HF 2255

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to vehicle insurance; requiring the 
  1.3             commissioner of public safety to discontinue insurance 
  1.4             verification sampling program until the commissioner 
  1.5             modifies program; declaring charges for violations of 
  1.6             sampling program laws to be void; reinstating certain 
  1.7             drivers' licenses; requiring report; authorizing 
  1.8             resumption of sampling program. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [SUSPENSION OF PROGRAM TO VERIFY INSURANCE 
  1.11  COVERAGE THROUGH SAMPLING.] 
  1.12     The commissioner of public safety shall take no action 
  1.13  under Minnesota Statutes, section 169.796, subdivision 3, and 
  1.14  shall discontinue all activities related to the program to 
  1.15  verify insurance coverage through sampling, except as provided 
  1.16  in sections 2 to 6. 
  1.17     Sec. 2.  [REINSTATEMENT OF SUSPENDED LICENSES.] 
  1.18     The commissioner, without requiring proof of insurance or 
  1.19  payment of a reinstatement fee, shall reinstate the driver's 
  1.20  license of every vehicle owner whose license is suspended under 
  1.21  Minnesota Statutes, section 169.796, subdivision 3. 
  1.22     Sec. 3.  [DISMISSAL OF CHARGES.] 
  1.23     All charges, complaints, and citations issued for a 
  1.24  violation of Minnesota Statutes, section 169.796, subdivision 3, 
  1.25  or a related violation, including driving after a license 
  1.26  suspension imposed for failure to comply with the provisions of 
  1.27  Minnesota Statutes, section 169.796, subdivision 3, are void and 
  2.1   must be dismissed. 
  2.2      Sec. 4.  [REMOVAL OF PREVIOUS VIOLATIONS.] 
  2.3      The commissioner shall purge from a person's driving record 
  2.4   any notation of a violation of Minnesota Statutes, section 
  2.5   169.796, subdivision 3, and any notation of a related violation, 
  2.6   including driving after a license suspension imposed for failure 
  2.7   to comply with the provisions of Minnesota Statutes, section 
  2.8   169.796, subdivision 3.  An insurer may not increase a premium 
  2.9   for a policy of vehicle insurance on the basis of a violation 
  2.10  described in this section by a named insured if the violation 
  2.11  occurred before the effective date of this act, and any such 
  2.12  increase previously imposed must be rescinded. 
  2.13     Sec. 5.  [REPORT.] 
  2.14     The commissioner shall report to the chairs of the senate 
  2.15  and house of representatives committees with jurisdiction over 
  2.16  transportation policy no later than September 12, 2005, 
  2.17  concerning the program of sampling to verify insurance 
  2.18  coverage.  The report must: 
  2.19     (1) identify the measures that the commissioner will 
  2.20  implement to ensure that the commissioner's request to furnish 
  2.21  insurance information is delivered to the addressee; 
  2.22     (2) describe proposed modifications to the request form and 
  2.23  the envelope that will call attention to the urgency of the 
  2.24  request and the need for a prompt reply; 
  2.25     (3) propose changes to the program to ensure that a vehicle 
  2.26  owner will receive actual notice of the commissioner's intent to 
  2.27  suspend the owner's driver's license, and that actual notice 
  2.28  will be given with adequate time and opportunity for the owner 
  2.29  to respond and avoid the suspension; and 
  2.30     (4) identify any changes in statute necessary to allow the 
  2.31  commissioner to implement the recommended changes. 
  2.32     Sec. 6.  [TESTING AND RESUMPTION OF SAMPLING PROGRAM.] 
  2.33     On or after January 10, 2006, the commissioner shall 
  2.34  implement the sampling program under Minnesota Statutes, section 
  2.35  169.796, subdivision 3, as modified according to the report in 
  2.36  section 5.  On or after September 19, 2005, the commissioner may 
  3.1   request verification of insurance coverage from vehicle owners 
  3.2   under Minnesota Statutes, section 169.796, subdivision 3, 
  3.3   incorporating the modifications proposed in the report, but the 
  3.4   commissioner may not suspend driver's licenses under this 
  3.5   subdivision or impose any other penalties before the full 
  3.6   resumption of the sampling program on or after January 10, 2006. 
  3.7      Sec. 7.  [EFFECTIVE DATE.] 
  3.8      Sections 1 to 6 are effective the day following final 
  3.9   enactment and sunset on January 10, 2006.