HB 191 (BR 841) - R. Crimm, S. Baugh, T. Couch, B. Crall, R. Damron, J. Gooch, S. Riggs, K. Upchurch
AN ACT relating to personal motor vehicle insurance database.
Create a new section of Subtitle 39 of KRS Chapter 304 to provide that beginning on January 1, 2005, every insurance company that writes liability insurance on personal motor vehicles shall report the vehicle identification number of each insured motor vehicle and the name of the policyholder to the Department of Vehicle Regulation each month; exempt an insurer from civil liability for reporting the information unless there is malice, fraud, or gross negligence; amend KRS 186A.040 to require the Department of Vehicle Regulation to notify the insured if the vehicle identification number does not appear in the database for two consecutive reporting months; provide that in developing the mechanism to electronically transfer the information to the department, the commissioner of the Department of Vehicle Regulation shall consult with the commissioner of insurance and insurers; provide that information obtained by the Department of Vehicle Regulation from insurers is not subject to the Open Records Act and cannot be disclosed; create a new section of KRS Chapter 186A to provide that on and after January 1, 2005, a county clerk cannot process an application for, or issue, a title, registration, replacement plate, duplicate registration, transfer of registration, or temporary tag for a personal motor vehicle if AVIS does not list the vehicle identification number; provide that if AVIS does not list the vehicle identification number, the county clerk may process the application if the applicant has an insurance card issued no more than 45 days before submission of the application to the clerk; amend KRS 304.39-085 to provide that the requirement of reporting cancellations and terminations will not apply to personal motor vehicles on and after January 1, 2005; amend KRS 304.39-117 to provide that on and after January 1, 2005, as to personal motor vehicles, the insurance card and the database shall be evidence of insurance to a peace officer if the peace officer has access to the database through AVIS; provide that if the vehicle identification number does not appear in AVIS, the peace officer may accept as proof of insurance an insurance card issued no more than 45 days prior to the request of proof by the peace officer; amend KRS 186.021, 186.180, 186.190, and 186A.100 to conform.
HB 191 - AMENDMENTS
HFA (1, R. Crimm) - Exempt licensed motor vehicle dealers in Kentucky from the requirement that AVIS list the vehicle identification number of the vehicle as an insured vehicle before the county clerk can process an application for registration, registration transfer, temporary tag, or replacement plate or registration.
Jan 9-introduced in House
Jan 10-to Banking and Insurance (H)
Feb 5-posted in committee
Feb 12-reported favorably, 1st reading, to Calendar
Feb 13-2nd reading, to Rules
Feb 19-posted for passage in the Regular Orders of the Day for Thursday, February 20, 2003; floor amendment (1) filed
Feb 21-3rd reading, passed 93-1 with floor amendment (1)
Feb 24-received in Senate
Feb 27-to Banking and Insurance (S)
Mar 4-reported favorably, 1st reading, to Consent Calendar
Mar 5-2nd reading, to Rules