Chapter 316
2013 -- H 5438 SUBSTITUTE A
Enacted 07/15/13
A N A C T
RELATING TO
MOTOR AND OTHER VEHICLES -- SAFETY RESPONSIBILITY
Introduced By: Representatives Kennedy, San Bento, and Corvese
Date Introduced: February 13, 2013
It is enacted by the
General Assembly as follows:
SECTION 1. Title 31 of the General Laws entitled "MOTOR
AND OTHER
VEHICLES" is hereby
amended by adding thereto the following chapter:
CHAPTER
47.4
UNINSURED
MOTORIST IDENTIFICATION DATABASE PROCEDURE
31-47.4-1.
Definitions. -- As used in this chapter:
(1)
"Account" means the Uninsured Motorist Identification Restricted
Account created in
section 31-47.4-2.
(2)
"Database" means the Uninsured Motorist Identification Database
created in section
31-47.4-2.
(3) "Designated
agent" means the third party the division of motor vehicles contracts with
under section 31-47.4-2.
(4)
"Division" means the division of motor vehicles.
(5)
"Program" means the Uninsured Motorist Identification Database
Program created in
section 31-47.4-2.
31-47.4-2. Program
creation -- Administration -- Selection of designated agent --
Duties -- Rulemaking --
Audits. -- (a) There is hereby
created the Uninsured Motorist
Identification Database Program to:
(1) Establish an
Uninsured Motorist Identification Database to verify compliance with
motor vehicle owner's or operator's security requirements
under chapter 31-47 and other
provisions under this chapter, and;
(2) Assist in
reducing the number of uninsured motor vehicles on the highways of the
state;
(b) The program shall
be administered by the division of motor vehicles with the
assistance of the designated agent.
(c) The program will
be funded by a percentage of the reinstatement fees collected
pursuant to this chapter. The percentage of the reinstatement
fee that will be provided to the
designated agent will be determined by the division of motor
vehicles. These fees will be
maintained in the uninsured motorist identification restricted
account.
(d)(1) The division
of motor vehicles shall contract with a third party to establish and
maintain an Uninsured Motorist Identification Database for the
purposes established under this
chapter.
(2) The contract may
not obligate the department to pay the third party more money than
is available in the account.
(e)(1) The third
party under contract under this section is the department's
designated
agent, and shall develop and maintain a computer database
from the information provided by:
(i)
Automobile liability insurers under section 31-47.4-3; and
(ii) The division of
motor vehicles.
(2) The database
shall be developed and maintained by the designated agent in
accordance with guidelines established by the division of motor
vehicles so that state and local
law enforcement agencies can efficiently access the
records of the database, including reports
useful for the implementation of the provisions of this
chapter.
(i)
The reports provided by the designated agent shall be in a form and contain
information approved by the division of motor vehicles.
(ii) The reports may be
made available through the Internet or through other electronic
medium, if the division of motor vehicles determines that
sufficient security is provided to ensure
compliance regarding limitations on disclosure of information in
the database.
(f) With information
provided by the division of motor vehicles, the designated agent
shall, at least monthly, for submissions under subsection
31-47.4-3:
(1) Update the
database with the motor vehicle insurance information provided by the
insurers in accordance with section 31-47.4-3; and
(2) Compare all
current motor vehicle registrations against the database.
(g) The division
shall provide the designated agent with the name, date of birth, address,
and driver license number, if available, of all persons
having active registrations. The division
shall also provide the make, year and vehicle
identification number for all active registrations.
(h) In accordance
with chapter 42-35, "The Administrative Procedures Act," the division
of motor vehicles shall make rules and develop
procedures to use the database for the purpose of
administering and enforcing this chapter.
(i)
The designated agent shall archive computer data files at least semi-annually
for
auditing purposes.
(2) The internal
audit unit of the department of administration shall audit the program at
least every three (3) years.
(3) The audit under
subdivision (h)(2) shall include verification of:
(i)
(ii) The accuracy of
the designated agent's matching of vehicle registration with insurance
data.
31-47.4-3. Motor
vehicle insurance reporting -- Penalty. -- (a) Each
insurer that issues
a policy that includes motor vehicle liability
coverage, uninsured motorist coverage, underinsured
motorist coverage, or personal injury coverage under this
section shall, before the seventh (7th)
day of each calendar month, provide to the division of
motor vehicles designated agent selected in
accordance with the uninsured motorist identification database
program, a record of each motor
vehicle insurance policy in effect for vehicles registered or
garaged in
of the previous submission that was issued by the
insurer.
(b) This subsection
does not preclude more frequent reporting by an insurer on a
voluntary basis.
(c)(1) A record
provided by an insurer under subsection (a) shall include:
(i)
The make, year, and vehicle identification number of each insured vehicle; and
(ii) The policy
number, effective date, and expiration date of each policy.
(iii) The name, date
of birth, and if available, driver's license number of each insured
owner or operator, and the address of the named insured;
and
(d) Each insurer
shall provide this information by an electronic means or by another form
the division of motor vehicles designated agent agrees to
accept.
(e)(1) The division
of motor vehicles may, following procedures adopted pursuant to
chapter 42-35, "The Administrative Procedures Act,"
assess a fine against an insurer of up to two
hundred fifty dollars ($250) for each day the insurer fails
to comply with this section.
(2) The division of
motor vehicles shall excuse the fine if an insurer shows that the failure
to comply with this section was:
(i)
Inadvertent;
(ii) Accidental; or
(iii) The result of
excusable neglect.
31-47.4-4. Notice
-- Proof -- Revocation of registration -- False statement --
Penalties. -- (a)
If the comparison under section 31-47.4-2 shows that a
motor vehicle is not
insured for three (3) consecutive months, the division of
motor vehicles shall direct that the
designated agent provide notice to the owner of the motor
vehicle that the owner has fifteen (15)
days to provide to the designated agent:
(1) Proof of owner's
or operator's security; or
(2) Proof of
exemption from the owner's or operator's security requirements.
(b) If an owner of a
motor vehicle fails to provide satisfactory proof of owner's or
operator's security to the designated agent, the designated
agent shall:
(1) Provide a second
(2nd) notice to the owner of the motor vehicle that the owner now
has fifteen (15) days to provide:
(i)
Proof of owner's or operator's security; or
(ii) Proof of
exemption from the owner's or operator's security requirements;
(c) For each notice
provided, the designated agent shall:
(i)
Indicate information relating to the owner's failure to provide proof of
owner's or
operator's security in the database;
(ii) Provide this
information to the division of motor vehicles; and
(d) If the designated
agent notifies the department of motor vehicles that an owner of a
motor vehicle failed to provide satisfactory proof of
owner's or operator's security to the
designated agent, the division of motor vehicles:
(1) Shall revoke the
registration;
(2) Shall provide
appropriate notices of the revocation, the legal consequences of
operating a vehicle with revoked registration and without
owner's or operator's security and
instructions on how to get the registration reinstated.
(e) A registration
that has been revoked under this section shall not be reinstated and a
new license or registration shall not be issued to the
holder of the revoked registration until the
person:
(1) Pays to the
division of motor vehicles an administrative reinstatement fee of two
hundred fifty dollars ($250), the fee imposed by the section
is in addition to any other fines or
penalties imposed by law;
(2) Complies with the
other requirements of this act. The fee imposed by this section is in
addition to any other fees or penalties imposed by law.
(f) The department of
motor vehicles may direct the designated agent to provide the
notices under subsection (d)(2).
(g) Any action by the
division of motor vehicles to revoke the registration of a motor
vehicle under this section may be in addition to an action by
a law enforcement agency to impose
the penalties.
(h)(1) A person may
not provide a false or fraudulent statement to the division of motor
vehicles or designated agent.
(2) In addition to any
other penalties, a person who violates paragraph (h)(1)
is guilty of a
misdemeanor.
(i)
This section does not affect other actions or penalties that may be taken or
imposed for
violation of the owner's and operator's security requirements
of this title.
31-47.4-5.
Disclosure of insurance information -- Penalty. --
(a) Information in the
database established under section 31-47.4-2 provided by a
person to the designated agent is
considered to be the property of the person providing the information.
(b) The information
may not be disclosed from the database, except as follows:
(1) For the purpose
of investigating, litigating, or enforcing the owner's or operator's
security requirement, the designated agent shall verify
insurance information through the state
computer network for a state or local government agency or
court;
(2) For the purpose
of investigating, litigating, or enforcing the owner's or operator's
security requirement, the designated agent shall, upon request,
issue to any state or local
government agency or court a certificate documenting the
insurance information, according to the
database, of a specific individual or motor vehicle for the
time period designated by the
government agency;
(3) Upon request, the
division of motor vehicles or its designated agent shall disclose
whether or not a person is an insured individual and the
insurance company name to:
(i)
That individual or, if that individual is deceased, any interested person of
that
individual;
(ii) The parent or
legal guardian of that individual if the individual is an unemancipated
minor;
(iii) The legal
guardian of that individual if the individual is legally incapacitated;
(iv)
A person who has power of attorney from the insured individual;
(v) A person who
submits a notarized release from the insured individual dated no more
than ninety (90) days before the date the request is made;
or
(vi)
A person suffering loss or injury in a motor vehicle accident in
which the insured
individual is involved, but only as part of an accident report;
(4) For the purpose
of investigating, enforcing, or prosecuting laws or issuing citations by
state or local law enforcement agencies related to the:
(i)
Registration and renewal of registration of a motor vehicle;
(ii) Purchase of a
motor vehicle; and
(iii) Owner's or
operator's security requirements.
(5) Upon request of a
peace officer acting in an official capacity under the provisions of
this chapter, the division of motor vehicles or the
designated agent shall, upon request, disclose
relevant information for investigation, enforcement, or
prosecution;
(6) For the purpose of
the state auditor, the legislative auditor general, or other auditor of
the state conducting audits of the program;
(7) Upon the request
of a state or local law enforcement agency for the purpose of
investigating and prosecuting identity theft and other crimes.
(c)(1) The division
of motor vehicles may allow the designated agent to prepare and
deliver upon request, a report on the insurance information
of a person or motor vehicle in
accordance with this section.
(2) The report may be
in the form of:
(i)
A certified copy that is considered admissible in any court proceeding in the
same
manner as the original; or
(ii) Information
accessible through the Internet or through other electronic medium if the
department determines that sufficient security is provided to
ensure compliance with this section.
(3) The department
may allow the designated agent to charge a fee established by the
division of motor vehicles for each:
(i)
Document authenticated, including each certified copy; and
(ii) Record accessed
by the Internet or by other electronic medium.
(d) A person who
knowingly releases or discloses information from the database for a
purpose other than those authorized in this section or to a
person who is not entitled to it is guilty
of a felony.
(e) An insurer is not
liable to any person for complying with section 31-47.4-3 by
providing information to the designated agent.
(f) Neither the state
nor the division of motor vehicles’ designated agent is liable to any
person for gathering, managing, or using the information in
the database as provided in section
31-47.4-2 and this chapter.
31-47.4-6.
Compliance. -- Every property and casualty insurance
company that is
licensed to issue motor vehicle insurance policies or is
authorized to do business in
shall comply with this chapter for verification of evidence
of vehicle insurance for every vehicle
insured by that company in
department.
31-47.4-7.
Civil and administrative immunity. -- Insurers
and the designated agent
shall be immune from civil and administrative liability for
good faith efforts to comply with the
terms of this chapter.
31-47.4-8.
Commercial exemption. -- For the purposes of
this chapter, commercial auto
coverage is defined as any coverage provided to an insured,
regardless of number of vehicles or
entities covered, under a commercial coverage form and rated
from a commercial manual
approved by the commissioner of insurance. This chapter shall
not apply to vehicles insured
under commercial auto coverage; however, insurers of such
vehicles may participate on a
voluntary basis.
31-47.4-9.
Rental vehicle exemption. -- This chapter shall
not apply to vehicles
registered and used as rental vehicles pursuant to section
31-5-33.
31-47.4-10.
Use of information. -- Information provided to
the designated agent by the
division or any insurance company shall not be further
disclosed or disseminated by the
designated agent without the express written consent of the
division and the insurance company.
The designated agent shall enter contractual relationships
with insurers to further protect the
confidentiality and security of information under this section.
SECTION 2. This act shall take effect on July 1, 2014.
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LC00397/SUB A/3
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