Bill Text: MN SF1875 | 2011-2012 | 87th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Property and casualty insurance coverage provisions modification
Sponsorship: Bipartisan Bill
Status: (Passed) 2012-04-20 - Secretary of State Chapter 185 04/18/12 [SF1875 Detail]
Download: Minnesota-2011-SF1875-Engrossed.html
Bill Title: Property and casualty insurance coverage provisions modification
Sponsorship: Bipartisan Bill
Status: (Passed) 2012-04-20 - Secretary of State Chapter 185 04/18/12 [SF1875 Detail]
Download: Minnesota-2011-SF1875-Engrossed.html
1.2relating to insurance; property and casualty; permitting a written disclosure of
1.3guaranty association coverage when a policy is delivered; expanding access
1.4to accident reports to include all parties involved; permitting an insurance
1.5identification card to be provided in an electronic format;amending Minnesota
1.6Statutes 2010, sections 65B.482, subdivision 1; 169.09, subdivision 13;
1.7Minnesota Statutes 2011 Supplement, section 60C.21, subdivision 1.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2011 Supplement, section 60C.21, subdivision 1, is
1.10amended to read:
1.11 Subdivision 1. Notice required. No person, including an insurer, agent, or affiliate
1.12of an insurer or agent shall sell, or offer for sale, a covered property and casualty insurance
1.13policy, unless the notice, in the form specified in subdivision 2, is given or obtained with
1.14or as a part of the application for, or the delivery of, that policy. This section does not
1.15apply to renewals, unless the renewal increases the dollar amount of a coverage by more
1.16than 100 percent. The notice must be given or obtained in writing or in the same medium
1.17as the application for insurance.
1.18EFFECTIVE DATE.This section is effective the day following final enactment.
1.19 Sec. 2. Minnesota Statutes 2010, section 65B.482, subdivision 1, is amended to read:
1.20 Subdivision 1. Issuance of card. Every obligor transacting business in this state
1.21shall provide an insurance identification card for each vehicle covered at the time of
1.22initiating each policy of automobile insurance, as defined in section65B.14, subdivision
1.232 , and at the time of policy renewal. The insurance identification card may be provided
1.24in an electronic format if the insured agrees. When an insured has five or more vehicles
2.1registered in this state, the obligor may use the designation "all owned vehicles" on each
2.2identification card in lieu of a specified description. The card must state:
2.3(1) the insured's name;
2.4(2) the policy number;
2.5(3) the policy dates of coverage;
2.6(4) the make, model, and year of the vehicle being covered;
2.7(5) the vehicle identification number or at least the last three digits of that number;
2.8and
2.9(6) the name of the obligor providing coverage.
2.10 Sec. 3. Minnesota Statutes 2010, section 169.09, subdivision 13, is amended to read:
2.11 Subd. 13. Reports confidential; evidence, fee, penalty, appropriation. (a) All
2.12reports and supplemental information required under this section must be for the use of the
2.13commissioner of public safety and other appropriate state, federal, county, and municipal
2.14governmental agencies for accident analysis purposes, except:
2.15(1) upon written request, the commissioner of public safety or any law enforcement
2.16agency shall, upon written request of disclose the report required under subdivision 8 to:
2.17(i) any individual involved inan the accident or upon written request of, the
2.18representative of the individual's estate, or the surviving spouse, or one or more surviving
2.19next of kin, or a trustee appointed under section573.02 , or;
2.20(ii) any other person injured in person, property, or means of support, or who incurs
2.21other pecuniary loss by virtue of the accident, disclose to the requester, the requester's;
2.22(iii) legal counsel, of a person involved in the accident; or
2.23(iv) a representative of therequester's insurer the report required under subdivision
2.248 of any person involved in the accident;
2.25(2) the commissioner of public safety shall, upon written request, provide the driver
2.26filing a report under subdivision 7 with a copy of the report filed by the driver;
2.27(3) the commissioner of public safety may verify with insurance companies vehicle
2.28insurance information to enforce sections65B.48 ,
169.792 ,
169.793 ,
169.796 , and
2.29169.797
;
2.30(4) the commissioner of public safety shall provide the commissioner of
2.31transportation the information obtained for each traffic accident involving a commercial
2.32motor vehicle, for purposes of administering commercial vehicle safety regulations; and
2.33(5) the commissioner of public safety may give to the United States Department of
2.34Transportation commercial vehicle accident information in connection with federal grant
2.35programs relating to safety.
3.1(b) Accident reports and data contained in the reports are not discoverable under any
3.2provision of law or rule of court. No report shall be used as evidence in any trial, civil or
3.3criminal, or any action for damages or criminal proceedings arising out of an accident.
3.4However, the commissioner of public safety shall furnish, upon the demand of any person
3.5who has or claims to have made a report or upon demand of any court, a certificate
3.6showing that a specified accident report has or has not been made to the commissioner
3.7solely to prove compliance or failure to comply with the requirements that the report be
3.8made to the commissioner.
3.9(c) Nothing in this subdivision prevents any individual who has made a report under
3.10this section from providing information to any individuals involved in an accident or their
3.11representatives or from testifying in any trial, civil or criminal, arising out of an accident,
3.12as to facts within the individual's knowledge. It is intended by this subdivision to render
3.13privileged the reports required, but it is not intended to prohibit proof of the facts to
3.14which the reports relate.
3.15(d) Disclosing any information contained in any accident report, except as provided
3.16in this subdivision, section13.82, subdivision 3 or 6 , or other statutes, is a misdemeanor.
3.17(e) The commissioner of public safety shall charge authorized persons as described
3.18in paragraph (a) a $5 fee for a copy of an accident report. Ninety percent of the $5 fee
3.19collected under this paragraph must be deposited in the special revenue fund and credited
3.20to the driver services operating account established in section299A.705 and ten percent
3.21must be deposited in the general fund. The commissioner may also furnish an electronic
3.22copy of the database of accident records, which must not contain personal or private data
3.23on an individual, to private agencies as provided in paragraph (g), for not less than the cost
3.24of preparing the copies on a bulk basis as provided in section13.03, subdivision 3 .
3.25(f) The fees specified in paragraph (e) notwithstanding, the commissioner and law
3.26enforcement agencies shall charge commercial users who request access to response or
3.27incident data relating to accidents a fee not to exceed 50 cents per record. "Commercial
3.28user" is a user who in one location requests access to data in more than five accident
3.29reports per month, unless the user establishes that access is not for a commercial purpose.
3.30Of the money collected by the commissioner under this paragraph, 90 percent must be
3.31deposited in the special revenue fund and credited to the driver services operating account
3.32established in section299A.705 and ten percent must be deposited in the general fund.
3.33(g) The fees in paragraphs (e) and (f) notwithstanding, the commissioner shall
3.34provide an electronic copy of the accident records database to the public on a case-by-case
3.35basis using the cost-recovery charges provided for under section13.03, subdivision
3.363 . The database provided must not contain personal or private data on an individual.
4.1However, unless the accident records database includes the vehicle identification number,
4.2the commissioner shall include the vehicle registration plate number if a private agency
4.3certifies and agrees that the agency:
4.4(1) is in the business of collecting accident and damage information on vehicles;
4.5(2) will use the vehicle registration plate number only for identifying vehicles that
4.6have been involved in accidents or damaged, to provide this information to persons
4.7seeking access to a vehicle's history and not for identifying individuals or for any other
4.8purpose; and
4.9(3) will be subject to the penalties and remedies under sections13.08 and
13.09 .
4.10EFFECTIVE DATE.This section is effective the day following final enactment.
1.3guaranty association coverage when a policy is delivered; expanding access
1.4to accident reports to include all parties involved; permitting an insurance
1.5identification card to be provided in an electronic format;amending Minnesota
1.6Statutes 2010, sections 65B.482, subdivision 1; 169.09, subdivision 13;
1.7Minnesota Statutes 2011 Supplement, section 60C.21, subdivision 1.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2011 Supplement, section 60C.21, subdivision 1, is
1.10amended to read:
1.11 Subdivision 1. Notice required. No person, including an insurer, agent, or affiliate
1.12of an insurer or agent shall sell, or offer for sale, a covered property and casualty insurance
1.13policy, unless the notice, in the form specified in subdivision 2, is given or obtained with
1.14or as a part of the application for, or the delivery of, that policy. This section does not
1.15apply to renewals, unless the renewal increases the dollar amount of a coverage by more
1.16than 100 percent. The notice must be given or obtained in writing or in the same medium
1.17as the application for insurance.
1.18EFFECTIVE DATE.This section is effective the day following final enactment.
1.19 Sec. 2. Minnesota Statutes 2010, section 65B.482, subdivision 1, is amended to read:
1.20 Subdivision 1. Issuance of card. Every obligor transacting business in this state
1.21shall provide an insurance identification card for each vehicle covered at the time of
1.22initiating each policy of automobile insurance, as defined in section
1.232
1.24in an electronic format if the insured agrees. When an insured has five or more vehicles
2.1registered in this state, the obligor may use the designation "all owned vehicles" on each
2.2identification card in lieu of a specified description. The card must state:
2.3(1) the insured's name;
2.4(2) the policy number;
2.5(3) the policy dates of coverage;
2.6(4) the make, model, and year of the vehicle being covered;
2.7(5) the vehicle identification number or at least the last three digits of that number;
2.8and
2.9(6) the name of the obligor providing coverage.
2.10 Sec. 3. Minnesota Statutes 2010, section 169.09, subdivision 13, is amended to read:
2.11 Subd. 13. Reports confidential; evidence, fee, penalty, appropriation. (a) All
2.12reports and supplemental information required under this section must be for the use of the
2.13commissioner of public safety and other appropriate state, federal, county, and municipal
2.14governmental agencies for accident analysis purposes, except:
2.15(1) upon written request, the commissioner of public safety or any law enforcement
2.16agency shall
2.17(i) any individual involved in
2.18representative of the individual's estate, or the surviving spouse, or one or more surviving
2.19next of kin, or a trustee appointed under section
2.20(ii) any other person injured in person, property, or means of support, or who incurs
2.21other pecuniary loss by virtue of the accident
2.22(iii) legal counsel
2.23(iv) a representative of the
2.24
2.25(2) the commissioner of public safety shall, upon written request, provide the driver
2.26filing a report under subdivision 7 with a copy of the report filed by the driver;
2.27(3) the commissioner of public safety may verify with insurance companies vehicle
2.28insurance information to enforce sections
2.30(4) the commissioner of public safety shall provide the commissioner of
2.31transportation the information obtained for each traffic accident involving a commercial
2.32motor vehicle, for purposes of administering commercial vehicle safety regulations; and
2.33(5) the commissioner of public safety may give to the United States Department of
2.34Transportation commercial vehicle accident information in connection with federal grant
2.35programs relating to safety.
3.1(b) Accident reports and data contained in the reports are not discoverable under any
3.2provision of law or rule of court. No report shall be used as evidence in any trial, civil or
3.3criminal, or any action for damages or criminal proceedings arising out of an accident.
3.4However, the commissioner of public safety shall furnish, upon the demand of any person
3.5who has or claims to have made a report or upon demand of any court, a certificate
3.6showing that a specified accident report has or has not been made to the commissioner
3.7solely to prove compliance or failure to comply with the requirements that the report be
3.8made to the commissioner.
3.9(c) Nothing in this subdivision prevents any individual who has made a report under
3.10this section from providing information to any individuals involved in an accident or their
3.11representatives or from testifying in any trial, civil or criminal, arising out of an accident,
3.12as to facts within the individual's knowledge. It is intended by this subdivision to render
3.13privileged the reports required, but it is not intended to prohibit proof of the facts to
3.14which the reports relate.
3.15(d) Disclosing any information contained in any accident report, except as provided
3.16in this subdivision, section
3.17(e) The commissioner of public safety shall charge authorized persons as described
3.18in paragraph (a) a $5 fee for a copy of an accident report. Ninety percent of the $5 fee
3.19collected under this paragraph must be deposited in the special revenue fund and credited
3.20to the driver services operating account established in section
3.21must be deposited in the general fund. The commissioner may also furnish an electronic
3.22copy of the database of accident records, which must not contain personal or private data
3.23on an individual, to private agencies as provided in paragraph (g), for not less than the cost
3.24of preparing the copies on a bulk basis as provided in section
3.25(f) The fees specified in paragraph (e) notwithstanding, the commissioner and law
3.26enforcement agencies shall charge commercial users who request access to response or
3.27incident data relating to accidents a fee not to exceed 50 cents per record. "Commercial
3.28user" is a user who in one location requests access to data in more than five accident
3.29reports per month, unless the user establishes that access is not for a commercial purpose.
3.30Of the money collected by the commissioner under this paragraph, 90 percent must be
3.31deposited in the special revenue fund and credited to the driver services operating account
3.32established in section
3.33(g) The fees in paragraphs (e) and (f) notwithstanding, the commissioner shall
3.34provide an electronic copy of the accident records database to the public on a case-by-case
3.35basis using the cost-recovery charges provided for under section
3.363
4.1However, unless the accident records database includes the vehicle identification number,
4.2the commissioner shall include the vehicle registration plate number if a private agency
4.3certifies and agrees that the agency:
4.4(1) is in the business of collecting accident and damage information on vehicles;
4.5(2) will use the vehicle registration plate number only for identifying vehicles that
4.6have been involved in accidents or damaged, to provide this information to persons
4.7seeking access to a vehicle's history and not for identifying individuals or for any other
4.8purpose; and
4.9(3) will be subject to the penalties and remedies under sections
4.10EFFECTIVE DATE.This section is effective the day following final enactment.
