A. The Department of Public Safety shall transfer to the Oklahoma Insurance Department by January 1, 2018, the online verification system for motor vehicle liability policies as required by the Compulsory Insurance Law, subject to the following:
1. The Oklahoma Tax Commission and the Department of Public Safety shall cooperate with the Insurance Department in the ongoing improvement and maintenance of the verification system;
2. The verification system shall be accessible through the Internet, World Wide Web or a similar proprietary or common carrier electronic system by authorized personnel of the Department of Public Safety, the Tax Commission, the district attorneys, the courts, law enforcement personnel, and any other entities authorized by the Insurance Department;
3. The verification system shall provide for direct inquiry and response between the Insurance Department and insurance carriers, or such other method of inquiry and response as agreed to by the Insurance Department and individual insurance carriers, and direct access to insurers' records by personnel authorized by the Insurance Department;
4. The verification system shall be available twenty-four (24) hours a day to verify the insurance status of any vehicle registered in this state through the vehicle's identification number, policy number, registered owner's name or other identifying characteristic or marker as prescribed by the Insurance Department in its rules;
5. The Insurance Department may contract with a private vendor to assist in establishing and maintaining the verification system;
6. The verification system shall include appropriate provisions, consistent with industry standards, to secure its data against unauthorized access and to maintain a record of all information requests;
7. Information contained in the verification system shall not be considered a public record;
8. Any law enforcement officer, to establish compliance with the Compulsory Insurance Law during a traffic stop or accident investigation, shall access information from the online verification system to verify the current validity of the policy described on a security verification form produced by the operator of each motor vehicle during the traffic stop or accident investigation. If compliance is not confirmed for the policy described on the security verification form produced by the operator and a subsequent investigation conducted by the officer verifies that the operator is not in compliance, the officer may issue a citation to the operator for failure to comply with the Compulsory Insurance Law;
9. If the operator fails to produce the security verification form during a traffic stop or accident investigation, the requesting law enforcement officer shall access information from the online verification system through the vehicle's identification number, registered owner's name, license plate number or other identifying characteristic or marker to verify valid and current security and establish compliance with the Compulsory Insurance Law and shall not issue a citation if valid and current security is established. If the operator fails to produce the security verification form and compliance is not confirmed through the online verification system, the officer may issue a citation to the operator for failure to comply with the Compulsory Insurance Law;
10. Establishing compliance with the Compulsory Insurance Law through the online verification system shall not be the primary cause for law enforcement to stop a motor vehicle; and
11. All information exchanged between the Insurance Department and insurance companies, any database created, and all reports, responses, or other information generated for the purposes of the verification system shall not be subject to the Oklahoma Open Records Act.
B. This section shall not apply to a policy issued pursuant to paragraph 3 of subsection A of Section 7-601.1 of this title or paragraph 3 of subsection A of Section 7-602 of this title to insure a commercial motor vehicle or to insure any vehicle under a commercial policy that provides commercial auto coverage as defined in Section 7-600 of this title.
C. As a condition for writing motor vehicle liability policies in this state, insurance carriers shall cooperate with the Insurance Department in establishing and maintaining the insurance verification system and shall provide access to motor vehicle insurance policy status information as provided in the rules of the Insurance Department. The Insurance Commissioner may, pursuant to Title 36 of the Oklahoma Statutes, initiate an administrative proceeding against any insurance company found by the Commissioner to not be in compliance with the provisions of this section or any rules promulgated pursuant to this section.
Added by Laws 2006, c. 322, § 1, eff. July 1, 2006. Amended by Laws 2007, c. 326, § 14, eff. Nov. 1, 2007; Laws 2008, c. 184, § 31, eff. July 1, 2008; Laws 2008, c. 335, § 2, eff. July 1, 2008; Laws 2009, c. 62, § 30, eff. Nov. 1, 2009; Laws 2009, c. 340, § 2, emerg. eff. May 27, 2009; Laws 2010, c. 440, § 1, eff. Nov. 1, 2010; Laws 2016, c. 88, § 1, eff. Nov. 1, 2016; Laws 2017, c. 74, § 1, eff. Nov. 1, 2017.