{"data":{"id":"us-ky/krs-186a.040","jurisdiction":"us-ky","citation":"KRS 186A.040","heading":"Accessible online insurance verification system -- Definitions --","body":"Administrative regulations -- Technical advisory committee -- Notification of\ncancellation, nonrenewal of policy, or absence of vehicle identification number\nto insured -- Revocation of license -- Information not subject to Kentucky\nOpen Records Act.\n(1) As used in this section, unless the context requires otherwise:\n(a) \"Accessible online insurance verification system\" or \"system\" means the\naccessible online insurance verifica tion system established by the department\nunder this section;\n(b) \"Commercial motor vehicle\" means a motor vehicle that is covered by\ncommercial motor vehicle insurance;\n(c) \"Commercial motor vehicle insurance\" means coverage:\n1. Provided to an insured, re gardless of the number of vehicles or entities\ncovered, under a commercial coverage form; and\n2. Rated from a commercial manual approved by the Department of\nInsurance;\n(d) \"Department\" means the Department of Vehicle Regulation;\n(e) \"IICMVA\" means the Ins urance Industry Committee on Motor Vehicle\nAdministration or a successor organization;\n(f) \"Insurer\" means an insurer that provides coverage for the security required\nunder KRS 304.39-080;\n(g) \"Personal motor vehicle\" means a motor vehicle that is not covered by\ncommercial motor vehicle insurance; and\n(h) \"Requestor\" means the authorized personnel of any of the following:\n1. The department;\n2. Any District or Circuit Court of this state;\n3. Any county attorney or Commonwealth's attorney of this state;\n4. Any county clerk of this state;\n5. Any law enforcement agency of this state; or\n6. Any other entities authorized by the department, to the extent permitted\nby state and federal privacy laws.\n(2) (a) The department shall:\n1. Provide and receive information on the insurance status of motor\nvehicles registered in Kentucky in accordance with this section and KRS\n304.39-085 and 304.39-087;\n2. Establish an accessible online insurance verification system that:\na. Is used for verification of whether motor vehicles are covered by\nthe security required under KRS 304.39-080;\nb. Is interfaced with AVIS;\nc. Beginning not later than October 1, 2026, is:\ni. Operational; and\nii. Available to insurers;\nd. Beginning not later than January 1, 2027, is accessible by\nrequestors to assist the requestors in the identification of motor\nvehicles that are not in compliance with KRS 304.39-080; and\ne. Includes information that enables the department to make inquiries\nto insurers by using multiple data elements for greater matching\naccuracy;\n3. On or before January 1, 2026, promulgate an emergency and ordinary\nadministrative re gulation in accordance with KRS Chapter 13A to\nestablish, implement, and effectuate the accessible online insurance\nverification system, which:\na. Shall:\ni. Except as otherwise provided in this section, establish\nguidelines and requirements for the system that are\nconsistent with IICMVA guidelines;\nii. Include appropriate provisions to secure the system's data\nagainst unauthorized access;\niii. Specify, in accordance with subsection (3) of this section, the\ninformation that insurers shall electronically subm it, and the\nformat, manner, and frequency of the electronic submissions,\nto the system for personal motor vehicles and commercial\nmotor vehicles; and\niv. Establish a period of not less than six (6) months but not\nmore than twelve (12) months from the date of all requests\nand responses that system data shall be retained; and\nb. May establish an alternative method of reporting, in lieu of\nreporting to the system, for insurers who write one thousand\n(1,000) or fewer policies or contracts that provide coverage for the\nsecurity required under KRS 304.39-080; and\n4. Make any amendment s to the administrative regulation promulgated\nunder this section or any other administrative regulation related to the\nsystem that are necessary to establish, implement, operate, or maintain\nthe accessible online insurance verification system, which shall  include\nany necessary improvements to or replacement of the system.\n(b) The department may contract with a private service provider who has\nsuccessfully implemented similar systems in other states to assist in\nestablishing, implementing, operating, and ma intaining the accessible online\ninsurance verification system.\n(c) 1. Notwithstanding KRS 13A.100, the department shall:\na. By January 1, 2026, publish on its website and distribute to motor\nvehicle insurers authorized to do business in Kentucky a final\ndetailed guide of the accessible online insurance verification\nsystem;\nb. Periodically review, make any necessary updates to, and publish\non its website any updates to the guide referenced in this\nsubparagraph; and\nc. Distribute any updates made to the guide  referenced in this\nsubparagraph to motor vehicle insurers authorized to do business\nin Kentucky.\n2. The guide referenced in subparagraph 1. of this paragraph shall not\nconflict with, or impose requirements that are not set out or incorporated\nby reference  in, an administrative regulation promulgated by the\ndepartment under this section.\n3. The Department of Insurance shall assist the department in making the\ndistributions required under this paragraph.\n(d) The department and any contracted private service provider shall each\nmaintain a contact person for insurers during the implementation and\noperation of the accessible online insurance verification system.\n(3) (a) Except as otherwise provided in this section, insurers that provide coverage\nfor the security  required under KRS 304.39 -080 for personal motor vehicles\nshall:\n1. Cooperate with the department in the implementation, operation,\nmaintenance, and any necessary improvements to or replacement of the\naccessible online insurance verification system; and\n2. On and after January 1, 2027:\na. Send to the department:\ni. A list of the vehicle identification numbers (VINs) of the\npersonal motor vehicles that are covered by the insurer; and\nii. The name of each policyholder for each personal motor\nvehicle covered by the insurer as specified by the\ndepartment;\nb. Provide access to any other insurance status information for\npersonal motor vehicles that are covered by the insurer as specified\nby the department; and\nc. Submit the information required under this subpara graph\nelectronically to the department through the accessible online\ninsurance verification system.\n(b) 1. In lieu of compliance with KRS 304.39 -085, an insurer may opt to\nsubmit insurance status information for commercial motor vehicles\nelectronically to the department through the accessible online insurance\nverification system.\n2. An insurer that opts to submit insurance status information under this\nparagraph shall comply with any specifications and requirements\nestablished by the department under subsec tion (2)(a)3.a.iii. of this\nsection for the information.\n(c) Insurers may contract for the services of a third -party vendor to facilitate or\notherwise comply with the requirements of this section.\n(d) Insurers shall not be subject to civil or administrativ e liability for libel,\nslander, or any other relevant tort, and no civil cause of action of any nature\nshall arise against an insurer or an authorized employee of an insurer for any\ngood-faith efforts to comply with this section, including but not limited to\nsubmitting, or providing access to, any information or data required or\npermitted under this section, even if the information or data is inaccurate or\nincomplete.\n(4) (a) As used in this subsection, \"domestic\" insurer and \"foreign\" insurer have the\nsame meanings as in KRS 304.1-070.\n(b) There is created a technical advisory committee whose duties shall be to:\n1. Review the establishment, implementation, operation, and maintenance\nof the accessible online insurance verification system; and\n2. Make recommendations to the department to ensure that the accessible\nonline insurance verification system is:\na. Efficient and operational upon implementation; and\nb. Consistent with the objectives and requirements of this section.\n(c) The technical advisory committee shall be composed of the following seven\n(7) members:\n1. Four (4) voting members appointed by the commissioner of the\nDepartment of Insurance in accordance with paragraph (d) of this\nsubsection;\n2. The president of the Kentucky County Clerk's Association or the\npresident's designee, who shall serve as a voting ex officio member;\n3. The commissioner of the Department of Insurance or the commissioner's\ndesignee, who shall serve as a voting ex officio member; and\n4. The commissioner of the department or the commissioner's designee,\nwho shall serve as a nonvoting ex officio member and as chair of the\ncommittee.\n(d) 1. The commissioner of the Department of Insurance shall, in accordance\nwith this paragraph, appoint to the technical advisory committee one (1)\nrepresentative for each of the four (4) insurers:\na. Identified by the Department of Insurance under this paragraph ;\nand\nb. That designate, upon request and within a reasonable amount of\ntime, an individual to serve as a representative on the committee.\n2. The Department of Insurance shall identify the following four (4)\ninsurers:\na. The domestic property and casualty insurer that has the largest\ndollar amount of direct written premiums for motor vehicle\ninsurance in Kentucky as of the date of the notification made\nunder subparagraph 4. of this paragraph;\nb. The two (2) foreign property and casualty insurers that have t he\nlargest dollar amounts of direct written premiums for motor\nvehicle insurance in Kentucky as of the date of the notification\nmade under subparagraph 4. of this paragraph; and\nc. A domestic or foreign property and casualty insurer with direct\nwritten pre miums for motor vehicle insurance in Kentucky\ndesignated by the commissioner of the Department of Insurance to\nrepresent small and medium -sized insurers in Kentucky's motor\nvehicle insurance market.\n3. If an insurer identified by the Department of Insuranc e under\nsubparagraph 2. of this paragraph declines or fails, within a reasonable\namount of time, to designate an individual to serve as a representative of\nthe insurer on the technical advisory committee, the Department of\nInsurance shall identify:\na. For an insurer identified under subparagraph 2.a. of this paragraph,\nthe domestic property and casualty insurer with the next largest\ndollar amount of direct written premiums for motor vehicle\ninsurance in Kentucky as of the date that the previously identified\ndomestic property and casualty insurer declined or failed to\ndesignate a representative;\nb. For an insurer identified under subparagraph 2.b. of this\nparagraph, the foreign property and casualty insurer with the next\nlargest dollar amount of direct writte n premiums for motor vehicle\ninsurance in Kentucky as of the date that the previously identified\nforeign property and casualty insurer declined or failed to\ndesignate a representative; and\nc. For an insurer identified under subparagraph 2.c. of this paragraph,\nan insurer that meets the requirements of that subdivision.\n4. The Department of Insurance shall:\na. Request each insurer identified by the Department of Insurance\nunder subparagraph 2. of this paragraph, and if applicable,\nsubparagraph 3. of this par agraph, to designate an individual to\nserve as a representative of the insurer on the technical advisory\ncommittee; and\nb. Appoint the individual designated by the insurer notified under\nthis subparagraph to the technical advisory committee.\n5. Each member appointed under this paragraph shall serve a four (4) year\nterm and may be reappointed.\n6. Vacancies of members appointed under this paragraph shall be filled:\na. Within thirty (30) days of the vacancy; and\nb. In the same manner as the original appointment.\n(e) Prior to making a filing under KRS Chapter 13A or publishing and\ndistributing, as applicable, the department shall submit drafts of the following\nto the technical advisory committee for review and recommendations:\n1. Any new, amended, or repealer emergency or ordinary administrative\nregulation, along with any forms required under KRS 13A.230, required\nor permitted under this section or otherwise related to the system; and\n2. The final detailed guide, inclu ding any updates to the final detailed\nguide, required under subsection (2)(c) of this section.\n(f) In addition to the requirements of paragraph (e) of this subsection, the\ndepartment shall keep the technical advisory committee informed about, and\nconsult with the committee regarding, the establishment, implementation,\noperation, and maintenance of the accessible online insurance verification\nsystem.\n(g) All meetings of, and communications to and from, the technical advisory\ncommittee shall be exempt from t he requirements of the Open Meetings Act,\nKRS 61.805 to 61.850.\n(5) (a) The department shall immediately make a notification to a motor vehicle\nowner upon any of the following:\n1. Notification to the department from an insurer of cancellation or\nnonrenewal of the owner's commercial motor vehicle insurance pursuant\nto KRS 304.39-085;\n2. Prior to January 1, 2027, if the vehicle identification number (VIN) of\nthe owner's personal motor vehicle, as defined in KRS 304.39-087(1)(a),\ndoes not appear in the databas e created by KRS 304.39 -087 for two (2)\nconsecutive reporting months; or\n3. On and after January 1, 2027, if the vehicle identification number (VIN)\nof the owner's personal motor vehicle, or commercial motor vehicle if\nthe commercial motor vehicle is cover ed by an insurer that has opted to\nreport to the system, does not appear in the accessible online insurance\nverification system for seven (7) consecutive days.\n(b) The notification required under paragraph (a) of this subsection shall:\n1. Be in either a paper or an electronic format;\n2. Specify each motor vehicle to which the notification pertains; and\n3. State that:\na. The owner's insurance is no longer valid; and\nb. The department shall revoke the registration of each motor vehicle\nto which the notificati on pertains unless one (1) of the following\noccurs within fourteen (14) days after the date the insurance\nbecame invalid:\ni. The owner provides proof of insurance to the county clerk or\nthe department; or\nii. The accessible online insurance verification sy stem indicates\nthat the motor vehicle or motor vehicles are covered by the\nsecurity required under KRS 304.39-080.\n(c) An owner may present the proof of insurance required under this subsection in\neither a paper or an electronic format.\n(d) When proof of i nsurance is provided in electronic format, the department or\ncounty clerk may require the owner to email or otherwise electronically\nsubmit the proof of insurance for the department's or clerk's records.\n(6) (a) In developing the mechanism to electronicall y transfer information pursuant\nto this section and KRS 304.39 -085 and 304.39-087, the commissioner of the\ndepartment shall:\n1. Consult with the commissioner of the Department of Insurance and\ninsurers of motor vehicles to adopt a standardized system of or ganizing,\nrecording, and transferring the information so as to minimize insurer\nadministrative expenses; and\n2. To the maximum extent possible, utilize nationally recognized\nelectronic data information systems consistent with the requirements of\nthis section.\n(b) Notwithstanding any other provision of law:\n1. Information obtained by the department pursuant to this section and\nKRS 304.39-087 shall not be:\na. Subject to the Kentucky Open Records Act, KRS 61.870 to\n61.884; or\nb. Disclosed, used, sold, accessed, or utilized in any manner, or\nreleased by the department to any individual, entity, or state or\nlocal agency, except:\ni. In accordance with state law for  the purposes specified by\nthis section; or\nii. In response to a specific individual request for the\ninformation authorized pursuant to the federal Driver's\nPrivacy Protection Act, 18 U.S.C. sec. 2721 et seq.;\n2. The department shall institute measures to ensure that only authorized\npersons are permitted to access the information referenced in this\nparagraph for the purposes specified by this section; and\n3. Persons who knowingly release or disclose information for a purpose\nother than those authorized by t his paragraph or to a person not entitled\nto receive it shall be guilty of a Class A misdemeanor for each release or\ndisclosure.\n(7) The Commonwealth Office of Technology and the Department of Insurance shall\nprovide support and assistance to the departmen t in carrying out the provisions of\nthis section.","path":["KRS Chapter 186A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56140","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:39Z","sha256":"d4ccd77575925fa025f67d24c5d5c96377706d23b372696d513adb9dcdb1641a","source_id":"us-ky","stale":false,"prev":"us-ky/krs-186a.037","next":"us-ky/krs-186a.042"},"notice":"GroundRules: Original legal text. Not legal advice."}