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Kansas House Bill HB2047

Kansas 2025-2026 Regular Session

Kansas House Bill HB2047 Compare Versions

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11 Session of 2025
22 HOUSE BILL No. 2047
33 By Committee on Insurance
44 Requested by Eric Turek on behalf of the Kansas Insurance Department
55 1-21
66 AN ACT concerning motor vehicle liability insurance; providing for the
77 establishment of a web-based online insurance verification system for
88 the verification of evidence of motor vehicle liability insurance;
99 amending K.S.A. 8-173 and repealing the existing section.
1010 Be it enacted by the Legislature of the State of Kansas:
1111 New Section 1. (a) Sections 1 through 9, and amendments thereto,
1212 shall be known and may be cited as the Kansas real time motor vehicle
1313 insurance verification act.
1414 (b) As used in this act:
1515 (1) "Act" means the Kansas real time motor vehicle act.
1616 (2) "Commercial vehicle coverage" means any coverage provided to
1717 an insured, regardless of number of vehicles covered, under a commercial
1818 coverage form and rated from a commercial manual approved by the
1919 department.
2020 (3) "Commissioner" means the commissioner of insurance.
2121 (4) "Department" means the Kansas insurance department.
2222 (5) "Insurance verification system" means the web-based system for
2323 online verification of motor vehicle liability insurance.
2424 (6) "KDOR" means the Kansas department of revenue.
2525 New Sec. 2. (a) The commissioner shall establish a web-based system
2626 for online verification of motor vehicle insurance and require motor
2727 vehicle insurers to establish functionality for such system, as specified in
2828 this act. Implementation of the insurance verification system, including
2929 any exceptions as provided for in this act, supersedes any existing motor
3030 vehicle liability insurance verification system requirements and shall be
3131 the sole electronic system used for the purpose of verifying motor vehicle
3232 liability insurance as required by the laws of Kansas.
3333 (b) The commissioner shall adopt such reasonable rules and
3434 regulations as are necessary to effectuate the provisions of this act.
3535 New Sec. 3. (a) The insurance verification system shall:
3636 (1) (A) Transmit requests to insurers for verification of motor vehicle
3737 liability insurance via web services established by the insurers in
3838 compliance with specifications and standards prescribed by the
3939 commissioner in rules and regulations; and
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7575 (B) insurance company systems shall respond to each request for
7676 verification of motor vehicle liability insurance with a prescribed response
7777 upon evaluation of the data provided in such request;
7878 (2) include appropriate provisions to secure its data against
7979 unauthorized access in accordance with applicable data privacy protection
8080 laws;
8181 (3) be used for verification of motor vehicle liability insurance as
8282 prescribed by the laws of Kansas and shall be accessible to authorized
8383 personnel of the department, KDOR division of vehicles, the courts, law
8484 enforcement agencies and other entities authorized by state or federal
8585 privacy laws;
8686 (4) be interfaced, wherever appropriate, with existing state systems;
8787 and
8888 (5) include information that shall enable authorized personnel to
8989 make inquiries of insurers of motor vehicle liability insurance by using
9090 multiple data elements for greater matching accuracy, including, but not
9191 limited to:
9292 (A) Insurer national association of insurance commissioners company
9393 code number;
9494 (B) vehicle identification number;
9595 (C) policy number;
9696 (D) verification date; or
9797 (E) any other information required by the commissioner or KDOR to
9898 operate the insurance verification system.
9999 New Sec. 4. The commissioner may conduct a competitive bid and
100100 contract with a private service provider that has successfully implemented
101101 similar systems in other states to assist in establishing, implementing and
102102 maintaining the insurance verification system.
103103 New Sec. 5. The department shall provide funding for the
104104 implementation, ongoing maintenance and enhancement of the insurance
105105 verification system created by this act from the insurance department
106106 regulation service fund, established under K.S.A. 40-112, and amendments
107107 thereto.
108108 New Sec. 6. (a) Insurers shall cooperate with the commissioner and
109109 KDOR in establishing and maintaining the insurance verification system
110110 and provide motor vehicle insurance policy status information as provided
111111 in rules and regulations established by the commissioner.
112112 (b) Insurer systems shall be permitted reasonable system downtime
113113 for maintenance and other work with advance notice to KDOR. Insurers
114114 shall not be subject to enforcement fees or other penalties under such
115115 circumstances or when systems are unavailable because of emergency,
116116 outside attack or other unexpected outages not planned by the insurer and
117117 that are reasonably outside its control as determined by KDOR.
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161161 (c) Each property and casualty insurance company that is licensed to
162162 issue motor vehicle liability insurance or is authorized to do business in
163163 Kansas shall provide verification of liability insurance for every motor
164164 vehicle insured in Kansas by such company as required by this act.
165165 (d) This act shall not apply to vehicles insured under commercial
166166 motor vehicle coverage, except that insurers of such vehicles may
167167 participate on a voluntary basis.
168168 (e) Insurers shall not be required to verify evidence of insurance for
169169 vehicles registered in other jurisdictions.
170170 (f) Insurers shall be immune from civil and administrative liability for
171171 good faith efforts to comply with the terms of this act.
172172 (g) Nothing in this section shall prohibit an insurer from using the
173173 services of a third-party vendor to facilitate the insurance verification
174174 program required by this act.
175175 New Sec. 7. The commissioner may establish, through rules and
176176 regulations, an alternative method for verifying motor vehicle liability
177177 insurance for insurers that insure 1,000 or fewer vehicles within Kansas.
178178 New Sec. 8. All information and data provided by insurance
179179 companies to the insurance verification system, and all reports, responses
180180 or other information generated for the purposes of the insurance
181181 verification system shall be confidential by law and privileged, shall not be
182182 subject to the open records act, K.S.A. 45-215, and amendments thereto,
183183 and shall not be subject to discovery or admissible as evidence in any
184184 private civil action.
185185 New Sec. 9. The insurance verification system shall be fully
186186 operational not later than July 1, 2026, following an appropriate testing
187187 period of not less than nine months. No enforcement action shall be taken
188188 based on information obtained from the insurance verification system until
189189 such system has successfully completed the testing period.
190190 Sec. 10. K.S.A. 8-173 is hereby amended to read as follows: 8-173.
191191 (a) An application for registration of a vehicle as provided in article 1 of
192192 chapter 8 of the Kansas Statutes Annotated, and amendments thereto, shall
193193 not be accepted unless the person making such application shall exhibit:
194194 (1) A receipt showing that such person has paid all personal property
195195 taxes levied against such person for the preceding year, including taxes
196196 upon such vehicle, except that if such application is made before May 11,
197197 such receipt need show payment of only one-half
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199199 /2 the preceding year's
200200 tax; or
201201 (2) evidence that such vehicle was assessed for taxation purposes by a
202202 state agency, or was assessed as stock in trade of a merchant or
203203 manufacturer or was exempt from taxation under the laws of this state.
204204 (b) An application for registration of a vehicle as provided in article 1
205205 of chapter 8 of the Kansas Statutes Annotated, and amendments thereto,
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249249 shall not be accepted if the records of the county treasurer show that the
250250 applicant is delinquent and owes personal property taxes levied against the
251251 applicant for any preceding year.
252252 (c) An original application for registration of a motor vehicle shall
253253 not be accepted until the applicant signs a certification, provided by the
254254 director of motor vehicles, certifying that the applicant has and will
255255 maintain, during the period of registration, the required insurance, self-
256256 insurance or other financial security required pursuant to K.S.A. 40-3104,
257257 and amendments thereto.
258258 (d) An application for registration or renewal of registration of a
259259 vehicle shall not be accepted if the applicant is unable to provide proof of
260260 the insurance, self-insurance or other financial security required by article
261261 31 of chapter 40 of the Kansas Statutes Annotated, and amendments
262262 thereto. Proof of insurance shall be verified by examination of the
263263 insurance card or other documentation issued by an insurance company, a
264264 certificate of self-insurance issued by the commissioner, a binder of
265265 insurance, a certificate of insurance, a motor carrier identification number
266266 issued by the state corporation commission, proof of insurance for vehicles
267267 covered under a fleet policy, a commercial policy covering more than one
268268 vehicle or a policy of insurance required by K.S.A. 40-3104, and
269269 amendments thereto, and for vehicles used as part of a drivers education
270270 program, a dealership contract and a copy of a motor vehicle liability
271271 insurance policy issued to a school district or accredited nonpublic school.
272272 Examination of a photocopy, facsimile or an image displayed on a cellular
273273 phone or any other type of portable electronic device of any of these
274274 documents shall suffice for verification of registration or renewal. Any
275275 person to whom such image of proof of insurance, self-insurance or other
276276 financial security required by article 31 of chapter 40 of the Kansas
277277 Statutes Annotated, and amendments thereto, is displayed, shall view only
278278 such image displayed on such cellular phone or other portable electronic
279279 device. Such person shall be prohibited from viewing any other content or
280280 information stored on such cellular phone or other portable electronic
281281 device. Proof of insurance may also be verified on-line online or
282282 electronically, in accordance with the provisions of the Kansas real time
283283 insurance verification act and sections 1 through 9, and amendments
284284 thereto, and the commissioner of insurance may require, by duly adopted
285285 rules and regulations, any motor vehicle liability insurance company
286286 authorized to do business in this state to provide verification of insurance
287287 in that manner. Any motor vehicle liability insurance company which is
288288 providing verification of insurance on-line or electronically on the day
289289 preceding the effective date of this act may continue to do so in the same
290290 manner and shall be deemed to be in compliance with this section.
291291 (e) On and after January 1, 2018, An application for registration or
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335335 renewal of registration of a vehicle shall not be accepted, if the records of
336336 the division show that after three attempts by the Kansas turnpike authority
337337 to contact the registered owner, including at least one registered letter, the
338338 registered owner of such vehicle has unpaid tolls and that the director of
339339 the Kansas turnpike authority or the director's designee has instructed the
340340 division to refuse to accept the registration or renewal of registration,
341341 pursuant to K.S.A. 68-2020a, and amendments thereto, unless the owner or
342342 registered owner makes payment to the county treasurer at the time of
343343 registration or renewal of registration. Of such moneys collected, 15%
344344 shall be retained by the county treasurer and the remainder shall be
345345 remitted to the Kansas turnpike authority.
346346 Sec. 11. K.S.A. 8-173 is hereby repealed.
347347 Sec. 12. This act shall take effect and be in force from and after its
348348 publication in the statute book.
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