Report Title:

Motor Vehicle Insurance Verification System; Website

 

Description:

Establishes a motor vehicle insurance verification system website where motor vehicle insurers are required to provide information on motor vehicle insurance policies and provides for access by law enforcement and other authorized users.

 

THE SENATE

S.B. NO.

1619

TWENTY-FIFTH LEGISLATURE, 2009

 

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

     "§431:10C-    Motor vehicle insurance verification system; website.  (a)  The commissioner, in cooperation with the county with the largest number of registered motor vehicles, shall establish a motor vehicle insurance verification system website.  The commissioner shall adopt rules in conformance with this section, pursuant to chapter 91.

     (b)  The motor vehicle insurance verification system shall:

     (1)  Require motor vehicle insurers to establish a website service, in compliance with the specifications and standards of the Insurance Industry Committee on Motor Vehicle Administration, and other applicable standards as required by the commissioner;

     (2)  Secure data against unauthorized access;

     (3)  Maintain a record of all requests and corresponding responses;

     (4)  Be accessible to authorized personnel, as determined by the commissioner; and

     (5)  Include information as required by subsection (d) and other information, as deemed necessary by the commissioner.

     (c)  The commissioner may determine that certain motor vehicle insurers are exempt from this section, based upon the number of policies issued in the State; provided that any property or casualty insurer that also issues motor vehicle insurance and is authorized, pursuant to section 431:3-201, shall provide information for motor vehicles registered in the State.

     (d)  The motor vehicle insurance verification system shall be available twenty-four hours a day, seven days a week, for the purposes of verifying the insurance status of any vehicle using:

     (1)  The vehicle identification number;

     (2)  The insurance policy number;

     (3)  The registered owner's name; or

     (4)  Other identifying characteristics, as deemed necessary by the commissioner.

     (e)  Information contained in the motor vehicle insurance verification system shall not be considered a public record, except that the commissioner may permit and charge a fee for controlled access to the motor vehicle insurance verification system by entities such as the following for other purposes:

     (1)  Lenders;

     (2)  Rental car companies;

     (3)  Vehicle dealers; and

     (4)  Insurers for investigation of insurance fraud and claims.

     (f)  Notwithstanding the provisions of this section, any law enforcement officer may access the motor vehicle insurance verification system to ensure compliance with section 431:10C-104 or in the course of any lawful investigation.

     (g)  The commissioner shall have the authority to impose fines and penalties for any insurer that does not comply with this section."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2009; provided that the insurance commissioner shall ensure the motor


vehicle insurance verification system is fully operational as of July 1, 2011.

 

INTRODUCED BY:

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