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SECOND REGULAR SESSION
HOUSE BILL NO. 2324
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE LUCAS.
5024H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 379, RSMo, by adding thereto one new section relating to procurement of
driving data by automobile insurers, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 379, RSMo, is amended by adding thereto one new section, to be
2 known as section 379.1650, to read as follows:
379.1650. 1. As used in this section, the following terms mean:
2 (1) "Driving data", information collected by a vehicle thr ough the vehicle's
3 telematics system;
4 (2) "Insur er", any insurance company , association, or exchange authorized to
5 issue policies of automobile insurance in this state;
6 (3) "T elematics system", a system or device in a vehicle that ret rieves data
7 generated by the vehicle, including the vehicle's global positioning system position,
8 speed, diagnostic information and vehicle faults, trip distance or time, idling time,
9 instances of sudden or harsh braking or driving, seat belt use, and fuel consumption.
10 2. An insurer shall not pur chase or obtain fr om any third party:
11 (1) The driving data of a vehicle insur ed under a policy of automobile insurance
12 issued by the insur er without the expr ess, written consent of the owner of the vehicle or
13 primary driver regar dless of how or where the driving data is collected or stored; or
14 (2) Any document, r eport, or analysis based on the driving data of a vehicle
15 insur ed under a policy of automobile insurance issued by the insurer . Such document,
16 r eport, or analysis shall only be used:
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
17 (a) For insurance purposes after obtaining the expr ess, written consent of the
18 owner of the vehicle; and
19 (b) Upon the insur er's compliance with the privacy laws rela ting to the storage,
20 usage, and sharing of the driving data.
21 3. An insur er seeking to sell, share, or otherwise distribute a vehicle's driving
22 data shall pr ovide to the owner of a vehicle in this state:
23 (1) A disclosure of the types or categories of driving data for the vehicle that will
24 be collected;
25 (2) A description of how the driving data will be collected;
26 (3) The purpose for collecting the driving data and how such data would be used,
27 including the potential impact on pr emiums; and
28 (4) A notice that the driving data fr om or relat ed to the vehicle shall not be
29 shar ed, sold, or otherwise distributed without the expr ess, written consent of the owner
30 of the vehicle.
31 4. An insur er that collects the driving data after obtaining expre ss, written
32 consent of the owner of the vehicle shall not sell or share such data with any third party
33 for purposes unrel ated to insurance.
34 5. An insur er shall not deny automobile insurance coverage, cancel the curr ent
35 automobile coverage, or increa se premiums based solely on the owner of the vehicle's
36 r efusal to pr ovide driving data.
37 6. The owner of the vehicle may requ est copies of any driving data or rep ort or
38 analysis generated fr om the driving data that the insur er obtained or collected about
39 their vehicle by submitting a written r equest to the insur er .
40 7. The dir ector of the department of commer ce and insurance shall have the
41 authority to:
42 (1) Enfor ce the provi sions of this section; and
43 (2) Impose fines or other civil penalties or take the necessary corr ective action
44 for violations under this section after a hearing conducted in the same manner as a
45 hearing conducted for the collection of fines and civil penalties or corr ective actions
46 under the insurance laws of this state or by rule adopted or order issued by the director .
47 8. The dir ector of the department of commerc e and insurance may pr omulgate
48 all necessary rules and r egulations for the administration of this section. Any rule or
49 portion of a rule, as that term is defined in section 536.010, that is creat ed under the
50 authority delegated in this section shall become effective only if it complies with and is
51 subject to all of the pr ovisions of chapter 536 and, if applicable, section 536.028. This
52 section and chapter 536 are nonseverable and if any of the powers vested with the
53 general assembly pursuant to chapter 536 to revie w , to delay the effective date, or to
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54 disappr ove and annul a rule ar e subsequently held unconstitutional, then the grant of
55 rulemaking authority and any rule pr oposed or adopted after August 28, 2026, shall be
56 invalid and void.
✔
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