Kansas 2025 2025-2026 Regular Session

Kansas Senate Bill SB42 Comm Sub / Analysis

Filed 03/07/2025

                    SESSION OF 2025
SUPPLEMENTAL NOTE ON SENATE BILL NO. 42
As Amended by House Committee on Insurance
Brief*
SB 42, as amended, would enact the Kansas Real Time 
Motor Vehicle Insurance Verification Act (Act). The Act would:
●Require the Commissioner of Insurance 
(Commissioner) to establish a web-based system 
for online verification of motor vehicle insurance;
●Require motor vehicle insurers to cooperate with 
the Commissioner to establish and maintain the 
system as specified in the Act; and
●Establish the web-based system created in the Act 
as the only electronic system to be used for the 
purpose of verifying motor vehicle liability 
insurance.
The bill would also make technical amendments. 
The bill would be in effect upon publication in the 
Kansas Register.
Definitions (New Section 1)
The bill would define various terms as used in the Act, 
including:
●“Commercial vehicle coverage” would mean any 
coverage provided to an insured, regardless of the 
____________________
*Supplemental notes are prepared by the Legislative Research 
Department and do not express legislative intent. The supplemental 
note and fiscal note for this bill may be accessed on the Internet at 
https://klrd.gov/ number of vehicles covered, under a commercial 
coverage form and rated from a commercial 
manual approved by the Kansas Insurance 
Department (Department); and
●“Insurance verification system” would mean the 
web-based system for online verification of motor 
vehicle liability insurance.
Insurance Verification System Established
(New Section 2)
The bill would direct the Commissioner to establish an 
online verification of motor vehicle insurance system 
(system). The bill would require the system to be web-based, 
supersede any other verification system requirements, and be 
the only system in Kansas for this purpose. The 
Commissioner also would have authority to adopt reasonable 
and necessary rules and regulations for the system.
Insurance Verification System Technical Capabilities 
(New Section 3)
The bill would create requirements for the system, 
including the ability to:
●Transmit requests to insurers for verification of 
coverage and receive responses from insurance 
company systems. The insurance company 
systems would be required to respond to each 
request for verification with a prescribed response 
upon evaluation of the data provided in such 
request;
●Ensure the data is secured with applicable data 
privacy protection laws;
●Be used for verification of motor vehicle liability 
insurance as prescribed by state law and 
2- 42 accessible to authorized personnel and entities 
authorized by state or federal privacy laws;
●Interface wherever appropriate with existing state 
systems; and
●Include multiple data elements for greater matching 
accuracy, limited to:
○Insurer National Association of Insurance 
Commissioners company code number;
○Vehicle identification number;
○Policy number;
○Verification date; or
○Other information as required by the 
Commissioner or Kansas Department of 
Revenue (KDOR).
Acquisition (New Section 4)
The bill would permit the Commissioner to conduct a 
competitive bid and contract process to purchase the system 
from a private service provider that has successfully 
implemented similar systems in other states.
Funding Source (New Section 5)
The bill would require the Department to provide the 
funding for implementation, ongoing maintenance, and 
enhancement of the system from the Insurance Department 
Regulation Service Fund.
System Information Exchange (New Section 6)
The bill would direct insurers to cooperate with the 
Commissioner and KDOR to establish and maintain the 
3- 42 system. Insurer systems would be permitted reasonable 
system downtime with proper notice, and fees would not be 
charged during downtime or when the system is not available 
due to emergency situations, outside attack, or other 
unexpected outages outside the insurer’s control as 
determined by KDOR.
The bill would require each property and casualty 
insurance company licensed to issue motor vehicle liability 
insurance or authorized to do business in Kansas to provide 
verification through the system for vehicles registered in 
Kansas and allow the company to use a third-party vendor.
The bill would allow commercial motor vehicle insurers 
to participate in the system voluntarily.
The bill would also provide insurers with immunity from 
civil and administrative liability for good faith efforts to comply 
with the Act.
Alternative Verification (New Section 7)
The bill would authorize the Commissioner to establish 
rules and regulations for an alternative verification method for 
insurers that insure 1,000 or fewer vehicles in Kansas.
Confidentiality of Information (New Section 8)
The bill would establish that all information and data 
provided by the insurance companies to the system, including 
all reports, responses, or other information generated for 
purposes on the system, would be confidential by law and 
privileged. The information would not be subject to the 
Kansas Open Records Act or subject to discovery or 
admissible as evidence in any private civil action.
4- 42 Effective Date (New Section 9)
The bill would require the system to be fully operational 
no later than July 1, 2026, following a testing period of no less 
than nine months. Enforcement action based on system 
information would not be permitted until after a successful 
completion of the testing period.
Law Enforcement Stops (New Section 10)
The bill would prohibit establishing compliance through 
the system as a primary cause for law enforcement to stop a 
vehicle.
Permitted Use (Section 11)
The bill would establish that the online verification 
established through the Act could be used as proof of 
insurance for vehicle registration purposes.
Background
The bill was introduced by the Senate Committee on 
Financial Institutions and Insurance at the request of a 
representative of the Department. [Note: A companion bill, HB 
2047, has been introduced in the House.]
Senate Committee on Financial Institutions and 
Insurance
In the Senate Committee hearing, proponent testimony 
was provided by a representative of the Department and a 
representative of the Kansas Association of Chiefs of Police, 
Kansas Peace Officers Association, and the Kansas Sheriffs 
Association. The representative of the Department stated the 
bill would allow the Department to issue a request for 
proposal and contract with a company for a real-time motor 
5- 42 vehicle insurance verification system. The representative of 
the Department stated the Department intends to fully fund 
the cost of the implementation of the system, noted the law is 
based upon a model law working to solve the issue of 
uninsured motorists, the legislation has been enacted in more 
than 20 states, and those states have reduced their 
uninsured motorist rates by half. The representative of law 
enforcement indicated the system would assist law 
enforcement in verifying drivers’ insurance information 
accurately in a timely manner.
Written-only proponent testimony was provided by the 
Superintendent of the Kansas Highway Patrol.
No other testimony was provided.
The Senate Committee made a technical amendment to 
correct the title of the Act in New Section 1.
Senate Committee of the Whole
The Senate Committee of the Whole amended the bill to 
prohibit establishing compliance through the system as a 
primary cause for law enforcement to stop a vehicle and to 
limit the data elements for greater matching accuracy that a 
motor vehicle liability insurance company provides.
House Committee on Insurance
In the House Committee hearing, written-only proponent 
testimony was provided by representatives of the Kansas 
Association of Insurance Agents, Kansas Highway Patrol, and 
the Kansas Association of Chiefs of Police, Kansas Peace 
Officers Association, and Kansas Sheriffs Association.
No other testimony was provided.
6- 42 The House Committee made a technical amendment to 
the bill and changed the effective date to be upon publication 
in the Kansas Register.
Fiscal Information
According to the fiscal note prepared by the Division of 
the Budget on the bill, as introduced, the Department 
estimates enactment of the bill would cost $1.0 million in FY 
2026 and $500,000 in FY 2027 from its Insurance 
Department Service Regulation Fee Fund. The Department 
indicates the cost of real-time verification can vary depending 
on specific features. The Department’s estimates include the 
startup costs and the verification testing in FY 2026. The cost 
for FY 2027 includes ongoing maintenance and other 
services required for the new system.
KDOR estimates that it would require $45,100 from the 
State General Fund in FY 2026 to modify and test agency 
databases and update publications. The estimate includes 
development and testing of its internal system as well as 
creating a new interface between the Department and KDOR. 
The required programming for this bill by itself would be 
performed by existing KDOR staff. In addition, if the 
combined effect of implementing this bill and other enacted 
legislation would exceed KDOR’s programming resources, or 
if the time for implementing the changes is too short, 
additional expenditures for outside contract programmer 
services beyond KDOR’s current budget may be required. 
Any fiscal effect associated with the bill is not reflected 
in The FY 2026 Governor’s Budget Report.
Insurance; Real Time Motor Vehicle Insurance Verification Act; motor vehicle; law 
enforcement
7- 42