
second
notice
under
subsection
2,
the
designated
agent
shall
31
notify
the
department,
and
the
department
shall
revoke
the
32
registration
of
the
motor
vehicle.
33
b.
The
department
shall
provide
to
the
owner
of
the
motor
34
vehicle
appropriate
notice
of
the
revocation,
order
the
owner
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to
surrender
the
registration
plates
and
registration
receipt
1
for
the
vehicle
to
the
county
treasurer,
advise
the
owner
of
2
the
legal
consequences
of
operating
a
vehicle
with
revoked
3
registration
and
without
financial
liability
coverage,
and
4
instruct
the
owner
on
how
to
reinstate
the
vehicle
registration
5
once
the
owner
has
obtained
financial
liability
coverage
for
6
the
vehicle.
7
5.
a.
A
person
shall
not
provide
a
false
or
fraudulent
8
statement
to
the
department
or
the
department’s
designated
9
agent
in
regard
to
proceedings
under
this
chapter.
10
b.
In
addition
to
any
other
penalties,
a
person
who
violates
11
paragraph
“a”
is
guilty
of
a
simple
misdemeanor.
12
6.
A
revocation
of
registration
under
this
chapter
is
in
13
addition
to
any
other
penalty
imposed
by
law.
This
chapter
14
does
not
affect
other
actions
or
penalties
that
may
be
taken
or
15
imposed
for
a
violation
of
section
321.20B
or
other
law.
16
7.
a.
A
registration
that
has
been
revoked
under
this
17
section
shall
not
be
reinstated
and
a
new
registration
shall
18
not
be
issued
to
the
holder
of
the
revoked
registration
until
19
the
person
does
all
of
the
following:
20
(1)
Pays
to
the
department
an
administrative
reinstatement
21
fee
of
one
hundred
dollars,
in
addition
to
any
other
penalty
22
imposed
by
law.
23
(2)
Complies
with
the
requirements
of
section
321.20B
and
24
this
chapter.
25
b.
Reinstatement
fees
collected
under
this
subsection
shall
26
be
retained
by
the
department
as
repayment
receipts
as
defined
27
in
section
8.2
and
shall
be
used
exclusively
to
offset
the
28
costs
of
administering
the
program,
including
payments
made
by
29
the
department
to
the
department’s
designated
agent.
30
Sec.
6.
NEW
SECTION
.
321B.5
Motor
vehicle
insurance
31
reporting
——
penalty.
32
1.
a.
Except
as
provided
in
paragraph
“b”
,
each
insurer
33
that
issues
a
policy
to
a
motor
vehicle
owner
in
this
state
34
that
includes
motor
vehicle
liability
coverage,
uninsured
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motorist
coverage,
underinsured
motorist
coverage,
or
1
personal
injury
coverage
shall,
on
or
before
the
seventh
2
and
twenty-first
days
of
each
calendar
month,
submit
to
the
3
department’s
designated
agent
a
record
of
each
motor
vehicle
4
insurance
policy
that
was
issued
by
the
insurer
and
in
effect
5
for
a
vehicle
registered
or
garaged
in
this
state
as
of
the
6
date
of
the
previous
submission.
7
b.
An
insurer
is
not
required
to
provide
a
record
of
a
motor
8
vehicle
insurance
policy
under
paragraph
“a”
if
the
policy
9
covers
a
vehicle
that
is
registered
under
chapter
326.
10
c.
This
subsection
does
not
preclude
more
frequent
11
reporting.
12
2.
A
record
provided
by
an
insurer
under
subsection
1,
13
paragraph
“a”
,
shall
include
all
of
the
following:
14
a.
The
name,
date
of
birth,
and
driver’s
license
number,
if
15
the
insured
provides
a
driver’s
license
number
to
the
insurer,
16
of
each
insured
owner
or
operator,
and
the
address
of
the
named
17
insured.
18
b.
The
make,
year,
and
vehicle
identification
number
of
each
19
insured
vehicle.
20
c.
The
policy
number
and
effective
date
of
each
policy.
21
3.
An
insurer
shall
provide
the
information
required
under
22
this
section
via
electronic
means
or
via
another
means
the
23
designated
agent
agrees
to
accept.
24
4.
a.
The
department
may
assess
a
civil
penalty
of
not
more
25
than
two
hundred
fifty
dollars
for
each
day
an
insurer
fails
to
26
comply
with
this
section.
27
b.
If
an
insurer
shows
that
the
failure
to
comply
with
this
28
section
was
inadvertent,
accidental,
or
the
result
of
excusable
29
neglect,
the
department
may
waive
the
civil
penalty.
30
c.
An
insurer
that
discloses
records
to
the
department’s
31
designated
agent
in
a
reasonable,
good-faith
effort
to
comply
32
with
the
requirements
of
this
section
shall
not
be
subject
to
a
33
civil
penalty
under
paragraph
“a”
.
34
Sec.
7.
NEW
SECTION
.
321B.6
Disclosure
of
database
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information
——
penalty.
1
1.
Information
provided
to
the
designated
agent
and
2
information
contained
in
the
database
under
this
chapter
are
3
confidential.
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
and
the
insurance
company
name
to:
22
(1)
The
individual
or,
if
the
individual
is
deceased,
23
any
person
who
is
an
interested
party
in
the
estate
of
the
24
individual
as
provided
under
chapter
633.
25
(2)
The
parent
or
legal
guardian
of
the
individual
if
the
26
individual
is
an
unemancipated
minor.
27
(3)
The
legal
guardian
of
the
individual
if
the
individual
28
is
legally
incapacitated.
29
(4)
A
person
who
has
power
of
attorney
for
the
individual.
30
(5)
A
person
who
submits
a
notarized
release
from
the
31
individual
dated
no
more
than
ninety
days
before
the
date
the
32
request
is
made.
33
(6)
A
person
suffering
loss
or
injury
in
a
motor
vehicle
34
accident
in
which
the
individual
was
involved,
but
only
as
part
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of
an
accident
report
as
authorized
in
section
321.271
relating
1
to
access
to
accident
reports.
2
d.
For
the
purpose
of
investigating,
enforcing,
or
3
prosecuting
laws
or
issuing
citations,
information
related
to
a
4
motor
vehicle
owner
or
operator’s
financial
liability
coverage
5
under
section
321.20B
may
be
provided
to
state
or
local
law
6
enforcement
agencies.
7
e.
Upon
request
of
a
peace
officer
acting
in
an
official
8
capacity
under
the
provisions
of
paragraph
“d”
,
the
department
9
or
the
designated
agent
shall,
upon
request,
disclose
relevant
10
information
contained
in
the
database.
11
f.
For
the
purpose
of
the
state
auditor
conducting
audits
12
of
the
program.
13
g.
Upon
request
of
a
financial
institution
for
the
purpose
14
of
protecting
the
financial
institution’s
bona
fide
security
15
interest
in
a
motor
vehicle.
16
2.
a.
The
department
may
allow
the
designated
agent
to
17
prepare
and
deliver,
upon
request,
a
report
on
the
insurance
18
information
of
a
person
or
motor
vehicle
in
accordance
with
19
this
section.
The
report
may
be
in
the
form
of:
20
(1)
A
certified
copy
that
is
considered
admissible
in
any
21
court
proceeding
in
the
same
manner
as
the
original.
22
(2)
Information
accessible
through
the
internet
or
through
23
another
electronic
medium
if
the
department
determines
that
24
sufficient
security
is
provided
to
ensure
compliance
with
this
25
section.
26
b.
The
department
may
allow
the
designated
agent
to
charge
a
27
fee
established
by
the
department
for
each
of
the
following:
28
(1)
Authenticating
a
document,
including
preparation
and
29
delivery
of
a
certified
copy.
30
(2)
Accessing
a
record
through
the
internet
or
through
31
another
electronic
medium.
32
(3)
Providing
a
record
to
a
financial
institution
under
33
subsection
1,
paragraph
“g”
.
34
3.
Any
person
who
knowingly
releases
or
discloses
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information
from
the
database
for
a
purpose
other
than
those
1
authorized
in
this
section
or
to
a
person
who
is
not
entitled
2
to
such
information
is
guilty
of
a
class
“D”
felony.
3
4.
Neither
the
state
nor
the
department’s
designated
agent
4
is
liable
to
any
person
for
gathering,
managing,
or
using
the
5
information
in
the
database
in
compliance
with
this
chapter.
6
Sec.
8.
EFFECTIVE
DATE.
This
Act
takes
effect
July
1,
2016.
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