TITLE 31
Motor and Other vehicles

CHAPTER 31-47.4
Uninsured Motorist Identification Database Procedure

SECTION 31-47.4-5


§ 31-47.4-5 Disclosure of insurance information – Penalty.

(a) Information in the database established under § 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 § 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 § 31-47.4-2 and this chapter.

History of Section.
(P.L. 2013, ch. 316, § 1; P.L. 2013, ch. 372, § 1.)