Uninsured motorists-amendments.

WORKING DRAFT
2005
STATE OF WYOMING
05LSO-0112

HOUSE BILL
NO.
HB0169

Uninsured motorists-amendments.

Sponsored by:
Joint Transportation, Highways and Military Affairs Interim Committee

A BILL

for

AN ACT relating to motor vehicles; requiring insurers to provide notice to the department of transportation upon cancellation, nonrenewal or issuance of motor vehicle liability policies; specifying duties of the department of transportation; amending penalties for failure to maintain liability coverage; requiring charges for failure to maintain liability coverage; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 31
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204 is created to read:

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204.

Notice of insurance cancellation or nonrenewal.

(a)

An insurer who cancels or becomes aware of the cancellation, nonrenewal or initial issuance of a motor vehicle liability policy required by law to be issued on a motor vehicle in this state shall provide to the department in a manner prescribed by rule of the department information regarding the cancellation, nonrenewal or initial issuance within ten (10) days of processing the cancellation, nonrenewal or initial issuance of a policy. The information provided by the insurer shall include the date on which the policy was cancelled, not renewed or initially issued. Except as provided by subsection (c) of this section, the information regarding the policy shall designate by explicit description or by appropriate reference all motor vehicles which were or are to be covered thereby unless the policy is issued to a person who is not the owner of a motor vehicle.

(b)

The department shall:

(i)

D
evelop and adopt by rule and regulation a system to allow the electronic transmission of data from insurance companies to the department and shall maintain a database of cancelled, terminated or lapsed policies
;

(ii)

Provide notice of cancellation, nonrenewal and issuance information to all law enforcement agencies and the appropriate county treasurer upon request.

(c)

Nothing in this section shall be construed to require an insurer to provide the explicit description of or appropriate reference to a vehicle covered under a commercial vehicle insurance policy that provides automatic coverage or loss thereof for additional or newly acquired or sold vehicles.

(d)

On cancellation or nonrenewal of a policy, an insurer shall notify the insured that the department has been notified of the cancellation or nonrenewal.

(e)

Information provided by an insurer to the department pursuant to this section shall be solely for the use of the department or appropriate law enforcement officers and is not a public record for purposes of W.S. 16
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201 through 16
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205.

Section 2.
W.S. 31
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103(a) and (b)(intro) is amended to read:

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103.

Failure to maintain liability coverage; penalties; exceptions.

(a)

No owner of a motor vehicle required to be registered shall operate or permit the operation of his motor vehicle without having in full force and effect a motor vehicle liability policy in amounts provided by W.S. 31
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405(b) or a bond in amounts provided by W.S. 31
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102(a)(xi). Violation of this subsection is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not less than
two hundred fifty dollars ($250.00)
five hundred dollars ($500.00)
nor more than seven hundred fifty dollars ($750.00), or both. On a second or subsequent violation of this subsection, the person may be fined not less than
five hundred dollars ($500.00)
one thousand dollars ($1,000.00)
nor more than one thousand five hundred dollars ($1,500.00), imprisoned for not more than six (6) months, or both. In addition to the fine or imprisonment imposed for a second or subsequent violation of this subsection, the judge shall require the defendant to deliver the registration and license plates of the vehicle involved to the county treasurer for the county where the citation was issued, and the registration and license plates shall be held by the county treasurer until such time as the judge determines that the defendant has met all obligations imposed by law. Excusable neglect or mistake by another is a defense for any violation of this subsection. If evidence of excusable neglect or mistake by another is presented and the defendant is convicted, the court may consider this evidence in imposing a penalty under this subsection. The judge may suspend part or all of the sentence under this subsection and place the defendant on probation subject to conditions imposed by the judge which shall include a condition that the defendant shall deliver the registration and license plates of the vehicle involved to the county treasurer for the county where the citation was issued. This subsection does not apply to a vehicle owned by a nonresident and registered in a state requiring insurance if a vehicle insurance policy meeting requirements of the laws and regulations of that state is in effect or unless it otherwise complies with the laws of that state concerning compulsory financial responsibility. The department shall report any violation of this subsection to the motor vehicle administrator in the state wherein the vehicle is registered. A vehicle owned by a nonresident and registered in a state not requiring insurance is exempt from this subsection.

(b)

Any police officer as defined by W.S. 31
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102(a)(xxxiii), issuing a citation for any moving violation under W.S. 31
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101 through 31
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1402 or inspecting any vehicle, shall require the operator of any motor vehicle required to be registered to produce evidence of whether the operator or owner of the motor vehicle has in full force and effect a motor vehicle liability policy in amounts provided by W.S. 31
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405(b) or a bond in amounts provided by W.S. 31
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102(a)(xi). If the operator cannot show written proof of financial responsibility, the driver shall have seven (7) days to produce such proof. Any operator or owner of a motor vehicle required to be registered who is not able to demonstrate evidence of compliance with subsection (a) of this section
may
shall
be charged with violating that subsection. Additionally, the judge may order any driver failing to produce written proof of financial responsibility to pay restitution in accordance with W.S. 7
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101 through 7
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115. Effective January 1, 1993, the displaying or exhibiting of a validly issued insurance identification card as provided by W.S. 31
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201 by an operator or owner of the motor vehicle constitutes compliance with this section. No operator or owner of a motor vehicle charged with violating this section shall be convicted if he produces in court one (1) of the following which was valid at the time of arrest or at the time the citation was issued:

Section 3.
This act is effective July 1, 2005.

(END)

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HB0169