Report Title:

No-Fault Insurance Reporting System

Description:

Requires counties to establish a no-fault insurance database accessible by the police and departments of motor vehicles and the prosecuting attorney.  Requires insurance companies to transmit insurance information to the counties to be included in the database.  Appropriates funds.

HOUSE OF REPRESENTATIVES	H.B. NO.	1551
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

relating to motor vehicle insurance.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§46-  Motor vehicle insurance data system. (a)  Each county shall establish and maintain a data system to identify motorists who are currently insured.  The data system shall:

(1) Allow insurers to electronically transmit insurance information to the counties;

(2) Be accessible to the police department, department of motor vehicles, and department of the prosecuting attorney of any county to the extent necessary to allow each agency to implement and enforce motor vehicle insurance and related laws under the jurisdiction of the respective agency;

(3) Protect the privacy interests of persons whose information is included in the data system; and

(4) Include the following information:

(A) Name, make, and model of the insured motor vehicle;

(B) Vehicle identification number as defined under section 286-2;

(C) Vehicle license plate number;

(D) Name of the primary insured;

(E) Name of the insurer;

(F) Effective dates of coverage; and

(G) Insurance policy number.

(b)  Each county shall establish procedures for the transmission of insurance information by insurers required under section 431:10C-  .  The counties shall coordinate and standardize under a single schedule, the monthly transmission of information required under subsection (a)."

SECTION 2.  Chapter 431, Hawaii Revised Statutes, is amended by adding a new section to article 10C to be appropriately designated and to read as follows:

     "§431:10C-  Motor vehicle insurance data system; county information requirements. (a)  Every motor vehicle insurer shall provide each county with the information listed under section 46-  (a) and shall notify each county of the cancellation of a motor vehicle insurance policy; provided that this information shall only be provided to a county for those motor vehicles registered by the county.  The information shall be transmitted on a monthly basis according to a schedule set by the counties.  Every insurer shall take all necessary precautions to protect the privacy interests of persons whose information is transmitted to each county.

(b)  No motor vehicle insurer shall be subject to civil liability for errors or omissions in recording, maintaining, or reporting of information required under this section, except for damages that result from the motor vehicle insurer's gross negligence or wanton acts or omissions."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $      or so much thereof as may be necessary for fiscal year 2007-2008 for the purposes of establishing and maintaining a data system to identify insured motorists, to be allocated as follows:

          $             to the city and county of Honolulu;

          $             to the county of Maui;

          $             to the county of Hawaii; and

          $             to the county of Kauai.

     The sum appropriated shall be expended by the counties for the purposes of this Act.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2007.

INTRODUCED BY:

_____________________________