HOUSE OF REPRESENTATIVES

H.B. NO.

703

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to insurance.

 

 

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

 


SECTION 1. Section 286-26, Hawaii Revised Statutes, is amended by amending subsection (i) to read as follows:

"(i) As part of the inspection required by this section, the owner of the vehicle to be inspected shall produce and display the motor vehicle insurance identification card for the inspected motor vehicle required by section 431:10C-107 or the proof of insurance card required by section 431:10G-106.

The owner of the vehicle may display the motor vehicle insurance identification card or the proof of insurance card in electronic format on a mobile electronic device, as defined in section 291C-137.

If no card is displayed, then the sticker authorized by the director shall not be affixed to the vehicle and the certificate of inspection shall not be issued."

SECTION 2. Section 286-108, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) As part of the examination required by this section, the applicant for a driver's license shall produce and display a valid motor vehicle or liability insurance identification card for the motor vehicle required by sections 431:10C-107 and 431:10G-106, when the applicant demonstrates the ability to operate a motor vehicle to the satisfaction of the examiner of drivers.

The applicant may display the motor vehicle or liability insurance identification card in electronic format on a mobile electronic device, as defined in section 291C-137.

If no valid motor vehicle or liability insurance identification card is displayed, the examiner of drivers shall not issue a driver's license to the applicant."

SECTION 3. Section 286-116, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Every licensee shall have a valid driver's license in the licensee's immediate possession at all times, and a valid motor vehicle or liability insurance identification card applicable to the motor vehicle operated as required under section 431:10C-107 and section 431:10G-106, when operating a motor vehicle, and shall display the same upon demand of a police officer. Every police officer or law enforcement officer when stopping a vehicle or inspecting a vehicle for any reason shall demand that the driver or owner display the driver's or owner's driver's license and insurance identification card.

Upon demand, the driver or owner may display the driver's or owner's insurance identification card in electronic format on a mobile electronic device, as defined in section 291C-137. For the purposes of this section, when a person uses a mobile electronic device to display an insurance identification card to a police officer or law enforcement officer, the officer may only view the insurance identification card and is otherwise prohibited from viewing any other content on the mobile electronic device. Whenever a person presents a mobile electronic device pursuant to this section, that person assumes all liability for any damage to the mobile electronic device.

No person charged with violating this section shall be convicted if the person produces in court, or proves from the proper official or other records that the person was the holder of a driver's license or a motor vehicle or liability insurance identification card and policy conforming to article 10C and article 10G of chapter 431 or a certificate of self-insurance issued by the insurance commissioner pursuant to section 431:10C-107 and section 431:10G-103, theretofore issued to the person and valid at the time of the person's arrest."

SECTION 4. Section 431:10C-107, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

"(b) The identification card shall be in the insured motor vehicle or carried by the operator of the insured motor vehicle at all times and shall be exhibited to a law enforcement officer upon demand.

(c) The identification card may be issued in either paper or electronic format; provided that the identification card shall be resistant to forgery by whatever means appropriate. Acceptable electronic formats shall include the display of electronic images on a mobile electronic device, as defined in section 291C-137. The commissioner shall approve the construction, form, and design of the identification card to ensure that the card is forgery resistant."

SECTION 5. Section 431:10G-106, Hawaii Revised Statutes, is amended to read as follows:

"431:10G-106 Verification of insurance. Every insurer shall issue to each of its insureds a proof of insurance card for each motorcycle or motor scooter for which a liability policy under this article is written. The proof of insurance card may be issued in either paper or electronic format. Acceptable electronic formats shall include the display of electronic images on a mobile electronic device, as defined in section 291C-137. The proof of insurance card shall show the following:

(1) Name, make, year, and factory or serial number of the motorcycle or motor scooter; provided that insurers of five or more motorcycles or motor scooters that are under common registered ownership and used in the regular course of business shall not be required to indicate the name, make, year, and the factory or serial number of each motorcycle or motor scooter;

(2) Policy number;

(3) Names of the insured and the insurer; and

(4) Effective dates of coverage including the expiration date.

The proof of insurance card shall be carried on the person operating the insured motorcycle or motor scooter at all times and shall be exhibited to a law enforcement officer upon demand."

SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Motor Vehicle Insurance; Electronic Proof of Insurance

 

Description:

Allows proof of motor vehicle insurance to be stored and displayed on a mobile electronic device.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.