SB273

ENGROSSED

By Senator Sanford

A BILL TO BE ENTITLED AN ACT

Relating to motor vehicle liability insurance; to amend Section 32-7A-6, Code of Alabama 1975, and to add Section 32-7A-26 to the Code of Alabama 1975; to allow evidence of motor vehicle liability insurance to be presented in an electronic format; to authorize the Department of Revenue to send notices, in an electronic format, to verify that a liability insurance policy exists on a motor vehicle; and to clarify that the use of a cellular phone or other electronic device to display evidence of insurance does not constitute consent for a law enforcement officer to access any other content on the device.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 32-7A-6, Code of Alabama 1975, is amended to read as follows:

§32-7A-6.

"(a) Every operator of a motor vehicle subject to the provisions of Section 32-7A-4 shall carry within the vehicle evidence of insurance. The evidence shall be legible and sufficient to demonstrate that the motor vehicle currently is covered by a liability insurance policy or a commercial automobile liability insurance policy as required under Section 32-7A-4 and may include, but is not limited to, the following:

"(1) An insurance card, or temporary insurance card, provided by the insurer or an authorized representative under this section.

"(2) The combination of proof of purchase of the motor vehicle within the previous 20 calendar days and a current and valid insurance card issued for the motor vehicle replaced by such purchase.

"(3) The current declarations page of a liability insurance policy.

"(4) A liability insurance binder, or legible copy thereof, certificate of liability insurance, or legible copy thereof; provided such document contains all information required in this chapter.

"(5) A current motor vehicle rental agreement for the vehicle, which specifies insurance coverage by the rental company or the operator in the minimum amounts, provided in Section 32-7-6(c).

"(b) The insurer issuing the liability insurance policy or the commercial automobile liability insurance policy shall provide an insurance card for each motor vehicle insured that shall contain the following information:

"(1) The vehicle year model.

"(2) The vehicle make.

"(3) The vehicle identification number (VIN).

"(4) The name of the insured(s).

"(5) The name of the insurance company.

"(6) The policy number, not required on temporary insurance card.

"(7) The effective date and expiration date, which shall cover a period of time not to exceed 12 months.

"(8) Insurance company's NAIC number.

"(c) Notwithstanding the foregoing, if the insurance card is issued for a commercial automobile liability insurance policy, the card may state "FLEET," "COMMERCIAL," "COMMERCIAL POLICY," or "COMMERCIAL EXEMPT" in lieu of vehicle years, makes, and VIN's if vehicle years, makes, and VIN's are not captured by the insurer. If the vehicle years, makes, and VIN's are captured by the insurer, then the insurer may provide such information on the insurance card, but must state "FLEET," "COMMERCIAL," "COMMERCIAL POLICY," or "COMMERCIAL EXEMPT" on the insurance card. If the insurance card is issued for a nonowner policy, the card may state "NONOWNER POLICY" in lieu of the vehicle year, make, and VIN.

"(d) The minimum size of the insurance card shall be 3" by 2 1/8". All required information shall be printed appear on the front of the card. The insurance card may include other information at the discretion of the insurer. Insurance companies may allow authorized representatives to issue temporary insurance cards to satisfy the requirements of this chapter. Temporary insurance cards are not required to have the policy number but shall contain all other required information.

"(e) No insurer shall issue a card, similar in appearance, form, and content to the insurance card required under this section, in connection with an insurance policy that does not provide the liability insurance coverage required under Section 32-7A-4.

"(f) Insurance binders, certificates of liability insurance, and other evidence of insurance as required under this section, must meet the following requirements (except where noted):

"(1) Insurance company name.

"(2) Policy number - not required on a binder or temporary insurance card.

"(3) Effective date.

"(4) Expiration date.

"(5) Name of insured(s).

"(6) Vehicle year model - not required if issued for a commercial automobile liability insurance policy or for a nonowner policy.

"(7) Vehicle make - not required if issued for a commercial automobile liability insurance policy or for a nonowner policy.

"(8) Vehicle identification number - not required if issued for a commercial automobile liability insurance policy or for a nonowner policy.

"(9) Signature of authorized representative.

"(g) The combination proof of purchase of a motor vehicle, as provided in subsection (a) above, shall consist of a legible copy of the legal bill of sale if the motor vehicle is not subject to the provisions of the Alabama Uniform Certificate of Title and Antitheft Act, or the owner's copy of the application for certificate of title for a motor vehicle subject to the provisions of the Alabama Uniform Certificate of Title and Antitheft Act, or an Alabama certificate of title issued in the name of the vehicle owner or operator.

"(h) The evidence of insurance shall be presented upon request made by any law enforcement officer wearing a uniform or presenting a badge, or both or other sign of authority. Any person who fails or refuses to comply with such request is in violation of Section 32-7A-16 unless evidence of motor vehicle liability insurance or other evidence of financial responsibility as provided in this chapter is verified through the online insurance verification system. Any person who presents evidence of insurance, knowing there is no valid liability insurance in effect on the motor vehicle as required under Section 32-7A-4 or knowing the evidence of insurance is illegally altered, counterfeit, or otherwise invalid, is in violation of Section 32-7A-16.

"(i) The evidence of insurance may be provided in either a tangible format or an electronic format. Acceptable electronic formats include the display of electronic images on a cellular phone or other electronic device.

"(j) The use of a cellular phone or other electronic device to display evidence of insurance does not constitute consent for law enforcement or other governmental employees to access any other content on the electronic device. Any law enforcement officer or other governmental employee presented with an electronic device pursuant to this section shall be subject to the provisions of Section 36-1-12 for damages to the electronic device resulting from acts taken when viewing the device pursuant to this section."

Section 2. Section 32-7A-26 is added to the Code of Alabama 1975, to read as follows:

§32-7A-26.

The department may establish rules pursuant to the Administrative Procedure Act regarding procedures to send notices, prescribed by this chapter, in an electronic format. Notices sent in electronic format shall be allowed only if the content satisfies all of the requirements of this chapter.

Section 3. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Liability Insurance

Revenue Department

Motor Vehicles

Electronic Device

Code Added

Code Amended