Bill Text: MN SF2624 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Insurance fraud prevention account accident report fees transfer authorization
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2014-03-19 - Comm report: To pass and re-referred to Transportation and Public Safety [SF2624 Detail]
Download: Minnesota-2013-SF2624-Introduced.html
1.2relating to commerce; transferring certain accident report fees to the insurance
1.3fraud prevention account; amending Minnesota Statutes 2012, section 169.09,
1.4subdivision 13; Minnesota Statutes 2013 Supplement, section 45.0135,
1.5subdivision 6.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2013 Supplement, section 45.0135, subdivision 6,
1.8is amended to read:
1.9 Subd. 6. Insurance fraud prevention account. The insurance fraud prevention
1.10account is created in the state treasury. Money received from assessments under
1.11subdivision 7 and transferred from the automobile theft prevention account in section
1.1265B.84, subdivision 1
, is deposited in the account. Money received from the $5 fee for
1.13accident reports received under section 169.09, subdivision 13, paragraph (e), is deposited
1.14in the account. Money in this fund is appropriated to the commissioner of commerce for
1.15the purposes specified in this section and sections60A.951 to
60A.956 .
1.16 Sec. 2. Minnesota Statutes 2012, section 169.09, subdivision 13, is amended to read:
1.17 Subd. 13. Reports confidential; evidence, fee, penalty, appropriation. (a) All
1.18reports and supplemental information required under this section must be for the use of the
1.19commissioner of public safety and other appropriate state, federal, county, and municipal
1.20governmental agencies for accident analysis purposes, except:
1.21(1) upon written request, the commissioner of public safety or any law enforcement
1.22agency shall disclose the report required under subdivision 8 to:
2.1(i) any individual involved in the accident, the representative of the individual's
2.2estate, or the surviving spouse, or one or more surviving next of kin, or a trustee appointed
2.3under section573.02 ;
2.4(ii) any other person injured in person, property, or means of support, or who incurs
2.5other pecuniary loss by virtue of the accident;
2.6(iii) legal counsel of a person described in item (i) or (ii); or
2.7(iv) a representative of the insurer of any person described in item (i) or (ii);
2.8(2) the commissioner of public safety shall, upon written request, provide the driver
2.9filing a report under subdivision 7 with a copy of the report filed by the driver;
2.10(3) the commissioner of public safety may verify with insurance companies vehicle
2.11insurance information to enforce sections65B.48 ,
169.792 ,
169.793 ,
169.796 , and
169.797 ;
2.12(4) the commissioner of public safety shall provide the commissioner of
2.13transportation the information obtained for each traffic accident involving a commercial
2.14motor vehicle, for purposes of administering commercial vehicle safety regulations;
2.15(5) upon specific request, the commissioner of public safety shall provide the
2.16commissioner of transportation the information obtained regarding each traffic accident
2.17involving damage to identified state-owned infrastructure, for purposes of debt collection
2.18under section161.20, subdivision 4 ; and
2.19(6) the commissioner of public safety may give to the United States Department of
2.20Transportation commercial vehicle accident information in connection with federal grant
2.21programs relating to safety.
2.22(b) Accident reports and data contained in the reports are not discoverable under any
2.23provision of law or rule of court. No report shall be used as evidence in any trial, civil or
2.24criminal, or any action for damages or criminal proceedings arising out of an accident.
2.25However, the commissioner of public safety shall furnish, upon the demand of any person
2.26who has or claims to have made a report or upon demand of any court, a certificate
2.27showing that a specified accident report has or has not been made to the commissioner
2.28solely to prove compliance or failure to comply with the requirements that the report be
2.29made to the commissioner.
2.30(c) Nothing in this subdivision prevents any individual who has made a report under
2.31this section from providing information to any individuals involved in an accident or their
2.32representatives or from testifying in any trial, civil or criminal, arising out of an accident,
2.33as to facts within the individual's knowledge. It is intended by this subdivision to render
2.34privileged the reports required, but it is not intended to prohibit proof of the facts to
2.35which the reports relate.
3.1(d) Disclosing any information contained in any accident report, except as provided
3.2in this subdivision, section13.82 , subdivision 3 or 6, or other statutes, is a misdemeanor.
3.3(e) The commissioner of public safety shall charge authorized persons as described
3.4in paragraph (a) a $5 fee for a copy of an accident report.Ninety percent of The $5 fee
3.5collected under this paragraph must be deposited in thespecial revenue fund and credited
3.6to the driver services operating insurance fraud prevention account established in section
3.7299A.705 and ten percent must be deposited in the general fund 45.0135, subdivision 6.
3.8The commissioner may also furnish an electronic copy of the database of accident records,
3.9which must not contain personal or private data on an individual, to private agencies as
3.10provided in paragraph (g), for not less than the cost of preparing the copies on a bulk basis
3.11as provided in section13.03, subdivision 3 .
3.12(f) The fees specified in paragraph (e) notwithstanding, the commissioner and law
3.13enforcement agencies shall charge commercial users who request access to response or
3.14incident data relating to accidents a fee not to exceed 50 cents per record. "Commercial
3.15user" is a user who in one location requests access to data in more than five accident
3.16reports per month, unless the user establishes that access is not for a commercial purpose.
3.17Of the money collected by the commissioner under this paragraph, 90 percent must be
3.18deposited in the special revenue fund and credited to the driver services operating account
3.19established in section299A.705 and ten percent must be deposited in the general fund.
3.20(g) The fees in paragraphs (e) and (f) notwithstanding, the commissioner shall
3.21provide an electronic copy of the accident records database to the public on a case-by-case
3.22basis using the cost-recovery charges provided for under section13.03, subdivision
3.233 . The database provided must not contain personal or private data on an individual.
3.24However, unless the accident records database includes the vehicle identification number,
3.25the commissioner shall include the vehicle registration plate number if a private agency
3.26certifies and agrees that the agency:
3.27(1) is in the business of collecting accident and damage information on vehicles;
3.28(2) will use the vehicle registration plate number only for identifying vehicles that
3.29have been involved in accidents or damaged, to provide this information to persons seeking
3.30access to a vehicle's history and not for identifying individuals or for any other purpose; and
3.31(3) will be subject to the penalties and remedies under sections13.08 and
13.09 .
3.32 Sec. 3. EFFECTIVE DATE.
3.33This act is effective July 1, 2014.
1.3fraud prevention account; amending Minnesota Statutes 2012, section 169.09,
1.4subdivision 13; Minnesota Statutes 2013 Supplement, section 45.0135,
1.5subdivision 6.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2013 Supplement, section 45.0135, subdivision 6,
1.8is amended to read:
1.9 Subd. 6. Insurance fraud prevention account. The insurance fraud prevention
1.10account is created in the state treasury. Money received from assessments under
1.11subdivision 7 and transferred from the automobile theft prevention account in section
1.13accident reports received under section 169.09, subdivision 13, paragraph (e), is deposited
1.14in the account. Money in this fund is appropriated to the commissioner of commerce for
1.15the purposes specified in this section and sections
1.16 Sec. 2. Minnesota Statutes 2012, section 169.09, subdivision 13, is amended to read:
1.17 Subd. 13. Reports confidential; evidence, fee, penalty, appropriation. (a) All
1.18reports and supplemental information required under this section must be for the use of the
1.19commissioner of public safety and other appropriate state, federal, county, and municipal
1.20governmental agencies for accident analysis purposes, except:
1.21(1) upon written request, the commissioner of public safety or any law enforcement
1.22agency shall disclose the report required under subdivision 8 to:
2.1(i) any individual involved in the accident, the representative of the individual's
2.2estate, or the surviving spouse, or one or more surviving next of kin, or a trustee appointed
2.3under section
2.4(ii) any other person injured in person, property, or means of support, or who incurs
2.5other pecuniary loss by virtue of the accident;
2.6(iii) legal counsel of a person described in item (i) or (ii); or
2.7(iv) a representative of the insurer of any person described in item (i) or (ii);
2.8(2) the commissioner of public safety shall, upon written request, provide the driver
2.9filing a report under subdivision 7 with a copy of the report filed by the driver;
2.10(3) the commissioner of public safety may verify with insurance companies vehicle
2.11insurance information to enforce sections
2.12(4) the commissioner of public safety shall provide the commissioner of
2.13transportation the information obtained for each traffic accident involving a commercial
2.14motor vehicle, for purposes of administering commercial vehicle safety regulations;
2.15(5) upon specific request, the commissioner of public safety shall provide the
2.16commissioner of transportation the information obtained regarding each traffic accident
2.17involving damage to identified state-owned infrastructure, for purposes of debt collection
2.18under section
2.19(6) the commissioner of public safety may give to the United States Department of
2.20Transportation commercial vehicle accident information in connection with federal grant
2.21programs relating to safety.
2.22(b) Accident reports and data contained in the reports are not discoverable under any
2.23provision of law or rule of court. No report shall be used as evidence in any trial, civil or
2.24criminal, or any action for damages or criminal proceedings arising out of an accident.
2.25However, the commissioner of public safety shall furnish, upon the demand of any person
2.26who has or claims to have made a report or upon demand of any court, a certificate
2.27showing that a specified accident report has or has not been made to the commissioner
2.28solely to prove compliance or failure to comply with the requirements that the report be
2.29made to the commissioner.
2.30(c) Nothing in this subdivision prevents any individual who has made a report under
2.31this section from providing information to any individuals involved in an accident or their
2.32representatives or from testifying in any trial, civil or criminal, arising out of an accident,
2.33as to facts within the individual's knowledge. It is intended by this subdivision to render
2.34privileged the reports required, but it is not intended to prohibit proof of the facts to
2.35which the reports relate.
3.1(d) Disclosing any information contained in any accident report, except as provided
3.2in this subdivision, section
3.3(e) The commissioner of public safety shall charge authorized persons as described
3.4in paragraph (a) a $5 fee for a copy of an accident report.
3.5collected under this paragraph must be deposited in the
3.6
3.7
3.8The commissioner may also furnish an electronic copy of the database of accident records,
3.9which must not contain personal or private data on an individual, to private agencies as
3.10provided in paragraph (g), for not less than the cost of preparing the copies on a bulk basis
3.11as provided in section
3.12(f) The fees specified in paragraph (e) notwithstanding, the commissioner and law
3.13enforcement agencies shall charge commercial users who request access to response or
3.14incident data relating to accidents a fee not to exceed 50 cents per record. "Commercial
3.15user" is a user who in one location requests access to data in more than five accident
3.16reports per month, unless the user establishes that access is not for a commercial purpose.
3.17Of the money collected by the commissioner under this paragraph, 90 percent must be
3.18deposited in the special revenue fund and credited to the driver services operating account
3.19established in section
3.20(g) The fees in paragraphs (e) and (f) notwithstanding, the commissioner shall
3.21provide an electronic copy of the accident records database to the public on a case-by-case
3.22basis using the cost-recovery charges provided for under section
3.233
3.24However, unless the accident records database includes the vehicle identification number,
3.25the commissioner shall include the vehicle registration plate number if a private agency
3.26certifies and agrees that the agency:
3.27(1) is in the business of collecting accident and damage information on vehicles;
3.28(2) will use the vehicle registration plate number only for identifying vehicles that
3.29have been involved in accidents or damaged, to provide this information to persons seeking
3.30access to a vehicle's history and not for identifying individuals or for any other purpose; and
3.31(3) will be subject to the penalties and remedies under sections
3.32 Sec. 3. EFFECTIVE DATE.
3.33This act is effective July 1, 2014.
