27-22-107. Motor vehicle insurance reporting.

27-22-107. Motor vehicle insurance reporting. (a)(1) Each insurance company providing motor vehicle liability insurance coverage required under § 27-22-104(a), shall provide before the seventh day of each calendar month to the Revenue Division of the Department of Finance and Administration a record of each motor vehicle insurance policy in effect as of the previous month that was issued by the insurance company. The reports shall be provided to the division through any means of electronic or electromagnetic medium available to and approved by the Department of Finance and Administration, unless the insurance company qualifies for an exception to this electronics reporting requirement as a result of being a small or low-volume insurer as may otherwise be provided for under rules promulgated by the department. (2)(A)(i) The Secretary of the Department of Finance and Administration may choose a vendor to provide an online insurance verification system which will comply with the industry standards as recommended by the Insurance Industry Committee on Motor Vehicle Administration when there are two (2) or more vendors that demonstrate to the department the ability to meet the Insurance Industry Committee on Motor Vehicle Administration standard. (ii) The department shall notify each insurance company in writing of the chosen vendor. If the insurance company elects to participate in the online insurance verification system that complies with the industry standards, the company may then work with the vendor and the department on an agreeable schedule to convert to the new system. (iii) If an insurance company elects to participate in the online insurance verification system, then the insurance company will be exempt from providing the report before the seventh day of each calendar month as the department and law enforcement will be able to obtain data online in real time. (B) If the secretary certifies that seventy percent (70%) or more of the motor vehicle insurance policies in effect on a specific date are being accessed according to the industry standards in the online insurance verification system, each insurance company shall provide access to the data through the online insurance verification system. (C) At the discretion of the department, rules may be established to offer insurers who write fewer policies an alternative method for reporting insurance policy data. (D) The department shall select a vendor under the Arkansas Procurement Law, § 19-11-201 et seq. (b)(1) The reports shall include: (A) The name and the address of the named insured; (B) The make, year, and vehicle identification number of each insured vehicle; and (C) The policy number, effective date, and expiration date of each policy and the National Association of Insurance Commissioners company code number. (2) The reports may include: (A) The date of birth of each insured owner or operator; and (B) The driver's license number of each insured owner or operator. (c) The department may, following procedures set forth in rules promulgated by the department, assess a penalty against each insurance company of up to two hundred fifty dollars ($250) for each day the insurance company fails to comply with this section. If an insurance company shows that the failure to comply with this section was inadvertent, accidental, outside of the control of the company, or the result of excusable neglect, the secretary may excuse the penalty. The moneys collected from these penalties shall be deposited as a special revenue into the State Central Services Fund, and the net amount shall be credited as a direct revenue to be used by the department to offset the costs of administering this section. (d) The department shall promulgate necessary rules for the administration of this section.