Database and fund created, purpose, administration--disclosure, when,violations, penalties--review and report to general assembly.
303.406. 1. The "Motorist Insurance Identification Database" is herebycreated for the purpose of establishing a database to use to verify compliancewith the motor vehicle financial responsibility requirements of this chapter.The program shall be administered by the department and shall receive fundingfrom the "Motorist Insurance Identification Database Fund", which is herebycreated in the state treasury. Effective July 1, 2002, the state treasurershall credit to and deposit in the motorist insurance identification databasefund six percent of the net general revenue portion received from collectionsof the insurance premiums tax levied and collected pursuant to sections148.310 to 148.461, RSMo.
2. To implement the program, the department may by July 1, 2002,contract with a designated agent which shall monitor compliance with the motorvehicle financial responsibility requirements of this chapter, except that theprogram shall not be implemented to notify owners of registered motor vehiclesuntil the department certifies that the accuracy rate of the program exceedsninety-five percent in correctly identifying owners of registered motorvehicles as having maintained or failed to maintain financial responsibility.After the department has entered into a contract with a designated agent, thedepartment shall convene a working group for the purpose of facilitating theimplementation of the program.
3. The designated agent, using its own computer network, shall, no laterthan December 31, 2002, develop, deliver and maintain a computer database withinformation provided by:
(1) Insurers, pursuant to sections 303.400 to 303.415; except that, anyperson who qualifies as self-insured pursuant to this chapter, or providesproof of insurance to the director pursuant to the provisions of section303.160, shall not be required to provide information to the designated agent,but the state shall supply these records to the designated agent for inclusionin the database; and
(2) The department, which shall provide the designated agent with thename, date of birth and address of all persons in its computer database, andthe make, year and vehicle identification number of all registered motorvehicles.
4. The department shall establish guidelines for the designated agent'sdevelopment of the computer database so the database can be easily accessed bystate and local law enforcement agencies within procedures alreadyestablished, and shall not require additional computer keystrokes or otheradditional procedures by dispatch or law enforcement personnel. Once thedatabase is operational, the designated agent shall, at least monthly, updatethe database with information provided by insurers and the department, andcompare then-current motor vehicle registrations against the database.
5. Information provided to the designated agent by insurers and thedepartment for inclusion in the database established pursuant to this sectionis the property of the insurer or the department, as the case may be, and isnot subject to disclosure pursuant to chapter 610, RSMo. Such information maynot be disclosed except as follows:
(1) The designated agent shall verify a person's insurance coverage uponrequest by any state or local government agency investigating, litigating orenforcing such person's compliance with the motor vehicle financialresponsibility requirements of this chapter;
(2) The department shall disclose whether an individual is maintainingthe required insurance coverage upon request of the following individuals andagencies only:
(a) The individual;
(b) The parent or legal guardian of an individual if the individual isan unemancipated minor;
(c) The legal guardian of the individual if the individual is legallyincapacitated;
(d) Any person who has power of attorney from the individual;
(e) Any person who submits a notarized release from the individual thatis dated no more than ninety days before the request is made;
(f) Any person claiming loss or injury in a motor vehicle accident inwhich the individual is involved;
(g) The office of the state auditor, for the purpose of conducting anyaudit authorized by law.
6. Any person or agency who knowingly discloses information from thedatabase for any purpose, or to a person, other than those authorized in thissection is guilty of a class A misdemeanor. The state shall not be liable toany person for gathering, managing or using information in the databasepursuant to this section. The designated agent shall not be liable to anyperson for performing its duties pursuant to this section unless and to theextent such agent commits a willful and wanton act or omission or isnegligent. The designated agent shall be liable to any insurer damaged by thedesignated agent's negligent failure to protect the confidentiality of theinformation and data disclosed by the insurer to the designated agent. Thedesignated agent shall provide to this state an errors and omissions insurancepolicy covering such agent in an appropriate amount. No insurer shall beliable to any person for performing its duties pursuant to this section unlessand to the extent the insurer commits a willful and wanton act of omission.
7. The department shall review the operation and performance of themotorist insurance identification database program to determine whether thenumber of uninsured motorists has** declined during the first three yearsfollowing implementation and shall submit a report of its findings to thegeneral assembly no later than January fifteenth of the year following thethird complete year of implementation. The department shall make copies ofits report available to each member of the general assembly.
8. This section shall not supersede other actions or penalties that maybe taken or imposed for violation of the motor vehicle financialresponsibility requirements of this chapter.
9. The working group as provided for in subsection 2 of this sectionshall consist of representatives from the insurance industry, department ofinsurance, financial institutions and professional registration, department ofpublic safety and the department of revenue. The director of revenue, afterconsultation with the working group, shall promulgate any rules andregulations necessary to administer and enforce this section. No rule orportion of a rule promulgated pursuant to the authority of this section shallbecome effective unless it has been promulgated pursuant to the provisions ofchapter 536, RSMo.
Database and fund created, purpose, administration--disclosure, when,violations, penalties--review and report to general assembly.
303.406. 1. The "Motorist Insurance Identification Database" is herebycreated for the purpose of establishing a database to use to verify compliancewith the motor vehicle financial responsibility requirements of this chapter.The program shall be administered by the department and shall receive fundingfrom the "Motorist Insurance Identification Database Fund", which is herebycreated in the state treasury. Effective July 1, 2002, the state treasurershall credit to and deposit in the motorist insurance identification databasefund six percent of the net general revenue portion received from collectionsof the insurance premiums tax levied and collected pursuant to sections148.310 to 148.461, RSMo.
2. To implement the program, the department may by July 1, 2002,contract with a designated agent which shall monitor compliance with the motorvehicle financial responsibility requirements of this chapter, except that theprogram shall not be implemented to notify owners of registered motor vehiclesuntil the department certifies that the accuracy rate of the program exceedsninety-five percent in correctly identifying owners of registered motorvehicles as having maintained or failed to maintain financial responsibility.After the department has entered into a contract with a designated agent, thedepartment shall convene a working group for the purpose of facilitating theimplementation of the program.
3. The designated agent, using its own computer network, shall, no laterthan December 31, 2002, develop, deliver and maintain a computer database withinformation provided by:
(1) Insurers, pursuant to sections 303.400 to 303.415; except that, anyperson who qualifies as self-insured pursuant to this chapter, or providesproof of insurance to the director pursuant to the provisions of section303.160, shall not be required to provide information to the designated agent,but the state shall supply these records to the designated agent for inclusionin the database; and
(2) The department, which shall provide the designated agent with thename, date of birth and address of all persons in its computer database, andthe make, year and vehicle identification number of all registered motorvehicles.
4. The department shall establish guidelines for the designated agent'sdevelopment of the computer database so the database can be easily accessed bystate and local law enforcement agencies within procedures alreadyestablished, and shall not require additional computer keystrokes or otheradditional procedures by dispatch or law enforcement personnel. Once thedatabase is operational, the designated agent shall, at least monthly, updatethe database with information provided by insurers and the department, andcompare then-current motor vehicle registrations against the database.
5. Information provided to the designated agent by insurers and thedepartment for inclusion in the database established pursuant to this sectionis the property of the insurer or the department, as the case may be, and isnot subject to disclosure pursuant to chapter 610, RSMo. Such information maynot be disclosed except as follows:
(1) The designated agent shall verify a person's insurance coverage uponrequest by any state or local government agency investigating, litigating orenforcing such person's compliance with the motor vehicle financialresponsibility requirements of this chapter;
(2) The department shall disclose whether an individual is maintainingthe required insurance coverage upon request of the following individuals andagencies only:
(a) The individual;
(b) The parent or legal guardian of an individual if the individual isan unemancipated minor;
(c) The legal guardian of the individual if the individual is legallyincapacitated;
(d) Any person who has power of attorney from the individual;
(e) Any person who submits a notarized release from the individual thatis dated no more than ninety days before the request is made;
(f) Any person claiming loss or injury in a motor vehicle accident inwhich the individual is involved;
(g) The office of the state auditor, for the purpose of conducting anyaudit authorized by law.
6. Any person or agency who knowingly discloses information from thedatabase for any purpose, or to a person, other than those authorized in thissection is guilty of a class A misdemeanor. The state shall not be liable toany person for gathering, managing or using information in the databasepursuant to this section. The designated agent shall not be liable to anyperson for performing its duties pursuant to this section unless and to theextent such agent commits a willful and wanton act or omission or isnegligent. The designated agent shall be liable to any insurer damaged by thedesignated agent's negligent failure to protect the confidentiality of theinformation and data disclosed by the insurer to the designated agent. Thedesignated agent shall provide to this state an errors and omissions insurancepolicy covering such agent in an appropriate amount. No insurer shall beliable to any person for performing its duties pursuant to this section unlessand to the extent the insurer commits a willful and wanton act of omission.
7. The department shall review the operation and performance of themotorist insurance identification database program to determine whether thenumber of uninsured motorists has** declined during the first three yearsfollowing implementation and shall submit a report of its findings to thegeneral assembly no later than January fifteenth of the year following thethird complete year of implementation. The department shall make copies ofits report available to each member of the general assembly.
8. This section shall not supersede other actions or penalties that maybe taken or imposed for violation of the motor vehicle financialresponsibility requirements of this chapter.
9. The working group as provided for in subsection 2 of this sectionshall consist of representatives from the insurance industry, department ofinsurance, financial institutions and professional registration, department ofpublic safety and the department of revenue. The director of revenue, afterconsultation with the working group, shall promulgate any rules andregulations necessary to administer and enforce this section. No rule orportion of a rule promulgated pursuant to the authority of this section shallbecome effective unless it has been promulgated pursuant to the provisions ofchapter 536, RSMo.
Database and fund created, purpose, administration--disclosure, when,violations, penalties--review and report to general assembly.
303.406. 1. The "Motorist Insurance Identification Database" is herebycreated for the purpose of establishing a database to use to verify compliancewith the motor vehicle financial responsibility requirements of this chapter.The program shall be administered by the department and shall receive fundingfrom the "Motorist Insurance Identification Database Fund", which is herebycreated in the state treasury. Effective July 1, 2002, the state treasurershall credit to and deposit in the motorist insurance identification databasefund six percent of the net general revenue portion received from collectionsof the insurance premiums tax levied and collected pursuant to sections148.310 to 148.461, RSMo.
2. To implement the program, the department may by July 1, 2002,contract with a designated agent which shall monitor compliance with the motorvehicle financial responsibility requirements of this chapter, except that theprogram shall not be implemented to notify owners of registered motor vehiclesuntil the department certifies that the accuracy rate of the program exceedsninety-five percent in correctly identifying owners of registered motorvehicles as having maintained or failed to maintain financial responsibility.After the department has entered into a contract with a designated agent, thedepartment shall convene a working group for the purpose of facilitating theimplementation of the program.
3. The designated agent, using its own computer network, shall, no laterthan December 31, 2002, develop, deliver and maintain a computer database withinformation provided by:
(1) Insurers, pursuant to sections 303.400 to 303.415; except that, anyperson who qualifies as self-insured pursuant to this chapter, or providesproof of insurance to the director pursuant to the provisions of section303.160, shall not be required to provide information to the designated agent,but the state shall supply these records to the designated agent for inclusionin the database; and
(2) The department, which shall provide the designated agent with thename, date of birth and address of all persons in its computer database, andthe make, year and vehicle identification number of all registered motorvehicles.
4. The department shall establish guidelines for the designated agent'sdevelopment of the computer database so the database can be easily accessed bystate and local law enforcement agencies within procedures alreadyestablished, and shall not require additional computer keystrokes or otheradditional procedures by dispatch or law enforcement personnel. Once thedatabase is operational, the designated agent shall, at least monthly, updatethe database with information provided by insurers and the department, andcompare then-current motor vehicle registrations against the database.
5. Information provided to the designated agent by insurers and thedepartment for inclusion in the database established pursuant to this sectionis the property of the insurer or the department, as the case may be, and isnot subject to disclosure pursuant to chapter 610, RSMo. Such information maynot be disclosed except as follows:
(1) The designated agent shall verify a person's insurance coverage uponrequest by any state or local government agency investigating, litigating orenforcing such person's compliance with the motor vehicle financialresponsibility requirements of this chapter;
(2) The department shall disclose whether an individual is maintainingthe required insurance coverage upon request of the following individuals andagencies only:
(a) The individual;
(b) The parent or legal guardian of an individual if the individual isan unemancipated minor;
(c) The legal guardian of the individual if the individual is legallyincapacitated;
(d) Any person who has power of attorney from the individual;
(e) Any person who submits a notarized release from the individual thatis dated no more than ninety days before the request is made;
(f) Any person claiming loss or injury in a motor vehicle accident inwhich the individual is involved;
(g) The office of the state auditor, for the purpose of conducting anyaudit authorized by law.
6. Any person or agency who knowingly discloses information from thedatabase for any purpose, or to a person, other than those authorized in thissection is guilty of a class A misdemeanor. The state shall not be liable toany person for gathering, managing or using information in the databasepursuant to this section. The designated agent shall not be liable to anyperson for performing its duties pursuant to this section unless and to theextent such agent commits a willful and wanton act or omission or isnegligent. The designated agent shall be liable to any insurer damaged by thedesignated agent's negligent failure to protect the confidentiality of theinformation and data disclosed by the insurer to the designated agent. Thedesignated agent shall provide to this state an errors and omissions insurancepolicy covering such agent in an appropriate amount. No insurer shall beliable to any person for performing its duties pursuant to this section unlessand to the extent the insurer commits a willful and wanton act of omission.
7. The department shall review the operation and performance of themotorist insurance identification database program to determine whether thenumber of uninsured motorists has** declined during the first three yearsfollowing implementation and shall submit a report of its findings to thegeneral assembly no later than January fifteenth of the year following thethird complete year of implementation. The department shall make copies ofits report available to each member of the general assembly.
8. This section shall not supersede other actions or penalties that maybe taken or imposed for violation of the motor vehicle financialresponsibility requirements of this chapter.
9. The working group as provided for in subsection 2 of this sectionshall consist of representatives from the insurance industry, department ofinsurance, financial institutions and professional registration, department ofpublic safety and the department of revenue. The director of revenue, afterconsultation with the working group, shall promulgate any rules andregulations necessary to administer and enforce this section. No rule orportion of a rule promulgated pursuant to the authority of this section shallbecome effective unless it has been promulgated pursuant to the provisions ofchapter 536, RSMo.
